1. Acceptance. Your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements regarding the use of this Site between you and Novartis Consumer Health, Inc. are superseded and of no force or effect.
2. Medical Information/Conditions. Product information on this web site is provided by Novartis Consumer Health, Inc. and is intended for general information purposes only. Many Pharmaceutical and medical device products listed are available upon prescription from a medical doctor or qualified medical professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Medical professionals may obtain complete medical information from the product's information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of Novartis Consumer Health, Inc. to provide information and/or to respond directly to patient questions regarding its prescription products. Novartis Consumer Health, Inc., however, will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations1.
3. Use of Information. You may freely browse the Site, but you may only access, download or use information from this Site, including any text, images, audio, and video (the "Information") for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes, without written permission of Novartis Consumer Health, Inc. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Novartis Consumer Health, Inc. Novartis Consumer Health, Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Novartis Consumer Health, Inc. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Novartis Consumer Health, Inc. or of any other party is granted or conferred to you.
4. Trademarks/Proprietary Rights. You should assume that all product names appearing on this Site, whether or not appearing in large print or with the trademark symbol are trademarks of Novartis. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Novartis Consumer Health, Inc. and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Novartis Consumer Health, Inc. and/or other parties is granted to or conferred upon you.
5. Disclaimer of Warranties. While Novartis Consumer Health, Inc. uses reasonable efforts to ensure that the Information is accurate and up to date, the Information may contain technical inaccuracies or typographical errors. Novartis Consumer Health, Inc. reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice. Novartis Consumer Health, Inc. makes no warranties or representations as to the accuracy of any of the Information. Novartis Consumer Health, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site. ALL INFORMATION IS PROVIDED "AS IS." NOVARTIS PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER Novartis Consumer Health, Inc., NOR ANY OTHER NOVARTIS GROUP COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Novartis Consumer Health, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Information. Novartis Consumer Health, Inc. reserves the right to discontinue this Site at any time without notice and without liability.
7. Worldwide Products. This Site may contain information on worldwide products and services, not all of which are available in every location. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The products referred to on this Site may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of this Site are intended only for certain kinds of expert users or only for audiences in certain countries. You should not construe anything on this Site as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence.
8. Disclaimer. Nothing on this Site constitutes an invitation or offer to invest or deal in the securities or American Depositary Receipts of Novartis. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and the past performance of the price of securities must not be relied on as a guide to their future performance.
9. Links To This Site. Novartis Consumer Health, Inc. has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of Novartis Consumer Health, Inc. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is likewise prohibited.
11. Postings To This Site. Although Novartis Consumer Health, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Novartis Consumer Health, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Novartis Consumer Health, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Novartis Consumer Health, Inc. to disclose the identity of anyone posting any such information or materials.
12. Consequences. If we become aware that you have violated any of the terms and conditions contained in this Legal Statement, we may immediately take corrective action, including preventing the user from using the services offered by Novartis Consumer Health, Inc. and removing any information, data and content put on the Site by the user, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.
13. Revisions. Novartis Consumer Health, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
1 Animal Health websites should use the following instead of paragraph 2: Product information on this website is provided by [the Novartis Group entity controlling this Site] and is intended for general purposes only. Many veterinary products listed are available upon prescription only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. Should your animal have a medical condition, promptly see your own veterinarian. We do not offer personalized medical diagnosis or animal-specific treatment Advice. You should always obtain complete medical information about your veterinary product prescription (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any veterinary product directly with the prescribing veterinary. Veterinary professionals may obtain complete medical information from the product's information leaflet. Information on these products may vary by country. Animal owners and veterinarians should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of [the Novartis Group entity controlling this Site] to provide information and/or to respond directly to patient questions regarding its prescription products. [the Novartis Group entity controlling this Site], however, will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.
Disclaimer for Endo Pharmaceuticals
This site is produced by Endo. Endo gives you permission to copy documents published by Endo on the World Wide Web for noncommercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein. Unauthorized reproduction of Endo's websites and the material and/or information elements that comprise them is strictly prohibited.
All images and text are owned by or licensed to Endo and may not be downloaded, distributed, stored, reused, reposted, modified, or otherwise used except as provided herein without the express written permission of Endo.
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including the Endo logo, are trademarks and/or service marks owned by or licensed to Endo, its subsidiaries or its affiliates. Use of these marks, except as permitted herein, is expressly prohibited.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Endo or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Endo copyright or other proprietary right.
Scope of Information
The site contains information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Although accessible by others, the U.S. product information on Endo and Endo websites is intended for use by US residents only. You should not construe anything on the site as a promotion or solicitation for any product or for the use of any product outside the United States.
