PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL DOCUMENT. This Website (the “Website”), including all information, text, visual images, software, products and services used or available via the Website, is owned by Vertical Pharmaceuticals, Inc. (“Vertical,” “we,” “our,” or “us”). The Website is for the use of our customers (“Customers,” “you” or “your”). The Website enables our Customers to learn about our company and our products. We agree to provide our Customers access to the Website subject to these Terms of Use. In consideration for your use of the Website, you agree to use it in accordance with these Terms of Use, without reservation. If you access our Website in any manner, your access constitutes use of the Website. BY ACCESSING THE WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE. Any and all rights not expressly granted in these Terms of Use are reserved by Vertical.
Because the Internet is an evolving medium, from time to time Vertical will change, or make improvements to, the Website. Such changes and/or improvements shall be made without notice to you. From time to time, Vertical will change these Terms of Use or impose new conditions on the use of the Website, in which case Vertical will post the revised Terms of Use on this Website. A revised form of these Terms of Use will be effective immediately upon its posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website in any manner whatsoever. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use are reasonable.
Our Privacy Policy may be found on the Privacy Policy Website link. Our Privacy Policy is incorporated herein by this reference and made an integral part hereof.
The Website is intended solely for your personal and noncommercial use. Except as otherwise expressly provided herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Website, or any software, products or services obtained from or available as part of or in conjunction with the Website. We grant you a non-exclusive, non-assignable and non-transferable license (the “License”) to use the Website only pursuant to these Terms of Use. The License is not a sale of any of our rights, nor is it a transfer of title to such rights. The Website may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Website or any data residing on it, or any of your rights under this License, to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of the Website. You may not transfer to or store any data residing or exchanged over the Website in any electronic network for use by more than one user unless you obtain prior written permission from us. If you violate any of these Terms of Use, your License shall terminate automatically and you must immediately destroy all copies of any materials, content, or information that you may have obtained on or through the Website.
Vertical offers the information on this Website only for general educational and informational purposes, and as a guide and basis for general comparisons. This information is not intended as a substitute for advice, treatment, or recommendations from health care professionals, or as the sole basis upon which any specific action is to be recommended or taken. Neither Vertical nor any Sponsor is engaged in rendering medical advice or services. Many medical and pharmacoeconomic issues are the subject of debate and diverse opinions. Opinions expressed by guest editors and contributors do not necessarily represent the views of either Vertical or any Sponsor. Intellectual Property Information All of the design, text, and graphics of the Website, as well as the selection and arrangement thereof, are © 2012 Vertical Pharmaceuticals, Inc., All Rights Reserved. All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol are trademarks and/or service marks owned by or licensed to Vertical, its subsidiaries or its affiliates. Use of any of these marks, except as permitted herein, is expressly prohibited. The Website images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website, and icons are the property of, or are utilized under permission given to, Vertical or its licensors, and may not be sold, resold, downloaded, distributed, stored, copied, reused, reposted, modified, or otherwise used except as provided herein without the express written permission of Vertical. You may download and print a single copy of the Website for your personal use, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website not expressly permitted by these Terms of Use, or in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to: info@verticalpharma.com The Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website, except as expressly set forth above. Vertical actively enforces its intellectual property rights in this Website to the fullest extent of the law. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to the Website in addition to other legal remedies to which Vertical is entitled. Nothing contained herein shall be construed as conferring, by implication, waiver, estoppel or otherwise, any license or right under any patent or trademark belonging to Vertical, any Sponsor or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright of Vertical or any Sponsor.
This Website may contain hyperlinks or other connections to websites operated by parties other than us, including, but not limited to, our Sponsors. We do not control these websites and are not responsible for them, including their availability, content or any viruses, worms, spyware or malware that may be accessed through them. Our inclusion of hyperlinks or other connections to Sponsor Websites does not imply any endorsement of the material on them or any association with their owners. We assume no responsibility whatsoever for our Customers, our Sponsors or our Sponsors’ respective business practices (or any of the information posted or downloaded by our Sponsors on the Website). Nothing on our Website shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor, whether in regard to its Website, products, services or otherwise.
The Website may be used only for lawful purposes by Customers seeking information on our products and company. As one of the conditions of your use of the Website, you represent, warrant and agree that you will not use, encourage or help others use the Website for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. By agreeing to these Terms of Use, you certify that you will use the Website in good faith and with no intention of seeking any information that would violate any law, statute, or regulation issued by any federal, state, or local agency. You further certify that you will not use the information that you obtain in violation of any federal, state, or local statue, law, or regulation. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for your use or logging into a server or account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing.” Violations of Website or network security may result in civil or criminal liability. We will investigate occurrences that involve such violations and may consult, and cooperate, with law enforcement authorities in prosecuting anyone who may be involved in such violations. Indemnification You agree to defend, indemnify and hold Vertical, its officers, directors, employees, members, agents, and affiliates harmless from and against all claims, actions or demands, liabilities and settlements, including without limitation our costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your use of the Website’s content, (iii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website; or (iv) your unauthorized or unlawful use of the Website. We will use reasonable efforts to provide you with prompt notice of any such claim, suit or proceeding, and may assist you, at our expense and option, in defending any such claim, suit or proceeding. You also agree to reimburse us for any and all attorneys’ fees, costs, and expenses that you incur in attempting to collect the amount for which you have agreed to indemnify or reimburse us.
If any viewer of this Website responds with information, including feedback data, questions, comments, suggestions, ideas or the like, such information we shall deem that information to be non-confidential, and Vertical shall have no obligation of any kind with respect to such information and shall be free to reproduce, disclose, and distribute the information to others without limitation, and to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. While we appreciate hearing from you and welcome your comments regarding our Website, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you or us. VERTICAL IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
You must be eighteen (18) years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use this Website in any manner. By accessing the Website and accepting these Terms of Use, you represent and warrant to us that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use.
When using the Website, information will be accessed by you over the Internet, a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website. While Vertical has endeavored to make sure that the information contained in this Website is accurate, Vertical cannot guarantee the accuracy of such information. ACCESS TO THIS WEBSITE AND THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERTICAL AND ITS SPONSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD THEREBY. VERTICAL AND ITS SPONSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF THE WEBSITE, (ii) THE QUALITY AND SECURITY OF THE WEBSITE, OR (iii) THE INABILITY TO ACCESS THE WEBSITE OR ITS CONTENT, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
YOU AGREE THAT VERTICAL AND ITS SPONSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of the Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Vertical (or any of our Sponsors) as a result of these Terms of Use or your use of the Website.
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use will diminish Vertical’s right to comply with law enforcement requests, requirements relating to your use of the Website or information provided to or gathered by Vertical with respect to such use.
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding us, the Website or the content thereon. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We have the right to terminate your access to the Website at any time without notice and to discontinue or modify any of the content contained on the Website at any time. You may not assign any part of these Terms of Use without our prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing that is executed by the party against whom it is being enforced.
Vertical is based in Sayreville, New Jersey, in the United States of America. The information on this Website is intended for use only by Vertical’s clients and customers in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate or legal for use outside that country. Therefore, product information on this Website may not be appropriate or legal for residents of other countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We reserve the right to cancel or terminate your right to use the Website, or any part of the Website, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the part of the Website affected by such cancellation or termination.
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law, and Other.
We make no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (i) you will submit to the jurisdiction of the courts of New Jersey, including, without limitation, the United States District Court for the District of New Jersey, or New Jersey Superior Court for Middlesex County, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you. You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of New Jersey in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
These Terms of Use constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void. If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use. For further information relating to the Terms of Use, or to report a problem regarding the Website, please e-mail: info@verticalpharma.com
