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Terms of Use Effective Date: May 1, 2007Verrow Pharmaceuticals, LLC, ("Verrow", "us" or "we"), maintains the website www.verrow.com (the "Verrow Website"). By accessing and/or using the Verrow Website, you are expressly agreeing to comply with and be bound by these Terms of Use (the "Terms of Use"). If you do not agree with these Terms of Use, you are not authorized to use the Verrow Website. Verrow may revise and update these Terms of Use at any time. The most recent effective date of these Terms of Use is listed at the top of this page. Please periodically link to and review these Terms of Use, because your usage of the Verrow Website indicates your agreement with any updated terms. A. Use of content. The information provided on the Verrow Website is for general company and product information and educational purposes only. The information on the Verrow Website should be used only for your personal and non-commercial use. All information on the Verrow Website is provided "AS IS." B. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE THE CONTENT ON THE VERROW WEBSITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER PRODUCT OR SERVICE OFFERED BY OR THROUGH THE VERROW WEBSITE IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE VERROW WEBSITE! IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. C. NO WARRANTIES NEITHER THE VERROW WEBSITE NOR ANY OF ITS OWNERS, STAFF OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF THE SITE OR INFORMATION FURNISHED BY IT OR ANY AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. D. Proprietary Rights. We have invested a significant amount of time, effort, and resources in the creation of the Verrow Website. You understand and agree that Verrow and/or its licensors retain all right, title, and interest in the Verrow Website (including all copyrights, patents, service marks, trademarks, trade secrets and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to the Verrow Website, whether by Verrow or users and whether in print, machine-readable, visual or audible form (altogether, "Content"). The Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. Verrow owns all rights in, to and under its trademarks, patents, copyrights and other intellectual property included on the Verrow Website, including Verrow ®. You shall not remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You shall not add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. E. Advertisements and Links to Other Sites. The Verrow Website may contain advertisements by third parties. The Verrow Website may receive royalties from such third parties. However, the Verrow Website does not endorse, guarantee, warrant, or recommend any products or services contained in advertisements. In providing links to other websites, the Verrow Website does not investigate the content of such information. The Verrow Website does not endorse, guarantee, warrant or recommend the accuracy of such information or necessarily subscribe to any opinions or recommendations expressed on other websites. Further, certain content on the Verrow Website and information contained on websites linked through the Verrow website may be subject to separate or additional terms or conditions of use as stated either on the Verrow Website or on such other websites. To the extent that you make use of any link to any other website on the Internet, the disclosure, reproduction, sale or distribution of information contained thereon may be prohibited. F. General Privacy Information. You are solely responsible for safeguarding and maintaining the secrecy of your Personal Information. Please be careful and responsible whenever you are online. Our Website may transmit data known as "cookies." Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Verrow Website. Our cookies do not contain any personally identifying information. Most Web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Verrow Website unavailable to you. G. Indemnity. The Verrow Website is being provided by Verrow to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; and (ii) your use of the Verrow Website and any Content of the Verrow Website. You agree to indemnify and hold Verrow and Verrow's directors, managers, officers, employees, authors, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from all claims, actions, damages, costs, expenses and other liabilities including, but not limited to, attorneys' fees and expenses relating to any claim or action arising out or resulting from your access to the Verrow Website and the Content thereon or your use or disclosure of any data or Content on the Verrow Website. H. EXCLUSION OF DAMAGES; LIMITATION ON LIABILITY. IN NO EVENT SHALL VERROW, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE ALLEGED TO RESULT FROM OR ARE IN ANY WAY RELATED TO THE VERROW WEBSITE OR YOUR USE OF CONTENT OF THE VERROW WEBSITE, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF VERROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF VERROW, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE VERROW WEBSITE OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED OR SHALL BE TIME-BARRED. I. General Provisions. · Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of the Terms of Use without the prior written consent of Verrow, which consent may be withheld at Verrow's sole and absolute discretion. Verrow may assign the Terms of Use in whole or in part at any time with or without notice to you. · Choice of Law. The Terms of Use shall be governed by the laws of the State of Kansas as such laws are applied to contracts executed in and to be performed entirely within Kansas by Kansas residents. This means that Kansas law will be applied to the interpretation of the Terms of Use even for non-Kansas residents. · Void Where Prohibited. The Verrow Website and the Content are intended to comply with the laws and regulations in the United States. Although the Content on the Verrow Website is accessible to users outside of the United States, the Content herein is intended for use only by residents of the United States. Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. Verrow may have links to other sites some of which are outside the United States. Those websites may have information that is appropriate only to that particular originating country. · Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions. · Entire Agreement; Amendments. These Terms of Use constitute the entire agreement between you and Verrow with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, Verrow may amend the Terms of Use without prior notice to you. No waiver of any of the provisions of the Terms of Use shall be deemed nor shall constitute a waiver of any other provision of the Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. If you have any questions about the foregoing, please contact Verrow at the following e-mail address: to webmaster@verrow.com or send us a letter to our address at:
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