ANI Web Site Terms and Conditions
(Updated September 1, 2020)Your access to www.ANIPharmaceuticals.com or any website owned by ANI Pharmaceuticals (collectively, “Web Sites”) is subject to the following Terms and Conditions, which may be updated by ANI Pharmaceuticals, Inc. including its subsidiaries and its affiliates, (collectively, “ANI”) from time to time without notice to you. By accessing or using these Web Sites, you agree that you have read, understand, and agree to be bound by these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of these Web Sites after we have posted changes to these Terms and Conditions constitutes your acceptance of those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with these Web Sites, your sole and exclusive remedy is to discontinue using this site.
DISCLAIMERS
You hereby acknowledge and agree that:
a. Although we strive to provide the latest developments relating to our products and services, and other information about our company on these Web Sites, we do not represent or warrant the accuracy, effectiveness and/or suitability of any information contained on these Web Sites. Each person assumes full responsibility and all risk arising from use of these Web Sites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. ANI reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. ANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THESE WEB SITES. ANI HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN NO EVENT SHALL ANI BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THESE WEB SITES AND/OR THE INFORMATION OR CONTENT POSTED ON THESE WEB SITES REGARDLESS OF WHETHER ANI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. ANI is not responsible, and provides no representation or warranty whatsoever, for the accuracy, effectiveness, timeliness and/or suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on these Web Sites, ANI will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on third party websites. Such information should, therefore, be considered as suspect and is not endorsed by ANI.
d. These Web Sites may contain forward-looking statements that reflect ANI’s current expectation regarding future events and business development. The forward- looking statements involve risk and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research or development programs; results of pending or future product trials, ongoing commercialization of our products, commercial relationships, including contract manufacturing arrangements; changes in regulations and regulatory policies; general business and economic conditions, and other risks described in ANI’s annual, quarterly and current reports filed with the Securities and Exchange Commission. ANI intends to update this site periodically but assumes no obligation to update any of the content, including any forward-looking statements.
You understand, and hereby acknowledge and agree to the following:
a. By using these Web Sites, you agree not to disrupt or intercept our electronic information posted on these Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of these Web Sites, and to abide by all applicable local, state, federal and international laws, rules, regulations, codes and ordinances.
b. You hereby grant to ANI the right to use all content that you upload or otherwise transmit to these Web Sites, subject to these Terms and Conditions and ANI’s Privacy Policy in any manner ANI chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on such content.
c. Except as expressly stated and agreed upon in advance by ANI in writing, no confidential relationship shall be established in the event that any user of these Web Sites should make any oral, written or electronic communication to ANI (such as feedback, questions, comments, suggestions, ideas, etc.). If any ANI Web Site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ANI shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ANI 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 any product incorporating such information. The sender of any information to ANI is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other third party’s proprietary or privacy rights and shall indemnify ANI against any claims or losses related to such information and its content.
PRODUCT LABELING
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Some of the products listed hereunder are available only by prescription. Except as expressly stated and agreed upon in advance by ANI in writing, no director, employee, agent, or representative of ANI, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through these Web Sites.
INTELLECTUAL PROPERTY
The information, documents and related graphics published on these Web Sites are protected by copyright, trademark and/or other intellectual property laws and are the sole property of ANI or its licensors. ANI vigilantly protects its intellectual property rights and enforces the misuse or misappropriation of its intellectual property.
a. Trademarks - The trademarks, service marks, logos and trade dress (the "Trademarks") appearing on these Web Sites which identify our products and services are registered and unregistered trademarks of ANI. Other trademarks and product names are the property of their respective owners. Nothing contained in the Web Sites should be construed as granting any license or right to use any of ANI's Trademarks.
b. Copyrights - Unless otherwise expressly noted, ANI is the copyright owner or licensee of any and all content on the Web Sites, which includes without limitation any and all text, articles, images, photographs, statistics, audio and video media, digital downloads, software, computer code, and the HTML used to generate the pages (collectively, the “Materials). Except as otherwise provided in these Terms and Conditions, you may not reproduce, download, distribute, display, perform or prepare derivative works from any of the Materials for any public or commercial purpose except with ANI's prior written permission. All rights not expressly granted herein are reserved.
PRIVACY AND SECURITY
ANI understands the importance of privacy to our customers and visitors to our Web Sites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web Sites, you agree to be bound by that policy. You recognize and agree that when submitting your personally identifiable information to www.ANIPharmaceuticals.com, while ANI has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE EVENT OF ANY INTERCEPTION OR UNAUTHORIZED ACCESS OF PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION, YOU AGREE THAT ANI AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF ANI HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANI DOES NOT REPRESENT OR WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER OR USER OF THIS WEB SITE SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER AND USER OF THIS WEB SITE IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
LIMITATION OF LIABILITY
ANI does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, these Web Sites. Reliance on these materials, information and opinions is solely at your own risk. ANI disclaims any liability for injury or damages resulting from the use of these Web Sites or the content thereon. In no event shall ANI or any of its officers, directors, employees, agents or affiliates, be liable, directly or indirectly, to anyone for any claims, losses or damages, whether direct, indirect, special, incidental or consequential, including, without limitation, damages resulting from loss of profits or damages resulting from or occasioned by the creation, use or reliance of or on its Web Sites or any third party websites or the information, advertising, products, resources or material accessed through any such Web Sites or third party websites, regardless of the nature or cause of any such damages or losses and whether or not a claim thereof is based in contract, tort, negligence or otherwise.
COLLECTION OF PERSONAL INFORMATION BY THIRD PARTIES
Some links on our Web Sites may redirect you to third party websites that we do not operate. Such links are provided solely as a convenience to you. The privacy practices of these websites will be governed by their own policies. We make no representation or warranty as to the privacy policies of any third parties, including the providers of third-party applications. If you are submitting information to any such third party through any of our Web Sites, you should review and understand that party’s applicable policies, including their privacy policy, before providing your information to the third party.
VISITORS THAT RESIDE OUTSIDE THE UNITED STATES
ANI provides its Web Sites for the purpose of serving interested parties within the United States. The laws governing the collection and use of information within the United States may be different from the laws of your country. If you decide to use our Web Sites, or share your personal information with ANI, you are agreeing to be governed by the laws of the United States as appropriate, and you are expressly consenting to the transfer of your data to the United States.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the State of Delaware, U.S.A. without giving effect to any principles of conflict of law.
