Terms of Use
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Terms of Use
Welcome to Angiotech Pharmaceuticals, Inc.'s web site (the "Site"). Please carefully review these Terms of Use ("Terms"). Your use of the Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. Angiotech Pharmaceuticals, Inc. ("Angiotech") also may make changes to these Terms, which will become effective immediately upon posting to this page. For this reason, we urge you to read these Terms each time you visit the Site. These Terms were last updated on August 11, 2007.
1. Access to the Site
You may be asked to provide certain registration details or other information to access the Site or to access some of the resources on the Site. You agree that all of the information you provide on the Site will be correct, current, and complete. Angiotech's use of your personal information is subject to our Privacy Policy (see the privacy policy link to view our Privacy Policy). If Angiotech believes that the information you provide is not correct, current, or complete, Angiotech has the right to refuse you access to the Site or any of its resources and to suspend or terminate your access at any time.
Certain areas of the Site may contain information intended for licensed medical professionals or others with certain qualifications. Angiotech reserves the right to limit access to certain areas of the Site to users who register and meet certain criteria established by Angiotech.
2. Modifications to Site
Angiotech reserves the right to modify or discontinue all or any portion of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Angiotech shall not be liable to you or any third party in the event that Angiotech exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
3. Trademark and Copyright Notice
Trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Angiotech or its subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by Angiotech or its subsidiaries is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use such content as expressly authorized by Angiotech or its subsidiaries. Nothing contained herein transfers any right, title, or interest in the Site or its content to you and all rights not expressly granted herein are reserved. Angiotech will enforce its intellectual property rights to the fullest extent of the law. The images intended for download by You located on the Site are copyrighted works authored and owned by Angiotech Pharmaceuticals, Inc. You may download, view, copy and print content contained on the Site, subject to the following:
You may download, view, copy and print content contained on the Site, subject to the following:
- (a) such content may be used solely for personal, informational, or internal business purposes and may not be sold, licensed, or distributed in any electronic or other form;
- (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
- (c) such content may not be altered or modified from its original downloaded form in any way, including, but not limited to, colorization, cropping, or editing;
- (d) such images may not be grouped with other images as part of a collective work or used to create a derivative work, nor shall any image be associated with another to connote approval or endorsement for any commercial, political, illegal, pornographic, or other immoral purposes; and,
- (e) no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror any images downloaded or obtained from the Site onto another web service, use any meta tags, inline any graphics or distribute any content contained on the Site in whole or in part without the express written permission of Angiotech. Requests for such permission should be made to webcc@angiotech.com.
Certain product, service, or company designations for companies other than Angiotech may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks by such companies. In all instances where Angiotech is aware of a claim, the designation appears in initial capital or all capital letters. However, please contact the appropriate companies for more complete information regarding such designations and their registration status./p>
4. No Medical Advice
Some of the information on the Site relates to products and services offered by Angiotech. The information on the Site is provided for your general informational and educational purposes only. It is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition, diagnosis or treatment. Angiotech does not practice medicine or provide medical services or advice and nothing contained on the Site is intended to be for medical diagnosis or treatment.
5. User Feedback
Angiotech is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that Angiotech and its subsidiaries and employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to Angiotech or anyone at Angiotech or its subsidiaries. If, despite this request, you still send Angiotech or its subsidiaries your ideas and materials, please understand that by submitting the information through the Site, you assign Angiotech, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through the Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to Angiotech that you have the right to do so.
6. Resume Submission
Angiotech's online career center and resume submission page is hosted by a third party service provider. Your personal information is subject to the privacy policy of the third party service provider and Angiotech assumes no responsibility for use of your personal information by anyone other than Angiotech. Angiotech's use of your personal information is subject to our Privacy Policy (see the privacy policy link to view our Privacy Policy). There is a risk that your resume may be lost or intercepted by a third party if you submit it through the online career center. Angiotech cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the online career center. You agree not to provide any false or inaccurate biographical information.
7. Links
The Site may provide links to web sites operated by Angiotech's subsidiaries as well as web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by Angiotech. Angiotech does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Angiotech is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party web sites may contain information about uses of products that have not been approved or cleared by Health Canada, the U.S. Food and Drug Administration or other applicable regulatory agencies. Angiotech does not endorse the off-label use of any of our products.
In general, in the absence of any other agreement with Angiotech, you may link or hyper-link to the home page of the Site from your web site, subject to the following:
- (a) you notify us by email at webcc@angio.com specifying the URL of each page from which you will be linking to our home page;
- (b) you do not frame the Site or any portion of the Site;
- (c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
- (d) the link or hyperlink to the Site is not used in a way that suggests that Angiotech endorses you or your web site;
- (e) the link or hyperlink to the Site is not used or presented in any way that disparages Angiotech or tarnishes, blurs, or dilutes the quality of Angiotech's names or trademarks or any associated goodwill; and
- (f) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
8. Disclaimer
THE SITE AND ALL CONTENT CONTAINED ON THE SITE, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANGIOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ANGIOTECH MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS DESCRIBED IN THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANGIOTECH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGIOTECH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Stock Price Disclaimer
The stock price performance shown on stock quotes available on or through the Site are not necessarily indicative of future price performance. All content contained on the Site is for informational purposes only and no content (including without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. Angiotech will not be responsible for any trading or investment decisions made based on such content.
10. Securities Laws
Materials in this website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts and use words such as "anticipates," "believes," "continue," "estimates," "expects," "may," "will", "seeks", "plans", "intends" and other similar words or terms in connection with a discussion of Angiotech's plans and objectives for future operations or financial performance. All such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, events or developments to be materially different from the forward-looking statements, including: general economic and business conditions, both nationally and in the regions in which Angiotech operates; technology changes; competition; changes in business strategy or development plans; the ability to attract and retain qualified personnel; existing governmental regulations and changes in, or the failure to comply with, governmental regulations; liability and other claims asserted against Angiotech; and other factors referenced in Angiotech's regulatory filings with the United States Securities and Exchange Commission or the Canadian securities regulators. The Site and the information contained herein do not constitute an offer or 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 our securities filings or documents.
11. Limitation of Liability
IN NO EVENT SHALL ANGIOTECH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF ANGIOTECH WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Angiotech.
13. Indemnity
You agree to indemnify, defend and hold Angiotech, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
14. Void Where Prohibited
The Site and its contents are intended to comply with the laws and regulations in the U.S. and Canada. Although the information on the Site is accessible to users outside of the U.S. and Canada, the information pertaining to Angiotech products is intended for use only by residents of the U.S. and Canada. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. and Canada. Angiotech reserves the right to limit provision of its 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 the Site is void where prohibited.
15. General
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Angiotech's failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Canada, the laws, rules and regulations of Canada shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the courts located in Vancouver, British Columbia, Canada.
Angiotech may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Angiotech.
These Terms, the Privacy Policy , any operating rules, policies, or procedures that may be posted from time to time by Angiotech on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Sections 2, 3 (excluding the second paragraph), 4, 5, 6 and 8 through 17 shall survive termination of these Terms.
16. Acknowledgment
By accessing the Site, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
17. Contact Information
If you have any questions regarding these Terms or the Site, please contact Angiotech at webcc@angio.com.