VIVUS may at any time revise or modify this Agreement or impose new conditions for use of this Web site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Web site or by email. Any use of the Web site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. VIVUS may modify its services at any time.
THIS WEB SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.
The content on this Web site is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. VIVUS is not engaged in rendering medical or similar professional services or advice via this Web site, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe VIVUS's publication of this content as an endorsement by VIVUS of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
Scope of Use
VIVUS invites you to view, use and download a single copy of this Web site for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this Web site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of VIVUS. You understand that VIVUS may discontinue, change, or restrict your use of this Web site for any reason without notice.
By using this Web site, you represent that you are at least eighteen (18) years old and a United States resident.
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. VIVUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK. VIVUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
YOUR USE OF THE WEB SITE OR ANY CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. VIVUS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF VIVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
Certain areas of this Web site enable you to submit emails, or otherwise provide feedback or information to VIVUS.
You agree that by submitting content:
- that, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
- you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
- you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and
- you grant to VIVUS the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, VIVUS shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
All VIVUS trademarks are the exclusive property of VIVUS. Unauthorized use of any VIVUS trademark, service mark or logo may be a violation of federal and state trademark laws.
This Web site is protected by United States' and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Web site, or individual sections of the design or layout of the Web site or VIVUS logos without VIVUS's written permission.
Information, News and Press Releases
The Web site contains information, news and/or press releases about VIVUS. While this information was believed to be accurate as of the date it was prepared, VIVUS disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than VIVUS contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by VIVUS.
This VIVUS Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of VIVUS, and VIVUS is not responsible for the content available on any other Internet sites linked to this Web site. Such links do not imply VIVUS's endorsement of material on any other site and VIVUS disclaims all liability with regard to your access to such linked Web sites. VIVUS provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web site is at your own risk.
Unless otherwise set forth in a written agreement between you and VIVUS, you must adhere to VIVUS's linking policy as follows: (i) any link to the Web site must be a text only link clearly marked "VIVUS WEB SITE," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with VIVUS's names and trademarks, (iii) the link must "point" to one of the specific URLs listed below:
and not to other pages within the Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with VIVUS, (v) when selected by a user, the link must display the Web site on full-screen and not within a "frame" on the linking Web site, and (vi) VIVUS reserves the right to revoke its consent to the link at any time and in its sole discretion.
This Web site may require you to register or obtain a password prior to permitting access to the Web site or certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.
Location, Governing Law and Arbitration
This Web site is operated by VIVUS from its offices in California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. VIVUS makes no representation that the information in the Web site is appropriate or available for use in other locations, and access to this Web site from territories where the content of this Web site may be illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to this User Agreement or VIVUS's products and/or services shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or VIVUS may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or VIVUS pending the completion of arbitration.
Violations and Additional Policies
Use of Information
VIVUS reserves the right, and you authorize VIVUS, to the use and assignment of all information regarding your use of this Web site and all information provided by you in any manner consistent with this User Agreement and applicable federal law.
This Web site may include statements concerning VIVUS's operations, prospects, strategies, financial condition, future economic performance and demand for VIVUS's products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Web site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward looking statements. The Web site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of VIVUS's securities-related filings or documents.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
The VIVUS Health Store is operated by VIVUS. Throughout the VIVUS Health Store site, the terms “we”, “us” and “our” refer to VIVUS.
VIVUS and its suppliers provide the products and/or services sold by VIVUS and all content, material, information or postings found on or accessed through the VIVUS Health Store, on an "as is" basis, except for manufacturers' standard warranties. VIVUS, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents, and its suppliers expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the VIVUS Health Store. Neither VIVUS nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents nor any of its suppliers makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the VIVUS Health Store or the content contained in or accessed through the VIVUS Health Store, including, but not limited to, the contents of any content, information, material, or posting found on the VIVUS Health Store, any products and/or services provided through the VIVUS Health Store, or any links to other site(s) made available on the VIVUS Health Store or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or the VIVUS Health Store. Neither VIVUS nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the VIVUS Health Store or access to and use of the VIVUS Health Store will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the VIVUS Health Store is at your sole risk.
Nothing on our website, nor any labeling, packaging, service description, or any other communications from us should be considered medical advice or a replacement or substitute for medical advice. You should always talk to an appropriately qualified health care professional for diagnosis, treatment, and medical advice, including information about which medications or treatment may be appropriate for you. We do not represent or warrant that any particular product is safe, appropriate, or effective for you. All content available through the service is for informational purposes only. Use of the service does not create any physician-patient relationship.
MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) in our sole discretion, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our sales and returns policies in our FAQs. We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel subscriptions or quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We are required by law to apply sales tax to orders to certain states. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our sales and returns policies in our FAQs
We use a third-party payment processor to bill you through a payment account linked to your account on the services for use of the services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this agreement. We are not responsible for errors by the payment processor. By choosing to use the services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due upon demand.