| 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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