Terms

Welcome to a website of Burel Pharmaceuticals, LLC (“Burel”). By using the site, you agree to be bound by the following terms and all applicable laws and regulations. If you do not agree to these Terms of Use, you are not permitted to use the site. The information provided on this website is presented in summary form, is general in nature, and is provided for informational purposes only. The information on this site is intended only for informational purposes. The content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through this website is intended to be relied on for medical diagnosis or treatment, without a physician’s interaction and involvement. Never disregard medical advice or delay in seeking it because of something you have read on this website.

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS”. BUREL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, BUREL, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR BUREL, OR ON ANY SITE OR SITES “LINKED” TO THIS SITE. BUREL MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUREL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUREL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. Any claims arising in connection with your use of the site or any content must be brought within one (1) year of the date of the event giving rise to such action occurred.

As a resource to our visitors, this site may provide links to other web sites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Burel does not endorse the content on any third-party websites. Burel is not responsible for the content of linked third-party sites, sites framed within the site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Everything that you read or see on the site is copyrighted or otherwise protected and owned by Burel or a third party who licensed or granted to Burel the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the site may be copied or used except as provided in these Terms of Use or with the prior written approval of Burel. We grant you permission to print individual pages from the site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about the services or products offered by Burel or for your non-commercial use in connection with health care or education. If you are a health care professional or provider, you may print individual pages from the site, unless otherwise expressly noted, and share the information and materials with others. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• remove any copyright, trademark or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

We make no warranties or representations to you that your use of any materials displayed on the site will not infringe the rights of third parties. Unless otherwise indicated, all logos, names, designs, and marks on the site are trademarks or service marks owned or used under license by Burel. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Burel or any third party.

Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Burel copyright.Except as expressly set forth on the site, if you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to Burel free of charge and such information shall be deemed to be non-confidential and Burel shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. Burel shall be free to use any know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. This is true whether you submit such information to us by email, through a form on the site, on a bulletin board, or in any other manner. Burel may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the site however, Burel is not obligated to do so.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the site. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the site any material which disrupts the normal operation of the site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the site. Through your usage of the site, you may submit and/or Burel may gather certain limited information about you and your website usage. We are free to use such information for any purpose we deem appropriate, including marketing purposes.

To obtain full access to the site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

When using the site, information will be transmitted over a medium that is beyond the control and jurisdiction of Burel and its suppliers. Accordingly, Burel assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.

This site is intended for the exclusive use of residents of the USA. Burel makes no representation that the materials on the site are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and our Privacy Policy shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Ohio, within the judicial district that includes Warren, Butler, Hamilton and Clermont counties, Ohio for any disputes arising out of these Terms or our Privacy Policy. To the extent that the arbitration provision below is found not to apply, the parties agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms or our Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

By using this website, you and Burel agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the website, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond or settle the Dispute. Notice shall be sent to:

• Us, at Burel Pharmaceuticals, LLC,
7160 Industrial Row Road, Suite 333
Mason, OH 45040
Attn: Legal Department, or
• You, at the address we have on file for you.

Both you and Burel agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

We may offer services or features that are subject to additional or different terms and conditions. We will notify you if the feature you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.

Burel may modify these Terms of Use from at any time without notice to you. You should review these Terms of Use every time you access the website. Your continued use of this site constitutes acceptance of the Terms of Use then in effect.

Burel may terminate this agreement, terminate your access to all or part of the site, or suspend any user’s access to all or part of the site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the site and ceasing to use the site. Burel’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

These Terms shall not be assignable by you, either in whole or in part. Burel reserves the right to assign its rights and obligations under these Terms.

These Terms and our Privacy Policy set forth the entire understanding and agreement between Burel and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Questions about these Terms of Use should be directed to: legal@burelpharma.com.