Terms of Use
(Effective as of October 6, 2011)
We, Cadence Pharmaceuticals, Inc. (“Cadence”), are pleased to provide you with this website, its related links and its content for general informational purposes. Please carefully read these Terms of Use relating to the use of our website. By accessing our website, you agree to be bound to these Terms of Use without limitation or qualification. If you violate any of these Terms of Use, your permission to use the website and any materials it contains automatically terminates and you must immediately destroy any copies you have made of such materials. This Privacy Policy should be read in conjunction with the Privacy Policy that is available separately on this website.
Disclaimer
ALTHOUGH WE ATTEMPT TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE ASSUME NO RESPONSIBILITY FOR, NOR GUARANTEE, THE ACCURACY OF THE INFORMATION ON THIS WEBSITE, AND SUCH INFORMATION MAY, AT TIMES, CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WE MAY NOT UPDATE OUR WEBSITE ON A DAILY, MONTHLY OR OTHER REGULAR BASIS. AS SUCH, THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE MAY BE OUT-OF-DATE OR INCLUDE OMISSIONS OR OTHER ERRORS. WE MAY CHANGE THE INFORMATION PROVIDED ON OUR WEBSITE AT ANY TIME WITHOUT NOTICE.
WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER MAKING IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS AND BACKING UP IMPORTANT APPLICATIONS AND DATA.
THIS WEBSITE AND THE CONTENT OF THIS WEBSITE ARE PROVIDED BY US ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE CONTENTS OF THIS WEBSITE, THE USE OF THIS WEBSITE OR THE RELIANCE ON INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Product Information/No Medical Advice
Nothing contained in this website is intended as a promotion of any product in a way that conflicts with the laws and regulations of the jurisdiction in which you are located.
We are not engaged in rendering medical or similar professional services or advice via this website, and the information provided is not intended to replace medical advice offered by a physician and should not be interpreted as a treatment recommendation or relied on for medical diagnosis or treatment. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can diagnose a patient’s condition and provide recommendations for treatment. If you desire or need such services or advice, you should consult a professional healthcare provider. The information provided on this website is presented in summary form, is general in nature, and is provided for informational purposes only. The information on this website is intended only for the purpose of helping patients and family members better understand certain health conditions and treatment options. You should not construe our publication of this content as an endorsement by us of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content. Due to the rapid changes in medical science, the information provided on this website may not be current. Never disregard medical advice or delay in seeking it because of something you have read on this website.
Securities of Cadence Pharmaceuticals, Inc.
We are not providing investment advice through this website. The material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any of our securities. If you decide to use any material available on this website in assessing whether to buy or sell our securities, please be aware that the material on this website reflects past performance and historical information only and that such performance and information is not necessarily an indication of future performance.
Forward-Looking Statements
We caution you that statements included on this website that are not a description of historical facts may be forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they were made. The inclusion of forward-looking statements should not be regarded as a representation by us that any of our plans will be achieved. Actual results may differ materially from those set forth on this website due to the risks and uncertainties inherent in our business. For information about the risks and uncertainties that we face and a discussion of our financial statements and footnotes, see the periodic public filings we make with the Securities and Exchange Commission. All forward-looking statements are qualified in their entirety by this cautionary statement and we undertake no obligation to revise or update this website to reflect events or circumstances after information is posted on this website, even if new information becomes available in the future.
Third Party Websites
This website may contain links to other websites that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party website will cause you to leave this website. The third party websites are not controlled by us and we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. We are not responsible for any webcasting or any other form of transmission received from any third party linked website. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party website, and access to any other websites linked to this website is at your own risk. By using this website to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this website to link to a third party website.
Third Party Content
Certain content from third parties may be made available as part of this website. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Privacy Policy
We are committed to protecting the privacy of visitors to our website. It is our intention to balance our legitimate business interests in collecting and using information received from and about you with your reasonable expectations of privacy. Our practices regarding the collection, use and disclosure of information that you may provide through this website are described in our Privacy Policy that is available separately on this website.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to this website to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.
User Responsibilities, Communications, Feedback, and Submissions
You agree not to use this website or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding this website, but under no circumstances should you send us any financial or sensitive personal information. In addition, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this sebsite or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.
Termination of Usage
We may terminate or suspend your access to all or part of this website, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this website or is in violation of any applicable law or these Terms of Use.
Applicable Law
The laws applicable to the interpretation of these Terms of Use shall be the federal laws of the United States of America and the laws of the State of California, without regard to any conflict of law provisions. We make no representation that the content on this website is appropriate for access outside of the United States of America. Those who choose to access this website from outside the United States of America do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of San Diego County, California, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.
Please feel free to contact us regarding this website or to resolve a complaint regarding any aspect of content or service relating to this website as set forth below.
Violations and Additional Policies
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the website.
Copyright
This website is owned and operated by us and the entire contents of this website are subject to copyright protection. Unless otherwise specified, all materials appearing on this website, including the text, site design, graphics, logos, icons and images, and audio and video clips, as well as the selection, assembly and arrangement thereof, are the sole property of us, our content providers or our business partners. Except as otherwise expressly permitted on this website, you may only view, download, print and retain a copy of pages of this website provided that (1) your use of such information from this website is for your informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) no modifications of such information shall be made. Except as expressly provided on this website, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this website in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.
Trademarks
We own or have rights to various trademarks, copyrights and trade names used in our business, including the following: Cadence®, OFIRMEV® and the Cadence and OFIRMEV logos. Other trademarks and trade names appearing on this website are the property of their holders. The absence of a product, service, name, slogan or logo from the above list does not constitute a waiver of any trademark or other intellectual property rights. The use of any of our trademarks, copyrights or trade names without our express written consent is strictly prohibited.
Modifications to Terms of Use
At any time, we reserve the right to add to, modify or remove portions of our Terms of Use. Please check back to this page from time to time to determine if any revisions have been made. Your continued use of this website after any revisions have been made will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
How to Contact Us about these Terms of Use
If you have any questions regarding these Terms of Use, correspondence may
be sent to:
Cadence Pharmaceuticals, Inc.
12481 High Bluff Drive, Suite 200
San Diego, CA 92130
Phone: (858) 436-1400
Fax: (858) 436-1401
Email: legal@cadencepharm.com
Use of this website constitutes your acceptance of these Terms of Use.
