Terms of Use

Thank you for visiting a Juniper Pharmaceuticals (“the Company”) web site. This web site is intended for users in the United States. These Terms of Use, together with the Privacy Policy, Disclaimer and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use this web site and other web sites owned or controlled by the Company (“Web site”) including any content, functionality and services offered through the Web site.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEB SITE. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT A U.S. RESIDENT OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEB SITE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE WEB SITE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Web Site Content.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This website may provide information about medical conditions and their treatment. However, nothing on this Web site should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Patients should not use the information contained on the Web site for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or person informed by the Web site.

You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content (“Content”) contained on the Web site is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Web site, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, distribute or transmit any of the Web site or Content in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

Web Site Access and Changes.

We reserve the right to withdraw or amend this Web site, and any products, services or materials we provide on the Web site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web site, or the entire Web site to users. We also may update the content on this Web site from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

Trademarks.

Trademarks, service marks, graphics and logos used in connection with the Web site are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.

Information about You and Your Visits to the Web Site.

All information we collect about you on this Web site is subject to our Privacy Policy.

Non-Confidential Information.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Web site or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will 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.

Third Party Links and Technology.

Any and all third party technology or web sites provided, made available, linked to, or otherwise accessible through the Web site (“Third Party Links and Technology”) is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.

Intended for Users Over 13.

This Website is not for use, nor is it designed or intended for children under the age of 13.

Violations of the Terms of Use.

Failure to abide by these Terms of Use is a material breach of these Terms of Use for which the Company may pursue all rights and remedies it has pursuant to these Terms of Use, and any other rights and remedies it may have at law or in equity. Specifically, you agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Web site for violations of these Terms of Use or other agreements or guidelines which may be associated with your use of the Web site.

Indemnity.

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Limitation of Liability.

Except where prohibited by law, in no event will THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEB SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Web site or any Content, the Company’s liability will in no event exceed $5.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Disclaimer.

By using the Web site, you expressly agree that use of the Web site is at your sole risk. The Web site is provided on an “AS IS” and “as available” basis. NEITHER the Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Web site will be uninterrupted or error-free. Neither the Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Web site or the products or services offered for sale on the Web site. Further, the Company makes no representation that content provided on the Web site is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by the Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Void Where Prohibited.

The Web site is intended for residents in the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Web site are available to all persons or in all geographic locations, or are appropriate, available, permissible for use outside the United States. Any offer for any feature, product or service made on the Web site is void where prohibited. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access the Web site from outside the United States, you are doing so on your own initiative and you are solely responsible for complying with applicable laws.

Governing Law.

You agree that all matters relating to your access to or use of the Web site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Wilmington, Delaware and waive any objection to such jurisdiction or venue.

Waiver of Trial by Jury.

EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEB SITE.

No Waiver.

The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

Severability.

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.