Last updated: March 8, 2022
Welcome to ALK-Abelló Pharmaceuticals, Inc. (“ALK”, “us”, “we”, “our”).
- Your Use of Content
The content available on or through use of our Website, including but not limited to data, documents, text, articles, interactive features, presentations, images, graphics, downloads, icons, logos, photographs, audio and video, links and references, and such other informational materials in all forms (collectively “Content”) is provided for informational purposes only.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE PROVIDED BY A QUALIFIED DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. THE WEBSITE DOES NOT PROVIDE THERAPEUTIC OR DIAGNOSTIC INFORMATION OR RECOMMENDATIONS. THE WEBSITE IS NOT INTENDED OR SUITABLE FOR USE IN DIAGNOSING, SELF-DIAGNOSING, MONITORING OR TREATING ANY HEALTH CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION RELATED TO ANY CONTENT ON THE WEBSITE BEFORE TAKING ANY ACTION.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT. RELIANCE ON ANY CONTENT ON OUR WEBSITE IS SOLELY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT BY YOU OR ANY OTHER VISITOR TO OUR WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THEIR CONTENT.
- Intellectual Property Rights
The Website, and all of its Content, features and functionality (including but not limited to the software, design, selection and arrangement thereof) are owned by ALK, its licensors or other providers of such material and are protected by Canadian and international intellectual property laws. We reserve the right to change, modify or delete the Content, features or functionality off the Website at any time.
Except as expressly permitted herein, the use of ALK’s trademarks or any Content is expressly prohibited and may be in violation of copyright, trademark and other similar laws. The entire Content of the Website are subject to copyright protection. No license or other right under any patent or trademark of ALK or any third party or to the Content is granted to you.
- Termination and Cancellation
You may elect to delete your profile at any time. Please note that once you have deleted your profile, you may not be able to access certain functionality or download any data that was resident on our system through your profile from our Website.
- Right to Handle Your Data
You hereby grant ALK a non-exclusive, sublicensable, royalty-free, fully paid-up, worldwide, perpetual and transferable right to Handle (as defined below) your data to make our Website available to you and to generate and use Aggregated Information (as defined below).
- Handling by Third Parties. You agree that all such data may be, without further consent from you, Handled by a third-party for either: (a) purposes which serve our business purposes, including data monitoring or storage; or (b) for regulatory or other reasons which are imposed on us in Canada or in any other jurisdiction in which we decide to store or process such data.
- Aggregated Information. We own all Aggregated Information and may use such Aggregated Information for any purpose we see fit, including publication of, and creation of derivative works from, the Aggregated Information, provided that such use shall not reveal to a third party any confidential information or the identity of our users.
For the purposes of this Section 6, “Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context. “Aggregated Information” means all information derived from your use of our Website and includes, usage information, data and other content provided, however, such information shall not be able to reveal your identity (or the identity of the relevant user).
When you open the Website for the first time, you will receive pop-up notifications. These will ask you whether you consent to the processing of data about how you use the Website (i.e., cookies pop-up) and whether the Website can access your location while you are using the Website. If you do not wish such data to be processed you can click on ‘Don’t Allow’. If you later change your mind, you can turn this on or off in your browser settings at any time.
- Third Party Tools and Websites
Our Website may contain links to, or automatically produce search results for, third party tools, websites or apps that are not owned, affiliated or operated by ALK. These links are provided for your information only. We have no control over any third party website or app and do not endorse, sponsor or recommend your use of such website or app. We are not responsible for the content of third party websites or third party apps and shall not be liable for any damages or injury arising from your use of such websites or apps. Accordingly, we recommend that you read the applicable third party terms and privacy policies for more information.
- Prohibited Uses
- Disclaimer and Limitation of Liability
- Disclaimer of Warranty.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND EXCEPT WHERE PROHIBITED BY LAW FOR USERS RESIDING IN THE PROVINCE OF QUEBEC: (A) OUR WEBSITE, AS WELL AS THE CONTENT AVAILABLE THEREON, ARE PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND ALK AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OR CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES OF CONDITIONS THAT THE WEBSITE AND CONENT ARE CURRENT AND/OR UP-TO-DATE. ALK AND THE REPRESENTATIVES DO NOT WARRANT THAT THE WEBSITE AND CONTENT NOR YOUR USE OF THE WEBSITE AND CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE WEBSITE AND APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND CONTENT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ALK OR ANY OF THE REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE WEBSITE AND CONTENT SHALL CREATE ANY WARRANTY.
- No Implied Warranty.
Some jurisdictions do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on websites and applications, notwithstanding the foregoing, such implied warranties shall not have a duration greater than required under the applicable law, shall terminate automatically at the end of such period and shall be disclaimed and excluded to the fullest extent permitted by applicable law. You may also have other rights under applicable law which vary depending on where you live.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ALK NOR ANY OF ITS REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, PERSONAL INJURY UP TO AND INCLUDING DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR LIABILITIES UNDER CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, CONTENT AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO OUR WEBSITE, CONTENT AND/OR ANY THIRD PARTY WEBSITE IS TO STOP USING THE ALK WEBSITE AND CONTENT OR THE APPLICABLE THIRD PARTY WEBSITE, AS APPLICABLE.
ALK’S WEBSITE MAY BE USED BY YOU TO SEARCH FOR AND CONNECT WITH PROFESSIONALS, BUT YOU AGREE THAT ALK AND ALK’S REPRESENTATIVES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PROFESSIONAL SERVICES PROVIDED TO YOU BY PROFESSIONALS. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE BETWEEN A PROFESSIONAL AND YOURSELF, AS WELL AS ANY PROFESSIONAL SERVICES THE PROFESSIONAL PROVIDES. ALK IS NOT LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN A PROFESSIONAL AND YOURSELF OR FOR THE ENFORCEMENT OF SUCH AGREEMENT. ALK IS NOT A PROFESSIONAL SERVICE PROVIDER AND IS NOT RESPONSIBLE FOR ANY PROFESSIONAL SERVICES.
Children under the age of majority in their jurisdiction of residence are not the intended audience for the Website.
- Governing Law
- Dispute Resolution through Arbitration and Submission to Jurisdiction.
- Waiver of Class Proceedings
- Dispute Resolution through Arbitration and Submission to Jurisdiction.
To the greatest extent permitted by law, and except where prohibited by law for users who are individuals residing in the province of Quebec, you hereby waive any right you may have to commence or participate in any class action lawsuit against ALK and/or ALK’s Representatives related to any claim, dispute or controversy and, where applicable, you hereby agree to opt out of any class proceeding against ALK and/or ALK’s Representatives otherwise commenced.
- Further Assurances
- Relationship between the Parties
- Headings and Summaries
- Other Rules of Interpretation
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation”; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”.
- No Waiver of Covenants
- Surviving Provisions
- Force Majeure
- Entire Agreement
- Contact Us