Terms of Use | Folotyn

Allos Terms of Use

Your use of the Allos web sites on which these terms reside (the "Site"), and the features at this Site are subject to these Terms of Use ("Terms"), which we may update from time to time. The Sites are owned or controlled by Allos Therapeutics, Inc. a United States corporation. This Site is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you should not use this Site. If you do not agree with these Terms, you should immediately discontinue use of this Site.

From time to time we may update this Site, and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Allos may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Allos will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Allos Content
Content on this Site that is provided by Allos or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Allos Content") is the property of Allos and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Allos Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Allos, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Allos and/or its licensors, that dilutes the strength of Allos' or its licensor's property, or that otherwise infringes Allos' or its licensor's intellectual property rights. You further agree to in no other way misuse any Allos Content or third party content that appears on this Site.

Posting User Content
From time to time on certain areas of our Site you may be able to submit certain materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Allos; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Allos, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Allos may cancel your account and delete all User Content associated with your account at any time, and without notice, if Allos deems that you have violated these Terms, the law, or for any other reason. Allos assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Allos a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Allos, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the posting policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Allos or this Site.

Representations, and Limitations of Liability
Allos makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Allos makes no representations regarding the amount of time that any Content or User Content will be preserved.

Allos does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Allos without the prior review and written approval of Allos.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALLOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ALLOS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ALLOS' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ALLOS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Site may contain forward-looking statements that reflect Allos' current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Allos intends to update this site on a regular basis but assumes no obligation to update any of the content.

Medical Information
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professional.

Except as expressly stated and agreed upon in advance by Allos, no director, employee, agent, or representative of Allos, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Site. Any information on the products contained herein should never be used as a substitute for the advice provided by your physician or other health care provider.

Third Party Websites
This Site may hyperlink to sites not maintained or related to Allos. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Allos, and Allos makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Allos has no control over how your information is collected, used, or otherwise handled.

Miscellaneous
Both you and Allos acknowledge and agree that no partnership is formed and neither of you nor Allos has the power or the authority to obligate or bind the other.

This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Colorado. These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Allos to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Allos, shall not be deemed a breach of these Terms.

If Allos fails to act with respect to your breach or anyone else's breach on any occasion, Allos is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Allos, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and Allos regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.