PHOENIXUS AG WEB SITE USAGE TERMS
Phoenixus AG Web Site Usage Terms
Last updated: October 29, 2020
PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WEB SITE LOCATED AT PHOENIXUS.COM (“WEB SITE”), WHICH IS OWNED AND OPERATED BY PHOENIXUS AG AND/OR ITS AFFILIATES ("PHOENIXUS AG "). By using this Web Site, you agree to these terms and conditions of use (“Terms”). If you do not agree, please do not use or access this Web Site and disregard the information contained herein.
This Web Site is not intended for medical emergencies or urgent situations. If you believe you have an emergency, call local emergency medical services provider immediately (for the US: 9-1-1)!
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST PHOENIXUS AG ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST PHOENIXUS AG IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.
This Web Site contains material about Phoenixus AG and its various products that may be of interest to Phoenixus AG's employees and customers, as well as to members of the health care community and the general public. Please feel free to browse this Web Site. Your access and use of the information contained herein is subject to these Terms and all applicable laws. By accessing and browsing this Web Site, you accept, without limitation or qualification, these Terms and acknowledge that they supersede any other agreement between you and Phoenixus AG.
Phoenixus AG maintains this Web Site for your personal use. This Web Site and its contents are intended to comply with the laws and regulations of Switzerland and the U.S. While you can access this Web Site from outside Switzerland and the U.S., our server is located within the U.S., and this Web Site is intended to be used by residents located in Switzerland and the U.S. Nothing in this Web Site should be interpreted as a promotion or solicitation for any product that is not authorized by the laws and regulation of the country where the visitor is located.
Please note that product information presented on this Web Site is intended only as a brief summary for the visitor's convenience in relation to the activities of Phoenixus AG. Not all products or indications are licensed in every country and may be subject to further local variations.
While there may be general information on this Web Site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider. Any such information is provided for informational purposes only and is not and should not be interpreted as medical advice or as a substitute for consultation with a physician or other qualified healthcare professional. Phoenixus AG does not offer individual or personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described on this Web Site is appropriate for you.
PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEB SITE.
Copyright and Restriction on Use of Materials (Non-commercial Use)
This Web Site and all its text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content and materials (collectively, “Materials“) published by Phoenixus AG on this Web Site are copyright protected. Any Materials you copy, print, or download from this Web Site are licensed to you by Phoenixus AG for your personal, noncommercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. Nothing contained on this Web Site, including but not limited to, Materials, shall be construed as conferring on you any license or right under any copyright, patent or trademark of Phoenixus AG or any third party, whether by implication, estoppel or otherwise. Except as expressly provided above, nothing contained on this Web Site shall be construed as conferring any license or right under any Phoenixus AG copyright.
Your Conduct and Responsibilities
You are required to comply with all applicable federal, state, and local laws in connection with your use of this Web Site. As a condition of your use of this Web Site, you agree that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms. You agree that you will only provide information in connection with any and all other uses of this Web Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.
Limitation of Liability
Phoenixus AG will use reasonable efforts to include accurate, complete and up-to-date information on this Web Site, but Phoenixus AG makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this Web Site is at your own risk, and that neither Phoenixus AG nor any party involved in creating or delivering this Web Site shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if Phoenixus AG has been advised of the possibility of such damages) arising out of access to, or use of the information contained on this Web Site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Web Site. This limitation includes damages to, or for any viruses that may infect, your computer equipment.
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. If you are dissatisfied with this Web Site, Materials, or these Terms, your sole and exclusive remedy is to discontinue using this Web Site.
You agree to defend, indemnify, reimburse, and hold harmless Phoenixus AG and its parents, shareholders, third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to: (a) your use of this Web Site and Materials; (b) your violation, breach, or alleged breach of these Terms; and (c) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from your submissions through this Web Site or via e-mail.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Information and related materials are subject to change without notice. This Web Site, and all information and related materials it contains, are provided "as is." Phoenixus AG makes no representation or warranty whatsoever regarding the completeness, accuracy, "up-to-dateness", or adequacy of, or the suitability, functionality, availability, or operation of this Web Site or the information or Materials it contains. By using this Web Site, you assume the risk that the information and Materials on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Phoenixus AG specifically disclaims all warranties, express or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this Web Site and information, graphics and other Materials contained herein.
Links to Other Web Sites
This Web Site may contain links to, or be accessed from links on, other World Wide Web sites. Phoenixus AG does not have responsibility for, or control of, the contents, availability, operation or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Phoenixus AG makes no representation regarding the content of any other web sites which you may access from this Web Site.
Concerning Your Privacy
All trademarks, logos and service marks (collectively “Trademarks”) appearing on this Web Site, and as designated with either a trademark symbol or type form that is different from the surrounding text, are trademarks owned by or licensed to Phoenixus AG or any of its affiliates.
Notwithstanding this disclaimer, all other names and marks mentioned on this Web Site are the trade names, trademarks or service marks of their respective owners. The use or misuse of these Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of applicable laws of copyright, trademark, privacy, publicity, slander, libel and communications.
Nothing in this Web Site shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any patent, copyright or trademark of Phoenixus AG or any of its affiliates. Please be advised that Phoenixus AG protects its and its affiliates’ intellectual property rights to the fullest extent of the law.
Submissions (Information to Phoenixus AG)
This agreement shall be governed by and construed in accordance with the laws of Switzerland/New York (excluding its conflict of laws rules). If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.
This Web Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. Phoenixus AG cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Phoenixus AG reserves the right to alter or delete Materials from this Web Site at any time.
The parties do not intend by entering into these Terms to create a partnership, joint venture, agency, or any other such relationship. Nothing in these Terms shall be construed to expressly or impliedly create such a partnership, joint venture, agency or other relationship and nothing in these Terms authorizes you to make any contract, agreement, warranty, or representation on behalf of Phoenixus AG. Each of the parties warrants and represents that it has not and will not hold itself out as a representative, agent, servant, or employee of the other party for any purpose. Each party assumes sole responsibility for fully complying with laws applicable to its own personnel, none of whom shall be deemed employees or agents of the other party.
Unless expressly stated in these Terms the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Phoenixus AG, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Phoenixus AG and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action against you, Phoenixus AG, and our successors and assigns. Phoenixus AG shall have the right to assign these Terms in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Phoenixus AG.
Phoenixus AG’s failure to act with respect to a breach by you or others does not waive Phoenixus AG’s right to act with respect to antecedent, subsequent, or similar breaches.
Phoenixus AG may, at any time, revise these Terms by updating this posting. You are bound by any such revisions and should, therefore, periodically review these terms to review the then current Terms.
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