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WEB SITE TERMS AND CONDITIONS
Thank you for visiting this web site, owned and
operated by DAK Pharmaceuticals . (The site at and
all other Web sites owned or operated by DAK
Pharmaceuticals, collectively are referred to as the
"Site"). The following terms and conditions ("Terms
and Conditions") govern your access to and use of the
Site (including without limitation your purchase of
products from this Site). By accessing, viewing, or
using the content, material, or services available on
or through this Site, you indicate that you have read
and understand these Terms and Conditions, and that
you agree to them and intend to be legally bound by
them. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO USE
THIS SITE AND SHOULD EXIT IMMEDIATELY.
1. Informational Purposes Only. The information on
this Site is for informational purposes only. No
information, services, or materials offered by or
through this Site shall be construed as or understood
to be medical advice or care. The U.S. Food and Drug
Administration has not reviewed the safety or
effectiveness of any products offered or noted on
this Site, nor any statements made in the Site. None
of the information on this Site shall be used to
diagnose or treat any health problem or disease. You
must consult with a physician, doctor, or health care
provider before taking any product or using any
information on this Site.
2. Children's Protection Policy. CHILDREN UNDER
THE AGE OF 18 MUST EXIT THIS SITE IMMEDIATELY AND ARE
PROHIBITED FROM USING THIS SITE. This Site is not
written, nor is this Site designed, for children and
therefore is unsuitable for their use. Specifically,
and without limitation, articles, observations,
pictures, and discussion board commentary contained
on this Site are not suitable for children. We urge
parents to monitor and guide their children's use of
computers, especially in regard to the Internet, to
prevent children from visiting inappropriate Web
sites or opening themselves to possible of harm of
any kind from unscrupulous people.
3. Rules for Use of this Site. By accessing or
using the Site or the products or services made
available or offered by or through the Site,
including without limitation the ability to send
anonymous electronic mail messages to others, you -
and anyone and everyone else using the Site through
any username or password issued to you or selected by
you - agree that any and all of the following are
strictly prohibited at all times:
Posting or transmitting any material, whether
word, image or graphic, that is false, libelous,
threatening, hateful, harmful, defamatory, harassing,
abusive, slanderous, illegal, indecent, obscene,
pornographic, or embarrassing, or which discloses to
any third person any private or personal matters
concerning any person, all of which shall be
determined by Condysil in its sole discretion.
Posting or transmitting material that infringes
the copyright, patent, trade secret, trademark, or
other intellectual property or proprietary rights of
any person.
Representing or portraying oneself as someone
other than who they actually are, or making any
false, misleading, or misrepresentative
statement.
Posting, transmitting or displaying any
information about another person without their
consent including, but not limited to, email address,
health condition, or health status, except to
anonymously notify that other person through the
anonymous electronic mail service provided by the
Site that they may have an STD.
Using the Site or any portion or product or
service offered by or through the Site, including
without limitation any or all public access areas, in
any way that violates local, state, national, or
international law.
Distributing, reproducing, executing, or including
in any material, information, or data posted or
transmitted, any viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming
routines that damage, harm, disrupt, detrimentally
interfere with, surreptitiously intercept, or
expropriate any system, data or personal information,
or that are intended to do so.
Allowing, permitting, or causing anyone other than
you to use your user name or password.
Sending or transmitting unsolicited bulk e-mail,
"spam," or the same note more than once, or engaging
in or conducting any conduct that restricts or
inhibits any other person from accessing or using
this Site as it is intended.
Posting, transmitting, or distributing
advertisements, promotions, or solicitations without
the prior written approval of DAK
Pharmaceuticals.
Engaging in any activity that, in the sole
judgment of DAK Pharmaceuticals, exposes DAK
Pharmaceuticals, its officers, directors, employees,
agents, principals, representatives, contractors,
successors, assigns, vendors, customers, proprietors,
partners, shareholders, servants, predecessors, and
attorneys or suppliers ("DAK Pharmaceuticals
Parties") to any undesirable actual or potential
responsibility or liability.
At any and all times, you are responsible for all
information, materials, content, and data you
transmit and post on or via the Site. Further, DAK
Pharmaceuticals does not monitor, review, or edit any
messages or materials or information posted by its
users, whether via the electronic mail notification
services, the discussion boards, or otherwise.
4. Privacy Statement. DAK Pharmaceuticals has a
Privacy Statement disclosing what information we
collect about visitors, how we use such information,
and the steps we take to secure such information.
Click here to view the privacy policy, which is
incorporated into these Terms and Conditions by
reference, as if set forth fully herein. Please be
advised that the confidentiality of any communication
or material transmitted to DAK Pharmaceuticals via
the Site or Internet electronic mail cannot be
guaranteed, including, for example, personal
information such as your address or name.
Alternatively, you may contact DAK Pharmaceuticals by
telephone at: Customer Service (9 AM - 5 PM EST /
Monday - Friday) 1-866-475-4424 or Sales and Product
Information (9 AM - 5 PM EST / Monday - Friday)
1-866-475-4424, or write us at
webmaster@DAKPharmaceuticals.com.
