Terms of Use

Terms of Use

 

Updated:  26 July 2017

PLEASE READ THESE TERMS OF USE CAREFULLY!

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT, AND UNDERSTAND AND AGREE TO ABIDE BY IT.

This Terms of Use Agreement (this “Agreement”) describes the terms and conditions applicable to your use of any and all of the websites of the Mission Pharmacal Company and its subsidiaries and affiliates, including Alamo Pharma Services, BioComp Pharma, ProSolus, Espada Dermatology, BexR Logistix and Epic Fulfillment (collectively, “Mission,” “we,” “us” or “our”) (collectively, the “Site” or “Sites”).

If you do not agree to the terms and conditions of this Agreement, please do not use this Site. Your use of certain pages or services within this Site may be subject to additional terms and conditions. Before being given access to these pages or services, you will be asked to indicate whether you agree to be bound by the additional terms and conditions. If you agree to be bound, you will be given access to the page or service. If you do not agree to be bound, you will not be given access to the page or service.

THIS SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.

The content on this Site is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional health care provider. Mission is not engaged in rendering medical or similar professional services or advice via this Site, and the information provided is not intended to replace medical advice offered by a physician.  If you desire or need such services or advice, you should consult your professional health care provider, including for any questions regarding any medication or nutritional supplement.  You must read the labels and inserts and follow directions on all products manufactured and/or marketed by Mission.  You should not construe Mission’s publication of this content as an endorsement by Mission of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.

Mission has developed this Site as a service to consumers. However, some of the information on this Site will become outdated, making it incorrect, and will only be updated periodically, if at all.  As such, we shall not accept liability for consumer reliance on incorrect or outdated information on this Site.

Scope of Use

Mission invites you to view, use and download a single copy of this Site for your informational, personal, non-commercial use.  You may not copy, reproduce, distribute, display, or otherwise use any materials published on this Site for public or commercial purposes without the prior express written consent of us. Materials copied from this Site for personal use or with prior written consent of us must, in any event, retain all copyright and other proprietary notices and disclaimers appearing in connection with such materials on this Site. Except as otherwise provided on this page, no part of any content or software on this Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Mission. You understand that Mission may discontinue, change, or restrict your use of this Site for any reason without notice.

This Site is for use by U.S. residents only. By using this Site, you represent that you are at least eighteen (18) years old and a United States resident, and that you have read, understood, and agreed to this Agreement.  Further you represent that you have the legal right and capacity to accept this Agreement and be bound by it, and that you will use this Site and the information contained therein in accordance with this Agreement.

Viruses, Hacking and Other Offenses

You must not misuse our Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our Sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.  In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from this Site using commercially available, up to date virus checking software.

No Warranties

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MISSION MAKES NO WARRANTY, AND HEREBY DISCLAIMS ANY WARRANTY, AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.  MISSION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE SITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability; Waiver and Release

YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE IS AT YOUR OWN RISK. MISSION SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF MISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE (WHETHER FOR MEDICAL DECISIONS OR OTHERWISE) BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MISSION PHARMACAL COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BASED UPON OR RELATED TO YOUR USE OF THE SITE AND/OR THE CONTENT AND INFORMATION CONTAINED HEREIN.

Indemnification

If you violate any terms of this Agreement or if you misuse this Site, you agree to defend, indemnify and hold harmless Mission, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of this Site enable you to submit e-mails, or otherwise provide feedback or information to Mission.  You agree that by submitting content:

Trademark, Copyright and Intellectual Property

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of Mission and others. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws.

This Site is protected by United States’ and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, or individual sections of the design or layout of the Site or Mission logos without Mission’s written permission.

Images of people or places appearing on this Site are either the property of Mission or used with permission. Any use of the images of such people or places by you is strictly prohibited, and may constitute infringement or violation of communications, copyright, trademark, privacy and/or publicity laws.

Nothing contained on this Site shall be construed as conferring by estoppel, implication, or otherwise any license or right under any trademark, copyright, or patent of Mission or any third party.  We vigorously enforce our intellectual property rights to the fullest extent of the law.

Subject to any applicable terms and conditions set forth in our Privacy Statement, any communication or other material that you send to us through the Internet or post on a Mission Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Mission shall have no obligation of any kind with respect to such information.  Further, you agree that Mission shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Information, News and Press Releases

The Site may contain information, news and/or press releases about Mission. While this information was believed to be accurate as of the date it was prepared, Mission disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Mission contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Mission.

Links

This Site may contain links to websites operated by other parties. The linked sites are not under the control of Mission, and Mission is not responsible for the content available on any other Internet sites linked to this Site. Such links do not imply Mission’s endorsement of material on any other site and Mission disclaims all liability with regard to your access to such linked websites. Mission provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Site is at your own risk.

Unless otherwise set forth in a written agreement between you and Mission, you must adhere to Mission’s linking policy as follows: (i) any link to a Mission Site must be a text only link clearly marked “Mission Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Mission’s names and trademarks, (iii) the link must “point” to the root domain name of the Mission Site and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Mission, (v) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website, and (vi) Mission reserves the right to revoke its consent to the link at any time and in its sole discretion.

Security

This Site may require you to register or obtain a password prior to permitting access to the Site or certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.

Void Where Prohibited

This Site and its contents are intended to comply with the laws and regulations in the United States of America.  Although the information on this Site is accessible to users outside of the U.S., the information pertaining to our products is intended for use only by residents of the U.S.  Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.  This Site may link to sites outside of the U.S.  Those sites may have information that is appropriate only to that particular originating country. Mission makes no representation that the information in the Site is appropriate or available for use in other locations, and access to this Site from territories where the content of this Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  We reserve the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide.  Any offer for any product or service made on this Site is void where prohibited.

Governing Law and Exclusive Venue

The law of the State of Texas shall govern this Agreement, the Site and any and all disputes hereunder, without reference to its choice of law rules.  You hereby agree to submit to personal jurisdiction and exclusive venue in a court of competent jurisdiction located in the State of Texas in Bexar County.

Violations and Additional Policies

Mission reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Securities Laws

This Site may include statements concerning Mission’s operations, prospects, strategies, financial condition, future economic performance and demand for Mission’s products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Mission’s securities-related filings or documents.

Questions

If you have any questions about this Agreement, please contact Mission at (800) 531-3333. For all other inquiries, please contact us through the relevant product, support or topical Mission Site.

Changes

Mission may at any time revise or modify this Agreement or impose new conditions for use of this Site.  Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by e-mail. Any use of this Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.  Mission may modify its services at any time.

This Terms of Use Agreement was last updated on:  26 July 2017