LEGAL NOTICE

 

The provisions of this legal notice ("Legal Notice") apply to the entire contents of this website under the domain name www.bostonpharmaceuticals.com (the "Website"). Please read the following terms carefully before using this Website. By using this Website you acknowledge and agree to the terms and conditions stated herein. If you do not accept these terms and conditions, do not use this Website.

Introduction

This Legal Notice is issued by Boston Pharmaceuticals Inc. ("Boston Pharmaceuticals"). By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, then you are not authorized to use this Website or its contents and you must leave this Website immediately and not use any information contained in it for any purpose. If you breach any of these terms of use, your authorization to use this Website automatically terminates.

Boston Pharmaceuticals reserves the right to revise or change any content posted to this Website, including, without limitation, these terms and conditions, at any time and for any reason, without notice or obligation, by updating this Website. Your continued use of this Website following the posting of revisions or changes to content, including, without limitation, these terms and conditions, means that you accept all such revisions and changes. Any use of this Website or any content in a manner inconsistent with these terms and conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. It is your obligation to visit this page each time you access this Website to review these terms and conditions and, in particular, to check for any revisions or changes. Boston Pharmaceuticals is entitled, at any time and without obligation to give any reasons, to deny you the right to access this Website, including, without limitation, for violations of any of these terms and conditions.

License

Unless otherwise stated, the copyright, trademark and other intellectual property rights under U.S. and international law in all material on this Website (including, without limitation, photographs and graphical images) are owned by Boston Pharmaceuticals, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. No portion of this Website, including but not limited to the text or images may be copied or distributed in any manner, or for any purpose, without Boston Pharmaceuticals' prior express written permission, except as expressly provided herein. You acknowledge and agree that any name, logo, trademark, or service mark (or any variation or combination thereof) contained on this Website may not be used by you without Boston Pharmaceuticals' prior written approval.

You may link to the home page of this Website as long as the link does not cast Boston Pharmaceuticals or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with Boston Pharmaceuticals or any of its affiliates. This permission may be withheld by Boston Pharmaceuticals at any time.

All rights not expressly granted in this Legal Notice are reserved.

Service Access

Neither Boston Pharmaceuticals nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.

Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in Boston Pharmaceuticals or any of its affiliates' absolute discretion.

Visitor Material and Conduct

You are prohibited from posting or transmitting to or from this Website any material:

That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

  • For which you have not obtained all necessary licenses and/or approvals; or

  • Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world; or

  • Which is technically harmful (including, without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  • You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).

Boston Pharmaceuticals shall fully co-operate with any law enforcement authorities or court order requesting or directing Boston Pharmaceuticals to disclose the identity or locate anyone posting any material in breach of the paragraphs above.

Links to Other Websites

Any links to third party websites (including, without limitation, websites of any of Boston Pharmaceuticals' affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. By using this Website, you acknowledge and agree that Boston Pharmaceuticals has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content (including, without limitation, accuracy or completeness) or availability. Boston Pharmaceuticals therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. You agree that you understand that linked sites may, among other things, contain incomplete or inaccurate information, may be less secure or may not protect your privacy. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

Submissions and Privacy Policy

Boston Pharmaceuticals and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, "submissions").

In the event that any submissions are submitted or offered to us, using the site or otherwise, such submission (i) will not be treated as confidential and (ii) will become and remain Boston Pharmaceuticals' sole property, unless otherwise agreed in writing and duly signed by Boston Pharmaceuticals or any of its affiliates.

Boston Pharmaceuticals and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither Boston Pharmaceuticals nor any of its affiliates will owe you or any person compensation for any submissions. Whether Boston Pharmaceuticals or its affiliates will use any submissions is entirely at their sole discretion.

Disclaimer

The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer to sell or solicitation of any offer to buy an interest in any investment made by or any investment fund managed by Boston Pharmaceuticals or any of its affiliates. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Neither Boston Pharmaceuticals nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.

Boston Pharmaceuticals is not responsible for incorrect or incomplete information, data or other content posed on this Website and does not warrant the accuracy or completeness of the material on this Website. Boston Pharmaceuticals makes no commitment to update the contents of this Website so as to be current. Boston Pharmaceuticals may make changes to the material on this Website at any time without notice The material on this Website may contain typographical or other errors or may be out of date. Boston Pharmaceuticals makes no commitment to update such material.

THE MATERIAL ON THIS WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, REPRESENTATIONS OR WARRANTIES OR OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSTON PHARMACEUTICALS PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT BOSTON PHARMACEUTICALS AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BOSTON PHARMACEUTICALS ALSO DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES FOR THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS WEBSITE AND THE CONTENT.

Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK AND THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY CONTENT IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS AND INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR THROUGH THE ACCESS TO USE OF, INABILITY TO USE, RESULTS, OR BROWSING OF THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION; OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS; OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS), ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY CONTENT ON THIS OR ANY OTHER SITE, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BOSTON PHARMACEUTICALS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, BOSTON PHARMACEUTICALS IS DEEMED LIABLE IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT, THEN YOU AGREE THAT BOSTON PHARMACEUTICALS'S TOTAL LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS.

Indemnity

You agree to indemnify, defend and hold Boston Pharmaceuticals, its affiliates and their respective officers, agents and employees, as well as Boston Pharmaceuticals' licensors and other third parties with which Boston Pharmaceuticals contracts, harmless from and against any and all claims, demands, actions, cost and/or expenses (including legal and other professional fees) incurred by or against such persons or entities arising out of or resulting from (i) your use of this Website or any content, (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights.

Governing Law and Jurisdiction

By visiting this Website, you agree that the laws of The Commonwealth of Massachusetts, without regard to principles of conflicts of laws, will govern this Website, the terms and conditions stated herein and any dispute of any sort that may arise between you and Boston Pharmaceuticals related to this Website or any content. You hereby consent to the exclusive jurisdiction of federal and state courts in Boston, Massachusetts for the purpose of resolving any dispute relating to your visit to this Website. Boston Pharmaceuticals may seek injunctive or other appropriate relief in any state or federal court in The Commonwealth of Massachusetts and you consent to exclusive jurisdiction and venue in such courts.

Notice

You agree to notify Boston Pharmaceuticals promptly in writing at 55 Cambridge Parkway, Suite 401, Cambridge, Massachusetts 02142 of any violation of the terms and conditions stated herein of which you become aware or any infringement or misappropriation of any intellectual property or content of Boston Pharmaceuticals.

Miscellaneous

Neither this Website nor any content is an offer for securities or any form of solicitation. Access to and use of this Website and any content is subject to all applicable international, federal, state and local laws and regulations. Neither this Website nor any content is intended for use by any person or entity in any country or jurisdiction where such use would be contrary to local law or regulation, and no such person or entity is authorized to access or use this Website or any content contained herein. If any of the terms and conditions stated herein are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Any court of competent jurisdiction or arbitrator agreed to by the parties shall have the authority to reform any such invalid, void or unenforceable term or condition to the minimum extent necessary so that such term or condition is valid and enforceable.