Terms of Use
Welcome to the Axiota website (the “Site”), owned and operated by Axiota® Animal Health (“Axiota”). Services on the Site are currently provided to you free of charge, “as is” without express or implied warranties of any kind, and subject to all applicable laws and regulations and the following terms of use (this “Agreement”).
Please read this Agreement carefully and in its entirety before using the Site. This Agreement sets forth the terms and conditions that apply to your use of the Site, any content, material, features or functionality from the Site as well as any other product or service offered by Axiota for use or sale (collectively the “Materials”). By accessing or using the Site, you acknowledge that you have read, understood and agree to this Agreement. If you do not agree with any provision of this Agreement, do not use the Site.
ADDITIONAL TERMS
When using particular services available on the Site, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Axiota reserves the right, in its sole discretion, to modify, alter or otherwise change this Agreement at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Site following the posting of any revisions to this Agreement means that you accept and agree to the revisions.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entirety of the Site, to users.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of this Agreement, and that they comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Axiota of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, including if in our opinion, you have failed to comply with any provision of this Agreement.
COPYRIGHTS & TRADEMARKS
All Materials, including without limitation text, graphics, logos, button icons, images, audio clips, video clips, software, copyrighted materials, trademarks, service marks and/or other proprietary information included or displayed on the Site are owned by Axiota or its content providers that have licensed to Axiota the right to use the Materials. In addition, all the Materials of the Site are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions, and Axiota owns a copyright in the selection, coordination, arrangement and enhancement of such Materials. You agree that the reproduction, modification, distribution, transmission, republication, display, performance or storage of the Materials without the express prior written permission of Axiota is strictly prohibited. Violations may result in civil and criminal penalties. Please be advised that Axiota actively and aggressively enforces is intellectual property rights to the fullest extent of the law.
USE OF SITE
The Site and the Materials may not be reproduced, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise used or exploited in any way other than as set forth in this Agreement without the express prior written permission of Axiota. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You may download one copy of the Materials on any single computer for your personal, noncommercial personal use only (provided you keep intact all copyright, trademark and other proprietary notices), but modification of the Materials or use of the Materials for any other purpose is a violation of Axiota’s and possibly other third parties’ copyright and other proprietary rights. You further agree to use the Materials and the Site only for purposes which are lawful in every sovereign jurisdiction and all subdivisions thereof, and agree not to use the Materials, or any element of portion thereof for any commercial purpose whatsoever. Axiota and its affiliates reserve the right to refuse service, including, without limitation, if Axiota believes that customer conduct violates applicable law or is harmful to the interest of Axiota or its affiliates. Additionally, you agree not to use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, or engage in hacking or other malicious interference.
If you violate any provision of this Agreement, your permission to use the Materials automatically terminates, and you must immediately destroy any copy you may have of any of the Materials.
CONFIDENTIALITY
You understand and agree that certain information, available on password-protected sections of the Site (if any), may be confidential and proprietary to the Firm. This includes all investment information and results, offering materials, financial statements and other information provided through such parts of the Site. You agree to use your best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those strictly permitted by Axiota in writing.
CONTENT
The information provided on the Site is for general informational and educational purposes. Certain sections of the Site are intended for particular audiences, including Axiota’s employees, customers and shareholders, as well as members of the veterinary care community and the general public. We will use reasonable efforts to include accurate and up-to-date information on the Site, but make no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of the Site and the content thereof is at your own risk. Axiota disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Axiota nor any part involved in creating, producing or delivering the Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use the Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.
MARKET INFORMATION
We may make available to you through one or more Axiota services a broad range of financial information that we obtain from third party content providers. This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as “Market Information.” Axiota does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. Axiota and our third party providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing content of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may be unreliable when posted or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Axiota nor the third party providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Axiota nor the third party providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You agree not to redistribute or facilitate the redistribution of Market Information, nor to provide access to Market Information to anyone who is not authorized by Axiota to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use the Market Information provided by Axiota for any purpose related to your business.
NO INVESTMENT ADVICE OR RECOMMENDATIONS; NO OFFER OR SOLICITATION
Any services or Materials (including Market Information) provided by Axiota through the Site are for informational purposes only. You should not construe any Market Information or other content available through the Site as legal, tax, investment, financial or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any services or Material provided by Axiota through the Site.
Nothing contained in any Materials on the Site constitutes a solicitation, recommendation, endorsement, or offer by Axiota or a third party provider to buy or sell any securities or other financial instruments.
