PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Effective February 8, 2017
Copyright © 2017 Flex Pharma, Inc. All rights reserved.
Use of Materials and Intellectual Property Rights
The entire contents of this web site, and the information which it contains, is the property of Flex Pharma, Inc. (“Flex Pharma”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You may not copy the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Flex Pharma. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Flex Pharma, its affiliates or any third party. Flex Pharma prohibits the use of any Flex Pharma trademark, or any related graphic, as a “hot link” to any website unless approved in writing by Flex Pharma.
All Flex Pharma product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Flex Pharma or its licensors or joint venture partners, unless otherwise noted. All other product names are trademarks or registered trademarks of their respective owners.
Use of Flex Pharma Web Site and Its Content
This web site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. The website information may contain inaccuracies or typographical errors. Flex Pharma makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this website or the Flex Pharma information. Your use of the website and the Flex Pharma information is at your own risk.
Flex Pharma may suspend or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Flex Pharma reserves the right to make changes to document names and content, specifications, or other information on the web site without obligation to notify any person of such changes.
Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Flex Pharma’s copyright agent (identified below) and providing the following information:
Flex Pharma’s agent for copyright issues relating to this web site is as follows:
Robert Hadfield, Esq.
Flex Pharma, Inc.
800 Boylston Street, 24th Floor
Boston, MA 02199
Copyright Notice and Limited License
Everything you see and hear on this website (the “Content”), including, for example, all of the text, directories, photographs, press releases, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Flex Pharma or by one of its affiliates, or by third parties who have licensed their materials to Flex Pharma. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Flex Pharma owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this website, provided you:
No right, title or interest in the downloaded Content is transferred to you when you download Content from this website. Flex Pharma reserves all intellectual property rights in any Content you download from this website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Flex Pharma.
All of the trademarks, service marks and logos displayed on this website (the “Trademark(s)”) are registered and unregistered trademarks of Flex Pharma, one of its affiliates, or third parties who have licensed their Trademarks to Flex Pharma or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Flex Pharma's written permission.
Availability of Products Mentioned
This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside of the U.S., the information that Flex Pharma publishes on this web site may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Flex Pharma intends to announce or make available such products or services to the general public, or in your country. Access to the website materials may not be legal by certain persons or in certain countries. If you access the website from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
No Warranties; Disclaimer
INFORMATION AND DOCUMENTS, INCLUDING SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, FLEX PHARMA DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL FLEX PHARMA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLEX PHARMA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLEX PHARMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Descriptions and specifications are subject to change. Flex Pharma periodically adds or updates the information and documents on this web site without notice.
It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
Links to Third-Party Web Sites
This web site may contain links to non-Flex Pharma web sites. These links are provided to you as a convenience, and Flex Pharma is not responsible for the content of any linked web site. Any outside web site accessed from the Flex Pharma web site is independent from Flex Pharma, and Flex Pharma has no control over the content of that web site. In addition, a link to any non-Flex Pharma web site does not imply that Flex Pharma endorses or accepts any responsibility for the content or use of such a web site.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Flex Pharma of that third party or of any product or service provided by a third party.
Submissions to Flex Pharma and Affiliated Servers
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Flex Pharma through this web site is the exclusive property of Flex Pharma. Flex Pharma is entitled to use any information submitted for any purpose, without restriction (except as stated in Flex Pharma's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Flex Pharma and accepts responsibility for its accuracy, appropriateness, and legality.
Forward Looking Statements
This web site may contain forward-looking statements about Flex Pharma’s financial and operating performance, business plans and prospects, current products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. These risks and uncertainties include, without limitation: the status, timing, costs, results and interpretation of our clinical studies; the uncertainties inherent in conducting clinical studies; results from our ongoing and planned preclinical development; expectations of our ability to make regulatory filings and obtain and maintain regulatory approvals, the commercialization of our consumer product; anticipated positioning and product attributes of our consumer product; results of early clinical studies as indicative of the results of future trials; availability of funding sufficient for our foreseeable and unforeseeable operating expenses and capital expenditure requirements; other matters that could affect the availability or commercial potential of our consumer product or drug product candidates; and the inherent uncertainties associated with intellectual property. A further list and description of these and other risks, uncertainties and other matters can be found in Flex Pharma’s most recent Securities Exchange Commission filings, which are available at www.sec.gov. Flex Pharma assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Enforcement of Terms and Conditions
These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. Any action related to these Terms and Conditions shall be brought only in the state courts of and federal courts located in the Commonwealth of Massachusetts and all parties consent to such jurisdiction and waive any objection to the personal jurisdiction of and venue in such courts.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Flex Pharma may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Flex Pharma, as described above.
For Additional Information
If you have any questions about the rights and restrictions above, please contact Flex Pharma's Legal Department at [email protected].