READ THIS AGREEMENT CAREFULLY BEFORE BROWSING THE WEBSITES. USING THE WEBSITES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THIS AGREEMENT. YOU CANNOT USE THE WEBSITES IF YOU DO NOT ACCEPT THIS AGREEMENT.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
THE WEBSITES ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL CARE BY AN APPROPRIATE HEALTH CARE PROVIDER. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION FOR DIAGNOSIS AND TREATMENT AND THE APPROPRIATE USE OF ANY AVANIR PRODUCT OR SERVICE. THE CONTENT AND SERVICES ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY.
Use of the Websites is intended solely for users who are at least 18 years of age. Individuals under the age of 18 are prohibited from using the Websites. If you are not 18 years old, you must have the permission of an adult to use the Websites and agree to this Agreement, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Websites. No part of our Websites are designed with the purpose of attracting children under the age of 13.
2. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Avanir regarding the Websites, and supersedes and replaces any prior agreements or communications between you and Avanir. If any portion of this Agreement is declared or held unlawful, invalid, or unenforceable, then such portion of the Agreement will be deemed severed and will not affect the validity or enforceability of the remainder of the Agreement.
3. COPYRIGHTS AND TRADEMARKS
To the best of our knowledge, Avanir owns or has the right to use all of the Content and the copyrights, patents, trade secrets, right of publicity, and other intellectual property rights or proprietary rights therein, unless otherwise noted. You may review, download, and/or print one copy of the Content, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content on your own or on any other website, or make any other use of it. Such copying, modification, distribution or transmission, display, or use is a breach of the Agreement and may infringe Avanir’s trademarks, service marks, copyrights, copyrights licensed to Avanir, rights of privacy and publicity of Avanir employees and others, and other intellectual property rights owned or licensed by Avanir.
B. Notice and Procedure for Making Claims of Copyright Infringement
Avanir respects the intellectual property rights of others. We will not knowingly host or otherwise maintain content that infringes the copyright rights of others. As such, Avanir has designated an agent to receive notifications of alleged copyright infringement on the Websites. If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice including all of the following information: (1) a description of the work; (2) a description of the location of the work on the Websites, including the URL; (3) your name, address, telephone number, and email address; (4) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials as follows:
DMCA Designated Agent
30 Enterprise, Suite 400
Aliso Viejo, CA 92656
A. Links to the Website
You may create a link from your website to the home page of our Websites, without prior written permission, through a plain-text link. You may not use any trademarks or service marks as links to the Websites from other websites, or as machine-readable search terms such as metatags. Avanir reserves the right to revoke your permission to link to the Websites at its absolute and sole discretion. Any third party website that links to the Websites agrees that it: (1) will not create a frame around content of the Websites; (2) will not replicate the content of the Websites; (3) will not state or imply that Avanir sponsors or endorses the third-party website; (4) will not libel or present false or misleading information of any kind, including defamatory or disparaging information about Avanir; (5) will not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate; or (6) otherwise adversely impact Avanir. The posting or creation of any link to the Websites signifies that you have read and agree to abide by this Agreement. If you believe that any third-party website that links to the Websites contains illegal, offensive, or inappropriate content, please contact Avanir.
B. Links from the Website
Links to other websites or internet locations controlled, owned, and operated by third parties (“third-party sites”) from the Websites have been provided only for your entertainment or convenience. Avanir does not endorse, sponsor, or approve of any content of such third-party sites. Avanir has no control over any third-party sites that you may access through the Websites, and is not responsible for the content, accuracy thereof, or any such website or location. If you access any other website or Internet location through the Websites, you do so at your own risk. If you believe that any link on the Websites leads to an illegal, offensive, or inappropriate website, please contact Avanir.
5. PERSONAL INFORMATION
6. USER CONTENT
For your convenience, information, or entertainment, the Websites may offer you Services including but not limited to the opportunity to submit content (“User Content”) in connection with various features of the Websites, blog posts, questionnaires, images, articles, and to register to receive information, newsletters, and alerts.