FORWARD-LOOKING STATEMENTS
The Site contains forward-looking statements about Axiota’s financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, without limitation, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Axiota products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of Axiota’s patents; trends toward veterinary cost containment; governmental laws and regulations affecting the veterinary industry, including without limitation, regarding pharmaceutical product access and pricing; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. Axiota assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
NON-CONFIDENTIAL INFORMATION
Subject to any applicable terms and conditions set forth in the Axiota Privacy Policy, any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Axiota shall have no obligation of any kind with respect to such information. Axiota shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products.
LINKS
Visitors should be aware that when they are on the Site, they could be directed to other sites that are beyond Axiota’s control. There are links to other sites from Axiota pages that take them outside our service. These other sites may send their own cookies to visitors, collect data, or solicit personal information. Axiota makes no representations whatsoever concerning the content of those sites. The fact the Axiota has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Axiota cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Axiota liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. Your use of any such third party site or platform is at your own risk and will be governed by such third party’s terms and policies (including without limitation, its privacy policy).
Visitors should keep in mind that whenever they give out personal information online — for example, via message boards or chat — that information can be collected and used by people visitors do not know. Axiota cannot guarantee the security of any information visitors disclose online, and visitors do so at their own risk. Axiota bears no responsibility for any action or policies of any third parties who collect any information visitors may disclose on any public forum on the Site.
USE OF COOKIES
Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies make web-surfing easier for the visitor by saving the visitor’s preferences while the visitor is at Axiota’s sites. Axiota never saves passwords or credit card information in cookies.
By showing how and when visitors use a site, cookies help Axiota see which areas are popular and which are not. Many improvements and updates to the Site are based on such data, such as total number of visitors and pages viewed. This information is most easily tracked with cookies. Axiota uses the information from cookies to provide services better tailored to the Site visitors’ needs. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent.
USE OF IP ADDRESSES
An IP address is a number that is automatically assigned to your computer whenever you are connected to the Internet. Web servers — the computers that “serve up” web pages — automatically identify your computer by its IP address.
Axiota may collect IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of the Site. When visitors request pages from the Site, our servers log the visitors’ IP addresses. Axiota does not normally link IP addresses to anything personally identifiable, which means that a visitor’s session will be logged, but the visitor will remain anonymous to us. Axiota can and will use IP addresses to identify a visitor when Axiota feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, the Site, customers, or others. For instance, Axiota may disclose visitor information in special cases when Axiota has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Axiota’s rights or property, the Site, other visitors to the Site, or anyone else that could be harmed by such activities. Axiota also may disclose visitor information when Axiota believes that the law requires it. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.
MEDICAL INFORMATION
The Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only, and is not meant to be a substitute for advice provided by a veterinarian or other qualified professional. You should not use the information contained in the Materials for diagnosing a health problem or disease. You should always consult with a veterinarian or other medical professional for medical advice or information about diagnosis and treatment.
SECURITY
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Axiota strives to protect visitors’ personal information, Axiota cannot ensure or warrant the security of any information visitors transmit to Axiota or from Axiota’s online products or services, and visitors do so at their own risk.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, THE MATERIALS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE MATERIALS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AXIOTA NOR ANY PERSON ASSOCIATED WITH AXIOTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AXIOTA NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AXIOTA IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIALS CONTAINED ON THE SITE. YOU AGREE TO BE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED FOR ACCESS TO AND USE OF THE SITE, AND YOU SHALL BE RESPONSIBLE FOR ALL CHARGES RELATED THERETO.
AXIOTA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL AXIOTA’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IN NO EVENT WILL AXIOTA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Axiota, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement or your use of the Site, including, without limitation, any use of the Materials other than as expressly authorized in this Agreement or your unauthorized use of any information obtained from the Site.
PRIVACY
Axiota respects the privacy of the users of the Site. Please refer to Axiota’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on the Site.
VOID WHERE PROHIBITED
The Site and the Materials are intended to comply with the laws and regulations in the United States. Although the information on the Site is accessible to users outside of the United States, the information pertaining to Axiota products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and veterinary practices that differ from those in the United States. Axiota reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on the Site is void where prohibited.
MISCELLANEOUS
The Site is controlled and operated by Axiota from its offices in the State of Colorado, United States of America. Axiota makes no representation or warranty that the Materials in the Site are legal, appropriate or available for use in other locations. Those who choose to access the Site from other jurisdictions do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. Axiota has the right at any time to modify, change, add to, discontinue or alter in any manner any aspect of the Site including, without limitation, the Materials and this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties hereto with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing your use of the Site and destroying all Materials obtained from it. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule, whether of the State of Colorado or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in Denver County. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Axiota reserves the right to alter or delete materials from the Site at any time at its sole discretion.