Terms of Use

Introduction

Thank you for visiting farbridgepharma.com (“Website”), a service of Farbridge Pharma Consulting LLC (“Farbridge” or “we”). We provide this service to you subject to the following Terms of Use. The Website also contains separate and/or additional terms and conditions, such as the Privacy Policy.

Those separate terms and conditions are in addition to these Terms of Use, which govern your access and use of this Website, any materials or information provided by us to you on or from this Website (“Materials”) including e-mail correspondence. In the event of a conflict, the separate and/or additional terms and conditions will prevail over these Terms of Use.

Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, VISITING, OR USING THIS WEBSITE, YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AN AGENT, OR AN EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO BE SO BOUND. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS WEBSITE.

Any rights not expressly granted herein are reserved. We may terminate or restrict your access to any component of this Website at any time and without specific notice.

Intellectual Property Rights, Trademarks & Copyrights

3.1. The Materials contained in this Website are protected by Intellectual Property Rights (“IPRs”), which are claimed by us or third parties. IPRs include, but are not limited to patents, trademarks, trade names, inventions, copyrights, design rights, databases, or know-how. The Materials may not be used without our prior written permission or the written permission of third-party owner. This Website is protected by copyright law as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

3.2. You may download Materials for non-commercial, personal use only, provided you also retain and do not alter any copyright and other proprietary rights notices contained on the Materials. We do not warrant or represent that your use of content or Materials contained in or displayed on this Website will not infringe on intellectual property or other rights of third parties not owned by us.

3.3. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the Materials of this Website for public or commercial purposes.

3.4. Export Control: The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded or otherwise exported in violation of these laws.

3.5. Farbridge Pharma Consulting® is a trademark used by Farbridge to uniquely identify our Website, services, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

Privacy Policy
By using this Website, you agree to our privacy policy. Click here to read our privacy policy for the matter regarding the collection and use of private information from users of this Website.

Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided as a convenience for you and for your reference. We do not control such websites and we are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Disclaimer of Warranties
We make reasonable efforts to provide accurate and timely Materials contained in this Website. You expressly understand and agree that:

(a) The use of the Materials provided by us is at your sole risk. The information, software, and resources published on the Website are provided on an “as is”, and “as available” basis. We expressly disclaim all warranties and conditions of any kind, whether expressed or implied, with regard to this information, software products, and resources, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) We make no warranty or guarantees that i) the Website will meet your requirements or needs, ii) the Website will be uninterrupted, timely, secure, or error-free, iii) the results that may be obtained from the use of the Website will be accurate or reliable, iv) the quality of any services, software, resources, information, or any other materials purchased or obtained by you through this Website will meet your expectations and v) any errors in these resources, software, services, information, or any other materials will be corrected. There may or may not be technical inaccuracies or typographical errors contained in the Website, and we will correct such items at our sole discretion as they are discovered.

(c) Any materials downloaded, viewed, or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damages, losses, and loss of data that may result from the downloading of such materials.

(d) No advice or information, whether oral, written, or expressed in data, obtained by you from us or through or from this Website shall create any warranty.

(e) There is no warranty that services are available in your geographical area and your eligibility to receive any services may be subject to approval by us.

(f) The information provided on the Website does not, and is not intended to, constitute legal or regulatory advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses or any information, even if we have been advised of the possibility of such damages and resulting from:

(a) The use or the inability to use the Website, or delays in using the Website;

(b) The cost of procurement of substitute goods and services resulting from any goods, data, information, or resources purchased or obtained or messages received or transactions entered into through or from this website;

(d) Statements or conduct of any third party on the Website; or

(e) Otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise.

In no event will we be liable for any claim attributable to errors, omissions, or other inaccuracies in the Materials downloaded through the Website.

We also assume no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Website or your downloading of any Materials, images, content, data, video or audio files, from the Website or any websites linked to or from this Website.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.

Unauthorized Access or Modification
Access to and use of password-protected and/or secure information areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Website may be subject to prosecution in addition to any other remedy available to us at law or equity, including the suspension or termination of access to this Website.

Indemnification
You agree to indemnify and hold Farbridge, its parents, subsidiaries, and affiliates, suppliers and content providers and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable attorney’s fees) asserted by any third party due to or arising out of (a) your breach of these Terms (including without limitation, any breach of any of your representations, warranties and covenants contained herein), (b) your access to, use of, or conduct on the Website (including, without limitation, any information, or other materials), and/or (c) the violation of any rights of another resulting from or relating to your use of the Website.

Severability and changes
In the event any of the Provisions would be held to be unenforceable, the remaining Provisions shall remain in full force and effect and the unenforceable Provision shall be replaced by such enforceable Provision as comes closest to the intention underlying the unenforceable Provision.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego, California, before one (1) arbitrator. The arbitration shall be administered by JAMS (or any like organization successor thereto). The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Modification of this Terms and Conditions
We reserve the right to change the Terms of Use under which this Website is offered at any time and without notice.

Last revised: 10/24/2023