“our”) provides and makes available this web site (the “Web Site”). All use of the Web Site is
Please read this Agreement carefully. By accessing, browsing or otherwise using the Web Site,
you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you
do not accept the terms and conditions of this Agreement, you shall not access, browse or use
the Web Site.
You may read a current, effective copy of this Agreement at any time by selecting the “Terms of
Use” link on the Web Site. The revised terms and conditions will become effective at the time of
posting. Any use of the Web Site after such date shall constitute your acceptance of such
revised terms and conditions. If any change to this Agreement is not acceptable to you, your
sole remedy is to cease accessing, browsing and otherwise using the Web Site.
text, graphics and images (collectively referred to as the “Content”). We either own the Content
or have the rights to use portions of the Content that have been made available to us through
arrangements that we have with third-parties. The Content is protected by United States and
foreign intellectual property laws. Unauthorized use of the Content may result in violation of
copyright, trademark, and other laws. You have no rights in or to the Content, and you will not
use, copy or display the Content except as permitted under this Agreement. No other use is
permitted without our prior written consent. You must retain all copyright and other proprietary
notices contained in the original Content on any copy you make of the Content. You may not sell,
transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly
perform, make a derivative version of, distribute, or otherwise use the Content in any way for
any public or commercial purpose. The use or posting of any of the Content on any other web site
or in a networked computer environment for any purpose is expressly prohibited. If you violate
any part of this Agreement, your right to access and/or use the Content and Web Site shall
automatically terminate and you shall immediately destroy any copies you have made of the
displayed on this Web Site are registered and unregistered trademarks or service marks of ESPERION. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks” and, collectively with the Company Trademarks, are referred to as the “Trademarks”). Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the respective owner’s prior written consent for each such use. The Trademarks may not be used to disparage ESPERION or the
applicable third-party, ESPERION’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without ESPERION’s priorwritten consent. All goodwill generated from the use of any Company Trademark shall inure to ESPERION’s benefit.
concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. ESPERION shall provide notice to you of any such claim,
suit, or proceeding. ESPERION reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to
cooperate with any reasonable requests to assist ESPERION’s defense of such matter.
any time and for any reason without prior notice or liability. ESPERION reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of the Web Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.