Terms and conditions for use

This website has been developed as a service of TOPAZ Pharmaceuticals Inc. (TOPAZ)

Any use of this website is subject to the following terms, conditions and applicable law. Please review the following terms and conditions carefully prior to using this website.

Effective Date: December 2nd, 2009

1. Agreement

By accessing and browsing this website, you agree to be bound by all such terms, conditions and applicable law without limitation or qualification. If you do not agree to any of these terms, conditions and applicable law, you may not use this website. Please note that TOPAZ may revise or terminate these terms and conditions for any reason at any time and without further notice. Therefore, as you are bound by any such amendments, you should periodically visit this page to review the then valid terms and conditions.

2. Non-commercial and personal use only

Unless explicitly stated otherwise, this website is protected by copyrights. Therefore, you may download, electronically copy, print or display any information included in this website for non-commercial and personal use only. The distribution, modification, transmission or use of any data of the website (including images, text, graphics, video etc.) for public or commercial purpose is expressly prohibited. TOPAZ does not warrant or represent that your use of any information contained in this website will not interfere with rights of a third party.

3. Copyrights, trademarks and other property rights

The copyrights, trademarks, patents, proprietary information, products or other property rights included in or referred to on this website (the “Rights”) are the exclusive property of TOPAZ unless otherwise noted. TOPAZ claims neither ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Topaz should be inferred from the use of these marks. No license to or right in any of the Rights is granted to or conferred upon you.

4. Linking and framing

Links to this website are only permitted to the homepage. Deep-linking is not permitted. In addition, hot-linking, in-line linking, framing of this website or any other method of incorporating parts of this website in your website or the website of a third party is equally prohibited. Any exception requires the prior written consent of TOPAZ.

5. Links to third-party sites

As a service to visitors, this website may contain links to other sites on the Internet that are owned and operated by third parties (the “Third Party Sites”). Please note that TOPAZ has no control over these Third Party Sites and that your linking to these Third Party Sites is at your own risk and subject to the legal statement and privacy policy of the linked site. You further understand that TOPAZ does not approve nor survey any Third Party Sites. TOPAZ has no responsibility or liability of any kind for these linked Third Party Sites.

6. No confidential treatment of user submissions

Unless subject to the “Privacy Policy” section hereinafter, any communication or material you transmit to this website by electronic mail or by any other means, including but not limited to, any comments, questions, suggestions or the like will be treated as non-confidential and non-proprietary. TOPAZ is entitled to make use of anything you transmit or post for any purpose, including but not limited to, transmission, publication, disclosure, reproduction and posting. Moreover, TOPAZ is entitled to use any information, concept, know-how or the like included in any material or communication you transmit to the website for any purpose whatsoever, such as developing, manufacturing, promoting and marketing TOPAZ’s products. Please note that you herewith waive all your rights related to any such transmitted communications and material.

7. Privacy policy

The term “personal data” as used in this section refers to any information that can be used to identify you, such as your name, birth date, e-mail or mailing address.

Some of the services provided on this website may require registration. When registering with TOPAZ, you may need to complete certain data fields as well as pick a user name and password. This registration discloses your identity. Please note that in the event you decide to withhold certain requested personal data, it may not be possible for you to access certain parts of the website or for TOPAZ to respond to your request. TOPAZ will not process your personal data without your prior consent. TOPAZ will only process personal data for specific and limited purposes and will inform you about these purposes when asking for your personal data. In processing your personal data, TOPAZ will fully comply with internationally recognized standards of data protection.

TOPAZ will not give access to any of your personal data to any third party. However, personal data may incidentally be transferred to a third party acting for or on behalf of TOPAZ, or in connection with TOPAZ’s business, for further processing in accordance with the original purpose of the collection of the personal data. Wherever possible, TOPAZ endeavours to ensure that both the obligation of non-disclosure and the intended use of the personal data are clearly indicated. Such third parties may adopt different privacy policies. However, TOPAZ aims to ensure that such third parties provide the same degree of protection as TOPAZ does, and, where appropriate, TOPAZ will contractually bind a third party to process personal data only for the purpose explicitly authorized by TOPAZ. Nevertheless, it is expressly understood that TOPAZ will not share any personal data that is sensitive (e.g. medical history) with any third party without your prior and explicit consent, and you may always withdraw your consent at any later time. Please note that if you withdraw your consent, TOPAZ may not be able to comply with some of your requests. However, TOPAZ will, where practicable, inform third parties to whom your personal data has been transferred of your withdrawal of consent.

