(Updated and Effective: August 2017)
CutisPharma Sites are intended for lawful use by U.S. adults only. All information provided on CutisPharma Sites is for general informational and educational purposes only. Certain sections of CutisPharma Sites, or certain CutisPharma Sites, may be intended for use by healthcare professionals only. In those cases, healthcare professionals will be asked to self-identify before proceeding to such pages or Sites.
Availability of the Site
Access to the Site is permitted at CutisPharma’s discretion. CutisPharma reserves the right to withdraw, amend, or restrict the services we provide on this Site without notice.
Right to Alter or Remove Content. Right to Suspend Accounts.
Medical Information Provided is Not a Substitute for Medical Advice and Attention
Third Party Web Sites and Links
Certain links on CutisPharma Sites may lead to sites or sources located on servers maintained by third parties over which CutisPharma has no control. If you use these links, you will leave CutisPharma’s Sites. Please remember that linked sites are not necessarily CutisPharma sites and the information could change without CutisPharma’s knowledge. Third party linked sites and their contents should not be attributed to CutisPharma (or any of its affiliated companies) in any manner. CutisPharma has not attempted to verify the truth or accuracy of any third party content and does not make any representations or warranties about them. Such links are provided for your convenience only.
This Site may make chat rooms, forums, Listservs and message boards available to its users. By accessing and using any such features, or by in any other manner sending information to CutisPharma, you represent that you are solely responsible for all the content, including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail, or otherwise transmit via this Site. You represent by posting that your User Content complies with all applicable laws and regulations, including, but not limited to, the Digital Millennium Copyright Act.
You will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Sites by you or by others using your username and password. You also grant us a royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the materials you post or submit via such features. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Notwithstanding the foregoing, CutisPharma will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct.
If you believe that material on our Sites infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Attn: Customer Service
841 Woburn Street
Wilmington, MA 01887
Or by email to: customerservice@CutisPharma.com
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
No confidential relationship shall be established in the event that any user of this Site should make any oral, written or electronic response to CutisPharma (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and CutisPharma shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
INFORMATION ACCESSED THROUGH ANY CUTISPHARMA SITE IS PRESENTED IN SUMMARY AND INTERACTIVE FORM AND IS NOT EXHAUSTIVE. CUTISPHARMA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUTISPHARMA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CUTISPHARMA MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY SERVICES OBTAINED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusions may not apply.
LIMITATION OF LIABILITY
CUTISPHARMA SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY INFORMATION PROVIDED ON OUR SITES. IN NO EVENT WILL CUTISPHARMA, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE.
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “CUTISPHARMA” INCLUDES NOT ONLY CUTISPHARMA PHARMACEUTICALS, INC. BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS , PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
IN NO EVENT SHALL CUTISPHARMA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER CUTISPHARMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (A) TO THE BODY OR PERSON; OR (B) CAUSED BY CUTISPHARMA’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST CUTISPHARMA MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by CutisPharma or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of CutisPharma. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
Names, trademarks, service marks, trade names, trade dress, logos and CutisPharma products appearing on this site, including the “CutisPharma” logo, are trademarks and service marks owned by CutisPharma Pharmaceuticals Inc. or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by CutisPharma, except with the express written permission of CutisPharma. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of CutisPharma or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any CutisPharma copyright or trademark.
CutisPharma is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where CutisPharma suffers damage. No license is granted to you to use any trademark of CutisPharma or Affiliates. You shall not assert any claim or ownership to any such trademarks.
CutisPharma gives you permission to copy pages of CutisPharma Site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.