Terms of Use

Last update: January 2020

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OUR SITE (“WEBSITE”). THESE TERMS AND CONDITIONS OF USE AND THE REFERENCED PRIVACY POLICY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND ALMIRALL LLC. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH ALMIRALL LLC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You should review this Agreement each time you access the website. Almirall LLC (“Almirall” or “we” or “us”) reserves the right to modify this Agreement at any time. By continuing to access the website, you acknowledge that you will be bound by the Agreement. If you do not agree with this Agreement, do not use the website.

1. Page ownership

This Site has been developed and is owned by Almirall LLC, a company registered in Pennsylvania, USA, with its offices in Exton, PA 19341.

You can find more information about us and all the companies belonging to the Almirall Group at www.almirall.com.

2. Access and use of the Site

The Site is provided to you under these Terms of Use, which may be amended or supplemented from time to time together with the terms set forth in our Privacy Policy (hereinafter, the “Agreement”). Your use of the Site implies that you accept and adhere unreservedly to be legally bound to the Agreement. If you do not agree to them please refrain from using the Site.

Use of some services offered in this website may be also subject to specific conditions indicated in each case.

We reserve the right, in our sole discretion to refuse, suspend, modify or terminate the information services we provide to you through the Site.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

The information contained and posted in the Site must be considered as an electronic communication. You hereby agree that we may communicate electronically, subject to local privacy laws as set forth in our Privacy Policy, and that such communications, as well as news, notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

3. Eligibility

This Site is not intended for use by minors under the age of 16, or individuals or organizations who cannot form legally binding contracts, conditions, obligations, representations and/or warranties under the applicable law. If you do not meet this requirement, please refrain from using the Site.

You represent to us that you do not have any conflict of interest using the Site and that you are not bound by any obligation which prevents you from using the Site.

4. Use of the Site

By adhering to the terms and conditions of this Agreement, you understand that the Site is available for your personal, non-commercial use only, and you agree that you will use the Site only for lawful purposes and in accordance with the Agreement and in full compliance of the applicable laws.

We do not accept any liability and will not be responsible for any harm or loss you may suffer in relation to any use you make of the Site for business or commercial purposes or other purposes which are not specifically included in the authorized use of this Agreement.

While using this Site you agree, among others:

• (i) Not to download, reproduce, change, copy, distribute, sell or populate the content of the Site for any commercial use, or provide it to a commercial source, or erase or modify any part of the Site or its content, including the software.
• (ii) Refrain from altering, evading, or manipulating any protection device or security system that may be installed on the Site.
• (iii) Not to use this Site for unappropriated, unlawful, fraudulent or unauthorized purpose.
• (iv) Not to create a derivative work of, reverse engineer, reserve assemble or otherwise attempt to discover any source code of the Site.
• (v) Not to submit material which may infringe third party intellectual property rights or privacy rights (without being the owner, licensee or otherwise legally authorized to do so) or which may result in breach of confidentiality undertakings assumed by you.
• (vi) Not to misuse the Site or interfere with its proper working by introducing viruses, trojans, worms, or other material which is malicious or technologically harmful.
• (vii) Not to send us unsolicited promotional materials (spam).
• (viii) Not to breach any applicable local, national or international law or regulation, and not to breach any kind of code of conduct which may be applicable to you.

Intellectual property rights over all the information contained in the Site, graphic designs, logos, drawings, trademarks, images, indices and source codes belong to us, except to those contents belonging to third parties to which you may have access through links and, therefore, all rights are reserved. The trademarks and brand names displayed on this Site are of our property or the property of Almirall’s affiliates and you are not able to reproduce them without our permission.

Notwithstanding the above, we grant you a non-exclusive, non-transferable, revocable limited license to use the Site and view and print content retrieved from the Site for your personal, non-commercial purposes as indicated above, provided that you do not remove or hide the copyright notice and that you mention the source and authorship, as the case may be. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. This license may be withdraw at any time by us, without prior notice. As previously stated above, this license does not include any copying or distribution, resale or commercial use of this Site or its contents. We reserve all rights not expressly granted to you.

