TERMS OF USE (“TOS”)
EFFECTIVE AS OF JUNE 11, 2008

 

Nexgenpharma.com Terms of Use Agreement
PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OPERATED BY NEXGEN PHARMA, INC. By using this Web site, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

This Web site is owned and operated by Nexgen Pharma, Inc., Irvine, CA, USA ("Nexgen").

This Web site and its contents are designed to comply with U.S. laws and regulations.

1. Acceptance. By using this Web site, you agree to be bound by and to comply with this Terms of Use Agreement. Nexgen reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they become effective, within the current Terms of Use Agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.

2. Scope. The terms of use set forth in this agreement apply only to your use of this Web site. Nexgen Pharma, Inc., may also operate other Web sites that are covered by their own conditions as specified within those Web sites. When we refer to "Nexgen," we mean the pharmaceutical business of Nexgen Pharma, Inc., including our pharmaceutical and nutraceutical divisions.

3. Medical Information/Conditions. While there may be information on this Web site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider. We do not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described in this, or any, Web site is appropriate for you.

PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT SUGGESTED BY OR DISCUSSED WITHIN THIS, OR ANY OTHER, WEB SITE.

4. Description of Services. This Web site contains material about Nexgen and its various manufacturing capabilities, products and services. Certain sections of this Web site are intended for particular audiences including Nexgen’s employees, customers and shareholders, business partners, as well as to members of the health care community and the general public. Please feel free to browse this Web site, as appropriate. Your access to and use of the information contained herein is subject to this Terms of Use Agreement and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, this Terms of Use Agreement and acknowledge that it supersedes any other agreement between you and Nexgen.

5. Representation. As a user of this Web site, you are liable for the accuracy of the information that you provide to us. Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Web site, such information shall be deemed to be non-confidential and Nexgen Pharma, Inc., shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Nexgen Pharma, Inc., shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

6. Privacy. Please refer to Nexgen’s Internet Privacy Policy for information on how the company protects your personal information.

7. Links to Other Web sites. This Web site contains links to other Nexgen and non-Nexgen Internet Web sites. Nexgen assumes no responsibility for the content of non-Nexgen Internet Web sites to which we provide links.

8. Third Party Content. Nexgen.com does not contain third party content, however, other Nexgen Internet Web sites too which Nexgen.com links too may contain third party content. Those Internet Web sites are governed by their own Terms of Use which are displayed and available on the respective Web sites.

9. Disclaimer of Warranties. Nexgen Pharma, Inc., has taken reasonable measures to ensure that the information contained within this Web site is reliable, however, by using this Web site, you accept the information, products and services provided herein "AS IS." Nexgen Pharma, Inc., makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Web site, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

10. Consequences. If any dispute arises between us regarding this Agreement or your use of this Web site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be Orange County, California.