(Updated and Effective: August 2018)
Tolero Sites are intended for lawful use by U.S. adults only. You may use our website only if you can form a legally binding contract. Submission of information through this website by anyone under the age of 13 is strictly prohibited. All information provided on Tolero Sites is for general informational and educational purposes only. Certain sections of Tolero Sites, or certain Tolero Sites, may be intended for use by healthcare professionals only. In those cases, healthcare professionals will be asked to self-identify before proceeding to such pages or Sites.
Availability of the Site
Right to Alter or Remove Content; Right to Suspend Accounts
Medical Information Provided is Not a Substitute for Medical Advice and Attention
Use of Website
You may not (a) decompile, disassemble, or reverse engineer the website or any portion thereof, (b) attempt to gain unauthorized access to the website, any portion thereof or any other computer systems or platforms through the Website, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the website or any content on website, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the website to its source. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
The information included in (or accessible from) this or any Tolero Site may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of Tolero’s pharmaceuticals under development. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of Tolero’s patent protection with respect to such product candidates; the commercial success of Tolero’s products; the ability of the company to attract and retain qualified personnel; the performance of Tolero’s licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.
Third-Party Websites and Links
Certain links on Tolero Sites may lead to sites or sources located on servers maintained by third parties over which Tolero has no control. If you use these links, you will leave Tolero’s Sites. Please remember that linked sites are not necessarily Tolero sites and the information could change without Tolero’s knowledge. Third-party linked sites and their contents should not be attributed to Tolero (or any of its affiliated companies) in any manner. Tolero has not attempted to verify the truth or accuracy of any third-party content and does not make any representations or warranties about them. Such links are provided for your convenience only.
This Site may make chat rooms, forums, listservs and message boards available to its users. By accessing and using any such features, or by, in any other manner, sending information to Tolero, you represent that you are solely responsible for all the content, including, but not limited to, text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail, or otherwise transmit via this Site. You represent by posting that your User Content complies with all applicable laws and regulations, including, but not limited to, the Digital Millennium Copyright Act. If you submit information through this website, you must provide accurate and complete information, and you agree to update your information to keep it accurate and complete.
You will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Sites by you or by others using your username and password. You also grant us a royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the materials you post or submit via such features. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any relevant jurisdiction. Notwithstanding the foregoing, Tolero will not seek indemnification from you from any losses, expenses, claims, damages, or costs, including reasonable attorneys’ fees, resulting from its own conduct.
If you believe that material on our Sites infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:
In care of: Sunovion Pharmaceuticals Inc.
Attn: Legal Affairs, Corporate Secretary
84 Waterford Drive
Marlborough, MA 01752
Or by email to: GCOffice@sunovion.com
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
No confidential relationship shall be established in the event that any user of this Site should make any oral, written, or electronic response to Tolero (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered nonconfidential, and Tolero shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
INFORMATION ACCESSED THROUGH ANY TOLERO SITE IS PRESENTED IN SUMMARY AND INTERACTIVE FORM AND IS NOT EXHAUSTIVE. TOLERO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOLERO MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TOLERO MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY SERVICES OBTAINED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusions may not apply. This exclusion applies in New Jersey.
LIMITATION OF LIABILITY
TOLERO SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY INFORMATION PROVIDED ON OUR SITES. IN NO EVENT WILL TOLERO, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE.
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “Tolero” INCLUDES NOT ONLY TOLERO, INC., BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
IN NO EVENT SHALL TOLERO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER TOLERO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (A) TO THE BODY OR PERSON; OR (B) CAUSED BY TOLERO’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST TOLERO MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by Tolero or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of Tolero. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
Names, trademarks, service marks, trade names, trade dress, logos, and Tolero products appearing on this site, including the "Tolero" logo, are trademarks and service marks owned by Tolero Pharmaceuticals, Inc. or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Tolero, except with the express written permission of Tolero. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Tolero or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Tolero copyright or trademark.
Tolero is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where Tolero suffers damage. No license is granted to you to use any trademark of Tolero or affiliates. You shall not assert any claim or ownership to any such trademarks.
Tolero gives you permission to copy pages of Tolero Site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.
Governing Laws; Enforcement