Terms of Use

These Terms of Use apply to websites (collectively “Website”) owned by SK Life Science, Inc. (SKLSI), and affiliates, subsidiaries, and other operating companies within the United States (“SKLSI,” “We”, “Our” or “Us”).

Please read these Terms of Use carefully. By using the Website, you acknowledge that you have read, understand and agree to be bound by the following terms, the SKLSI Privacy Policy (available for review at: www.SKLifeScienceInc.com/privacy-policy.html and all applicable laws and regulations. Please review the Dispute Resolution section carefully, as it limits your ability to sue SKLSI or participate in a class action against SKLSI. If you do not agree to these Terms of Use, you are not permitted to access, download or use this Website. If you choose to continue to use or access the Website after having the opportunity to read these Terms of Use, you recognize that SKLSI has provided valuable consideration by offering the Website free of charge, and in exchange for that valuable consideration, you agree to the Terms of Use hereof.

USE IN THE UNITED STATES

The information on the Website is intended for use by U.S. residents only.

Website may contain information about products not available in other countries or regions of the world or that may be available under a different trademark or name. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require different or additional information. Therefore, product information on the Website may not be appropriate for residents of other countries. By using a Website, you hereby agree that any and all Personal Information and Non- Personal Information collected through the Website will be transferred to the United States for processing.

WEBSITE CONTENT

The Website may contain from time to time information related to various health, medical and fitness conditions and their treatment (collectively, the “Content”). This Content is not intended to be a substitute for the advice, treatment or recommendations of a health care professional. You should always consult a physician for diagnosing and treating a health or fitness problem, and before using any drug product discussed on this site. SKLSI is not engaged in rendering medical advice or services.

The Content is presented in summary form, is general in nature, and is provided for informational purposes only. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.

LINKS TO OTHER WEBSITES OR APPLICATIONS

As a resource to Our users, the Website may provide links to other sites. However, because SKLSI does not control the content of these other sites We may link to, and due to their constantly changing nature, We cannot be responsible for the content, practices or standards of third-party sites. Inclusion of any third-party link does not imply a recommendation or endorsement by Us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party sites, sites framed within the Website, or third-party advertisements. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

CLICK-THROUGH AGREEMENTS

When you sign up to use a special feature of a Website, you may be asked to agree to special terms governing your use of the special feature by checking a box or click on a button marked “I Agree,” “Accept,” or some other phrase that signifies your agreement. This type of agreement is known as a “click-through” agreement and by checking the box or clicking the “I Agree” button, you are agreeing to be bound by the special and/or additional terms as set forth in the specific agreement.

USERNAME AND PASSWORD

In order to access certain pages and features on the Website, you may be asked to register by creating a username and selecting a password. You agree that you are responsible for the safety and security of your username and password. If you believe that your username and password are being used without your permission, notify us immediately.

CONSENT TO USE OF DATA

You acknowledge and agree that the Website collects both Personal Information, which you voluntarily provide and may identify you individually, and Non-Personal Information, which is passively collected and does not identify you individually. Personal Information may include your name, address, email address and phone number. Non-Personal Information includes gender, age, survey responses, page views, unique views, the type of mobile device and the operating system you use, which screens you visit and for how long, and logging of technical issues. You acknowledge and agree that We may collect, transmit, store, and use your Personal Information to fulfill your requests or provide you with products, services, or information related to Our company and the products that we produce.

You also acknowledge and agree that We may collect, transmit, store, and use the Non-Personal Information to measure Website traffic, recognize your computer or mobile device as a repeat user, tracks visitors’ uses across pages, facilitate the provision of Website updates, product support, and other services to you (if any) related to, or in connection with the Website. For more detailed information about the collection, use, and disclosure of Personal Information and Non-Personal Information, as well as your choices and control over such collection, use, and disclosure, please review the SKLSI Privacy Notice, available at: www.SKLifeScienceInc.com/privacy-policy.html.

INDEMNIFICATION

THIS INDEMNIFICATION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Upon a request by SKLSI, you agree to defend, indemnify and hold harmless SKLSI and its affiliates, directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of the Website. SKLSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SKLSI in asserting any available defenses.

DISCLAIMER OF WARRANTY

THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEBSITE.

THE CONTENT OF THE WEBSITE IS PROVIDED BY SKLSI AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THESE SITES IS FOR INFORMATION PURPOSES. SKLSI IS NOT OFFERING THE WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THESE WEBSITES ARE NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THE WEBSITE IS PROVIDED FOR FREE.

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” SKLSI, ITS PARENT COMPANY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE WEBSITE OR ABOUT THE ACCURACY, RELIBILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, PRESCRIBING INFORMATION,MEDICATION GUIDES, OR OTHER COMMUNICATIONS PROVIDED IN OR THROUGH THE USE OF THE WEBSITE, OR ANY SITE OR SITES “LINKED” TO EITHER.WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA ORBUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKLSI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

You agree that Our sole obligation to you is to provide the Website as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Website, we will not be liable to you or to any third-party for your use of the Website.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE WAY YOU CAN SEEK RELIEF. THIS DISPUTE RESOLUTION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms of Use, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms of Service. You must send this Demand to the following address (the “Notice Address”):

SK Life Science, Inc. (SKLSI).
22-10 State Route 208 South
Fair Lawn, New Jersey 07410
ATTN.: Law Department

You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten business days after you send this Demand.

If We do not resolve this disagreement to your satisfaction within ten business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and SKLSI’s ability to litigate claims in court and you and SKLSI each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Us in any state or federal court. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees.

Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.

You agree that you will not file a class action or collective action against Us, and that you will not participate in a class action or collective action against Us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms of Use, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or We agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

We agree that We will not file a class or collective action against you, and that We will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms of Use. We agree that We will submit all disputes with you to arbitration before the Arbitrator.

COPYRIGHT AND TRADEMARK NOTICE

The Content of the Website is protected under applicable copyright and trademark laws. Further, copying, redistribution or publication of any part of the Website is prohibited. All images and text are Our property and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used except as provided herein without the express written permission of SKLSI.

OTHER TERMS AND CONDITIONS

If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.

These Terms of Use constitute the entire agreement between you and SKLSI regarding your use of this free Website. As described above in Section VIII, your use of certain services and features may be subject to additional terms as outlined in click-through agreements. Those additional terms are incorporated by reference into these Terms of Use. No advice or information, whether oral or written, obtained by you from SKLSI shall alter the terms of these Terms of Use.

CHANGES TO TERMS AND CONDITIONS

We reserve the right to make additions, deletions, or modifications to these Terms of Use at any time without prior notification.

Last Revised: October 24, 2017