
Verus Pharmaceuticals, Inc., ("Verus", "us" or "we"), maintains the website www.twinject.com (the "Verus Website"). By accessing and/or using the Verus 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 Verus Website. Verus 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 Verus Website indicates your agreement with any updated terms.
The information provided on the Verus Website is for general company and product information and educational purposes only. As such, the Verus Website and its contents should not be relied upon as an exclusive source of information and is not intended to be a substitute for professional medical advice, diagnosis or treatment. In particular, you should not rely on the content contained herein for diagnosing a health problem or disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding our products or any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on the Verus Website.
We have invested a significant amount of time, effort, and resources in the creation of the Verus Website. You understand and agree that Verus and/or its licensors retain all right, title, and interest in the Verus 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 Verus Website, whether by Verus 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. You may access, download, display, or print information and Content from the Verus Website solely for educational use. Verus owns all rights in, to and under its trademarks included on the Verus Website, including Verus™, Twice the Confidence™ and Twinject®. 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.
The Twinject auto-injector may be covered by some or all of the following patents, patent applications and foreign equivalents thereof: U.S. Patent Nos. 5,358,489; 5,540,664; and 5,665,071 and other pending U.S. Patent applications.
Notwithstanding anything contained in the foregoing paragraph, certain Content on the Verus Website may be subject to separate or additional terms or conditions of use as stated either on the Verus Website or in such Content. You agree to comply with such terms and conditions with respect to your use of such Content.
By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the Verus Website, you hereby grant to Verus a royalty-free license to use and disclose this information in accordance with Verus's Privacy Policy. Please review Verus's Privacy Policy before submitting any personally identifiably information to Verus.
Verus will treat any suggestions, questions, comments, data, materials or the like other than personally identifiable information (collectively, the "Feedback") sent to Verus as non-confidential and non-proprietary information. Verus shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Verus shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that Verus shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.
The Verus Website is being provided by Verus 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; (ii) your use of the Verus Website, and/or (iii) any authorized disclosure. You agree to hold Verus and Verus's directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys' fees and expenses relating to any claim arising out or resulting from your access to the Verus Website and the Content thereon or your use, disclosure or authorization for Verus to disclose any data or content thereon.
You acknowledge that the services and Content located on the Verus Website are provided "AS IS", "AS-AVAILABLE" and "WITH ALL FAULTS." Verus, its employees, subsidiaries and affiliates make no warranty as to the Verus Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VERUS, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL VERUS, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, 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 VERUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF VERUS, 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE VERUS 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.
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 Verus, which consent may be withheld at Verus' sole and absolute discretion. Verus 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 California as such laws are applied to contracts executed in and to be performed entirely within California by California residents. This means that California law will be applied to the interpretation of the Terms of Use even for non-California residents.
Void Where Prohibited. The Verus Website and the Content are intended to comply with the laws and regulations in the United States. Although the Content on the Verus 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. Verus 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.
Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to the Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in San Diego, California. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.
Entire Agreement; Amendments. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Verus 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, Verus 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 Verus at the following e-mail address: to webmaster@veruspharm.com or send us a letter to our address at:
Verus Pharmaceuticals, Inc.
12671 High Bluff Drive, Suite 200
San Diego, CA 92130
Main Tel: (866) 634-8774
Email: info@veruspharm.com
Last updated on May 10, 2006