PANACEA LABORATORIES, INC.
TERMS AND CONDITIONS OF USE AGREEMENT
We welcome you to the Panacea Pharmaceuticals, Inc. website ("Site"). Please read the following Terms and Conditions of Use Agreement, which contains rules, information and guidance that are important to your access to and use of the Site and its contents. By accessing and using the Site, you expressly accept the terms and conditions below, and agree to be legally bound by this Agreement. If you do not wish to be bound by this Agreement, exit this website immediately.
This Agreement is between you and Panacea Pharmaceuticals, Inc. (collectively referred to as "Panacea" or "We" or "Our" or "Us").
General Overview
The contents of the Site are for INFORMATIONAL PURPOSES ONLY, and the Site is made available to individuals seeking information about Panacea and its products or services. You may also use the Site to contact Panacea with inquiries about the information presented herein. Nothing on the Site is intended to be, or should be construed as, medical advice, diagnosis, evaluation, or recommendation for medical treatment. If you have questions or concerns related to a medical condition, diagnosis or treatment, you are urged to contact your physician or other qualified healthcare provider.
Permission to Use
The Site and its compilation and contents, included all text, graphics, logos, icons, and images, are owned by Panacea or its licensors, and are protected by federal, state and/or local copyright and trademark laws. Panacea grants you a limited, non-transferable license to use the Site and its contents for personal, non-commercial use only. Under this license, you may copy, download, and print Panacea documents (text, logos, and other images and graphics directly concerning Panacea's services) that are available on the Site, on the conditions that the documents (i) are not modified, (ii) contain all identifiable copyright and/or trademark/service mark notices, and (iii) are used only for non-commercial, personal purposes. You agree you will not use any electronic or other means to collect, extract or compile data or content from the Site, for the purpose of its publication, distribution or transmission of such to third parties in any form or medium. Any uses of the Site and its contents not expressly permitted by the terms herein shall constitute a breach of this Agreement, and may additionally violate copyright, trademark or other laws. Nothing contained herein confers by implication, estoppel or otherwise any license or other rights to the intellectual property of third parties.
Trademarks
The symbols "®" or "" or "SM" signify trademarks of Panacea, unless otherwise indicated. Except to appropriately identify Panacea products or services, you will not use any Panacea trademarks, trade names or trade dress without the prior written authorization of Panacea. All other product names on the Site are trademarks or registered trademarks of their respective owners. You are advised that Panacea will actively enforce its intellectual property rights to the fullest extent of the law.
Accuracy of Site
The contents of the Site may contain inaccuracies or typographical errors. Panacea makes no warranties, representations or assurances (express or implied) about the accuracy, reliability, completeness, or timeliness of the contents or about the results to be obtained from using the Site or its contents. Although we make efforts in good faith to update the Site periodically, we are not required to update the contents and we will not be liable for any failure to update the contents.
Warranty Disclaimer
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PANACEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PANACEA DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PANACEA, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE (EVEN IF PANACEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PANACEA'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITE. Due to applicable law in certain jurisdictions, which does not permit the limitation of liability for consequential or incidental damages, the limitations expressed above will nonetheless apply to the fullest extent permitted in such jurisdictions.
Links
Panacea may place hypertext links on the Site that connect to other websites as a convenience to you. Your linking to any websites from the Site is at your own risk, and you understand that Panacea does not endorse the site operator, nor endorse, recommend or approve of any organization, institution, company, product, procedure, test, opinion, service or information referenced by or available on such linked, third party site. Panacea makes no representation or warranty regarding the content of any linked site. In no event shall any link or reference to any non-Panacea site, product or service imply that Panacea accepts any responsibility for the content or use of such site.
You may not link to this Site in a manner that could lead others to conclude that an association exists between Panacea and any other website. Panacea reserves the right to terminate any such links without notice. You may not frame the Site or otherwise display the Site without the express written approval of Panacea. You may not place any text or other content on any other website that explicitly or implicitly suggests an association between such website and Panacea.
Geographic Limitations
Panacea developed and maintains the Site for the purpose of providing information about our company to residents of the United States only. Panacea makes no representation that the Site and its contents are compliant with the laws, or appropriate for use by residents, of any other jurisdiction.
Nothing on the Site should be considered a solicitation or promotion for a product or a service that is not authorized by the laws of the country where you reside. Although the Site is available worldwide, not all services described on the Site are available to all persons in all geographic locations or jurisdictions. The offer of any product or service through this Site is VOID where the offer of such product or service is prohibited.
Panacea makes no claims that the Site contents are appropriate or may be downloaded outside of the United States. Access to the Site and its contents may not be legal by certain persons or in certain countries. If you access the Site from outside of the US, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
US export control laws regulate the export and re-import of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Site content or information from or through the Site to either a foreign national or a foreign destination in violation of such laws.
Security
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you may not: (a) access data or materials not intended for you; (b) log into a server or account for which you are not authorized to access; or (c) attempt to probe, scan or test the vulnerability of the Site. Violations of system or network security may result in civil or criminal liability. Panacea reserves the right to investigate any suspected violations of this section, and may involve and cooperate with law enforcement authorities in prosecuting anyone who has participated in such violations.
Use of Transmitted Information
The Site may be used to contact Panacea about information contained on the Site. Unless otherwise provided in the Site's Privacy Policy, all communications with Panacea are not confidential, and Panacea has no obligation to protect the confidentiality and/or limit its use of any communication, material, information or data you electronically transmit to the Site, such as any questions, comments, ideas, or suggestions. Any such transmissions or communications, not otherwise specifically provided for in the Site's Privacy Policy, become the property of Panacea and Panacea shall be free to use, reproduce, disclose or transmit the information without any restriction whatsoever. Furthermore, Panacea shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, without limitation, and without compensation or attribution to you.
Indemnity
You agree to defend, indemnify, and hold harmless Panacea, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and its contents (including software) or your breach of any of the terms or obligations of this Agreement.
Governing Law
The Site is controlled, operated and administered by Panacea from its offices in Maryland, US. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its provisions on conflicts of law. Any action related to this Agreement shall be brought only in the state courts of and federal courts in the State of Maryland, and all parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed eliminated or limited to the extent required by law and shall not affect the validity and enforceability of the remaining provisions.
Right to Modify the Agreement
Panacea reserves the right to modify this Agreement or to impose new or additional terms of use at any time. Modifications to the Agreement shall be effective immediately and incorporated into this Agreement. Your continued use of the Site following such modifications shall be deemed to conclusively indicate your acceptance of any and all such modifications.
Entire Agreement
This Agreement constitutes the entire agreement between you and Panacea with respect to the use of the Site and any content provided on or accessible through this site.
© 2006 Panacea Pharmaceuticals, Inc. All rights reserved.
This Agreement was last updated on November 21, 2006.