TOPAZ attempts to ensure that your personal data are updated, accurate and complete according to the information that has been provided. You are entitled to access and update your personal data or to demand their deletion at any time. If you wish to access, amend or delete your personal data held by TOPAZ, please contact our Webmaster. TOPAZ will address your request in a prompt and accurate manner and free of charge. However, requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations with which TOPAZ must comply. In all other cases, TOPAZ will keep personal data only as long as is reasonably required for the processing of the purpose for which the personal data were collected and in accordance with any applicable legal or ethical reporting or documentation retention requirements.

Information collected from your computer or other electronic device:

Some of our websites and other online resources use tracking technologies, such as cookies and single-pixel tags, to provide functionality that enables using these resources more effectively. TOPAZ uses tracking technologies to track numbers of users or referring sites to our online resources, or to remember whether you have identified yourself or visited this site previously. TOPAZ may use other companies to deliver e-mail communications on our behalf or to place TOPAZ information on other websites. TOPAZ does not control the tracking technologies used by these other companies.

TOPAZ may use tracking technologies to remember your personal preferences and selections, such as personal information that you have entered into data fields on our websites, answers that you have provided in response to our surveys, or sections of our websites that you visit frequently.

This policy does not apply to personal information collected from offline resources and communications, except in cases where such personal information is consolidated with personal information collected by TOPAZ online. This policy also does not apply to third-party online resources to which TOPAZ websites may link, where TOPAZ does not control the content or the privacy practices of such resources.

This Privacy Policy applies solely and exclusively to this website.

8. Technical inaccuracies, typographical errors and changes

This website may contain technical inaccuracies and typographical errors. TOPAZ reserves the right to amend, correct and/or improve any information, as well as any products described on this website at any time without notice.

9. Disclaimer

Even though TOPAZ aims to provide accurate and up to date information on the website at any time, you acknowledge that the website is made available “as is”. TOPAZ does not give any warranty or representation, whether expressly or implied, of any kind related to the content of this website (including, without limitation, text graphics and links). Moreover, TOPAZ takes no responsibility or liability whatsoever related in any way to your use of this website and its content. TOPAZ takes no liability for the accuracy, adequacy, completeness, comprehensiveness, usefulness, reliability or timeliness of the content of this website. TOPAZ does not give any warranty, whether expressly or implied, that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. TOPAZ reserves the right to interrupt or discontinue any or all of the functionalities of the website, and takes no liability whatsoever for any interruption or discontinuance of any or all of the functionalities of the website.

As some jurisdictions do not allow the exclusion of implied warranties, some of the above-mentioned exclusions may not apply to you.

10. Forward-looking statement

Some of the statements on this website are forward-looking. Such statements involve risks and uncertainties that could significantly affect results in the future and, accordingly, actual results may differ from those expressed in any forward-looking statements made by or on behalf of TOPAZ. Forward-looking statements are based on TOPAZ’s current expectations and assumptions, which may be influenced by a number of factors. These factors include any failure or delay in TOPAZ’s ability to develop new products, any failure to receive anticipated regulatory approvals, any problems in commercializing current products due to competition or other factors and government regulations limiting TOPAZ’s ability to sell its products. Please note that TOPAZ takes no liability to update the forward-looking statements contained in this website to reflect any events or circumstances occurring after the date of content updates to the website.

11. Applicable law and venue

Your use of this website shall be governed in all respects by the laws of United States of America without regard to choice of law provisions. You agree that any disputes and legal proceedings directly or indirectly arising out of or relating to this website shall be submitted to the exclusive jurisdiction of the competent courts of the Commonwealth of Pennsylvania, USA.