5. Offensive Materials. This Site may contain
health or medical-related materials that you may find
sexually or graphically explicit or otherwise
offensive. Accessing or use of the Site constitutes
acceptance of this risk. The DAK Pharmaceuticals
Parties have no control over and accept no
responsibility for such materials.
6. Proprietary Rights. DAK Pharmaceuticals owns,
licenses, or uses pursuant to legal authority the
data, content, graphics, forms, artwork, and other
material for this Site (the "Content"), as well as
the selection, coordination, arrangement, and
organization and enhancement of the Content (also,
the "Content") for this Site. Except as indicated,
this Site and Content are owned or licensed by DAK
Pharmaceuticals and are 1999-2001 DAK Pharmaceuticals
and/or third party licensors. All rights reserved.
Any use, reproduction, or distribution of this Site
or Content without DAK Pharmaceuticals' advance
written consent is prohibited, except, however, you
may download one temporary copy of these materials on
any single computer, and you may print one copy of
these materials for your use in learning about,
evaluating, or acquiring DAK Pharmaceuticals' or its
licensees' or licensors' services or products. All
trademarks, service marks, and logos appearing on the
Site are proprietary to DAK Pharmaceuticals or its
licensors. Use or misuse of these trademarks without
DAK Pharmaceuticals' advance written consent is
expressly prohibited.
7. Links to Other Sites. This Site may contain
links to other Internet Web sites for the convenience
of users in locating information, products, or
services. These sites and any other sites operated or
maintained by third parties are operated or
maintained by organizations over which DAK
Pharmaceuticals exercises no control, and DAK
Pharmaceuticals expressly disclaims any and all
responsibility for the Content, links, and other
items, the accuracy and completeness of the
information, and the quality of products or services
made available or advertised on these third-party
sites. DAK Pharmaceuticals does not control, endorse,
promote, or have any affiliation with any other Web
site.
8. Site Content. This Web site is for your
personal and non-commercial use. You may not frame,
capture, harvest, collect, or create hypertext or
other links or connections to any part of the Site or
Content without DAK Pharmaceuticals' advance written
consent. DAK Pharmaceuticals is not responsible for
any errors or omissions in the Content or other
materials. DAK Pharmaceuticals is not responsible for
the accuracy or completeness of the Content,
advertisements, or other items contained within this
Site. DAK Pharmaceuticals may make changes to the
content of this Site, or the products or services
made available in connection with this Site at any
time, with or without notice, and makes no commitment
to update any of these items.
9. EXCEPT FOR OUR REFUND POLICY RELATED TO YOUR
ABILITY TO RETURN UNUSED PORTIONS OF UNSATISFACTORY
PRODUCTS, YOUR USE OF THE SITE AND ANY AND ALL
PRODUCTS PURCHASED VIA OR IN CONNECTION WITH THE SITE
IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITY, AND
HEREBY MAKE NO REPRESENTATIONS OR WARRANTIES,
WHATSOEVER, EXPRESS AND IMPLIED, WRITTEN AND ORAL,
ARISING FROM COURSE OF PERFORMANCE, USAGE OF TRADE,
COURSE OF DEALING, OR OTHERWISE, WITH REGARD TO THE
SITE, ANY OR ALL PRODUCTS SOLD VIA THE SITE, OR ANY
AND ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF,
INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD,
THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN
CONNECTION WITH THE SITE, AND ANY AND ALL MESSAGES OR
INFORMATION POSTED OR TRANSMITTED IN CONNECTION WITH
THE DISCUSSION BOARD OR THE MAIL NOTIFICATION
SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUALITY, SYSTEMS
INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, AND HEREBY DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, ABOUT THE TRUTH, SUITABILITY,
RELIABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT
(INCLUDING WITHOUT LIMITATION INFORMATION AND
GRAPHICS), PRODUCTS, OR SERVICES CONTAINED ON THIS
SITE FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION
THE DELIVERY OR MISDELIVERY OF ANY ELECTRONIC MAIL
NOTIFICATION SENT VIA THE SITE. THE SITE, ANY AND ALL
CONTENT, AND EACH AND EVERY ELEMENT THEREOF,
INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD,
THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN
CONNECTION WITH THE SITE, AND ANY AND ALL MESSAGES OR
INFORMATION POSTED OR TRANSMITTED IN CONNECTION WITH
THE DISCUSSION BOARD OR THE MAIL NOTIFICATION
SERVICE, ARE PROVIDED "AS IS" AND WITH ALL
FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR ANY
OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES OF ANY KIND
WHATSOEVER ARISING FROM OR CONNECTED WITH THESE TERMS
AND CONDITIONS, THE SITE OR ANY CONTENT OR ANY
ELEMENT THEREOF (INCLUDING WITHOUT LIMITATIONS THE
INABILITY TO ACCESS THIS SITE OR MISDIRECTED
ELECTRONIC MAIL NOTIFICATIONS), INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, LOST DATA, OR
LOST PROFITS, REGARDLESS OF LEGAL THEORY, EVEN IF ANY
PERSON HAS BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES
OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR
ESSENTIAL PURPOSE.