5. Privacy

The information that we obtain through your use of the Site through your navigation is subject to our Privacy Policy.

6. Third party websites and content

The links contained in this Site may take the user to other websites managed by third parties over which we do not have control. We are not liable for the contents or the condition of these websites and access to them through this Site does not imply that we recommend, monitor, or approve their content. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.

7. Exoneration of liability

We inform you that the materials and information contained on this Site have been included for informative purposes only, and are not sufficient for decision-making or adopting positions for specific cases. Moreover, it is not intended as medical or healthcare advise, or to be used for medical diagnosis or treatment. It cannot be used as replacement of professional advice and services from a qualified healthcare professional. We accept no liability for any damage caused or connected to the use of this information.

Although we strive to keep the material contained in the Site duly accurate and updated, you must be aware that it might not constitute the most recent information about services offered by us and that we cannot be responsible for any damages or loss related to the accuracy, completeness and timeliness of the information of the Site. In this connection, the material may be modified, extended or updated without prior notice.

We do not accept any liability for errors or omissions in the content of this Site or other contents that may be accessed through it, nor does we assume any right or undertaking to verify or oversee the content and information on this Site.

Your use of the Site is free of charge. We shall not be liable for any damages, claims, expenses or other costs (including reasonable attorney’s fees) you suffer or incur using this Site or as a result of a third party claim relating to your use of this Site and the information provided herein, nor for any action taken according to the information provided on it. We accept no liability for any loss or damage caused by attack, viruses or other harmful material that may infect your computer equipment, programs or data due to your use of this Site or third party’s websites the link to which is included in this Site.

We make reasonable efforts to make the Site available but from time to time we may need to interrupt, restrict your access to or withdraw contents. We will not be liable for any harm or loss to use derived from these actions.

Your use of the Site is at your sole risk. The contents of the Site are provided “as is”, this meaning that we make no warranties, expressed or implied, including no warranties of merchantability, fitness for any particular purpose or non-infringement, except as expressly provided in this Agreement, in respect to the services provided through and the contents included in the Site.

You expressly understand and agree that under no circumstances we or our affiliates, and any of the respective directors, officers, employees, or representatives will be liable for any direct, indirect, special, incidental, consequential, punitive or liquidated damages, including without limitation, any loss of profit, loss of data or loss of goodwill, howsoever caused. This exclusion of liability shall apply to the fullest extent permitted by the applicable laws.

8. Indemnity

You agree to hold us harmless and to indemnify us and our affiliates, and any of the respective officers, directors, employees, consultants, services providers and agents from an against any losses, costs, expenses, damages and other liabilities or claims (including reasonable attorney’s fees) arising from or relating to (i) your breach of this Agreement, (ii) your use of the Site or (iii) any claim from any third party alleging that your User content infringes such third party rights (including intellectual property rights).

9. Arbitration, Class-Action Waiver and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Waiver of Jury Trial

ALMIRALL AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. Almirall and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

Required Use of AAA

You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

Place to File Permitted Court Actions

If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Almirall agree and consent that such disputes will be resolved in the federal or state courts in Chester County (Pennsylvania) and that agree to submit to personal jurisdiction and venue of the federal and state courts located in Chester County (Pennsylvania).

Time Limit to Start Arbitration

We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.

Arbitration Agreement Survival

This arbitration agreement will survive the termination of your relationship with Almirall.

10. Security

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

However, unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be impregnable or totally secure.

11. Modifications

We may make changes to the terms and conditions to this Agreement from time to time so we encourage you to read them periodically.

12. Applicable law and jurisdiction

This Agreement shall be interpreted in accordance with the laws of Pennsylvania (excluding any rules governing choice of laws) and any legal proceedings arising from this Agreement will take place at the courts of Chester County (Pennsylvania).