Legal Disclaimer and Terms of Use

LEO PHARMA INC.
Legal Disclaimer and
Terms of Use
Last Updated: December 29, 2022

 

YOUR USE OF THE WEBSITES AND SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

LEO Pharma Inc. (“LEO,” “we,” “us,” or “our”) welcomes you to our websites. The information provided on this site is for general information and educational purposes only.

 

Scope

This Legal Disclaimer and Terms of Use (“Terms of Use”) and our Privacy Notice apply to all LEO Websites (the “Websites”), Content and Services, unless otherwise stated in the Terms of Use posted on individual LEO Websites and/or in connection with individual Services or Content.

 

Acceptance of Terms of Use

By browsing the Websites, utilizing any of the services provided via the Websites (the “Services”), and/or utilizing the Content (as defined below), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Notice, which are hereby incorporated by reference (the “Agreement”). If you do not accept these Terms of Use, then you are not granted permission to browse/access or otherwise use the Websites, the Content, or the Services. Registration and/or opt-in may be required for the use of certain portions of the Websites, the Content and/or the Services. In order to become a registered user, LEO may require your agreement to additional terms, which it may, in its sole discretion, modify from time to time. Your registration and/or opt-in shall not impose any duty on LEO to provide any particular goods or services to you. LEO reserves the right to terminate your registration for any valid reason without giving you advanced notice. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Notice. Information displayed or show on the Websites and/or the Content in connection with the Services are intended only for residents of the United States or a United States territory.

Information shown on the Websites, the content, and/or in connection with the Services are intended only for residents of the United States or a United States territory.

 

Amendment

LEO reserves the right to update these Terms of Use from time to time. If you visit the Websites or use the Services or Content after revised Terms of Use have been posted, you will be deemed to have agreed to such Terms of Use.

 

Content

Content available on the Websites (the “Content”) includes:

• LEO Content. The Websites contain materials, such as data, text, graphics, images, sound recordings, audiovisual works, and other materials provided by LEO, LEO licensors, and other third parties;
• Documents Available on the Websites. From time to time, LEO may make certain documents available on the Websites for your online review or download. Permission to use documents like brochures, press releases, news stories, and/or FAQs from the Websites or LEO servers (the "Documents") is granted provided that: (a) the copyright notice below appears in all copies; (b) use of such Documents is for informational, non-commercial, personal use only and will not be copied or posted on any network computer or broadcast in any media; and (c) no modifications of the Documents are made.
• Scope of Information. The Websites and/or the Services may contain general information relating to medical conditions and treatment. This information is provided for informational purposes only; it is not medical advice, and is not meant to be a substitute for the advice provided by a qualified health care professional. The information on the Websites should not be used to diagnose a health problem or disease and users of the Websites should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
• Third Party Websites and Links. The Websites, the Content, and/or the Services may contain links or references to other websites maintained by third parties over whom LEO has no control. The Websites, the Content, and/or the Services may also be accessed from third party links over whom LEO has no control. LEO makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites. LEO shall not be liable for any damages or injuries of any kind arising from such content or information or reliance thereon. Inclusion of any third party link on the Websites, the Content, and/or the Services does not imply an endorsement or recommendation by LEO. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked third party websites, you do so at your own risk.
• Links From Other Sites. Any other party that links to the Websites, the Content, and/or the Services: (a) shall not create a browser or border environment around the Websites, the Content, and/or the Services; (b) may link to, but not replicate, the Websites, the Content, or the Services; (c) shall not imply that the Websites or LEO are/is endorsing or sponsoring it or its products; (d) shall not present false information about LEO, its products, or its Services; (e) shall not use Trademarks set forth on the Websites without prior written permission from LEO; and (f) shall not contain content that could be construed as distasteful, offensive, or controversial.

