Your access to acellapharma.com is subject to the following Terms and Conditions. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), your sole and exclusive remedy is to discontinue using this site.
Your Obligations
- You agree not to attempt to circumvent any security features of our Web site.
- You acknowledge and agree to Acella’s Privacy Policy posted on this site with respect to any information Acella obtains as a result of your visit to this Web site.
- Acella, subject to its Privacy Policy, shall be free to use such information for the research, development, and manufacture of products. The sender of any information to Acella is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.
Product Labeling — Use of Products
Unless otherwise noted, product names, descriptions, and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different product name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professional. No director, employee, agent, or representative of Acella, its subsidiaries, and affiliates is engaged in rendering medical advice, diagnosis, treatment, or other medical services, that in any way create a physician-patient or pharmacist-patient relationship through this Web site. Acella only manufactures and/or distributes products, and you should contact your healthcare professional concerning the use of any of our products. Your healthcare professional will understand your medical history, current condition and possible therapies, and can best decide whether our products can be appropriately incorporated within your therapy.
Intellectual Property — Copyright
The information, documents, and related graphics published in this Web site (the “Information”) are the sole property of Acella, except for information provided by third-party providers under contract to Acella, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the copyright notice of Acella appears on all copies; (2) use of the Information is for informational and non-commercial, or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Web site are used separate from accompanying text. Acella is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Acella.
No use of any Acella trademark, trade names, trade dress and logos in this Web site may be made without the prior written authorization of Acella, except to identify the product or services of the company.
Product Disclaimers
- Although we strive to provide on this Web site accurate information, the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Web site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Acella reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
- The Federal Drug Administration (the “FDA”) has not required that Acella’s products be approved or tested or rated for therapeutic or biological equivalence with any other products. Acella’s products are not the subject of FDA approval. Even when products are labeled or described as containing the same active ingredients, they may be subject to different potency specifications and may contain different inactive ingredients. Any reference in a description of a product or on the label of a product to “brand comparison” or other comparative or “generic” language means that based on the active ingredients in such product, it competes with the specified brand names and NDC numbers. However, all prescription substitutions and/or recommendations for use of such Acella product must be made in accordance with applicable federal and state law.
- ACELLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE OR ITS PRODUCTS. ACELLA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ACELLA DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT ANY OF ITS PRODUCTS IS THE PHARMACEUTICAL OR BIOLOGICAL EQUIVALENT OF ANY OTHER PRODUCT. IN NO EVENT SHALL ACELLA 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 OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER ACELLA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.Some states do not allow certain limitations on implied warranties, and so the above limitation may not apply to you.
- Acella is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, Acella will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by Acella.
- This Web site may contain statements concerning Acella’s research and anticipated future products. Such research and product development involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Acella intends to update this site on a regular basis but assumes no obligation to update any of the content.
Limitation of Liability
Acella disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
IN NO EVENT SHALL ACELLA, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ACELLA PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ACELLA AND WHETHER OR NOT ACELLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some states do not allow the limitation of liability, so this provision may not apply to you.
General
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. The terms “we”, “us”, “our”, “Acella”, and similar terms mean and include Acella Pharmaceuticals, LLC and its affiliates and subsidiaries. Acella has its headquarters in Georgia and maintains this Web site from Georgia. The laws of the State of Georgia will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. Any claim or cause of action relating to this Web site or the content herein may be brought only in the state and federal courts located in Fulton County, Georgia and you agree to submit to the personal jurisdiction of such courts and waive any objection in the nature of forum inconveniens to such courts. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.
Effective Date
These Terms and Conditions are effectives as of November 1, 2010.
