The following are terms of a legal agreement ("Agreement") between you and Depomed, Inc. ("Depomed"). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site.
The material provided on this Site is protected by law, including, but not limited to, United States copyright and trademark law and international treaties. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Please be advised that Depomed actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
- Copyright. The entire contents of this Site are subject to copyright protection. Depomed, Inc., copyright 2007, ALL RIGHTS RESERVED. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for public or commercial use without prior written approval of Depomed. You may not "mirror" any material contained on this Site on any other server without prior written permission from Depomed.
- Trademarks. The trademarks, trade names, logos, service marks and trade dress (collectively the "Trademarks") displayed on the Site are protected registered and unregistered trademarks of Depomed unless otherwise noted. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the owner or licensee of the trademarks displayed on the Site. Your use of the trademarks displayed on the Site, or any other content on the Site, except as provided in these terms and conditions, is strictly prohibited.
- Third Party Websites and Links. This Site may contain links or references to other websites maintained by third parties over whom Depomed has no control. Such links are provided solely as convenience to you. If you use these links, you will leave this Site. Similarly, this Site may be accessed from third party links over which Depomed has no control. Depomed makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Depomed.
- Limited Access. Except as otherwise expressly permitted by Depomed, any access or attempt to access other areas of the Depomed computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on the Site or the content contained therein without the prior, express, and written permission of Depomed. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Depomed's infrastructure.
- Forward-Looking Statements. This Site may contain forward-looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in Depomed's annual reports filed with the Securities and Exchange Commission (the "SEC"), including Depomed’s most recently filed periodic reports with the SEC.
- Medical Information. This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other healthcare professional.
- Void Where Prohibited. This Site and its contents, which are controlled and operated by Depomed from offices in the United States, are intended to comply with the laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, the information contained within the Site is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. Those who choose to access this site from non-U.S. locations are responsible for compliance with local laws. Any offer for any product or service made on this Site is void where prohibited.
- Disclaimer of Warranties. This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. Depomed disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. Depomed does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy, or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and Depomed does not make any commitment to update the materials at this Site. Depomed does not guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Depomed does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.
- Limitation of Liability. In no event will Depomed or its suppliers or other third parties mentioned at or in this Site be liable for any damages (including, without limitation, direct, indirect, special, incidental, or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any websites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including, but not limited to, negligence), or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Revisions to this Agreement. Depomed may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
- Applicable Laws & Severability. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without giving effect to its principles of conflict of laws. Any and all claims or controversies arising from, relating to, or concerning this Agreement shall be brought either in the Circuit or Superior Courts of San Mateo or Santa Clara County, California, or in a federal court of competent jurisdiction located in either such county. Any failure by Depomed to detect or protest any breach of this Agreement shall not constitute a waiver or impairment of any relevant term or condition, or the right of Depomed at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver by Depomed may only occur in writing. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.