Last modified January 8, 2010
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes of this agreement on the Sonexa Site. Once we post them on the Sonexa Site, these changes become effective immediately and if you use the Sonexa Site after they become effective it will signify your agreement to be bound by the changes.
OWNERSHIP OF SONEXA INTELLECTUAL PROPERTY
The contents of the Sonexa Site, including trademarks, service marks, logos, trade names, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protected elements of the Sonexa Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items (individually and/or collectively, "Material"), are the property of Sonexa, and any of its successors, assigns and licensors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Sonexa Site and Material are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
Sonexa cautions you that statements included in the company's conference calls, press releases, presentations and other materials posted on, or available through, the Sonexa Site that are not a description of historical facts are forward-looking statements. The inclusion of forward-looking statements should not be regarded as a representation by Sonexa that any of its plans will be achieved. Actual results may differ materially from those discussed in the conference calls, press releases, presentations and other materials posted on, or available through, the Sonexa Site due to the risks and uncertainties inherent in the Sonexa business including, without limitation: the progress and timing of its clinical trials; the potential that earlier clinical trials may not be predictive of future results; the ability for any product to receive regulatory approval on a timely basis or at all; the potential for adverse safety findings relating to any Sonexa Product to delay or prevent regulatory approval or commercialization, or result in product liability claims; Sonexa and its licensors may not be able to obtain, maintain and successfully enforce adequate patent and other intellectual property protection of its product candidates. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of such conference calls, press releases, presentations and other materials. All forward-looking statements are qualified in their entirety by this cautionary statement and Sonexa undertakes no obligation to revise or update such statements to reflect events or circumstances after the date made. This caution is made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.
PRODUCT INFORMATION/NO MEDICAL ADVICE
Nothing contained in the Sonexa Site is intended as a promotion of any product candidate in a way that conflicts with the laws and regulations of the country in which you are located. The content of the Sonexa Site is not a substitute for professional medical advice and should not be interpreted as treatment recommendations or relied on for medical diagnosis or treatment. 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 diagnose a patient's condition and provide recommendations for treatment. The information provided on the Sonexa Site is presented in summary form, is general in nature, and is provided for informational purposes only. The information on the Sonexa Site is intended only for the purpose of helping patients and family members better understand certain health conditions and treatment options. Due to the rapid changes in medical science, the information provided on the Sonexa Site may not be current. Never disregard medical advice or delay in seeking it because of something you have read on the Sonexa Site.
HYPERLINKS; THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Sonexa Site or any other form of link or re-direction of your connection to, with or through the Sonexa Site does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Sonexa, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers or suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), site security, or any goods or services associated with or obtained in connection with any such site, whether Sonexa’s logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SONEXA SITE, AND ALL MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SONEXA SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Sonexa Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Sonexa Site, including, without limitation, Postings and Materials associated with your use of the Sonexa Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SONEXA OR ITS SUCCESSORS AND ASSIGNS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SONEXA SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of California, USA, without regard to any conflict of law provisions. We make no representation that the content in this Web site is appropriate for access outside of the United States. Those who choose to access this Web site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within this Agreement is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts of San Diego County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to this Agreement may be brought by either party more than one year after the cause of action has occurred. In any action or proceeding commenced to enforce any right or obligation of the parties under this Agreement, your use of the Sonexa Site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
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