The following are terms of a legal agreement (“Agreement”) between you and Collegium Pharmaceutical, Inc (“Collegium”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all these terms and conditions, you may not access, browse and/or use this Site.
I COPYRIGHT AND TRADEMARK NOTICE
The entire content of this Internet Website (“Site”) is fully protected under all applicable copyright and trademark laws. Users may print a single copy of the content of this Site for their personal noncommercial use only. Further printing, copying, redistribution or publication of any part of this Site is strictly prohibited unless expressly permitted within.
II RESTRICTION ON USING THE CONTENT OF THIS WEBSITE
Collegium makes no representation regarding the availability, the accuracy, or the completeness of the content of this Site. The Site contains information about products that may or may not be available in a particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved by government regulatory authorities for sale or use with different indications and restrictions in different countries.
This Site may contain, from time to time, information related to various health and medical conditions and their treatment. For non-healthcare providers, such information is not intended to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health problem or disease. In any event, users of this Site should always consult a doctor and/or other medical professional with respect to health concerns.
While Collegium uses reasonable efforts to include accurate and up-to-date information in its Site, Collegium makes no warranties or representations as to its accuracy. Collegium assumes no liability or responsibility for any errors or omissions in the content of its Site. This Site may provide links or references to other Websites not affiliated with Collegium. Such links to other Sites are provided only as a convenience to users of this Site. Collegium has not reviewed all the Sites that may be linked to its Site and is not responsible for the content of any other Site linked to this Site. Linking to any pages off this Site is at your own risk. Collegium shall not be liable for any damages or injury arising from users’ access to such Sites.
III. If the Site provides visitors with an opportunity to post messages, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. Collegium shall not be responsible for content posted to its site by third parties.
IV. LIMITATION OF LIABILITY
Collegium provides the contents of its Site for informational purposes and for your general interest and entertainment only. By using the Site you hereby agree not to rely on any of the information contained herein. Under no circumstances shall Collegium be liable for your reliance on any such information nor shall Collegium be liable for damages of any kind, including, without limitation, any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this Site or the materials in any Site which may be linked to this Site, even if Collegium or a Collegium-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Collegium’s total liability to you for all damages, losses, and causes of action, whether the cause of action is in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any, for accessing this Site.
V. DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLLEGIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLLEGIUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLLEGIUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COLLEGIUM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
VI. JURISDICTIONAL ISSUES/EXPORT RESTRICTIONS
This Site is controlled and operated by Collegium from its offices within the Commonwealth of Massachusetts, United States of America. Although the Internet is global in nature, the laws regulating the manner in which pharmaceutical companies convey medical or product information is not. Each country has its own set of rules, regulations and laws. As a result, information intended for dissemination in a particular country may not be appropriate for use outside that country. The
information on this Site is designed to comply with the laws of the United States. The information on this Site is intended for access and use by U.S. residents only. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein.
VII. LINKING POLICY
Links Out — This Site may provide links or references to other Websites not affiliated with Collegium. Collegium has not reviewed the content of Websites that may be linked to its Site, makes no representations about the content of the Websites, and is not responsible for the content of any other Website linked to this Site. Linking to any pages off this Site is at your own risk. Collegium shall not be liable for any damages or injury arising from users’ access to such Websites.
Links In — Unless otherwise set forth in a written agreement between you and Collegium, you must adhere to Collegium’s linking policy as follows: i) any link to a Collegium Site must be a text only link clearly marked “Collegium Web Site,” ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Collegium’s name or trademarks, iii) the link must point to the homepage of the Collegium Site and not to other pages within the website, iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, associated with, or affiliated with Collegium or the Site, v) when selected by the user, the link must display the Website on full screen and not within a “frame” on the linking Website, and vi) the linked Website must comply with all applicable U.S. laws, rules, and regulations.