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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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