Please read and review these Terms. By accessing the Website, you acknowledge that you have read, understood and agreed to these Terms.
For purposes of these Terms, “you” and “your” means you as the visitor of the Website. If you access the Website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
You must be 13 years of age or older. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to access the Website if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to access of the Website.
Restrictions on Your Access of the Website
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website;
- use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website;
- access or use the Website in any manner that could disable, overburden, damage, disrupt or impair the Website or interfere with any other party’s access to the Website or use any device, software or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Website, or the computer systems or networks connected to the Website;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- use the Website for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your access to the Website; or
- access the Website in any way not expressly permitted by these Terms.
The Website, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Frontier Medicines and/or its licensors own all right, title and interest in and to the Website (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.
We welcome feedback, comments and suggestions for improvements to the Website (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Website or in any such Feedback. All Feedback becomes the sole and exclusive property of Frontier Medicines, and Frontier Medicines may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Frontier Medicines any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
All product and service names, the Frontier Medicines company name and any affiliates’ names and all related logos, designs and slogans, whether or not appearing in large print or with the trademark symbol, are trademarks of Frontier Medicines, its affiliates, related companies, its licensors or joint venture partners, unless otherwise noted.
Links to Third Party Websites
The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”), or be linked to other websites that are not Frontier Medicines’ websites. By accessing the Website, you acknowledge and agree that Frontier Medicines is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Frontier Medicines is providing these links to you only as a convenience, and Frontier Medicines is not responsible for such Third Party Materials or the content or links displayed on such third party websites.
Disclaimer of Warranties
Frontier Medicines will use reasonable efforts to include accurate and up-to-date information on this Website, but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to the Website is at your own risk. The Website may include inaccuracies or typographical errors. Frontier Medicines controls and operates this Website from its headquarters in the United States of America and the Website may not be appropriate or available for use in other locations.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, FRONTIER MEDICINES MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE WEBSITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS. FRONTIER MEDICINES DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL FRONTIER MEDICINES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF FRONTIER MEDICINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Updating the Terms
Frontier Medicines may modify these Terms from time to time in which case we will update the date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to place a prominent notice on the Website. However, it is your sole responsibility to view these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access of the Website after the modifications have become effective will be deemed your acceptance of the modified terms.
You agree that a breach of these Terms will cause irreparable injury to Frontier Medicines for which monetary damages would not be an adequate remedy and Frontier Medicines shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Frontier Medicines may terminate your license to and access to the Website without notice, for any reason or no reason. The disclaimer of warranties, limitation of liability and general provisions shall survive any termination of these Terms. Termination will not limit any of Frontier Medicines’ other rights or remedies at law or in equity. These Terms are governed by the laws of the State of California, without regard to the choice or conflicts of law provisions. Any disputes relating to these Terms or the Website will be heard in the state and federal courts located in San Francisco, California. If any provision of these Terms is found to be unlawful, void or unenforceable, then such provision shall be deemed severable from these Terms and will not affect the enforceability of all remaining provisions. Frontier Medicines’ failure to enforce any of these Terms is not a waiver of such term. These Terms and the licenses granted hereunder may be assigned by Frontier Medicines but may not be assigned by you without the prior express written consent of Frontier Medicines. The section headings used herein are for reference only and shall not be read to have any legal effect. Frontier Medicines reserves the right to alter or delete materials from the Website at any time at its discretion.
You may contact us regarding the Website or these Terms through the “Contact” page on the Website, or via the following address:
Frontier Medicines Corporation
151 Oyster Point Blvd., 2nd Floor
South San Francisco, CA 94080