Proherant Health, Incorporated is pleased to provide you with the materials on our web site for general informational and educational purposes. Please carefully read these Terms and Conditions of Use relating to the use of our web site. By using our web site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our web site. We reserve the right to revise these Terms and Conditions or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our web site.
Throughout these Terms and Conditions of Use, the words "we," "us," "our" and "Proherant" refer to Proherant Health, Incorporated and all of its business divisions and affiliates, collectively.
1. Intellectual Property Rights
All content of our web site, including any images or text, is protected by copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in our web site without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this web site shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Proherant or any third party. Please be advised that Proherant actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Proherant Health, Incorporated is a registered service mark of Proherant. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Proherant, its affiliates, related companies, or, the manufacturers or its licensors, or joint venture partners unless otherwise noted. All other service marks, trademarks and trade names are property of their respective owners. The use or misuse of these trademarks, copyrights, or 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 statues, and other laws, statues and/or regulations.
3. Third Party Web Sites & Links
This web site may contain links or references to other web sites maintained by third parties (Information Providers) over whom Proherant has no control. The links to third party web sites are provided solely as a courtesy and convenience for you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked web sites is not part of our web site. We do not review or control the content of third party sites. Proherant makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites. We expressly disclaim any responsibility for the content of any third party sites linked to our web site. We urge you to use discretion when you access any third party sites linked to our site.
You are provided a hyperlink to a third-party SEC Filings site to review our filings with the U.S. Securities and Exchange Commission. This link is for informational purposes only and not for trading or investment purposes. Proherant does not maintain or provide information directly to this site. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through the filings site. We will not be liable in any way for:
- any inaccuracies or errors in, or omission of any such information or data or any delays in the transmission of any such information or data,
- any actions taken in reliance on any information or data displayed or
- any damages resulting from any nonperformance, interruption or termination of the information or data, no matter what the cause is of such nonperformance, interruption or termination.
We do not assume any duty of disclosure beyond that required by law, and expressly disclaim any duty to update any information set forth in our filings with the SEC. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.
4. Cautionary Statement
In addition to historical facts, certain matters discussed at this website may constitute forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements are not guarantees of future performance and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy and some of which might not even be anticipated. Such statements may be identified by words such as anticipate, believe, estimate, expect, intend, predict, hope, may, should, will, could, plan, or similar expressions. Future events and actual results could differ materially from those identified or contemplated by such forward-looking statements. Important factors that could contribute to such differences are set forth in the Company's periodic and other filings with (and publicly available through) the SEC or by calling the Company at 877-222-7663. Such factors would include, without limitation, the loss of a biopharmaceutical relationship, our inability to sell existing products, difficulties integrating acquisitions, the impact of pharmaceutical industry regulation, the difficulty of predicting FDA and other regulatory authority approvals, the regulatory environment and changes in healthcare policies and structure, acceptance and demand for new pharmaceutical products and new therapies, the impact of competitive products and pricing, the ability to obtain products from suppliers, reliance on strategic alliances, the ability to expand through joint ventures and acquisitions, the ability to maintain pricing arrangements with suppliers that preserve margins, the need for and ability to obtain additional capital, the seasonality and variability of operating results, the Company’s ability to implement its strategies and achieve its objectives and the risks and uncertainties described in reports filed by Proherant with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, including without limitation, cautionary statements under the heading “Risk Factors” made in Proherant's Annual Report on Form 10-K for its year ended June 30, 2003.
THE CONTENT OF OUR WEB SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PROHERANT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF OUR WEB SITE OR THE INABILITY TO USE OUR WEB SITE, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL PROHERANT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Medical and pharmaceutical information on this site is provided for educational purposes only and is not meant to be a substitute for professional medical advice. This site does not address all possible uses, actions, precautions, side effects, or interactions of drugs, nor does it provide comprehensive information concerning any particular disease or medical condition. You should not use the information contained herein for diagnosing a health problem or disease. Proherant recommends that all individuals consult with a physician before following the recommendations of any content provided on this site. If you have any questions about the risks or benefits of taking a particular drug or about a specific health condition, you should consult a physician. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of something that was read on this Site. In no event shall Proherant be liable for a decision or action taken in reliance on the information contained on this site.
We do not warrant that the functions contained in our web site are free of computer viruses or other harmful components. Although we make a good faith effort to update the content of our web site periodically, we do not have a duty to update information contained in our web site, and we will not be liable for any failure to update such information. We do not assume any responsibility or liability for the accuracy, completeness, currency, reliability or usefulness of the information disclosed or accessed through our web site. It is your responsibility to verify any information contained in our web site before relying upon it. You agree that access to and use of this website and the content thereof is at your own risk.
6. Choice of Law and Jurisdiction
Our web site is operated from our offices in the state of Tennessee, U.S.A. These terms and conditions will be governed by and construed in accordance with the laws of the United States of America and more particularly of the state of Tennessee without regard to any conflict of law provisions thereof. Proherant makes no representation that materials or services at this Site are appropriate or available for use outside the U S, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
8. Entire Agreement
These Terms and Conditions represent the entire agreement between you and Proherant relating to the subject matter herein and shall not be modified except by Proherant as provided herein or through a written document signed by both parties.
9. Copyright rights
Unless otherwise provided, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Proherant or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Service confers on you any license or right under any copyright of Proherant or any third party.
The Service and the information contained in the Service are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Proherant. Modifications of the contents of the Service are a violation of Proherant's copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Service should be addressed to WebSite Information, Medco, 100 Parsons Pond Drive, Franklin Lakes, NJ 07417; e-mail: firstname.lastname@example.org.
You may freely browse this Service and download materials contained on this site for your personal, non-commercial use. However, no material or images from this Service may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without the express written permission of Proherant.
10. Notice of copyright infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide Proherant’s Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that Proherant may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- 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.
Proherant's Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows:
Medco Health Solutions, Inc.
100 Parsons Pond Drive
Franklin Lakes, NJ 07417
Proherant will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above. United States law provides significant penalties for submitting such a statement falsely.