 

The Websites, the Content and the Services may be owned by us, our parent company, our affiliates, or by third parties, and are protected under both United States and foreign laws. Elements of the Websites, the Content, and the Services, including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Websites, the Content, or the Services may not be copied or retransmitted unless expressly permitted by LEO. Unauthorized use of the Websites, the Content and/or the Services, may violate copyright, trademark, and other laws. You hereby agree: (i) you have no rights in or to the Websites, the Content, or the Services, and you will not use the Websites, the Content, or the Services except as permitted under this Agreement; (ii) to retain all copyright and other proprietary notices on the Websites, Content, or Services that you download or otherwise copy (iii) not to sell, transfer, assign, license, sublicense, or modify the Websites, Content, or Services, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use or exploit the Websites, Content, or Services in any way for any public or commercial purpose. Any publication, use or posting of the Websites, Content, or Services, including on any other website, in a networked computer environment, or in any other forum for any purpose, without our prior written consent, is expressly prohibited.

 

Personal Information

Your registration and/or use of the Websites, the Content and/or the Services may involve the transmission and storage of your personally-identifiable information (“Personal Information”) to us via the Websites and/or the Services. Our policies with respect to the collection and use of Personal Information according to our Privacy Notice, which is hereby incorporated by reference in its entirety.

 

User-Submitted Information

Unless otherwise agreed upon under a separate written agreement, any communication, information or other material that you send to LEO by electronic mail or otherwise, or post on the Websites, such as data, text, graphics, images, photographs, sound recordings, audiovisual works, and any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and LEO shall have no obligation of any kind with respect to such information. LEO shall be free to use any ideas, concepts, know-how or techniques contained therein for any purpose whatsoever. This section does not apply to Personal Information, our use of which is governed by our Privacy Notice.

 

Intellectual Property Rights

Trademarks.
The trademarks, service marks, and logos of LEO, its parent, and its affiliates (“Trademarks”) used and displayed on the Websites and in the Content, are registered or unregistered trademarks or service marks of LEO, our contractors, or other third parties. Nothing on the Websites or the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by LEO in writing. All goodwill generated from the use of Trademarks inures to LEO’s benefit. Elements of the Websites and the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws, and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without LEO’s express, written consent for each and every instance.
Digital Millennium Copyright Act.
LEO will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

LEO Pharma Inc.
Attention: Legal - DMCA
7 Giralda Farms, 2nd Floor
Madison, NJ 07940
Email: uslegaldmca@leo-pharma.com

If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide LEO with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

Representations and Warranties

You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Websites any materials which: (i) restrict or inhibit any other user from using and enjoying the Websites, the Content, and/or the Services; (ii) are unlawful, threatening, abusive, libelous, defamatory, misleading, obscene, pornographic, profane, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (iv) violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) contain a software virus or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Websites, the Content, and/or the Services or servers or networks connected thereto or the activities of other users of the Websites, the Content, and/or the Services or of any computer software or hardware or telecommunications equipment; (vi) contain any advertising of any kind; and/or (vii) constitute or contain false or misleading indications of origin or statements of fact. You also represent, warrant, and covenant that you will not (i) modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Websites, the Content, and/or the Services, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Websites, the Content, and/or the Services or the data generated from it; (ii) use, reproduce, publish or compile any portion of the Websites, the Content, and/or the Services for the purpose of selling or licensing any portion of the Websites, the Content, and/or the Services or making any portion of the Websites, the Content, and/or the Services publicly available; (iii) impersonate any person or entity, including but not limited to an authorized user, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Websites or Services; or (iv) use any portion of the Websites, the Content, and/or the Services to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, provincial, national or international law, rule, regulation or ordinance, including without limitation, state, provincial and local real estate practice, spam, or privacy laws.

 

Indemnity

You agree to defend, indemnify and hold the LEO Parties (as defined below) harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Websites, the Services and/or the Content; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your own expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting in our defense. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms of Use and your use of the Websites, the Content, and/or the Services.