Avanir has the right, but not the obligation, in its sole discretion, to review, edit, or delete any User Content in any Website that: (1) violates any term of this Agreement; or (2) is otherwise illegal, offensive, or inappropriate. Upon such violation, Avanir will have the sole discretion to terminate your access to the Websites.
Avanir has the right, but not the obligation, in its sole discretion, to review, edit, or delete any Content transmitted in any Service that: (1) violates any term of this Agreement; or (2) is otherwise illegal, offensive, or inappropriate. Upon such violation, Avanir will have the sole discretion to terminate your access to the Website. Avanir reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing Avanir to disclose Personal Information of anyone who uses the Website and/or the Services.
You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Content that makes you personally identifiable. You may not imply that your User Content is in any way sponsored or endorsed by Avanir.
Although Avanir may from time to time monitor or review User Content submitted in response to blog posts, questionnaires, articles, and the like on the Websites, Avanir is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any User Content in any Websites does not constitute approval or endorsement by Avanir. If you believe that any User Content on the Websites is illegal, offensive, or inappropriate, please contact Avanir.
User Content submitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, information, images, or the like are, and will be treated as, non-confidential and nonproprietary. By submitting User Content to the Website and/or using any Websites, you acknowledge that any information disclosed by you therein may be used by Avanir in any manner it sees fit, including, for example, in connection with marketing and advertising campaigns, publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
By posting User Content on the Websites, you automatically grant to Avanir an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide right and license to: (1) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute your User Content; (2) prepare derivative works of your User Content or incorporate your User Content into other works; and (3) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any use of your User Content by Avanir does and will not infringe or violate the rights of any third party.
7. USER CONTENT POSTED BY MINORS
If you are less than 18 years of age (a “Minor”), you or your parent or guardian can request the removal of the Minor’s User Content that you posted on the Website. To do so, please send an email to email@example.com and include the following information:
- a link to the Website location where the Minor’s User Content is posted; and
- the specific User Content of the Minor you are requesting to have removed from the Website.
The removal of the Minor’s User Content does not ensure complete or comprehensive removal of the Minor’s User Content posted on the Websites (e.g., the content may remain on Avanir’s servers in some form). Avanir will not remove the Minor’s User Content if:
- any other provision of federal or state law requires Avanir to maintain the Minor’s User Content;
- the Minor’s User Content is stored, republished, or reposted to the Website by a third party other than the Minor;
- Avanir anonymizes the User Content posted by the Minor, so that the Minor cannot be individually identified; or
- the Minor has received compensation or other consideration for providing the User Content.
8. SOCIAL MEDIA
Avanir maintains social media pages on various websites (including, but not limited to Facebook and Twitter). You may be able to use your social media account to access the Websites. Avanir welcomes you to post, comment, and interact on these social media pages with Avanir and other users of the Websites. However, you assume all risk for your interactions with other users, including online interactions and physical interactions. All of your activity on the social media sites is considered User Content for purposes of this Agreement.
All of your activity on Avanir’s social media pages are bound by the terms and conditions of the social media websites as displayed on those websites. Avanir has the right, but not the obligation, in its sole discretion, to review, edit, or delete any content and posts from Avanir’s social media pages that are illegal, offensive, or inappropriate.
9. CONSENT FOR SMS/TEXTING SERVICES; SMS OPT-IN; TCPA
Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Consent may be revoked at any time and by reasonable means, as described below.
A. Consent for SMS/Texting Services
If you provide a mobile number to Avanir, you consent to receive information about copay cards, dosage and pill refill reminders, and/or other information about Avanir, its research, its products, medical conditions, and/or other information via text and/or SMS to your mobile device. You may receive approximately nine text and/or SMS messages per month from us. While Avanir does not charge to send or receive text messages, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees. Supported mobile service providers include: Verizon Wireless, Sprint, Nextel, Boost, T-Mobile®, AT&T, MetroPCS, CellCom, C-Spire Wireless, Carolina West Wireless, U.S. Cellular, Google Voice, Cellular One of ECI, Golden State Cellular, Northwest Missourri Cellular, SRT Wireless, Chariton Valley Cellular, IOWA Wireless, Panhandle TelecomS Systems, Texas RSA 3 Ltd, Chat Mobility USA, Illinois Valley Cellular, Peoples Wireless, Thumb Cellular, Copper Valley, Immix, Pine Belt Wireless, Union Telephone Co., Coral Wireless (Mobi PCS), Inland Cellular Telephone Co., Pine Cellular, United Wireless, Cross Telephone Company, Leaco, Revol Wireless USA, Viaero Wireless, Duet IP, Mosaic, RINA, West Central Wireless, Element Mobile (Flat Wireless), MTA Communications, Sagebrush Cellular (Nemont), Epic Touch (Elkhart Telephone), MTPCS, SI Wireless/Mobile Nation, GCI Communications Corp, Nex-Tech Wireless, SouthernLinc. Please note T-Mobile is not liable for delayed or undelivered messages.