10. IF YOU ARE DISSATISFIED WITH DAK
Pharmaceuticals' PERFORMANCE OR NON-PERFORMANCE OF
OBLIGATIONS OR RESPONSIBILITIES IN CONNECTION WITH
THE SITE, THE SITE AS A WHOLE OR ANY PORTION OR
PORTIONS OF THIS SITE, OR WITH ANYTHING ELSE RELATED
TO, CONNECTED WITH, OR BASED UPON THE SITE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB
SITE. Under no circumstances will the total liability
of DAK Pharmaceuticals to you and any and all other
persons in connection with, based upon, or arising
from this Site or any Content or any element thereof
or your use of this Site exceed $100. Some
jurisdictions do not permit the exclusion or
limitation of liability for consequential or
incidental damages, and, as such, some portion of the
above limitation may not apply to you. In such
jurisdictions, our liability is limited to the
greatest extent permitted by law.
11. Indemnification. You shall defend, indemnify,
and hold harmless the DAK Pharmaceuticals Parties
from and against any and all suits, actions, claims,
proceedings, damages, settlements, judgments, awards,
settlements, obligations, injuries, liabilities,
losses, risks, costs, and expenses (including without
limitation attorneys' fees and litigation expenses)
relating to or arising from this Site, the Content,
your use of this Site, your fraud, negligence,
violation of law, or willful misconduct, or any
breach by you of these Terms and Conditions.
12. Use of Services and Product Information. This
Site, including the products displayed on the Site,
is intended solely for the use and benefit of United
States citizens residing in the U.S. The Site shall
not be used to send electronic message notifications
to non-U.S. citizens or to non-U.S. residents, nor
shall the Site be used by non-U.S. citizens or
non-U.S. residents to send electronic mail
notifications. The products displayed on this Site
shall not be ordered from or delivered outside the
United States. The prices displayed on the Site are
quoted in U.S. dollars. Although we have tried to
accurately display the colors of products, the actual
colors you see will depend on your computer monitor
and may depend on other hardware or software used by
you. The display of Content, or other materials on
your monitor may or may not be accurate.
13. Securities Information. This Site and the
information contained herein do not constitute an
offer or a solicitation of an offer for the purchase
or sale of any securities. This Site may contain
information and press releases about DAK
Pharmaceuticals, and although this information was
believed to be accurate as of the date prepared, DAK
Pharmaceuticals disclaims any duty or obligation to
update such information. To the extent that any
information is deemed to be a "forward looking
statement" as defined in the rules and regulations of
the Securities Act of 1933, as amended, such
information is intended to fit within the "safe
harbor" for forward looking information and is
subject to material risk factors which may or may not
be disclosed herein.
14. Use of the Internet. Use of the Internet is
solely at your own risk and is subject to all
applicable local, state, national, and international
laws and regulations. Neither DAK Pharmaceuticals nor
its contractors will be liable for any loss resulting
from a cause over which they do not have direct
control, including, but not limited to, failure of
electronic or mechanical equipment or communication
lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft,
operator errors, severe weather, earthquakes, natural
disasters, strikes or other labor problems, wars, or
governmental restrictions.
15. Changes; Termination. These Terms and
Conditions may be changed by DAK Pharmaceuticals at
any time, with or without notice; your continued use
of this Site after any change is made to the Terms
and Conditions signifies your understanding of and
intention and agreement to be bound by such change.
It is your responsibility to monitor these Terms and
Conditions for changes. DAK Pharmaceuticals reserves
the right to terminate your access to this Site in
the event that you violate these Terms and Conditions
or for any reason whatever or no reason, with or
without notice.
16. Governing Law and Jurisdiction. These Terms
and Conditions represent the entire agreement between
you and DAK Pharmaceuticals with respect to the
subject matter hereof, supersede any and all prior
and contemporaneous written and oral representations,
understandings, and agreements between us, and will
be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania without
reference to its conflict of law rules. In the event
of any conflict between these Terms and Conditions
and any statement or omission on the Site or any
products or services connected therewith, these Terms
and Conditions shall govern. This Site is controlled
and operated by DAK Pharmaceuticals from its offices
within the United States. The waiver or failure of
DAK Pharmaceuticals to exercise in any respect any
right provided hereunder shall not be deemed a waiver
of such right in the future or a waiver of any of
other rights established under these Terms and
Conditions.
Any and all controversies and claims arising out
of or relating to these Terms and Conditions,
including without limitation the breach thereof,
shall be settled by binding arbitration administered
by the American Arbitration Association in accordance
with its Commercial Arbitration Rules, and judgment
on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. The
arbitration proceedings shall be conducted before a
panel of three (3) neutral arbitrators, all of whom
shall be selected from a panel of persons having
experience with and knowledge of commercial
activities conducted over the Internet, and at least
one of the arbitrators selected will be an attorney.
Except as may be required by law, neither a party nor
an arbitrator may disclose the existence, content, or
results of any arbitration hereunder without the
prior written consent of both parties.
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