Terms of Use
Effective as of October 9, 2009.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE Testim.com WEBSITE.
By using this website, you agree to these Terms of Use. If you do not agree, please exit and disregard the information contained herein.
Testim.com ("website") is provided to you by Auxilium Pharmaceuticals, Inc., with its principal offices in Malvern, Pennsylvania USA ("Auxilium" or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this website. By accessing or using this website, you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time.
Modifications to Terms of Use
Auxilium may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this website and specifying the effective date of the new version of the Agreement. Your continued use of the website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. You may view the current applicable version of this Agreement at any time through a link at the bottom of each page within this website.
Privacy
The information that we obtain through your use of the website, whether collected through the registration process, submitted by you in posts to the website or otherwise, is subject to our Privacy Policy. That privacy policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the privacy policy before you use the website. If you are unwilling to accept the terms and conditions of the privacy policy, you must not use the website.
Compliance with Laws
You agree to comply with all laws applicable to your use of the website. You also agree that you will not use the website in any way to:
1. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the website,
2. interfere with, disrupt, or harm in any way the website or servers or networks connected to the website,
3. electronically stalk or otherwise harass another user,
4. engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law,
5. use the website in violation of any applicable laws or regulations, or any rules or guidelines established by Auxilium.
Ownership of Content
All design, text, sound, images, or pages of the Testim.com website are protected by copyright © 2009, Auxilium Pharmaceuticals, Inc. ALL RIGHTS RESERVED. Copying or retransmission, electronically or in hard copy, of any of the design, text, sound, images or pages of this website is strictly prohibited, except that copying is permitted for the sole purpose of performing authorized work with Auxilium or its affiliates or for your personal, noncommercial use. Any other use of the materials on this website, without the express written permission of Auxilium, is strictly prohibited.
Trademark Notices
All trademarks, service marks, logos and designs used on this website, whether registered or unregistered, are owned by Auxilium, its subsidiaries, its affiliates or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Auxilium, its affiliates or other third parties without our prior written consent.
Your Contact with Other Third Parties
Your dealings with other third parties found on or through the website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties or representations associated with such dealings.
Auxilium does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Auxilium will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the website.
Other Websites
The website, or third parties on the website, may provide links to other sites and/or resources over which Auxilium has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Auxilium of content, items or services on those third-party websites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. Auxilium makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked websites. You agree that Auxilium has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products or other materials available through such sites or resources.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUXILIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
AUXILIUM DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AUXILIUM MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
Limitations of Liability
AUXILIUM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH CONTENT.
ADDITIONALLY, IN NO EVENT WILL AUXILIUM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT AUXILIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Reservation of Rights
Auxilium reserves the right to alter or delete material from this site at any time without notice.
Modification or Suspension of the Website
Auxilium may at any time modify, discontinue or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice to you.
Complaints Regarding Content
If you believe that any specific content available on the website infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please e-mail us at ITTestim@auxilium.com.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the website shall be governed by and construed in accordance with the laws of Pennsylvania without giving effect to any principles of conflicts of law. Any legal action or proceeding between Auxilium and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction in Pennsylvania, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Indication
Testim 1% (testosterone gel) is a prescription medicine that contains testosterone. Testim is used to treat adult males who have low or no testosterone.
Important Safety Information
What is the most important information I should know about Testim?
Signs of puberty that are not expected (for example, pubic hair) have happened in young children who were accidentally exposed to testosterone through contact with men using Testim.
Testim can transfer from your body to others. This can happen if other people come into contact with the area where the Testim was applied to your skin.
- Women and children should avoid contact with the unwashed or unclothed area where Testim has been applied
- To lower the risk of transfer of Testim from your body to others, you should: wash your hands right away with soap and water after applying Testim and cover the application area with clothing after the gel has dried. If you expect to have skin-to-skin contact with another person, first wash the application area well with soap and water
Stop using Testim and call your doctor right away if you see any signs and symptoms of puberty in a child, or changes in body hair or increased acne in a woman, that may have occurred through accidental exposure to Testim.
Do not use Testim if you: have breast cancer; have or might have prostate cancer; are allergic to testosterone or any of the ingredients in Testim, including soy.
Testim is not meant for use in women. If you are pregnant, may become pregnant, or are breast-feeding, Testim may harm your unborn or breast-feeding baby. Women who are pregnant or who may become pregnant should avoid contact with the area where Testim has been applied.
Other serious side effects include the following:
- If you already have enlargement of your prostate gland, your signs and symptoms can get worse while using Testim
- Possible increased risk of prostate cancer
- In large doses, Testim may lower your sperm count
- Swelling of your ankles, feet, or body, with or without heart failure. This may cause serious problems for people who have heart, kidney, or liver disease
- Enlarged or painful breasts
- Having problems breathing while you sleep (sleep apnea)
- Blood clots in the legs. This can include pain, swelling, or redness of your legs
The most common side effects of Testim include: skin irritation where Testim is applied, increased red blood cell count, headache, and increased blood pressure.