Terms of Use
Effective as of June 22, 2008
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE HANDSURGERYNEWS.COM WEB SITE.
By using this Web site, you agree to these Terms of Use. If you do not agree, please exit and disregard the information contained herein.
HandSurgeryNews.com ("
Web site") is provided to you by Auxilium US Holdings, LLC, with its principal offices in Delaware, USA ("Auxilium" or "We"). These Terms of Use (this "
Agreement") sets forth the terms and conditions governing your use of this Web site. By accessing or using this Web site, you accept and agree to be legally bound by this Agreement, our
Legal Notice and our
Privacy Policy, as they may be amended or supplemented from time to time.
Modifications to Terms of Use
Auxilium may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. You may view the current applicable version of this Agreement at any time through a link at the bottom of each page within this Web site.
Intended Audience
The intended audience of this Web site is healthcare professionals.
Privacy
The information that we obtain through your use of the Web site, whether collected through the registration process, submitted by you in posts to the Web site, or otherwise, is subject to our
Privacy Policy. That privacy policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the privacy policy before you use the Web site. If you are unwilling to accept the terms and conditions of the privacy policy, you must not use the Web site.
Compliance With Laws
You agree to comply with all laws applicable to your use of the Web site. You also agree that you will not use the Web site in any way to:
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Web site;
- interfere with, disrupt or harm in any way the Web site or servers or networks connected to the Web site;
- electronically stalk or otherwise harass another User;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law; or
- use the Web site in violation of any applicable laws or regulations, or any rules or guidelines established by Auxilium.
Ownership of Content
All design, text, sound and images of the
www.handsurgerynews.com Web site are protected by copyright © 2008, Auxilium US Holdings, LLC. ALL RIGHTS RESERVED. Copying or retransmission, electronically or in hard copy, of any of the design, text, sound, image or pages of this Web site is strictly prohibited, except that copying is permitted for the sole purpose of performing authorized work with Auxilium US Holdings, LLC or its affiliates or for your personal, non-commercial use. Any other use of the materials on this Web site, without the express written permission of Auxilium US Holdings, LLC, is strictly prohibited.
Trademark Notices
All trademarks, service marks, logos and designs used on this Web site, whether registered or unregistered, are owned by Auxilium, its affiliates or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Auxilium, its affiliates or other third parties without our prior written consent.
Your Contact With Other Third Parties
Your dealings with other third parties found on or accessible through the Web site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties or representations associated with such dealings.
Auxilium does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Auxilium will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web site.
Other Web Sites
The Web site, or third parties on the Web site, may provide links to other sites and/or resources, including advertisers, over which Auxilium has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Auxilium of content, items or services on those third-party Web sites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. Auxilium makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web sites. You agree that Auxilium has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.
Disclaimer of Warranties
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUXILIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
AUXILIUM DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AUXILIUM MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
Limitations of Liability
AUXILIUM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH CONTENT.
ADDITIONALLY, IN NO EVENT WILL AUXILIUM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT AUXILIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Complaints Regarding Content
If you believe that any specific Content available on the Web site infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please e-mail us at contact@HandSurgeryNews.com.
Termination of Your Access
At any time, Auxilium may suspend or terminate your use of the Web site, or any part thereof, and may remove or delete any or all of your Content within the Web site, without prior notice to you, for any reason that Auxilium, in its sole discretion, deems appropriate.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web site shall be governed by and construed in accordance with the laws of Pennsylvania without giving effect to any principles of conflicts of law. Any legal action or proceeding between Auxilium and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction in Delaware, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.