 

Warranty Disclaimer

LEO, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “LEO PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITES, THE SERVICES, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE WEBSITES, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE WEBSITES, THE SERVICES AND THE CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES, THE CONTENT, OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE LEO PARTIES SHALL BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITES, THE SERVICES OR THE CONTENT. NONE OF THE LEO PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES, THE CONTENT, OR THE SERVICES, OR ANY HYPERLINKED WEBSITES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF THE LEO PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE USER SUBMISSIONS.

 

Limit of Liability

IN NO EVENT SHALL THE LEO PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES, THE SERVICES OR THE CONTENT, OR THE USER SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE LEO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, THE SERVICES, OR THE CONTENT IS TO STOP USING THE WEBSITES, THE CONTENT, AND/OR THE SERVICES.

 

Security

Actual or attempted unauthorized use of the Websites, the Services or the Content may result in criminal prosecution and/or civil action. While LEO has no obligation to do so, unless otherwise agreed upon in a written agreement, LEO explicitly reserves the right to view, monitor, and record activity on the Websites and/or the Services, and/or relating to the Content, without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Websites and/or in connection with the Services and/or the Content. LEO will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. LEO specifically reserves the right, but does not have any obligation, to monitor the Websites, including the Content and User-Submitted Information, and the Services. Furthermore, unless otherwise agreed upon in a written agreement, LEO reserves the right to remove or modify any Content, User-Submitted Information, or any other element of the Websites or the Services, or to terminate access and/or use of the Websites, the Services, the Content, and/or User-Submitted Information, in its sole and absolute discretion, for any reason or no reason, without any notification or explanation to you.

 

Compliance with Applicable Laws

The Websites, the Content, and the Services are intended to comply with the laws and regulations of the United States, and though accessible to users outside of the United States, is intended for use only by individuals in the United States. Other countries may have laws, regulatory requirements and medical practices that may differ from those in the United States. The Websites, the Content, and/or the Services may link to other websites produced by our parent company and affiliates, which are outside the United States and may have information that is appropriate only to that particular originating country. LEO reserves the right to limit provision of its Services to any person, geographic region or jurisdiction and/or to limit the quantities of any Services LEO provides. Any offer for any Service made on the Websites, and/or in connection with the Content and/or the Services, is void where prohibited. Our Website is not intended for minors under the age of 16 and LEO does not knowingly collect Personal Information from minors. Please do not send us your Personal Information if you are a minor under the age of 16. If you want to contact LEO, you may only do so through your parent or legal guardian.

The Websites and Services are controlled by LEO Pharma and from its offices within the United States. LEO makes no representation that any portion of the Websites, the Content, the Services, or other material accessed through the Websites is appropriate, enforceable, compliant with local law, or available for use, in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Websites, the Content, and/or the Services from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Websites, the Content, and/or the Services except in full compliance with all applicable laws and regulations, and this Terms of Use. In particular, no portion of the Websites, the Content, and/or the Services may be exported or re-exported in violation of the sanctions, export control laws and regulations of any applicable country, or exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order.

 

Miscellaneous

The Terms of Use are governed by the internal substantive laws of the United States of America and the State of New Jersey, without respect to conflict of laws provisions. You acknowledge that your access to the Websites, the Services and/or the Content constitutes a volitional action with the State of New Jersey, and you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES, THE CONTENT, AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT LEO MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER NEW JERSEY LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision(s) of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not in any way be affected or be impaired. The failure of LEO to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The following provisions shall survive termination or expiration of these Terms of Use: “Intellectual Property,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous.” These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LEO without restriction. Any assignment or transfer by you shall be null and void. These Terms of Use shall inure to the benefit of and be binding upon each party's successors and our permitted assigns. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Websites, the Services, and/or the Content. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Websites, the Content, and/or the Services that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by LEO and its licensors and other third parties to the Websites. Unless otherwise memorialized in a written agreement, these Terms of Use together with the Privacy Notice, contain the entire agreement of the parties concerning the Websites, the Services, and the Content, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.