Please read the following Terms and Conditions of Use (“Terms & Conditions”) carefully, as they set forth the rules and policies that govern the use of the VIA Pharmaceuticals, Inc. (“VIA Pharmaceuticals”) website (the “Site”). These Terms & Conditions do not alter in any way the terms or conditions of any other written agreement you may have with VIA Pharmaceuticals for other products or services.
By using this Site, you agree to be bound by these Terms & Conditions. VIA Pharmaceuticals reserves the right to modify these Terms & Conditions at its own discretion. Your privilege to access and use this Site is subject to your continuing compliance with these Terms & Conditions. If you do not agree to these Terms & Conditions you are prohibited from using the Site including any the information, contents, data, software, text, graphics, images, sound and any other material contained on the Site (together, the “Content and Materials”).
If you have any question regarding the use of the Site, please contact us.
Medical Information
This Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other healthcare professional before using any product discussed within this Site.
Nothing on this Site should be deemed in any way to constitute a claim of pharmaceutical or diagnostic efficacy, safety, accuracy or suitability for the treatment of any disease or disorder for any products or product candidates of VIA Pharmaceuticals.
Disclaimer and Warranties
This Site, including the Content and Materials, is provided on an “as is” basis. VIA Pharmaceuticals (or its officers, directors, employees, agents, licensors, suppliers and any third-party information providers) assumes no liability for damages (including, without limitation, incidental and consequential damages or lost profits) resulting from your use or the inability to use, or any other matter relating to, this Site or the Content and Materials.
While VIA Pharmaceuticals uses reasonable efforts to include accurate and up to date information on this Site, VIA Pharmaceuticals makes no warranties or representations as to the accuracy, adequacy, completeness, timeliness, merchantability, fitness, title, or non-infringement of the Content and Materials. There may or may not be technical inaccuracies or typographical errors contained in this Site, and VIA Pharmaceuticals will correct such items at its sole discretion as they are discovered. You expressly agree that use of this Site, including all Content and Materials, is at your sole risk.
Third Party Links
This Site may contain links to other websites or resources. VIA Pharmaceuticals makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, reliability, accuracy or reliability of the information to be found on any websites accessible by hyperlink from this Site, or sites linking to this Site. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of third-party websites and the information contained therein is at your own risk.
Intellectual Property
The Content and Materials contained on this Site are protected by intellectual property rights, which are owned by VIA Pharmaceuticals, its affiliated entities or third parties. These intellectual property rights include, but are not limited to, patents, trademarks, service marks, trade names, inventions, copyrights, design rights, databases, know-how and any other intellectual property relating to the Site, the Content and Materials, and products or technologies of VIA Pharmaceuticals and third parties.
Subject to these Terms & Conditions, you may download and print a single copy of the Content and Materials on this Site for your personal, non-commercial use if you include the following copyright notice: “© Copyright 2007 VIA Pharmaceuticals, Inc. All Rights Reserved.”
Except as expressly provided in these Terms & Conditions, the Content and Materials may not be used without the prior written permission of VIA Pharmaceuticals. For example, you may not use, frame or utilize framing techniques to enclose any VIA Pharmaceuticals trademark, logo or the Content and Materials without such permission.
Export Controls and Special Obligations for International Users
The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. You agree to comply with all applicable local laws and regulations regarding online conduct, and the transmission of content, including technical data, exported from the United States or the country in which you reside. No Content and Materials may be downloaded or otherwise exported in violation of these laws.
Submissions to Our Site
You should assume that any communication or information you transmit through, to, or in connection with this Site will not be private. By accessing and using this Site, you expressly authorize VIA Pharmaceuticals to treat any communication or information you transmit through, to, or in connection with this Site as non-confidential and non-proprietary, and further hereby grant us a perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, publicly display, or delete all or any portion of such communication for any purpose and without further permission from you. You represent and warrant that you are the owner of any copyright to such communication or information or have the permission of the copyright owner to post or transmit such communication or information. If such communication or information is confidential or proprietary, you should not transmit it.
Termination
VIA Pharmaceuticals reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions, including the right to terminate your access to and use of the Site, and the Content and Materials contained herein, at any time.
Indemnification
You agree to indemnify, defend and hold harmless VIA Pharmaceuticals, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, claims, actions, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms & Conditions.
Governing Law and Jurisdiction
These Terms & Conditions shall be governed by the laws of the State of California without resort to conflict of law rules. You agree that exclusive jurisdiction for any action at law or equity arising out of or relating to these Terms & Conditions resides in the state or federal court located in San Francisco, California, and you hereby expressly consent and submit to the exercise of personal jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms & Conditions.
Construction and Enforceability
These Terms & Conditions, and any applicable additional terms and conditions applicable to specific sections of this Site, constitute the entire agreement between you and VIA Pharmaceuticals relating to your access to and use of this Site and supersede any prior or contemporaneous representations or agreements. In the event of a conflict between these Terms & Conditions and the additional terms and conditions relevant to a specific section of this Site, such additional terms and conditions will prevail over these Terms & Conditions with respect to those specific sections of this Site.
If any provision of these Terms & Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
Any rights not otherwise expressly granted by these Terms & Conditions are reserved by VIA Pharmaceuticals.
Revised: 05/10/07
© Copyright 2007 VIA Pharmaceuticals, Inc. All Rights Reserved.