Terms and Conditions of Use
Terms and Conditions of Use
Thank you for visiting the Chelsea Therapeutics Web Site (the “Site”). The Site is offered as an information and personal education service by Chelsea Therapeutics. We at Chelsea Therapeutics want each visitor to the Site (“you”) to have a useful and informative visit, and we have established the following Terms of Service and Conditions of Use (“Agreement”) so that we (each) know what to expect from each other. In using the Site, you agree to be bound by the terms set forth herein.
We may make changes to the Site, these Terms and Conditions or our Privacy Policy which govern the use of the Site at any time. We encourage you to review the Site, this Agreement and the Privacy Policy periodically for updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with the Site in any way, your sole and exclusive remedy is to discontinue using the Site.
1. No Medical Advice. If you are a patient or healthcare consumer, you should not use information found on the Site to replace a relationship with your physician or other healthcare professional. All information, without limitation, on the Site is intended solely as a general educational aid and is not intended to be used for medical diagnosis or treatment. Information provided or discussed on the Site or in e-mail communications with Chelsea Therapeutics, including any transmission or response to a message from you, does not constitute medical, health care or other professional advice and use of the Site does not create a doctor-patient or confidential relationship. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication.
The information contained in the “Healthcare Professionals” section of the Site is intended for the use of healthcare professionals. Healthcare professionals should exercise their own clinical judgment when using information presented on the Site.
2. Disclaimer/Exclusion of Warranty. While Chelsea Therapeutics attempts to keep the information presented on the Site current, medical information and knowledge change quickly, and the Site should not be considered error-free or as a comprehensive source of all information on a particular topic. You understand that nothing on the Site constitutes a recommendation for medical care, nor do we make a warranty or representation of any kind as to the accuracy of the content of the Site or the appropriateness of it for individual online users. We assume no liability for any diagnosis, treatment decision or action taken based on information found on the Site or any other web sites linked to it, and assume no responsibility for any consequences relating directly or indirectly for any action or inaction you take based upon the information and material on the Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions and the Site. You assume the entire risk of loss in using the Site and materials contained in the Site.
Although we make every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, including but not limited to, unintended inaccuracies or typographical errors in the materials. Without limiting the foregoing, the content of the Site is provided without warranty of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You also understand that we cannot and do not guarantee or warrant that files available for downloading will be free of viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.
3. Permitted Use. Except for public domain materials, the Site is protected by intellectual property laws, including U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the Site is the proprietary information of Chelsea Therapeutics and its content providers, and that Chelsea Therapeutics and its content providers retain all right, title, and interest in the content. You have a nonexclusive, nontransferable, limited, revocable right to use the Site solely for your personal educational and informational use. You will not use the Site for any other purpose, including any commercial purpose, without our express prior written consent.
You are granted a limited license to print copies of any content posted at the Site, but only for your personal use, and provided that any copy of these documents that you make retains all copyright and other proprietary notices and any disclaimer contained thereon. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta tags on any other Web site is also strictly prohibited. You may not display the Site or portions thereof by framing or in any other manner without our express written permission. You may, however, establish ordinary non-commercial links to our Site without our written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.
4. Operating Policies. You agree to comply with the operating policies set forth, which are the rules that govern user activity in connection with the Site as they are amended from time to time. These operating policies govern your conduct on the Site. Your failure to observe any of the foregoing limitations or obligations may under certain circumstances, result in civil or criminal liability. You understand, acknowledge, and agree to the following:
a. By using the Site, you agree not to
i. disrupt or intercept the information posted on the Site;
ii. circumvent any security features of the Site;
iii. intercept or attempt to intercept email or other private communications not intended for you;
iv. upload files that contain a virus or corrupted data; and
v. use the Site in a manner that adversely affects the availability of its resources to other Site users.
b. By using the Site, you agree to abide by all applicable, local, state, federal and international laws, rules and regulations;
c. Except as expressly stated and agreed upon in advance by Chelsea Therapeutics, no confidential relationship shall be established in the event that any user of the Site should make any oral, written or electronic communication to Chelsea Therapeutics (such as feedback, questions, comments, suggestions, ideas, etc.). If at any time Chelsea Therapeutics or the Site requires or requests that information be provided, and the requested information includes personal identifying information (e.g., name, address, phone number), Chelsea Therapeutics shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Chelsea Therapeutics shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
5. Privacy and Security. We consider our users’ privacy to be of utmost importance. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for the Site. By accessing and using the Site, you agree to be bound by that Policy.
You acknowledge that, there is no absolute guarantee of security. IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, CHELSEA THERAPEUTICS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF CHELSEA THERAPEUTICS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHELSEA THERAPEUTICS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Operation. We reserve complete and sole discretion with respect to the operation of the Site. Among other things, the Site may delete or edit material which are not consistent with our Terms of Service and Conditions of Use or Privacy Policy. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the Site at any time.
7. Product Labeling and International Users. Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located, including the United States. If the Site is used outside North America or if you download contents from outside North America, it is your own responsibility to ensure that you act in compliance with local laws, regulations and/or legislation.
8. Links. We may provide links from our Site as a convenience to our users. We have not reviewed all of the sites linked to the Site, we have no control over link sites, and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. We disclaim all liability with regard to your access to such links.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHELSEA THERAPEUTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THE SITE (INCLUDING INFRINGEMENT OF THIRD PARTIES, INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE.
10. WAIVER, RELEASE AND LIMITATION OF LIABILITY. THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU AGREE THAT CHELSEA THERAPEUTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CHELSEA THERAPEUTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY CLAIMS AND/OR CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. CHELSEA THERAPEUTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY CHELSEA THERAPEUTICS, EVEN IF CHELSEA THERAPEUTICS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
11. Third Party’s Rights. The provisions in the Indemnification (¶ 9) and Waiver, Release and Limitation of Liability (¶ 10) paragraphs are for the benefit of Chelsea Therapeutics, and its officers, directors, employees, agents, licensors or suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. Termination. The Permitted Use, Indemnification, Waiver, Release and Limitation of Liability, Third Party’s Rights and Miscellaneous paragraphs of this Agreement all survive termination of this Agreement. This Agreement shall commence upon your access of the Site.
13. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina without regard to its conflicts of laws principles. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and shall be brought in Charlotte, NC. Judgment on the arbitration award may be entered by any court of competent jurisdiction. Our failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.
14. Complete Agreement. Except as expressly provided herein, these terms and conditions constitute the entire agreement between you and Chelsea Therapeutics with respect to the use of the Site and content. Your use of the Site is also subject to our Privacy Policy. The provisions of this agreement are severable and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of the remaining provisions hereof.
15. Notice. We may deliver notice to you under this agreement by means of electronic mail, general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record in our account information. You may give notice to us at any time via electronic mail to customerservice@fdi.com, or by letter delivered by first-class postage-paid U.S. or overnight courier to the following address:
Chelsea Therapeutics, Inc.
3530 Toringdon Way, Suite 200
Charlotte, NC 28277
Attention: Customer Service
Thank you for your cooperation. We hope you find the Chelsea Therapeutics Site informative and convenient to use.
