Your Agreement to the Terms and Conditions
By accessing or using this website (the “Website”), which is owned and operated by Mayne Pharma Group Limited and its Affiliates (“Mayne Pharma,” “we,” “us” or “our”), you agree that you have read, understand, and agree to be bound by these Terms & Conditions, as they may be amended from time to time. “You” means any individual or entity who uses the Website; if you use it as an employee or agent for someone else, “you” means both the person using it and their principal. “Affiliates” means any entity controlling, controlled by, or under common control with Mayne Pharma Group Limited, and for the purposes of this definition, “control” shall mean the ownership, directly or indirectly, in excess of 50% of the voting interest in, or the power to direct the management of any such entity. We reserve the right to change the terms, conditions, and notices under which the Website is offered. You can determine when we last updated these Terms & Conditions by referring to the “Last Updated” legend at the bottom of these Terms & Conditions. You are responsible for regularly reviewing these Terms & Conditions.
The Website is primarily provided for use by members of the health care community, and our existing or potential customers and their representatives for general informational and educational purposes (the “Purpose”). You may not access or use the site for your own profit-making or other purposes. You may not extract data from the Website (including by “scraping” or other methods) and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information (defined below) obtained from the Website (except as allowed under any additional contract you enter into with us).
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of Information from the different areas of the Website solely for your own use in furtherance of the Purpose, or merely to inquire about Mayne Pharma products. Any other use of Information on this Website, including but not limited to the extraction, modification, reproduction, distribution, republication, display or transmission of such Information, without prior written (non-electronic) permission of Mayne Pharma is strictly prohibited.
You acknowledge and agree that:
All text, design, graphics, images, sound files, animation, video, interfaces, data, analysis, software information, documents, and related content and the selection and arrangement thereof appearing or included from time to time on or in relation to the Website or to related websites included in this Website, including without limitation the Marks (the “Information”), are the sole property of Mayne Pharma or its licensors, and all rights not expressly granted herein are reserved. Information includes all works that are licensed to Mayne Pharma.
All trademarks, service marks, and trade names, including without limitation those set forth below (collectively, the “Marks”), are trademarks of and are proprietary to Mayne Pharma, or other respective owners. The unauthorized use of the Marks is strictly prohibited. MAYNE PHARMA and the MAYNE PHARMA logo, METRICS CONTRACT SERVICES and the METRICS CONTRACT SERVICES logo are trademarks of Mayne Pharma.
Limitation of Liability
IN NO CIRCUMSTANCES WILL MAYNE PHARMA, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR ANY INFORMATION, EVEN IF MAYNE PHARMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Mayne Pharma, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing this Website using your Internet account.
These Terms & Conditions and your access to the Website may be terminated at any time by us without notice. All restrictions, disclaimers and limitations of liability by us will survive termination, however, you will be no longer authorized to access the Website.
The use of these Terms & Conditions by residents of the United States of America and its territories and possessions (“US Residents”) is governed by and construed in accordance with the laws of the United States of America and the State of North Carolina. US Residents irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Raleigh, North Carolina. The use of these Terms & Conditions by non-US Residents is governed by and construed in accordance with the laws of Victoria, Australia. All non-US Residents irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.
Last Updated: January 2021