Effective as of October 1, 2010.
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.
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 Â© 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.
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.
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.