Terms of Use - Advanced Life Sciences

Welcome to advancedlifesciences.com. Thank you for visiting our website (the "Site").

This Terms of Use Agreement (the "Agreement") governs your use of the Site, which is owned and operated by Advanced Life Sciences Inc ("Advanced Life Sciences"). Please carefully review the entire Agreement. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

Your use of the Site constitutes your acknowledgment that you have read, understood and consent to the Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use this Site.

Advanced Life Sciences may modify this Agreement at any time, and such modifications shall be deemed effective immediately upon posting to the Site. Any continued use of the Site will constitute your acceptance of this Agreement, as modified.

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.

Advanced Life Sciences respects the privacy of its users.

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.

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.

Advanced Life Sciences may, in its sole discretion, review content posted to the Site by third parties. However, Advanced Life Sciences has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.

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.

The Site and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Site is strictly prohibited without the prior written consent of Advanced Life Sciences. Requests for permission to reproduce any information contained on this Site should be addressed to or a letter to Advanced Life Sciences, Attn: Legal Department, 1440 Davey Road, Woodridge, IL 60517.

Notwithstanding the above, Advanced Life Sciences authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Site. Systematic retrieval of data or other content from this Site to create, directly or indirectly, a collection, compilation, database, or directory without written permission from Advanced Life Sciences is prohibited.

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.

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.

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.

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.

By using this Site, you agree not to:

-use any false or inaccurate information for purposes of registering as a user of the Site, or for purposes of registering for any promotions offered through the Site;
-delete or revise any material or other information of any other user or Advanced Life Sciences;
-harvest or otherwise collect information about others, including e-mail addresses, without their consent;
-take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
-use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this site;
-use any engine, software, tool, agent, or other mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or -search the Site other than (i) the search engine and search agents available from Advanced Life Sciences on the Site and (ii) generally available third party web -browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
-allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
-attempt to decipher, decompile, disassemble, or reverse engineer any of the software composing or in any way making up a part of the Site.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:

-accessing data not intended for you or logging into a server or account that you are not authorized to access;
-attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
-attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
-sending unsolicited e-mail, including promotions and/or advertising of products or services; or
-forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Advanced Life Sciences will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

Advanced Life Sciences also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request.

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.

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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Advanced Life Sciences DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (iv) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ADVANCED LIFE SCIENCES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ADVANCED LIFE SCIENCES MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
ADVANCED LIFE SCIENCES MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON ANY LINKED SERVICE.
ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY ADVANCED LIFE SCIENCES. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

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.
ADVANCED LIFE SCIENCES RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF ADVANCED LIFE SCIENCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ADDITION, ADVANCED LIFE SCIENCES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR ANY LINKED SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ADVANCED LIFE SCIENCES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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.

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:

-identification of the copyrighted work claimed to have been infringed;
-identification of the allegedly infringing material on the Site that is requested to be removed;
-your name, address, and daytime telephone number, and an e-mail address if available, so that Advanced Life Sciences may contact you if necessary;
-a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
-a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
-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.

For notice of claims of copyright infringement on the Site contact Advanced Life Sciences's Legal Department at the following address:

Advanced Life Sciences
ATTN: Legal Department
1440 Davey Road
Woodridge, IL 60517

Advanced Life Sciences will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

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.

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.

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.

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.

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.