Effective Date: March 18, 2020
Please read the following terms and conditions of use (the “Terms of Use”) carefully before using websites that link to these Terms of Use and any subdomains (this “Website”). Your use of this Website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use this Website, and you should exit this Website now.
THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A MANDATORY INDIVIDUAL ARBITRATION PROVISION, AND A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
General
This Website is provided by RedHill Biopharma Inc. (“RedHill”, “us”, or “we”) for the convenience of visitors to our Website to provide general information about RedHill Biopharma Inc., our products and our product candidates. Nothing on this Website should be construed as granting any license or transfer of intellectual property. Your use of this site is at your own risk. Notwithstanding any other provision herein, RedHill reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law. Further, RedHill may suspend, discontinue or modify the Website or suspend or terminate your access to the Website at any time for any reason, without notice or any other obligation to you.
Dated Information
While RedHill may periodically update or correct information presented on this Website, the information presented on this Website may include typographical errors and/or technical inaccuracies and/or omissions. RedHill makes no representation or warranty as to the accuracy of any information at this Website and expressly disclaims any obligation to update such information. RedHill also reserves the right to make additions, deletions or modifications to any information on the Website at any time and from time to time without any prior notice.
Copyright and Trademarks
This Website, and the information, text, graphics, photographs, computer code and other materials which it contains (collectively, the “Content”), is the property of RedHill and its affiliates and licensors and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. All copyrights to the Website and Content are owned by Redhill or its licensors to the full-extent permitted under copyright laws.
No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you, subject to your compliance with these Terms of Use, to view, copy, download and print RedHill Biopharma Inc. documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on the Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents. Except for the foregoing, unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website or the Content.
All product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs displayed on this Website are the property of their respective owners, whether or not they appear with the trademark symbol. By way of example only, Aemcolo, Talicia, RedHill Biopharma Inc. and the RedHill Biopharma Inc. logo are registered trademarks of RedHill Biopharma Inc. Any other trademarks referenced herein are the properties of their respective owners. Nothing on this Website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, logo, or other intellectual property, except as otherwise described in this notice; and your use or misuse of these materials is expressly prohibited.
Your Use of the Website
You represent, warrant and covenant that you shall use the Website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on the Website. You are prohibited from any conduct that restricts or inhibits any person from using or enjoying the Website and Content and from any other activity or conduct that is unlawful or that could foreseeably result in harm to us, the Website, or other persons. Without limitation:
- You may not violate the security of the Website or attempt to gain unauthorized access to the Website or computer systems, or networks connected to the Website through any means.
- You may not access, monitor or copy any Content using any robot, spider, scraper, web crawler or other automated means or any similar manual process.
- You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or Content.
Violation of these terms may result in civil or criminal liability. In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify RedHill and destroy all copies of such information in your possession.
Submission of Information
You are solely responsible for any information you send to RedHill, including without limitation accuracy, truthfulness and non-infringement or other violation of any other person’s legal rights. Any communication or material that you transmit to our Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. RedHill may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, RedHill is free, without payment or compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us, whether through our Website, phone, e-mail or otherwise, for any purpose.
Privacy
You acknowledge and agree that we may collect any information that you submit and other personal information related to your use of the Website. We make available a privacy policy that provides notice of our privacy practices at www.redhillbio.com. The sender of any information to RedHill is solely responsible for its content, including, without limitation, its accuracy, truthfulness and non-infringement of any other person’s legal rights.
Disclaimers and Limitations of Liability
Any medical information contained on this Website is general in nature and for informational purposes only. We do not offer medical diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. You should not use the information contained herein for diagnosing a health problem or disease; RedHill makes no representations or warranties as to its accuracy; and we disclaim any liability for your reliance on the Website or the Content. Always seek the advice of your physician or other qualified healthcare provider regarding your specific diagnosis, symptoms, or treatment. Never disregard medical advice or delay or refrain from seeking it because of something you have read or seen on the Website. Your use of this Website and any linked websites is at your own risk.
WITHOUT LIMITING THE FOREGOING, EVERYTHING AT THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, REDHILL DOES NOT REPRESENT OR WARRANT THAT: (A) THE MATERIALS, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR CONTENT WILL BE ACCURATE, RELIABLE, AVAILABLE, COMPLETE, CURRENT, SUITABLE, OR TIMELY; (B) DEFECTS WILL BE CORRECTED; OR (C) THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REDHILL AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO REDHILL THROUGH THE WEBSITE (OR THE CONTACT INFORMATION ON THE WEBSITE) WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusion may not apply to you.
In no event will RedHill, its affiliates, or any other party involved in creating, producing or delivering this Website be liable for any damages (whether direct, indirect, incidental, consequential, special, punitive or otherwise) arising out of, or in any way connected with, your access to, use of, or in ability to use the Website or any linked website or for the Content, in each case regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Redhill was given actual or constructive notice that damages were possible. IN ANY EVENT, REDHILL’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID TO USE FOR USE OF THE WEBSITE OR $1.00.
Because some jurisdictions do not permit certain limitations or disclaimers of liability, some of the above limitations may not apply to you.
Links to Other Websites
This Website contains links to websites maintained by other companies. RedHill is providing these links to you only as a convenience. RedHill has not reviewed all of the websites that may be linked from this Website and is not responsible for the context of such other websites linked from the Website. The inclusion of any such link to another website does not imply that RedHill endorses any third-party website or third-party company or product. RedHill does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites. Use of any such linked website is at your own risk and is subject to the terms of use of that website.
Links to This Website
Links to any document published by RedHill on this Website should be made to the home page only, without deleting any frames, or our URL address.
Applicable Law
By accessing this Website, you and RedHill agree that the laws of the state of North Carolina, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this Website or the Content. You and RedHill also agree and hereby submit to the exclusive personal jurisdiction and venue of any court located in Raleigh, North Carolina with respect to disputes that are expressly not covered by the below Dispute Resolution provision or disputes over the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms of Use.
Redhill makes no representation that the Content is appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
Dispute Resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND REDHILL OR ITS AFFILIATES ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT REDHILL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY, AND THAT CLASS ARBITRATIONS, CLASS ACTIONS, AND/OR OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU ARE AGREEING TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION. The individual arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) (available from the AAA at www.adr.org), as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Redhill will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator will be bound by these Terms of Use, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, Redhill may use the applicable AAA Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local government agencies, or from seeking public injunctive relief in court where that right cannot be waived under applicable state law.
Changes to This Notice
RedHill may revise these terms at any time without prior notice, which shall be effected by posting of the updated Terms of Use to this Website; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via click-through, signed agreement or otherwise. You should visit this page each time you access this Website to review the then-current conditions applicable to your use of this Website.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RedHill as a result of these Terms of Use or your access to and use of the Website. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. These Terms of Use are the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by an updated Terms of Use posted by RedHill, as described above. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. A failure by RedHill to enforce any provisions of these Terms of Use or to respond to a violation by any party does not waive its right to subsequently enforce any terms or conditions of the Terms of Use or respond to any violations.
Additional Information
If you have any questions about these Terms of Use, please contact us at:
RedHill Biopharma Inc. (U.S. Office)
8045 Arco Corporate Drive, Suite 200
Raleigh, NC 27617
Tel: +1-984-444-7010
Fax: +1-919-406-0400
info@redhillbio.com