Terms of Use Agreement for www.advancedlifesciences.com
1. Obligations
You are required to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Advanced Life Sciences. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.2. Privacy Policy
Advanced Life Sciences respects the privacy of its users.3. No Professional Advice
Any information supplied through the Site or by any employee or agent of Advanced Life Sciences, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Site. By providing information, Advanced Life Sciences is not providing medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Site is not a substitute for medical advice, diagnosis, or treatment, and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The receipt of any questions or feedback you submit to Advanced Life Sciences does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy. You should never disregard professional medical advice or delay in seeking it because of something you have read on this Site.4. Third-Party Content and Links to Third-Party Services
This Site may contain third-party owned content and links to other Services ("Linked Services"). Advanced Life Sciences does not endorse, sponsor, recommend, or otherwise accept responsibility for any third-party content on the Advanced Life Sciences website. In addition, Linked Services are not under the control of Advanced Life Sciences, and Advanced Life Sciences is not responsible for the content or privacy practices of the Linked Services, including, without limitation, links contained on Linked Services or any changes or updates to Linked Services. Advanced Life Sciences is providing third-party content and Linked Services to you only as a convenience, and the inclusion of such third-party content and Linked Services is not an endorsement by Advanced Life Sciences in favor of any company offering Internet services or other products or services.5. Copyrights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Advanced Life Sciences or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Advanced Life Sciences or any third party.6. Trade and Site Marks
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Advanced Life Sciences or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Advanced Life Sciences or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Advanced Life Sciences or any third party.7. No Deep Linking or Framing
You may not make any part of this Site available as part of another service by hyperlink framing, "deep linking," or otherwise, without prior written permission from Advanced Life Sciences.8. Country-Specific Product Information
Advanced Life Sciences provides information with respect to its global and local pharmaceutical business that might not be relevant to every visitor around the world. For example, trademarks used for certain products may differ from country to country. Furthermore, in some countries regulatory authorities may approve products for sale with different indications, dosages, and restrictions. If Advanced Life Sciences's products, programs, and services mentioned in this Site are not available in your country, any such reference does not imply that Advanced Life Sciences intends to announce these products, programs, or services in your country. Consult your local Advanced Life Sciences contact or your physician for further information as to the availability of our products in your country.9. Forward-Looking Statements
This Site may contain forward-looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in Advanced Life Sciences's annual reports filed with the Securities and Exchange Commission and in its most recently filed report with the Securities and Exchange Commission.10. Prohibited Uses Generally
By using this Site, you agree not to:11. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.12. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." ADVANCED LIFE SCIENCES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. ADVANCED LIFE SCIENCES DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.13. Limitation of Liability
IN NO EVENT WILL ADVANCED LIFE SCIENCES OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.14. Indemnification
Upon a request by Advanced Life Sciences, you agree to defend, indemnify, and hold harmless Advanced Life Sciences and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.15. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Advanced Life Sciences's Legal Department with the following information:16. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You and Advanced Life Sciences expressly agree to submit to the exclusive jurisdiction and venue of the courts in the Commonwealth of Massachusetts in all disputes arising out of or relating to the use of this Site.17. No Waiver
The failure of Advanced Life Sciences to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.8. Termination
Advanced Life Sciences reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Section 5, 6, 12, 13 and 14 of this Agreement shall survive the termination of this agreement.19. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Advanced Life Sciences as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Advanced Life Sciences's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Advanced Life Sciences with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.20. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Advanced Life Sciences and governs your use of this Site. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.