Terms of Condition
PLEASE CAREFULLY READ AND REVIEW THE FOLLOWING TERMS OF USE BEFORE USING THIS WEB SITE (THE “SITE”), WHICH IS OPERATED AND OWNED BY ZABECOR PHARMACEUTICALS, LLC (“ZABECOR” OR “WE”). By using this site, you expressly agree to the terms and conditions of use conveyed in the text below (these “Terms of Use”). If you do not agree, please exit the Site and disregard the information contained in the Site.
By using this Site, you expressly agree to be bound by and to comply with these Terms of Use. ZaBeCor provides its content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically amend, modify, add or remove the Terms at our sole discretion without prior notice at any time. By accessing and using this Site, you explicitly agree to these Terms. For an explanation of ZaBeCor’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy available via the link at the bottom of this page.
1. Copyrights All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of ZaBeCor and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
2. Trademarks The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of ZaBeCor. You agree that you will not refer to or attribute any information to ZaBeCor in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, ZaBeCor.
3. Use of Site Content You are not permitted to publish, transmit, post, distribute or otherwise reproduce this information, in whole or in part, in any format to any third party without the express prior written consent of ZaBeCor. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without ZaBeCor’ prior express written consent.
Neither ZaBeCor nor any of its third party providers shall have any responsibility to maintain the data and services made available on this site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice. ZaBeCor reserves the right, at any time and from time to time, in its sole discretion and judgment, to add, modify, or remove any of the information on this Site. ZaBeCor makes no warranty, express or implied, concerning this Site or the services made available on this Site. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by ZaBeCor or the third party providers from whom ZaBeCor has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.
ZaBeCor expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the Site of the services offered therein with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
The information contained in this Site is not intended to be medical advice or patient-specific treatment advice. Only you and your doctor or other health care professional can determine what treatments are appropriate for you.
PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY TREATMENT OR PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, SITE. This material has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and ZaBeCor is not soliciting any action based upon it. Although this material is based upon information that ZaBeCor considers reliable and endeavors to keep current, ZaBeCor has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
4. User Postings on Website You acknowledge and agree that ZaBeCor shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information (other than your email address) that you post or otherwise publish on the Site in posts, ZaBeCor survey responses, and otherwise, and you hereby waive any claims against ZaBeCor for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with ZaBeCor’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. ZaBeCor does not and cannot review all information posted to the Site by users and is not responsible for such information. However, ZaBeCor reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Notices of Infringement / Intellectual Property Rights ZaBeCor prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to ZaBeCor at the address listed on this Site, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. ZaBeCor will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
6. Disclaimers THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT ZABECOR IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZABECOR AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. ZABECOR SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA AND SERVICES AVAILABLE ON THIS WEB SITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THIS SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THIS SERVICE. IN NO EVENT WILL ZABECOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOU USING THE DATA OR SERVICES MADE AVAILABLE ON THIS WEB SITE, EVEN IF ZABECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZABECOR WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY ZABECOR OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES OR TO TAKE ANY ACTION IN CONNECTION THEREWITH. ZABECOR SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER ZABECOR NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Security ZaBeCor shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between ZaBeCor and you, regardless of whether the connection or communication service is provided by ZaBeCor or a third party service provider.
8. Third-Party Websites We may provide links to third-party Websites (the “Third Party Sites”), and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of Third Party Sites or incorporation through framesets of content supplied by third-party servers. ZaBeCor has no responsibility for these Third Party Sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. This Site or the services provide herein may provide links to Third Party Sites which are sponsored and maintained by third parties. ZaBeCor is providing such links solely as a convenience to you. Accordingly, ZaBeCor makes no representations concerning the content of the Third Party Sites. The fact that ZaBeCor has provided a link to such Third Party Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by ZaBeCor with respect to the Third Party Sites, its owners, or its providers. ZaBeCor has not tested any information, software, or products found on any of the Third Party Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of such Third Party Sites, or the suitability or appropriateness of the products or transactions described therein.
9. Other Risk Factors The fact that ZaBeCor has made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. Many of the products described on this website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks that are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
10. Consequences of Violating These Terms of Use ZaBeCor reserves the right to suspend or terminate your account if you violate any of these Terms of Use. If your violation causes harm to others, you agree to indemnify and hold ZaBeCor harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of this Site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be Pennsylvania.
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