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By accessing information or materials on our website you agree to be bound by the following terms and conditions. A.P. Pharma, Inc. (“we” or “us”) reserves the right to change these terms and conditions from time to time at its discretion and such changes shall become effective when posted on the website. If you do not agree with these terms and conditions you are not authorized to use the website or any information or materials therein.
Limited License
All contents on our website are protected by copyright. We authorize you to view and make a reasonable number of copies of materials made available by us on the public portions of our website provided that such material is used solely for non-commercial purposes. You may not publicly distribute information or materials made available on the website and no use of the website or the information therein is authorized other than the use expressly described in these terms and conditions. Any copies of material on the website that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of A.P. Pharma, Inc. or any third party.
User-Provided Ideas
A.P. Pharma, Inc. does not accept or consider unsolicited ideas submitted through or in connection with the website. Notwithstanding the foregoing, you agree that any feedback, information, suggestions, ideas or materials you submit through or in connection with this website (each, an "idea") will not be subject to any use or disclosure restrictions and will be considered non-confidential by us. By providing ideas to us you agree that we shall have, at no charge, a non-exclusive, transferable, royalty free, perpetual, irrevocable, worldwide right and license to reproduce distribute, display, perform and create derivative works of such ideas and to use, make, offer for sale, sell and import products containing or based on such ideas. We shall be free to use and disseminate such ideas on an unrestricted basis for any purpose.
Privacy
We may collect information about the users of our website, including names, addresses, phone numbers and email addresses of individuals requesting additional information about A.P. Pharma, Inc. We may use this information to respond to such requests, send such users information about A.P. Pharma, Inc. and its affiliates and business partners, and otherwise interact with such users. We may disclose such information to affiliates of A.P. Pharma, Inc. for marketing purposes and to service providers that process information on behalf of A.P. Pharma and its affiliates. In addition, we may transfer such information to a third party in connection with a merger or sale of our business or the sale of a relevant portion of our assets and the acquirer or successor to our business or such assets may use the information in accordance with the terms of this paragraph. Please note that A.P. Pharma, Inc. is not responsible for the privacy policies of any websites that are linked to our website or to which we may refer on our website.
Disclaimer
The information and materials on our website are for your general education only and are not intended to provide advice or guidance or to be used for any commercial purpose. The information and materials contained on our website may be out of date or include omissions or other errors. We may update or otherwise change the information provided on our website at any time without notice. The identification or description of products or services of A.P. Pharma, Inc. or third parties on the website is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such products and services. All information provided on our website is provided "AS IS" without warranty of any kind. A.P. Pharma, Inc. and its affiliates and partners disclaim all warranties, express or implied, regarding the website and the information therein, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights.
Limitation of Liability
A.P. Pharma, Inc. and its affiliates and business partners shall not be liable for any direct, indirect, special, consequential or incidental damages arising from or related to use of the website or the materials, information or hyperlinks contained therein, even if A.P. Pharma, Inc. and its affiliates or business partners have been advised of the possibility of such damages.
Hyperlinks
Our website may contain hyperlinks to websites owned or controlled by parties other than A.P. Pharma, Inc. Access to any such website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such websites. We provide these hyperlinks merely as a convenience and the inclusion of such hyperlinks does not imply an endorsement of any product, service, individual, or entity.
Governing Law and Jurisdiction
All matters arising from or related to these terms and conditions and your use of the website shall be governed by the laws of the State of California. You agree that you will bring any legal action or proceeding arising from or relating to your access to, or use of, the website exclusively in a state court in San Mateo County, California or in the U.S. district court for the Northern District of California. You agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding.
Reservation
Any rights not expressly granted in our website are reserved to us. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Trademark Information
A.P. PHARMA® is a registered trademark of A.P. Pharma, Inc., Inc. Any use of “A.P. Pharma” except as permitted herein is prohibited and may be in violation of trademark law and other laws. All other trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used in whole or in part without the prior written permission of such owners.
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