This website has been developed as a service of AVANIR Pharmaceuticals (“Avanir”). By accessing and using the web site located at www.PBAinfo.org (the “Web Site”) you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that Avanir may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site. If you do not agree to these Terms, do not use the Web Site. Like any other service, in spite of our best efforts the information in this Web Site may become out of date over time. Nothing on this Web Site should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action.
License and Access to the Web Site
Avanir grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site for informational purposes. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avanir or our affiliates without our prior express written consent.
Avanir accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this Web Site. We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site. Any rights not expressly granted by these Terms are reserved by us.
Restrictions on Your Use
All content within the Web Site and any materials made available on these pages for downloading are the property of Avanir and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Avanir, or third parties. Avanir hereby authorizes you to copy materials published by Avanir on this Web Site for non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and any disclaimer contained thereon and on this Web Site. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of Avanir or the express written consent of the appropriate third party, as applicable. Except as provided herein, Avanir does not grant to you any express or implied rights to Avanir or any third party’s Intellectual Property.
Privacy Policy
Your personal information and certain other information about you are subject to our Privacy Statement. The Avanir Privacy Policy is incorporated into the terms of this Agreement by this reference.
Links
This US-based Web Site may provide or include links to other World Wide Web Sites or resources. While Avanir attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Avanir's standards, please understand that the content on these third-party websites is subject to change without notice to Avanir. Because we have no control over such sites and resources, you acknowledge and agree that Avanir is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AVANIR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Avanir prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Web Site, you must contact Avanir to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
AVANIR MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS. AVANIR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AVANIR DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
AVANIR 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, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL AVANIR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.
This Agreement was last modified and is effective as of June 30, 2008.
