ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and Its Use
This web site (the "Site") is owned and provided by KV Pharmaceutical Company from its offices in St. Louis, Missouri and its subsidiaries and affiliated companies including without limitation ETHEX Corporation, Particle Dynamics, Inc., and Ther-Rx Corporation (collectively "KV"). Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws, and KV retains the right to restrict access or change the site at any time in the exercise of its discretion.
You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable. Nor shall you post or transmit through this Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without KV's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in KV's opinion, restricts or inhibits any other user from using or enjoying this Site will not be permitted.
The Site contains information and materials (collectively "Materials") which are derived in whole or in part from information and materials supplied by KV and other sources, and are protected by international copyright, trademark and other laws, including but not limited to, text, software, photos, video, graphics and audio, and the entire content of this Site is copyrighted as a collective work under the United States Copyright Laws. KV owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, noncommercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of this Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of KV's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other web
site or networked computer or environment is prohibited without KV's express written consent. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. KV ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. POSTINGS ARE MADE AT SUCH TIMES AS THE COMPANY DETERMINES IN ITS DISCRETION. READERS SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON THIS SITE HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. THE COMPANY DOES NOT REVIEW PAST POSTINGS TO DETERMINE WHETHER THEY REMAIN ACCURATE, AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED.
KV ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
KV may provide as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web
site which you may access through this one. Any link to a non-KV web site does not mean that KV endorses or accepts any responsibility for the content, or the use of such web site. If you use these sites, you do so at your own risk. KV makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any products and services described thereon. Furthermore, links do not imply that KV is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of KV.
Any opinions, statements, services, offers or other information or content expressed or made available in this Site by any third party are those of the respective author(s) or distributor(s) and not of KV.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL KV, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS; LOST DATA OR PROGRAMS; AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KV SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
KV's obligations and responsibilities regarding its products and services are governed solely by KV's terms and conditions of sale or license under which such products and services are sold or licensed.
The materials at this Site may contain various forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1995 ("PSLRA") and which may be based on or include assumptions, concerning KV's operations, future results and prospects. Such statements may be identified by the use of words like "plans," "expect," "aim," "believe," "projects," "anticipate," "intend," "estimate,"
"will," "should," "could" and other expressions that indicate future events and trends. All statements that address expectations or projections about the future, including without limitation, statements about the Company's strategy for growth, product development, market position, expenditures and financial results, are forward-looking statements.
All forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "safe harbor" provisions, KV provides the following cautionary statements identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include (but are not limited to) the following: (1) changes in the current and future business environment, including interest rates and capital and consumer spending; (2) the difficulty of predicting FDA approvals; (3) acceptance and demand for new pharmaceutical products; (4) the impact of competitive products and pricing; (5) new product development and launch; (6) reliance on key strategic alliances; (7) the availability of raw materials; (8) the regulatory environment; (9) fluctuations in operating results; (10) the difficulty of predicting the pattern of inventory movements by the Company's customers; (11) the impact of competitive response to the Company's efforts to leverage its brand power with product innovation, promotional programs, and new advertising; and, (12) the risks detailed from time to time in the Company's filings with the Securities and Exchange Commission.
This discussion of uncertainties is by no means exhaustive, but is designed to highlight important factors that may impact the Company's outlook.
Information Provided by You
It has been and remains KV's policy not to accept or consider ideas, suggestions or materials other than those that KV has specifically requested from you. Accordingly, KV does not want you to, and you should not, send any confidential or proprietary information to KV through our Site unless specifically requested by KV. Please note that any unsolicited information or material sent to KV will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you automatically grant to KV (or warrant that the owner of such information and material has expressly granted to KV) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that KV is free to use any ideas, concepts, know-how or techniques that you send KV for any purpose.
As further provided above, KV does not want to receive, and you are deemed to covenant and agree through the use of this Site not to provide, any information or materials to KV that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
KV reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added or removed and updated without notice at any time; however, KV is under no obligation to update Materials. KV may also make changes in the products, services, programs or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change KV makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to This Site
Anyone linking to KV's web site must comply with KV's guidelines for linking to KV's web site and all applicable laws.
This Site is administered by KV from its offices in the United States. Materials published at this Site may refer to products, programs or services that are not available in your country. Furthermore, KV makes no representation that the Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of the State of Missouri, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The user agrees that any dispute arising out of the use of this site shall be subject to the exclusive jurisdiction and venue in courts located in St. Louis, Missouri, USA.
These Terms constitute the entire agreement between KV and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises or it is deemed to be waived.
KV is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to our Site.
Information About KV On-Line Visitors
Our web servers generally collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.
There are times however, when we may need information from you, such as your name and address. The personal information KV obtains may be used for the purposes deemed by KV to be legitimate business purposes including, for example, to respond to inquiries, to process orders, or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research, such as your interests, demographics, and experience with our products. Occasionally, we may make the e-mail addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting.
There is a technology called "cookies" which is an element of data that a web
Web Site Links
KV's Site may contain links to other web sites such as KV distributors and sales representatives. While KV tries to link only to sites that share its high standards and respect for privacy, KV cannot take responsibility for the content or the privacy practices employed by other Sites.
We make no representations whatsoever about any other web site that may be linking
to our Site. Any link from another site to our Site does not mean that we endorse
or accept any responsibility for the content or the use of such web site. If you
use the other web sites, you do so at your own risk. We make no warranty or representation
regarding them, and do not sponsor or endorse any linked web sites, the information or materials appearing on them, or any of the products and services they describe. Links from another web site to ours does not imply that we are affiliated or associated with the linked site, or that it is authorized to use any trademark, trade name, logo or copyright of ours. In addition, third-party web sites may have different privacy policies and you should review them.
©2013, KV Pharmaceutical Company, All Rights Reserved