2. User Eligibility; Consent
These websites are provided by Upsher-Smith solely for use within the United States. Upsher-Smith makes no representations or warranty that the websites are usable and accurate outside of the United States. The websites are not intended for use by children under the age of 13. Upsher-Smith will not knowingly collect information about children under the age of 13 and will otherwise comply with the Children’s Online Privacy Act. Any user of the websites should monitor the use of the website by children under their care and ensure that those children are aware of the dangers of providing information about themselves over the Internet.
3. License and Site Access
Upsher-Smith hereby grants you permission to access and make personal, non-commercial use of the websites. You may view, copy, print and distribute limited quantities of material from the website, so long as the material is used by you solely for informational, non-commercial purposes. Your permission to access and use the websites will be deemed automatically to have been terminated, effective immediately, should you breach these Terms and Conditions of Use. Any rights not expressly granted to you by these Terms and Conditions of Use are expressly reserved by Upsher-Smith.
4. Intellectual Property
All intellectual property associated with either of these websites, including, without limitation, its content, trademarks, service marks, trade dress and other proprietary intellectual property appearing on the website or referenced therein, are the sole property of Upsher-Smith. Any rights associated with any such item of intellectual property are retained by its owner and protected by applicable law. These Terms and Conditions of Use expressly prohibit any use of any intellectual property associated with the websites except as expressly specified in these Terms and Conditions of Use or elsewhere on each website.
5. Product and Service Information
6. No Warranty
The websites (including any content or information contained within it), any other Upsher-Smith website, and any linked website, is provided “as is” and on an “as available” basis. AS TO THE SITE, AND TO ANY OTHER SUCH UPSHER-SMITH WEBSITE AND LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, UPSHER-SMITH EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FIRMNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You assume total responsibility for your use of the website and any linked website. Any material downloaded or otherwise obtained through your use of the website is so obtained at your own discretion and risk. Upsher-Smith will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.
7. Limitation of Liability
IN NO EVENT SHALL UPSHER-SMITH, ITS RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO THE Tosymra.com or Tosymra.com/hcp WEBSITES, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE AUTHORIZED DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
Upsher-Smith has no liability for the deletion of any communications or information collected, maintained, or transmitted by the websites or the failure to store any information, including personalized settings. Upsher-Smith has no liability with respect to any information posted by users on chat rooms, bulletin boards or any other user forum.
Upsher-Smith is not responsible for the contents of any sites linked to the Tosymra.com or Tosymra.com/hcp websites. The inclusion of any link does not imply endorsement by Upsher-Smith of the site. Use of any such linked website is at your own risk.
Upsher-Smith may revise these Terms and Conditions of Use for the Tosymra.com or Tosymra.com/hcp websites at any time without notice. By using the websites you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. Governing Law
Any claim relating to Upsher-Smith’s website shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.
Upsher-Smith is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.