Terms of Use

Welcome to the SECUADO_® brand website.

The owner of the SECUADO_® brand website (the “Site”), Noven Therapeutics, LLC (the “Company”, “we”, “us” or “our”), is hosting the Site on behalf of Hisamitsu Pharmaceutical Co., Inc.

Your access to and use of our Site is subject to the following terms and conditions (hereinafter referred to as the “Terms of Use”), and all applicable laws.

Acceptance of Terms of Use; Modification.
Please read the Terms of Use before viewing or using any portion of the Site. By accessing and using the Site, you acknowledge that you have read, understood, and accept all the Terms of Use; and you further agree to be bound by and to comply with the Terms of Use without limitation or qualification. If you do not agree with these Terms of Use, please exit and do not use the Site. The Terms of Use may be revised by the Company from time to time and you should therefore review them on your next visit to the Site. Your continued use of the Site following any such posting will be deemed as consent to the new notice, term or condition. The Company reserves the right, at any time, to modify the Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice.

Medical Information/Conditions.
The information provided on the Site is for general information and educational purposes only. The information is NOT intended to diagnose a health condition, or to replace the medical advice of a physician or other qualified healthcare professional regarding any treatment. YOU ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED ON THE SITE, AND TO REVIEW AND DISCUSS THE INFORMATION CAREFULLY WITH YOUR HEALTHCARE PROFESSIONAL.

Intended Audience.
The Site and its contents are intended to comply with the laws and regulations of the U.S.
Although the information on the Site is accessible to users outside of the U.S., the products and product information are intended only for residents of the U.S. and its territories, and who are over the age of 18.

Intellectual Property Rights.
All the content available on the Site, including without limitation, the text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively the “Content”) is the property of the Company or our affiliates. The Content is protected under applicable copyright and trademark laws. The trademarks and logos displayed on the Site are the registered and unregistered marks of the Company or our affiliates, our partners/collaborators or our licensors, in the U.S. and other countries. All trademarks not owned by us, our affiliates or our partners/collaborators that appear on the Site are the property of their respective owners. Except as expressly provided above, nothing contained in the Terms of Use shall be construed as conferring any license or right under any patent, trademark or copyright of the Company or our affiliates, partners/collaborators or licensors, or any third party.

Anonymous Data and “Cookies.”
We may collect and process anonymous information about your visit to this website, such as some of the pages you visit and some of the searches you perform. Such anonymous information is used by us to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In doing this, we may install “cookies.” Please refer to the Privacy Policy for further explanation of data collection and users’ rights and responsibilities with respect to their access to and use of the Site.

Information Provided By You.
The content of any communication including without limitation questions, suggestions, ideas, comments, feedback, and other information that you transmit or otherwise send to us by e-mail, through any feedback mechanism on the Site or by any other means, (collectively “Submission”), shall be treated as non-confidential and non-proprietary, and we shall not be required to respond or to acknowledge the Submission. Subject to the Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

Disclaimer of Warranties.
The Company will use reasonable efforts to include up-to-date and accurate information, but (a) makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information and (b) assumes no liability or responsibility for any errors or omissions in the Content.

(1) Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

(2) ALL USERS OF THE WEBSITE AGREE THAT ACCESS TO AND USE OF THE CONTENT ARE AT THEIR OWN RISK. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Neither the Company, nor any other party involved in the creation, production or delivery of this website or its Content, will be liable for any damages or injury caused by including without limitation, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the Content.

Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

Prohibited Uses.
You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site any materials that (a) restrict or limit the ability of any use of the Site by other users, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent, (c) constitute or encourage conduct that would be a criminal offense, give rise to civil liability, or otherwise violate the law, (d) violate, plagiarize, or infringe the rights of any third parties, or (e) contain a virus or other harmful or potentially harmful component.

Indemnification.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms of Use.

Links.
Links maintained by third parties appearing on our Site are for convenience only and not as an endorsement, sponsorship or recommendation by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any other website is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products or services of such websites, including their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of other websites that you visit.

Severability.
Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid or unenforceable portions of the Terms of Use had been eliminated.

General.
Nothing contained in the Terms of Use shall be construed as creating any agency, partnership or other form of joint enterprise with us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Applicable Laws
The Terms of Use shall be governed by and construed in accordance with the laws of the United States and the state of Florida, without regard to its conflict of laws principles, as if the Terms of Use were a contract wholly entered into and wholly performed within Florida. Any dispute or controversy that may arise regarding the Site, your rights and obligations and all actions contemplated by the Terms of Use shall be submitted to the exclusive jurisdiction and venue of the state and federal courts of the state of Florida.