Acton Pharmaceuticals » Legal Disclaimer

LEGAL STATEMENT

Welcome to www.actonpharmaceuticals.com (the "Site"). The Site is owned and operated by Acton Pharmaceuticals, Inc. ("Acton", "we" or "us") and is made available to you under the following terms and conditions (the "Terms of Use"). Your use of the Site constitutes your acceptance without modification of these Terms of Use.

THE HEALTH INFORMATION CONTAINED IN THE SITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE DISCUSSIONS WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ACTON DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

Use of Site

Subject to these Terms of use, Acton hereby grants you a nonexclusive, nontransferable right to (i) access the Site, (ii) access the information, materials, reports, text and other materials made available through the Site (the "Content") and (iii) download, print and use one copy of the Content for personal noncommercial use by you or your organization only; provided that any copy of the Content that you make shall retain all copyright and other proprietary notices contained therein. Any other reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display, without Acton's written permission is forbidden. Upon request, you will provide Acton with evidence of compliance with this Section. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of the Terms of Use and a violation of law.

Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Acton or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Acton copyright.

You will protect the Content from unauthorized copying or use. Modifications of, additions to or deletions from the Content are strictly prohibited. Except as specifically permitted in this Agreement, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content, (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates these Terms of use or any applicable law, (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law) or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).

The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws. Title to all Content remains with Acton or, if applicable, the third party owners of such Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by Acton.

Please do not send us your unsolicited ideas or any original materials. If, despite this request, you still send us your ideas and materials, please understand that they will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. By submitting this information through this Site, you grant to Acton and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such information or materials you submit in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise without compensation to you in any way. By submitting such information and materials, you represent to Acton that you have the right to do so.

Information that you submit through the Site when you send us an email, through the "Contact Us" area of the Site or otherwise will be treated in accordance with our Privacy Policy. We will not disclose any personally identifiable information about you unless authorized or unless we are required to do so by law or in the good faith belief that such action is necessary to ( i) conform with applicable laws or comply with legal process, (ii) protect and defend Acton's rights or property or (iii) enforce these Terms of Use.

Claims

Each claim or statement about the safety or effectiveness of our products and each claim or statement comparing the safety or effectiveness of our products to the safety or effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Trademarks

Acton and Acton's logo and other product and service names of Acton are trademarks of Acton Pharmaceuticals, Inc. (the "Acton Marks").

Third-Party Links

These Terms apply only to the Site. The Site may contain links to other web sites and resources on the Internet that are owned and operated by third parties. Acton has no control over these linked third-party sites, all of which have separate privacy and data collection practices independent of Acton.

Acton makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of web sites accessible by hyperlink from the Site. Acton is not responsible for the contents of any linked web site or any link contained in a linked web site or any review, change or update to such web sites. Acton is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Acton of the web site or any information contained therein. These linked Web sites are only for your convenience.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCT OR OTHER MATERIAL ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.

It is possible that other web sites and resources provide links to the Sites (whether with or without our authorization). We have no control over web sites and resources that provide links to the Site and you acknowledge and agree that we do not endorse such web sites and are not responsible for any link from those web sites or resources to the Site or for any content, advertising, products or other materials available on such other web sites. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) web sites or resources to which we provide links or that provide links to the Site or (ii) any content, goods or services available on or through any such web sites or resources.

We reserve the right, at any time and in our sole discretion, to block links to the Site through technological or other means, without prior notice.

Disclaimer of Warranties and Limitation of Liability

Your use of the Site is at your sole risk. The Site is provided "AS IS". ACTON DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ACTON MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS AND DOES NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ACTON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT SHALL ACTON BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS SITE.

Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some of the above exclusions may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless Acton and its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

Modification, Waivers, Integration

Acton may modify these Terms of Use from time to time. When Acton posts modifications to these Terms, Acton will revise the "Last Updated" date at the top of this page. Upon any material modification to these Terms, we will notify you by prominently posting notice of the changes on the Site. The modified Terms of Use will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes your agreement to abide and be bound by the modified Terms. If you object to any modification, your sole recourse is to stop using the Site.

Acton reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you and is not obligated to support or update the Site. Acton shall not be liable to you or any third party in the event that Acton exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged and then only to the extent therein set forth. These Terms of Use constitute the entire agreement between you and Acton with respect to the matters contemplated hereby.

Governing Law

These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the Commonwealth of Massachusetts. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

Miscellaneous

These Terms of Use shall confer no rights upon any third party. The invalidity or unenforceability of any one or more sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions. Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of this web site is

Acton Pharmaceuticals, Inc.
225 Cedar Hill Street,
Suite #115
Marlborough, MA 01752.

To file a complaint regarding this web site or to receive further information regarding use of this web site. send a letter to the above address. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Contacting Us

If you have any questions about Acton generally, these Terms of Use or the Site, please feel free to contact us at:

Acton Pharmaceuticals, Inc.
225 Cedar Hill Street, Suite #115
Marlborough, MA 01752
Tel: 508-624-8733
Email: info@actonpharmaceuticals.com
http://www.actonpharmaceuticals.com