You are required to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Warner Chilcott. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
3. No Professional Advice
4. Third-Party Content and Links to Third-Party Services
This Site may contain third-party owned content and links to other Services ("Linked Services"). Warner Chilcott does not endorse, sponsor, recommend, or otherwise accept responsibility for any third-party content on the Warner Chilcott website. In addition, Linked Services are not under the control of Warner Chilcott, and Warner Chilcott is not responsible for the content or privacy practices of the Linked Services, including, without limitation, links contained on Linked Services or any changes or updates to Linked Services. Warner Chilcott is providing third-party content and Linked Services to you only as a convenience, and the inclusion of such third-party content and Linked Services is not an endorsement by Warner Chilcott in favor of any company offering Internet services or other products or services.
Warner Chilcott may, in its sole discretion, review content posted to the Site by third parties. However, Warner Chilcott has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.
5. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Warner Chilcott or its third-party licensors to the full extent provided under applicable United States and international copyright law. Under applicable copyright law, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Warner Chilcott or any third party.
The Site and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any information, materials or design elements of the Site is strictly prohibited, without the prior written consent of Warner Chilcott. Requests for permission to reproduce any information contained on this Site should be addressed to Warner Chilcott, Attn: Webmaster, Information Technology, 100 Enterprise Dr., Rockaway, NJ 07866; e-mail: email@example.com.
Notwithstanding the above, Warner Chilcott authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends. Systematic retrieval of data or other content from this Site to create, directly or indirectly, a collection, compilation, database, or directory without written permission from Warner Chilcott is prohibited.
6. Trade and Site Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Warner Chilcott or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Warner Chilcott or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Warner Chilcott or any third party.
7. No Deep Linking or Framing
You may not make any part of this Site available as part of another service by hyperlink framing, "deep linking," or otherwise, without the prior written permission of Warner Chilcott.
8. Country-specific Product Information
Warner Chilcott provides information with respect to its global and local pharmaceutical business that might not be relevant to every visitor around the world. For example, trademarks used for certain products may differ from country to country. Furthermore, in some countries regulatory authorities may approve products for sale with different indications, dosages, and restrictions. If Warner Chilcott's products, programs, and services mentioned in this Site are not available in your country, any such reference does not imply that Warner Chilcott intends to announce these products, programs, or services in your country. Consult your local Warner Chilcott contact or your physician for further information as to the availability of our products in your country.
9. Forward-looking Statements
This Site contains forward-looking statements, including statements concerning our operations, economic performance and financial condition, business plans and growth strategy and product development efforts. The words "may," "might," "will," "should," "estimate," "project," "plan," "anticipate," "expect," "intend," "outlook," "believe" and other similar expressions are intended to identify forward-looking statements. Users of this Site are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates. These forward-looking statements are based on estimates and assumptions by our management that, although we believe to be reasonable, are inherently uncertain and subject to a number of risks and uncertainties, including the risks identified in our Annual Report on Form 10-K and otherwise from time-to-time in our public filings, financial statements and other investor communications. We undertake no obligation to publicly update or revise any forward-looking statement as a result of new information, future events or otherwise, except as may be required by law.
10. Prohibited Uses Generally
By using this Site, you agree not to:
use any false or inaccurate information for purposes of registering as a user of this Site, or for purposes of registering for any promotions offered through this Site;
delete or revise any material or other information of any other user or Warner Chilcott;
harvest or otherwise collect information about others, including e-mail addresses, without their consent;
take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site;
use any engine, software, tool, agent, or other mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than (i) the search engine and search agents available from Warner Chilcott on this Site and (ii) generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
You further agree not to violate or attempt to violate the security of this Site, including, without limitation, actions such as:
accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" this Site;
sending unsolicited e-mail, including promotions and/or advertisements of products or services; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. Warner Chilcott may investigate such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. Warner Chilcott also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request.
11. Modification of This Agreement
12. Updating Your Information
If you need to update any of your online and/or off-line contact information, please send an email to firstname.lastname@example.org or a letter to Warner Chilcott, Attn: Webmaster, Information Technology, 100 Enterprise Dr., Rockaway, NJ 07866.
13. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
14. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." WARNER CHILCOTT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THIS SITE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THIS SITE. WARNER CHILCOTT DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WARNER CHILCOTT DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE, (iv) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY WARNER CHILCOTT OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THIS SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WARNER CHILCOTT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THIS SITE WILL BE CORRECTED; OR THAT THE CONTENT ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
WARNER CHILCOTT MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON ANY LINKED SERVICE.
ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY WARNER CHILCOTT. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THIS SITE IS AT YOUR OWN RISK.
15. Limitation of Liability
IN NO EVENT WILL WARNER CHILCOTT OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
WARNER CHILCOTT RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF WARNER CHILCOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ADDITION, WARNER CHILCOTT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR ANY LINKED SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WARNER CHILCOTT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Warner Chilcott, you agree to defend, indemnify, and hold harmless Warner Chilcott and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your violation of this Agreement, or your violation of any rights of another.
17. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Warner Chilcott's Legal Department with the following information:
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material on this Site that is requested to be removed;
your name, address, and daytime telephone number, and an e-mail address if available, so that Warner Chilcott may contact you if necessary;
a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Warner Chilcott's Legal Department for notice of claims of copyright infringement on this Site can be reached as follows:
Warner Chilcott Legal Dept. 100 Enterprise Dr. Rockaway, NJ 07866 e-mail: email@example.com
Warner Chilcott will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
18. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You and Warner Chilcott expressly agree to submit to the exclusive jurisdiction and venue of the courts in New Jersey in all disputes arising out of or relating to the use of this Site.
19. No Waiver
The failure of Warner Chilcott to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Warner Chilcott reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Warner Chilcott as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Warner Chilcott's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Warner Chilcott with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Warner Chilcott and governs your use of this Site. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.