- Acceptance. Please read this Terms and Conditions of Use carefully before using this Web site. By using this Web site, you confirm your agreement with all the Terms and Conditions of Use and agree that you are responsible for compliance with any laws applicable to such use. Axcan Pharma Inc. and its affiliates (collectively referred to herein as "the Company") reserve the right to modify the Terms and Conditions of Use of this Web site at any time without notice and without updating the content of this Web site. By continuing to use this Web site after such updates are posted, you convey your acceptance of such changes.
- Web Site Users. You should not construe anything in this site as a promotion or solicitation for any product that is not authorized by the laws and regulations of the country where you reside.
- Content. THE CONTENT OF THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS"/"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. THE COMPANY MAKES NO WARRANTY AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, LIKELY RESULTS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE OR ANY SITES LINKED TO THIS WEB SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THIS WEB SITE BEFORE RELYING ON IT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Company does not warrant that the functions contained in this Web site will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server that makes it available are free of computer viruses.
- Disclaimer of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEB SITE AND/OR THE INFORMATION CONTAINED IN THIS WEB SITE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
- Copyright Notice. The content of this Web site is protected by applicable copyright, trademark and other intellectual property laws. All material published in this Web site (including but not limited to images, illustrations, information, documents and related graphics) is the sole property of the Company and may not be reproduced, modified, uploaded, downloaded, posted, transmitted, republished or distributed without the Company?s written permission. Modification of the content or use of the content for any other purpose is a violation of the copyrights and other proprietary rights of the Company.
- Trademarks. FLUTTER®, MODULON®, PHOTOFRIN®, SALOFALK®, SCANDISHAKE®, ULTRASE®, URSO DS® and VIOKASE® are registered trademarks or trademarks owned by or used under license by Axcan Pharma Inc. in Canada. ADEKS®, AQUADEKS™, BENTYL®, CANASA®, CARAFATE®, FLUTTER®, PHOTOFRIN®, PYLERA®, SCANDICAL®, SCANDISHAKE®, ULTRASE®, URSO FORTE® Scored, URSO 250®, VIOKASE®, ASSIST ProgramSM, CareFirst for CFSM Program, CF Direct Connect ProgramSM, Comprehensive Care Program for CFSM and Rx Cost Reduction ProgramSM are registered trademarks, trademarks or service marks owned by or used under license by Axcan Pharma US, Inc. in the United States. DELURSAN®, LACTEOL®, LACTEOL FORT®, TAGAMET®, TRANSULOSE®, and VIATOL® are registered trademarks owned by or used under license by Axcan Pharma SAS in France. All other trademarks belong to their respective owners. No use of any Company trademarks, service marks, trade names, trade dress or images of products in this Web site may be made without the prior written authorization of the Company, except to identify the product or services of the Company.
- ULTRASE® and ULTRASE® MT. ULTRASE® and ULTRASE® MT are manufactured by Eurand International, Milan, Italy using its DIFFUCAPS® or EURAND MINITABS® technology for Axcan Pharma US, Inc.
- Product/Medical Information. This Web site is not designed to provide a diagnosis or medical advice and should not be relied on or interpreted as doing so. Any information in this Web site relating to various health and medical conditions is provided for information purposes only. It is not meant to be a substitute for the advice provided by a physician or other healthcare professional. You should always consult a physician or healthcare provider for your personal medical needs.
- Axcan Pharma US, Inc. Online Store. Axcan Pharma US, Inc. strives to offer the most accurate and up to date purchasing information available. However, Axcan Pharma US, Inc. cannot be held liable for errors in its Web site. Policies, item availability and prices are subject to change without notice. The price in effect when your order is received will be the price you are charged. Axcan Pharma US, Inc. reserves the right to limit quantities of any product ordered. The Axcan Pharma US, Inc. Online Store is only for U.S. residents (including Alaska and Hawaii), and Puerto Rico residents. No other international orders will be accepted.
- Use and Share of Information. This site may provide links to other Web sites maintained by third parties. The Company is not responsible for the content or accuracy of such other sites and shall not be responsible for any damages or injury arising from users? access to such sites. Links to other sites are provided only as a convenience to users of this Web site. The inclusion of any link does not imply endorsement by the Company of such Web site.
- No Confidential Relationship Established. No confidential relationship shall be established in the event that any user of this Web site should make any oral, written or electronic response to the Company (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and the Company shall be free to reproduce, publish or otherwise use such information, without any obligation, in any media and for any purposes whatsoever on an unrestricted basis including, without limitation, the research, development, manufacture, use, sale or promotion of products incorporating such information. The sender of any information to the Company waives any moral rights that he/she may have therein in favor of the Company. The sender of any information to the Company is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary rights.
- Forward Looking Statements. To the extent any statements made in this Web site contain information that is not historical, these statements are essentially forward looking and are often identified by words such as "anticipate," "expect," "estimate," "should," "project," "plan," and "believe." Forward Looking Statements are subject to risks and uncertainties, including, without limitation, the difficulty of predicting approvals from the relevant regulatory authorities (such as the FDA, Health Canada, l'agence française de sécurité sanitaire des produits de santé, etc.), acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks detailed from time to time in the company's filings with the Securities and Exchange Commission and under the Canadian Multijurisdictional Disclosure System. Until decided otherwise, the Company?s practice is to update forward-looking statements in light of subsequent developments.
- Jurisdiction. Any action you, any third party or the Company bring to enforce this agreement or, in connection with, any matters related to this Web site shall be brought only in the courts of the Province of Quebec, and you expressly consent to the jurisdiction of said courts, without regard to conflict of law principles. 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 matters contained herein and shall not be modified except in writing, signed by the provider.
June 1, 2005
©2005 Axcan Pharma Inc.
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