We may modify or terminate our messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party.
B. SMS Opt-In and Opt-Out
- AvanirInfo - To receive SMS messages from AvanirInfo, you must opt-in to such message by replying JOIN to a SMS message that will be sent by Avanir or its service provider to you. If you opt-in to such SMS message program, you consent to the receipt of recurring messages from Avanir or its service provider and such messages may be sent using an automatic telephone dialing system. To cancel such text messaging, send STOP to 27406 or opt-out through the preference center.
For help or information regarding text messaging, send HELP to 27406 or contact Avanir customer service at 855-468-3339. You expressly consent to receipt of a text message to confirm your “STOP” request. Standard message and data rates apply.
To receive SMS messages from PBAInfo, you must opt-in to such message by replying JOIN to a SMS message that will be sent by Avanir or its service provider to you. If you opt-in to such SMS message program, you consent to the receipt of recurring messages from Avanir or its service provider and such messages may be sent using an automatic telephone dialing system. To cancel such text messaging, send STOP to 94235 or opt-out through the preference center.
For help or information regarding text messaging, send HELP to 94235 or contact Avanir customer service at 855-468-3339. You expressly consent to receipt of a text message to confirm your “STOP” request. Standard message and data rates apply.
C. Telephone Consumer Protection Act (“TCPA”)
When you visit the Websites, text, call, fax, or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (1) emailing the email address indicated in your communications with us; (2) texting, calling or faxing the number indicated in your communication with us; (3) posting general notices on the Websites; or (4) posting messages that are displayed to you when you log in to or access the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, communications between you and Avanir, including phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded to enhance service to you. You consent to this monitoring and recording. You agree that Avanir may from time to time make calls, send emails, fax, and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these communications are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Avanir may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law.
10. PROHIBITED USES
The Websites are offered solely for your own personal, informational, non-competing use. You must use the Websites in a responsible manner. In addition to the requirements set forth in other sections of this Agreement, you agree not to access or use the Websites in any manner that, including transmitting any User Content that:
- restricts or inhibits any other user from using and enjoying the Websites;
- is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;
- collects information about others, including but not limited to users’ e-mail addresses or other personal information;
- constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law;
- violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right;
- imposes an unreasonable load on the Websites’ infrastructure;
- reverse engineers or decompiles the software comprising or included in the Websites;
- contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;
- collects information about others, including but not limited to users’ e-mail addresses or other personal information;
- constitutes or may be perceived or interpreted as medical or health care advice;
- constitutes or may be perceived or interpreted as financial or investment advice;
- contains a virus or other harmful component;
- contains any information, software, or other material of a commercial nature;
- contains advertising, promotions, or commercial solicitations of any kind, including but not limited to spam, chain letters, and pyramid schemes;
- constitutes or contains false or misleading indications of origin or statements of fact;
- contains material irrelevant to the subject matter of the Websites; or
- for any purpose not expressly authorized by this Agreement.
Avanir has the right, but not the obligation, in its sole discretion, to review any user activity on the Websites. Avanir will have the sole discretion to terminate your access to the Websites in the event you: (1) violate any term of this Agreement; or (2) conduct any activity on the Websites that is otherwise illegal, offensive, or inappropriate.
11. DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THE WEBSITES, ARE PROVIDED “AS IS,” AND ALL USE OF THE WEBSITES IS AT YOUR OWN RISK. AVANIR DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF AVANIR, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT AVANIR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Avanir does not guarantee, warrant, or make any representations regarding the use of the information or materials on the Websites in terms of its correctness, accuracy, reliability, or otherwise, and information on the Websites may contain technical inaccuracies or typographical errors. For example, some information or materials on the Websites is provided courtesy of third parties. While Avanir uses reasonable efforts to include accurate and up-to-date information on the Websites, errors or omissions may occur. In addition, information may be changed or updated without notice. PLEASE DO NOT RELY ON THE ACCURACY OF ANY INFORMATION ON THE WEBSITES TO MAKE ANY HEALTHCARE DECISION. PLEASE TALK TO YOUR HEALTHCARE PROFESSIONAL REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION.
Statements from third-party users may contain opinions, viewpoints, advice, offers, or other third-party content. All such third-party content is solely the responsibility of the respective authors thereof and should not necessarily be relied upon.
AVANIR DOES NOT: (1) GUARANTEE THE ACCURACY, LEGITIMACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE, OR (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY OPINION, ADVICE, OR STATEMENT. UNDER NO CIRCUMSTANCES WILL AVANIR BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THIRD-PARTY STATEMENTS OR OTHER CONTENT POSTED ON THE WEBSITE, OR OTHERWISE TRANSMITTED TO OR BY ANY USERS.
12. LIMITATION OF LIABILITY
USE OF THE WEBSITES IS AT YOUR OWN RISK. IN NO EVENT WILL AVANIR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, THE CONTENT, THE SERVICES, OR ANY OTHER HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DEATH, DISABILITY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF AVANIR IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Avanir from and against all liabilities, claims, expenses, or demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Websites, your use of the Websites, your violation of the Agreement, or your violation of any rights of another.
14. NO WAIVER
The failure of Avanir to enforce any provision of the Agreement, or to respond to a breach of the Agreement, by you or other parties does not in any way constitute a waiver of Avanir’s rights to subsequently enforce any provision of the Agreement against you or any other party.
Subject to applicable laws and regulations, Avanir may give notices to users of the Websites, at Avanir’s option, by posting a message on the Websites, by e-mail, by text or by regular mail.
16. LOCATION AND GOVERNING LAW
The Websites are controlled, operated and administered by Avanir from its offices within the United States of America. Avanir makes no representation that materials on the Websites are appropriate or available for use at locations outside of the U.S. and access to any such materials from territories where their contents are illegal is prohibited. You may not use the Websites or export the Content in violation of U.S. export laws or regulations. If you access the Websites from a location outside of the U.S., you are responsible for compliance with all applicable local laws and regulations.
The Agreement and all matters relating to your access to or use of the Websites, including all disputes, shall be governed by and construed in accordance with the laws of the state of California, without regard to choice of law or conflicts of law principles.
You hereby agree that any and all disputes arising out of or in connection with using the Websites shall be resolved by arbitration pursuant to this provision and the code of procedures of either the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by Avanir. The arbitration shall be held in California. To the extent the parties are permitted under this Agreement to initiate litigation in court, any litigation against Avanir may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
17. U.S. GOVERNMENT RIGHTS
To the extent any part of the Websites are found to be commercial computer software, as such term is defined in 48 C.F.R. §2.101, if you are an agency of the U.S. Government or any contractor thereof, you receive only those rights with respect to the Websites as are granted to all other users under license, in accordance with (1) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (2) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
18. CHANGES THE TO AGREEMENT; ASSIGNMENT
The Agreement is effective as of the date first written above. Avanir reserves the right to modify the Agreement at its sole discretion at any time and without prior notice. If Avanir decides to change the Agreement, Avanir will post those changes here. We encourage you to visit this section of our Website regularly in order to remain informed of this Agreement’s terms and any changes. Changes to the Agreement will become effective as of the time they are posted to the Website and not apply retroactively. Your continued use of the Website following changes to the Agreement constitutes your acceptance of our amended terms. Avanir reserves the right to assign or transfer our rights and obligations under this Agreement.
The section/paragraph headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.
If you have any questions about the Agreement, the Websites, or your dealings with Avanir, you can write to Avanir at 30 Enterprise, Suite 400, Aliso Viejo, CA 92656.