Terms of Use
Terms of Use
Welcome to Trius Therapeutics, Inc.’s web site. The information provided on this site is for general informational and educational purposes only. The following Terms of Use apply to your use of this site and any of the content, materials or services provided in or through this site. Please read these Terms of Use before accessing or using this site. By accessing or using this site, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use set forth below, just as if you had signed them. If you are not willing to be bound by these Terms of Use, you may not access or use this site.
Use of Site
Material from this site may be downloaded solely for personal, non-commercial use, and users assume any and all responsibility for such use. Neither this site nor any portion of this site may be copied, reproduced, distributed, displayed or otherwise used or exploited for any commercial purpose without Trius' written authorization. All copyright and other proprietary notices contained in downloaded materials must be preserved and retained. Users of this site must agree, and by use hereby agree, to comply with all laws and regulations applicable to use of this site. Use of this site to cause injury or damage to, or to harass or defame, any other business or individual, or for any other criminal or unlawful purpose, is prohibited. The information on this site is not intended as a substitute for professional financial advice. The information on this site should not be construed as a solicitation or promotion for any product or service, or for the use of any product or service in a way that is not authorized by the laws and regulations of the country in which the user is located. Users of this site assume all risk arising from use of this site.
Medical Information
Medical information provided on this site is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis or treatment. The information on this site is not intended as a substitute for professional medical advice. In particular, you should not rely upon the content contained herein for diagnosing a health problem or disease. Due to the rapid nature of change in medical science, the information provided on this site may not be current. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
Forward-Looking Information
This site contains forward-looking information about Trius' business, operations and financial condition. Words such as "anticipates," "believes," "estimates," "expects," "intends," "plans," "seeks" and similar expressions that may be used on this site are intended to identify forward- looking statements that are subject to various known and unknown risks and uncertainties beyond Trius' reasonable control. Such risks and uncertainties include, but are not limited to, those arising from research and development, clinical trials, regulatory approvals, third-party reimbursement, reliance on third-party manufacturers and suppliers, commercialization, competition, patents, product liability and adequate financing. Actual results may differ materially from the forward-looking information provided, and such forward-looking information is only current as of the time it was originally included in this site.
The information on this site is not intended and should not be construed as an offer to sell securities.
Proprietary Rights
We have invested a significant amount of time, effort, and resources in the creation of this site, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that Trius and/or its licensors retain all right, title, and interest in this site (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to this site, whether by Trius or users and whether in print, machine-readable, visual or audible form (altogether, "Trius Content"). You may access, download, display, print and retain Trius Content from this site solely for your own educational use. The Trius Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Trius, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use of any Trius Content, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and unfair competition laws. No license or right is intended to be conveyed to you under any trademark of Trius or any third party, whether by implication, estoppel or otherwise. Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. All rights not expressly granted herein are reserved.
Links / Third Party Content
Trius may link this site to third party web sites. The links provided through this site are not under the control of Trius and are provided strictly for your convenience. Trius does not represent, warrant, or endorse such web sites, and is not responsible or liable for the accuracy, currency, completeness, availability or reliability of such web sites or the content, products or services obtained from such web sites. Trius shall have no liability for any damages or injuries of any kind arising from the content of or products or services obtained from such web sites. Trius is also not responsible or liable for any content on this site that has been provided by third parties.
Disclaimer of Warranties
THIS SITE IS PROVIDED BY TRIUS ON AN "AS IS" BASIS. TRIUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE WILL NOT BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS SITE IS FREE OF VIRUSES.
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRIUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY RISK OF LOSS OR DAMAGES OF ANY KIND ARISING OR RESULTING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Changes
Trius reserves the right to make changes to this site and these Terms of Use at any time without notice. Even though Trius periodically updates the content of this site, the information on this site, including press releases, may be incomplete or may not be current. Trius expressly disclaims any obligation to update or correct information provided on this site. Trius makes no representations or warranties regarding the accuracy and completeness of this site, and does not assume any liability or responsibility for any errors or omissions on this site.
User Information
Unless otherwise indicated in Trius' Privacy Policy or otherwise agreed to in a writing signed by an authorized officer of Trius, or as may otherwise be required by law, any information that a user submits or transmits to Trius, through this site or through any other means, including but not limited to any data, questions, comments, suggestions, inventions, concepts, know-how, techniques or ideas, is submitted by the user without restriction, and will be treated as non- confidential and non-proprietary information. Trius shall have no obligation of any kind with respect to such information, and may use such information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and display. Trius shall also be free to use all such information for any purpose whatsoever, including research and development, improvement, manufacturing, and commercialization of Trius' current and future products using or incorporating such information. Trius reserves the right, and you authorize Trius, to use and assign all information regarding your use of this site and all information provided by you in any manner consistent with these Terms of Use and applicable law.
Void Where Prohibited
This site and its content are intended to comply with the laws and regulations in the U.S. Although the information on this site is accessible to users outside of the U.S., the information on this site pertaining to Trius' products is intended for use only by residents of the U.S. Any offer made on this site for any product or service is void where prohibited.
Privacy Policy
Trius respects the privacy of its users and has created a Privacy Policy that explains Trius' policies with respect to personal information disclosed to Trius via this site, http://www.triusrx.com.
Indemnity
Users of this site must agree and by use hereby agree to indemnify, defend and hold Trius, its officers, directors, employees, consultants and agents harmless from and against any and all claims, liabilities, losses, damages, and costs, including attorney's fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of this site or its contents, including without limitation these Terms of Use.
Termination of Usage
We may terminate or suspend your access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this site or is in violation of any applicable law or these Terms of Use.
Applicable Law
This site and all information provided on this site, including press releases, are created and controlled by Trius in the State of California, USA, and are intended for use only in accordance with applicable laws and regulations of the USA. The laws of the State of California, USA govern this site and its contents, and any disputes arising there from, without giving effect to any principles of conflicts of laws. Exclusive jurisdiction and venue for any litigation arising from use of this site will be in the state and federal courts located in San Diego County, State of California, USA. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.
Arbitration
Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to these Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in San Diego, California. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.
Miscellaneous
These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Trius and supersede any and all other agreements, representations, and understandings, whether written or oral regarding this site. These Terms of Use may not be modified or amended by you without the prior written consent of Trius. Trius may modify or amend these Terms of Use and the Privacy Policy at any time without notice to you. You should regularly review these Terms of Use for any modifications or amendments. Your continued use of this site after modification or amendment signifies your assent and agreement to these Terms of Use, as amended. If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable, then you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses and provisions. The headings used in these Terms of Use are for convenience only and are not to be used in determining the meaning or interpretation of these Terms of Use.
Questions
If you have any questions about the Terms of Use, please contact us by sending a letter to:
Trius Therapeutics, Inc.
6310 Nancy Ridge Drive, Suite 101
San Diego, CA 92121
Attention: Website Administrator