Notwithstanding anything to the contrary in the foregoing, you are subject to all applicable laws and regulations and may be subject to certain additional agreements with Sucampo in addition to these Terms and Conditions of Use, which agreements may impact your ability to use our Websites. In the event that such agreements impose additional obligations on you not described in these Terms and Conditions of Use, those additional obligations will be considered to be a part of these Terms and Conditions of Use. Sucampo may revise these terms and conditions from time to time without further notice by updating this posting.
Website Not Intended for Investment Advice
The Website has been designed to provide general information about Sucampo and its products. These pages are not intended to provide investment advice.
No Medical Advice
Sucampo is not a health care provider. It does not render medical advice or services, and the information on our Websites should never be used as a substitute for the advice provided by your physician or other health care provider. You should not use this information to diagnose or treat a disease or health problem. You should instead always consult your physician or other health care provider for such medical advice or services.
Website Not Intended for Use by Children
This Website is not intended for children under the age of eighteen (18). We will not knowingly collect information from Website visitors under the age of eighteen (18).
Jurisdiction and Choice of Law
Please note that if and when they are available or become available, the products and services referred to on any of our Websites are, or will be, available in the United States The product and services may not be available in other countries. This site links to other sites produced by Sucampo’s various subsidiaries, some of which are outside the United States Those sites may have information that is appropriate only to that particular originating country. Sucampo 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 this Website is void where prohibited. Sucampo makes no representations that the information on our Websites is appropriate for visitors in countries other than the United States, which countries may have different legal or regulatory requirements, or indications for, or restrictions on, or medical practices, the sale or use of pharmaceutical products or information. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of our Websites resides.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the state of New York, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Websites shall be in the state or federal courts located in the state of New York.
Each of our Websites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the “Content”) is the property of either Sucampo or its licensors, and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by Sucampo subject to license, or subject to the fair use provisions of United States trademark and/or copyright laws and applicable provisions in other jurisdictions. Third-party trademarks are the property of their respective owners. All original Content used on our Websites is owned or licensed by Sucampo for use only on our Websites and in materials provided to health care professionals. Unless specifically noted, you understand and agree that you may not use any Content or third-party content appearing at our Websites, including in any publications, in public performances, for any commercial purpose, including in connection with products or services that are not those of Sucampo, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Sucampo and/or its licensors, that dilutes the strength of Sucampo’s or its licensor’s property, or that otherwise infringes Sucampo’s or its licensor’s intellectual property rights. Downloadable files are made available for your use subject to the terms herein, and may be used for personal or non-commercial use, provided that you do not violate any of the terms herein, and provided that the copyright notice of Sucampo appears in all copies of such information. With respect to materials provided to health care professionals, such health care professionals agree to comply with the terms described herein, and may only use Content or third-party content located at any of our Websites if approved in writing by us. Unauthorized use of any Content in any context is prohibited. Nothing contained herein shall be construed as conferring any license or right under any patent, copyright, or trademark of Sucampo. Please be advised that Sucampo actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Infringement Notification Policy
If you believe that your work has been copied in a way that constitutes copyright or moral rights infringement, please provide Sucampo with the following information. Please be advised that to be effective, notification must include ALL of the following:
Sucampo Pharmaceuticals, Inc.
Attn: Compliance Officer
805 King Farm Boulevard, Suite 550
Rockville, Maryland, 20850
United States of America
Acknowledgments, Representations and Warranties Related to Websites Where Information Can Be Uploaded or Downloaded
You understand and acknowledge that use of any of our Websites is at your own risk. Sucampo is not responsible or liable for any visitor postings or third-party content on any of our Websites, including biographical information provided by health care professionals. Sucampo is not liable for any Content on any of our Websites. You understand that we expressly disclaim any responsibility for any third-party information or material posted at any of our Websites. We have no responsibility for such content and are merely providing access to such content as a service to you.
We make no representations about the reliability of the features of any of our Websites, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. We make no representations regarding the amount of time any content or information will be preserved.
You participate in or operate and use uploaded information and other Website features at your own risk. If you are dissatisfied with any feature, operability, Content, third-party content, these Terms and Conditions of Use, other agreements we may impose as a condition of usage, or any other component of our Websites, your sole remedy is to discontinue use of our Websites.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
OUR WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SUCAMPO HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SUCAMPO BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF ANY OF OUR WEBSITES, THE INABILITY TO USE ANY OF OUR WEBSITES, AND/OR THE INFORMATION THAT ANY OF OUR WEBSITES CONTAIN, REGARDLESS OF WHETHER SUCAMPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCAMPO HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR WEBSITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES LINKED TO ANY OF OUR WEBSITES. SUCAMPO DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES. ANY INFORMATION PRESENTED ON THE WEBSITE AS OF A PARTICULAR DATE MAY ONLY BE ACCURATE AS OF SUCH DATE. SUCAMPO DISCLAIMS ANY RESPONSIBILITY TO UPDATE SUCH INFORMATION.
SUCAMPO ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEBSITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL SUCAMPO’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SUCAMPO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY VENDORS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY AND DEATH, REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF SUCAMPO, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE OF ANY OF OUR WEBSITES, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH OUR WEBSITES, (ii) YOUR BREACH OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOR ON THE PART OF YOU OR YOUR DEPENDENTS, OR (iii) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT OF ANY PERSON. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.
Visitor Submissions to a Website
If any visitor of our Websites makes any voluntary submission (such as questions, comments or suggestions) to Sucampo, whether oral, written or electronic, no confidential relationship shall be established between the visitor and Sucampo. The visitor’s submission, and any information submitted with it, shall be considered non-confidential and shall be considered the sole and exclusive property of Sucampo. You agree that such submission constitutes a “work for hire,” under United States copyright law. You agree to assign all rights in and to your submission to Sucampo. Sucampo shall have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. Sucampo shall be free to use or transmit to others any ideas, concepts, information or techniques contained in the visitor’s submission and accompanying materials for any purpose whatsoever, including but not limited to research, development, manufacture, use or sale of any products or ingredients incorporating or relying on such information.
Present or Future Employment with Sucampo
Should you become employed with Sucampo, none of the information or materials on any of our Websites shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on any of our Websites shall affect the employment relationships between Sucampo and its current, former or future employees.
Links to Other Websites
Our Websites may from time to time contain links to other third-party websites or other Internet information sources (“Third-Party Sources”). These links are provided as a convenience to visitors and do not constitute an affiliation with such Third-Party Sources or third parties. They are not an endorsement, sponsorship or recommendation by Sucampo of, or make us responsible for: (i) the third parties, (ii) the linked Third-Party Sources, or (iii) any content, services, or products available on or through such Third-Party Sources.
In the event that any provision of these Terms and Conditions of Use shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the remainder of these Terms and Conditions of Use shall not be affected in any way thereby.
This Website contains forward-looking statements about Sucampo’s financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Sucampo products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of Sucampo’s patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. A further list and description of these and other risks, uncertainties and other matters can be found in Sucampo’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available on this Website and at www.sec.gov. Sucampo assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.