Endo offers the information on this website for general educational and informational purposes only. This information should not be considered as a replacement for consultation with Endo representatives. Endo's US Customer Support Center can be reached by calling the following number (in the US): 1-800-462-ENDO (3636). While Endo has endeavored to make sure that the information contained in this website is accurate, Endo cannot guarantee the accuracy of such information, and it is provided AS IS without warranty or guarantee of any kind, either express or implied, including, but not limited to, implied warranty of merchantability, fitness for a particular purpose and/or noninfringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The information contained in this site is not meant to substitute for medical care or treatment. Nothing takes the place of speaking with your doctor or other medical care professional. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING ANY DRUG PRODUCT DISCUSSED WITHIN THIS WEBSITE.
Information sent to Endo
Should any viewer of an Endo-published document respond with information (including feedback, data, graphics, questions, comments, suggestions, or the like) regarding the content of such Endo document, that information shall be deemed to be nonconfidential and Endo shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Endo shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. Endo actively enforces its intellectual property rights to the fullest extent of the law.
Links to Other Websites
As a useful resource to our visitors, Endo provides links to other websites. We try to carefully choose websites that we believe are useful and of high quality. However, because websites can change very quickly, we cannot guarantee, and do not monitor, the content of any website to which we provide a link or reference. In addition, Endo shall assume no liability for the content of non- Endo sites. Further, Endo shall not bear any liability for alleged or actual damages or injury arising from a user's access to such sites. Links to other sites are provided only as a convenience to users of our site.
Concerning Your Privacy
Endo is committed to respecting the privacy of its website visitors. We recognize the need to balance legitimate business interests in collecting and using information received from and about you with your reasonable expectations of privacy. Below is a description of how we use information learned about you from your visit to our website.
Endo's website may deposit certain bits of information called "cookies" in a visitor's computer. Cookies can tell us how and when pages in a website are visited and by how many people. This technology does not collect an individual visitor's identifying information. Rather, this information is in an aggregate form. The purpose of this technology and the information it provides is to help us to improve our websites.
Personally Identifiable Information
Endo collects personally identifiable information, such as names, addresses, email addresses and the like, only when voluntarily provided by a website visitor. We will notify you as to the uses we intend to make of that information in any given instance. Personally identifiable information will not be sold, rented or exchanged with any other organization or entity unless the user is first notified and expressly agrees to it.
Where visitors choose to provide the site with a name, email address or other information in order to receive email notices of new postings or other materials that may be offered, Endo keeps all such response lists confidential.
We do not collect personally identifiable information about children.
We have made forward-looking statements on this website within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, as amended, that are based on management's beliefs and assumptions, current expectations, estimates and projections. Statements that are not historical facts, including statements which are preceded by, followed by, or that include, the words "believes", "anticipates", "plans", "expects" or similar expressions and statements are forward-looking statements. Endo's estimated or anticipated future results, product performance or other non-historical facts are forward-looking and reflect Endo's current perspective on existing trends and information. Many of the factors that will determine the Company's future results are beyond the ability of the Company to control or predict. These statements are subject to risks and uncertainties and, therefore, actual results may differ materially from those expressed or implied by these forward-looking statements. The reader should not rely on any forward-looking statement. The Company undertakes no obligation to update any forward-looking statements whether as a result of new information, future events or otherwise.
Several important factors, in addition to the specific factors discussed in connection with these forward-looking statements individually, could affect the future results of Endo and could cause those results to differ materially from those expressed in the forward-looking statements made on this website. Important factors that may affect future results include, but are not limited to: market acceptance of the Company's products and the impact of competitive products and pricing; dependence on sole source suppliers; the success of the Company's product development activities and the timeliness with which regulatory authorizations and product launches may be achieved; successful compliance with extensive, costly, complex and evolving governmental regulations and restrictions; the availability on commercially reasonable terms of raw materials and other third party manufactured products; exposure to product liability and other lawsuits and contingencies; dependence on third party suppliers, distributors and collaboration partners; the ability to timely and cost effectively integrate acquisitions; uncertainty associated with pre-clinical studies and clinical trials and regulatory approval; uncertainty of market acceptance of new products; the difficulty of predicting FDA approvals; risks with respect to technology and product development; the effect of competing products and prices; uncertainties regarding intellectual property protection; uncertainties as to the outcome of litigation; changes in operating results; impact of competitive products and pricing; product development; changes in laws and regulations; customer demand; possible future litigation; availability of future financing and reimbursement policies of government and private health insurers and others; and other risks and uncertainties detailed in Endo's filings with the Securities and Exchange Commission, including its Registration Statement on Form S-3 filed with the SEC on April 30, 2004, as amended. Readers should evaluate any statement in light of these important factors.
We do not undertake any obligation to update our forward-looking statements after the date of our website launch for any reason, even if new information becomes available or other events occur in the future.