Terms of Use | WeC3G.com
Text/HTML

Achillion Pharmaceuticals, Inc. Terms of Use

This website, located at uniform resource locator www.wec3g.com (the "Website"), is provided by Achillion Pharmaceuticals, Inc. (“Achillion,” "we," "our," or "us") to the person accessing the Website ("you," or "your").

1. You Agree to These Terms by Using the Website

Your access to, and use of, the Website is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Website, you accept, without limitation or qualification, these Terms of Use. Achillion may, at any time and without notice, modify these Terms of Use by revising them on the Website. Your continued use of the Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a written agreement signed by Achillion.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Website immediately.

2. Permitted Use of the Website

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of learning about Achillion services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose.

3. No Practice of Medicine

The information and materials on the Website are not intended to be, and must not be taken to be, the practice of medicine or other healthcare services by Achillion. Use of the Website does not create a provider/patient relationship with Achillion. Achillion is not recommending or endorsing any specific medical treatment for C3 Glomerulopathy (C3G) or any other medical condition, healthcare provider or medication.

4. User-Submitted Content

The Website may, from time to time, offer interactive features that allow users to submit content to the Website. Achillion does not and cannot review all such content, and is not responsible for such content. Should you submit any information (e.g., feedback, suggestions, ideas or comments) to Achillion via the website, such information, except for personally identifiable information which is covered by Achillion’s Privacy Policy, will be deemed to be Achillion’s property and non-confidential.

You acknowledge that by providing the ability to view and distribute your user-generated content on the Website, Achillion is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Achillion reserves the right to block or remove communications or materials that it determines to be unacceptable to Achillion in its sole discretion.

Harassment in any manner or form on the Website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Achillion employee, host, or representative, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law.

5. Notice; Electronic Communications

When you visit the site or send emails to Achillion, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Privacy

The Achillion Privacy Policy www.wec3g.com\privacy-policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Website by electronic mail or otherwise will be used by Achillion in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

7. Disclaimer - Warranty

THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACHILLION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Achillion does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Achillion does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Achillion, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

9. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ACHILLION, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Third-Party Links

In an attempt to provide increased value to our visitors, Achillion may link to sites operated by third parties. However, even if the third party is affiliated with Achillion, Achillion has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Achillion. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Achillion specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

Achillion does not endorse the content, or any products or services available, on such sites. Nonetheless, Achillion seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).

11. Trademarks

The following trademarks are our property: ACHILLION, WEC3G, TOGETHER, WE ARE C3G. These marks may not be used without our consent on any product or service, except our own.

12. Copyright

Copyright © 2018, Achillion Pharmaceuticals, Inc. ALL RIGHTS RESERVED.

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Achillion or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Achillion and protected by United States and international copyright laws. All software used on the Website is the property of Achillion or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.

13. Copyright Complaints

Achillion respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at www.wec3g.com/contact-us.

14. Export Control

Software and other materials downloaded or otherwise made available from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

Achillion does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

15. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New Haven, Connecticut. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

16. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND ACHILLION ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ACHILLION BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ACHILLION BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

17. Law and Jurisdiction

These Terms of Use and your use of the Website are governed by the laws of the State of Connecticut, without regard to its choice of law provisions. The courts of general jurisdiction located within New Haven, Connecticut, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Website or in which these Terms of Use and/or the Website are a material fact.

18. Access Outside the United States

Achillion makes no claim that the services are appropriate for access or use outside the U.S. Your access and use of the services outside the U.S. are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

19. Assignment

Achillion may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

20. Questions and Feedback

We welcome your questions, comments, and concerns about the Website. Please send us any and all feedback pertaining to the Website by contacting us at www.wec3g.com/contact-us.

21. Survival

The provisions of these Terms of Use entitled “Disclaimer - Warranty,” “Indemnification,” “Limitation of Liability,” Dispute Resolution,” “Waiver of Jury Trial and Class Actions, “Law and Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

22. General Provisions

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Achillion Privacy Policy, constitute the entire agreement and understanding between you and Achillion with respect to use of the Website, superseding all prior or contemporaneous communications with Achillion. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.

Effective Date: February 14, 2018

Text/HTML
Text/HTML