Terms of Use - Emmaus Medical, Inc.

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

Welcome to emmausls.com. This Web site is owned and operated by Emmaus Life Sciences, Inc. of Torrance, CA, USA (“Emmaus”).

This Web site and its contents are designed to comply with U.S. laws and regulations.

1. Acceptance.
By using emmausls.com, you agree to be bound by and to comply with this Terms of Use Agreement (“Agreement”). Emmaus reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they become effective, within the current Terms of Use Agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.

2. Scope.
The terms of use set forth in this Agreement apply only to your use of emmausmedical.com. Emmaus authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

3. Medical Information/Conditions.
While there may be information on this Web site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider. We do not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described in this, or any, Web site is appropriate for you.

PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEB SITE.

4. Description of Services.
This Web site contains material about Emmaus and its products in development. Certain sections of this Web site are intended for particular audiences including Emmaus's employees, customers and shareholders, as well as to members of the health care community and the general public. Please feel free to browse this Web site, as appropriate. Your access to and use of the information contained herein is subject to this Agreement and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, this Agreement and acknowledge that it supersedes any other agreement between you and Emmaus.

5. Representation.
As a user of this Web site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation, and affiliations.

Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Site, such information shall be deemed to be non-confidential and Emmaus Medical, Inc., 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. Emmaus Medical, Inc. shall be free to use any ideas, concepts, 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.

6. Registration and Privacy.
Please refer to Emmaus's Internet Privacy Policy for information on our registration processes and how we protect your personal information.

7. Links to Other Web sites.
Links to third party Site on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Emmaus has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Furthermore, Emmaus does not endorse or make any representations about them, or any information, or products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

8. Disclaimers.
THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMMAUS OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF EMMAUS AND OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO EMMAUS, IF ANY, FOR ACCESSING THIS WEB SITE.

10. Applicable Laws.
This Site is administered by Emmaus Medical, Inc. from its offices in Torrance, California. Emmaus makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of laws.

11. Consequences.
Emmaus Medical, Inc. reserves the right to suspend or terminate immediately and without notice your access to this website if in our sole discretion you violate the Terms of Use Agreement or any other term or condition of use posted on this web site. If your violation causes harm to others, you agree to indemnify and hold Emmaus harmless from and against any and all loss, damage, or expense. If you have any problems with this web site or your use of this web site or with these Terms of Use, your sole and exclusive remedy is to cease using this web site.

12. Disputes.
If any dispute arises between us regarding this Agreement or your use of this Site, it shall first be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13. Images.
Images of any people or places displayed on the Site are either the property of, or used with permission by Emmaus Medical, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

14. Intellectual Property:
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Emmaus Medical, Inc. and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Emmaus or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Emmaus will aggressively enforce its intellectual property rights to the fullest extent of the law.

COPYRIGHT NOTICE
Copyright © 2011 Emmaus Medical, Inc. All rights reserved.
Emmaus Medical, Inc. hereby authorizes you to copy materials published by Emmaus Medical, Inc. on this Web site for personal, non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices contained herein. Each Emmaus Medical, Inc. and non-Emmaus site to which this site links remains subject to its own copyright notice. These materials cannot be distributed, modified, posted on a Web site or used for public or commercial purposes. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Merck & Co., Inc., or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Emmaus Medical, Inc. copyright.