Effective date: August 15, 2012
The information provided on the Zogenix Website is for general company and product information and educational purposes only. As such, the Zogenix Website and its contents should not be relied upon as an exclusive source of information and is not intended to be a substitute for professional medical advice, diagnosis or treatment. In particular, you should not rely on the content contained herein for diagnosing a health problem or disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding our products or any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on the Zogenix Website.
B. Proprietary Rights.
We have invested a significant amount of time, effort, and resources in the creation of the Zogenix Website, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that Zogenix and/or its licensors retain all right, title, and interest in the Zogenix Website (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to the Zogenix Website, whether by Zogenix or users and whether in print, machine-readable, visual or audible form (altogether, “Zogenix Content”). You may access, download, display, print and retain Zogenix Content from the Zogenix Website solely for your own educational use. The Zogenix Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Zogenix, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use of any Zogenix Content, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and unfair competition laws. No license or right is intended to be conveyed to you under any trademark of Zogenix or any third party, whether by implication, estoppel or otherwise. Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. If you wish to obtain permission to reprint or reproduce any materials appearing on the Zogenix Website other than as permitted above, you may contact us at firstname.lastname@example.org. All rights not expressly granted herein are reserved.
C. Separate or Additional Terms.
Notwithstanding anything contained in the foregoing paragraph, certain Zogenix Content on the Zogenix Website may be subject to separate or additional terms or conditions of use as stated either on the Zogenix Website or in such Zogenix Content. You agree to comply with such terms and conditions with respect to your use of such Zogenix Content.
D. Forward-Looking Statements.
The Zogenix Website may contain forward-looking statements that are subject to risks and uncertainties that may cause actual results to differ from those foreseen. The inclusion of forward-looking statements should not be regarded as a representation by Zogenix that any of its plans will be achieved. Actual results may vary materially from those set forth within the Zogenix Website due to the risks and uncertainties inherent in Zogenix’s business including, without limitation, statements about: the progress and timing of our clinical trials; difficulties or delays in development, testing, obtaining regulatory approval, producing and marketing our products; unexpected adverse side effects or inadequate therapeutic efficacy of our products that could delay or prevent product development or commercialization, or that could result in recalls or product liability claims; the scope and validity of patent protection for our products; and our ability to obtain additional financing to support our operations. All forward-looking statements are qualified in their entirety by this cautionary statement and Zogenix undertakes no obligation to revise or update the Zogenix Website site to reflect events or circumstances.
E. Personally Identifiable Information.
Zogenix will treat any suggestions, questions, comments, data, materials or the like other than personally identifiable information (collectively, the “Feedback”) sent to Zogenix as non-confidential and non-proprietary information. You represent and warrant that you have the right to provide such Feedback and that it will not infringe any third party rights. Zogenix shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Zogenix shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that, although Zogenix shall have no obligation to do so, Zogenix shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party’s consent, including but not limited to developing, manufacturing and marketing products and services.
H. No Warranty.
You acknowledge that the services and Zogenix Content located on the Zogenix Website are provided “AS IS”, “AS-AVAILABLE” and “WITH ALL FAULTS.” Zogenix, its directors, officers, employees, subsidiaries and affiliates make no warranty as to the Zogenix Website and the entire risk with respect thereto is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ZOGENIX, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOGENIX DOES NOT WARRANT THAT THE ZOGENIX WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ZOGENIX WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS AND FIREWALLS. INFORMATION CONTAINED ON THE ZOGENIX WEBSITE MAY BE INCOMPLETE, OUTDATED, INACCURATE OR CONTAIN TYPOGRAPHICAL ERRORS. ZOGENIX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIAL ON THE ZOGENIX WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY.
I. Exclusion of Damages; Limitation on Liability.
YOUR USE OF THE ZOGENIX WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ZOGENIX OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGES TO YOU OR YOUR HARDWARE OR SOFTWARE, EVEN IF ZOGENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ZOGENIX WEBSITE OR YOUR RELIANCE ON THE ZOGENIX CONTENT, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER FAULT OF ZOGENIX, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE ZOGENIX WEBSITE OR ANY ZOGENIX CONTENT (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
J. General Provisions.
Void Where Prohibited. The Zogenix Website and the Zogenix Content are intended to comply with the laws and regulations in the United States. Although the Zogenix Content on the Zogenix Website is accessible to users outside of the United States, the Zogenix Content is intended for use only by residents of the United States. Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. The Zogenix Website may include links to other sites, some of which may be outside the United States. Those websites may have information that is appropriate only to that particular originating country.
Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
In connection with the foregoing agreement to arbitration, you and Zogenix acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial, or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and Zogenix both agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide, or representative basis and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the arbitration clause set forth in this user agreement is deemed inapplicable or invalid, or the extent the arbitration clause allows for litigation of disputes in court, you and Zogenix both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.
If you have any questions about the foregoing, please contact Zogenix at the following e-mail address: email@example.com or send a letter to: Zogenix, Inc., 5959 Horton Street, Emeryville, CA 94608.