Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://www.corium.com/ (the “Site”) offered by Corium, LLC. (“Corium”).
Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.
Changes to these Terms or the Site. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Site anymore. Because our Site are evolving over time we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Who May Use the Site? You may access and use the Site only if you are 18 years or older, capable of forming a binding contract with Corium, and are not barred from accessing the Site under applicable law.
Non-Confidential Information. You agree that any information that you submit or communicate to Corium will be treated by us as non-confidential and non-proprietary information. Corium shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. Personal information that you provide to us will be treated in accordance with our Privacy Policy.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Site Content. The entire contents of this Site are subject to copyright protection, and owned by Corium or its licensors. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any material on this Site for public or commercial use without prior written approval of Corium. You may not “mirror” any material contained on this Site on any other server without prior written permission from Corium. All rights not granted are reserved by Corium.
Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Corium, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
General Prohibitions and Corium's Enforcement Rights. You agree not to do any of the following:
(a) Use, display, mirror or frame the Site or any individual element within the Site, Corium's name, any Corium trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Corium's express written consent;
(b) Access, tamper with, or use non-public areas of the Site, Corium's computer systems, or the technical delivery systems of Corium's providers;
(c) Attempt to probe, scan or test the vulnerability of any Corium system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Corium or any of Corium's providers or any other third party (including another user) to protect the Site;
(e) Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Corium or other generally available third-party web browsers;
(f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(g) Use any meta tags or other hidden text or metadata utilizing a Corium trademark, logo URL or product name without Corium's express written consent;
(h) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
(l) Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the foregoing.
Corium is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. Inclusion of any third party link does not imply an endorsement or recommendation by Corium. We provide access only as a convenience and are not responsible for the content, products or Site on or available from those resources or links displayed on such websites. Corium makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Site, the following Sections will survive: 8, 9, 11, 12, 13, 14, 15, and 17.
Warranty Disclaimers. THE SITE (INCLUDING ITS CONTENT) IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE. CONTENT MAY BECOME OUT OF DATE AND MAY INCLUDE OMISSIONS OR OTHER ERRORS. CORIUM MAY CHANGE THE INFORMATION AND CONTENT PROVIDED ON THE SITE AT ANY TIME WITHOUT NOTICE. CORIUM PROVIDES THE SITE AND CONTENT FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND CONTENT ARE NOT A SUBSTITUTE FOR AND DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT OF ANY KIND. THE CONTENT MADE AVAILABLE ON OR THROUGH THE SITE SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. FOR MEDICAL ADVICE, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL. YOUR USE OF THE SITE OR ANY COMMUNICATION WITH CORIUM DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND CORIUM. IN ADDITION, NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUCTED AS A PROMOTION OR SOLICITATION OF ANY PRODUCT OR MEDICAL DEVICE PROHIBITED BY UNITED STATES LAWS.
Indemnity. You will indemnify and hold Corium and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site or its content or (b) your violation of these Terms.
Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CORIUM, ITS THIRD PARTY PARTNERS, OR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES), OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CORIUM, ITS THIRD PARTY PARTNERS, OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL CORIUM'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CORIUM AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or content will be the state and federal courts located in the District of Delaware, and you and Corium each waive any objection to jurisdiction and venue in such courts.
Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Corium products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Corium reserves the right to limit provision of its products or Site to any person, geographic region or jurisdiction and/or limit the quantities or any products or Site we provide. Any offer for any product or Site made on this Site is void where prohibited.
General Terms. (a)Reservation of Rights. Corium and its licensors exclusively own all right, title and interest in and to the Site and its content, including all associated intellectual property rights. You acknowledge that the Site are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
(b)Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Corium and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Corium and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Corium's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Corium may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c)Notices. Any notices or other communications provided by Corium under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d)Waiver of Rights. Corium's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Corium. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Site, please contact Corium at:
Corium, LLC
11 Farnsworth Street
4th Floor
Boston, MA 02210
