Terms of Use

Oravig® Website Terms of Use

Welcome to the Oravig website, developed and operated by DARA BioSciences Inc. DARA can be contacted at info@darabio.com or by calling 1-855-327-2246.

The information presented on this website is provided for informational purposes only.  Please review these Terms of Use before using the website.  Access and use of this website shall be considered acknowledgement that you have read, understood, and agreed, without limitation or qualification, to the following terms and conditions, and notices as well as applicable laws.   DARA may, in its sole discretion, revise this Agreement from time to time by updating these terms and conditions or the privacy policy, with the revised terms taking effect on the date of posting.  Your continued use of the website after the posting of such revisions constitutes your acceptance of the revised version of the terms of use and privacy policy.

1.    No Warranty or Liability

While DARA makes all reasonable efforts to include accurate and up-to-date information on its site, the company makes no representations or warranties express or implied, as to the accuracy, reliability, completeness, or timeliness of the information provided on this website and disclaim any liability for the use of this web site or its contents.  Use of the website and the Material is at your own risk.

DARA reserves the right to make changes, corrections and/or improvements for the information provided in this website, and to the products and programs described in such information, at any time without notice.  All users agree that all access and use of this web site and of any site linked to from this web site and the content thereof is at their own risk.

DARA also 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 this web site or your downloading of any materials, data, text, images, video, or audio from this web site.  Neither DARA nor any other party involved in creating, producing, or delivering this web site or on any site linked to from this web site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, or punitive damages arising out of your access, use, or inability to use this web site or any site linked to from this web site, or any errors or omissions in the content thereof.

2.    Health Related Information

Some information provided in this web site may relate to medical or health conditions, their prevention and/or treatment.  This information is provided for informational purposes only.  It depends on the current state of scientific research and is not to be considered as sure or as definitive, and may even be proven as incorrect accordingly to scientific progress.  DARA uses all reasonable efforts to ensure this information is accurate and up to date, but cannot provide any warranties about its continuous scientific correctness.  It is not, and is not meant to be, a substitute for advice that should be provided by a physician or other medical professional.

Do not use the information for diagnosing a health problem or disease.  Always consult your own physician and medical advisers.

3.    Indemnity and Limitation of Liability

You agree to defend, indemnify, and hold harmless DARA BioSciences, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions.  DARA will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.

In no event will DARA, our affiliates, licensors, suppliers, or advertisers be liable for, and you cannot recover, any costs, damages and expenses whatsoever (including, without limitation, punitive, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the website, whether based on warranty, contract, tort or any other legal theory, and whether or not DARA is advised of the possibility of such damages.  DARA will be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed ten U.S. dollars ($10.00).  This is your exclusive remedy.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

4.    Use of the Website

A.    Privacy

Please review the Privacy Policy, which also governs your visit to this web site, to understand our information management practices.

B.    Information Submitted by Users

Subject to any applicable terms and the conditions set forth in the Privacy Policy, any communication or other material that you provide to us through the web site, electronic mail, or otherwise, such as any questions, comments, or suggestions shall be deemed non-confidential and non-proprietary.  DARA shall have no obligation to you of any kind with respect to such information.  DARA may use such information for any purpose, including (but not limited to) reproduction, disclosure, transmission, publication, broadcast, and posting.  Moreover, DARA is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to its web sites for any purpose, including (but not limited to) developing, manufacturing, and marketing products or services using such information.  DARA may, at anytime and without notice, remove such content for any reason.

C.    License and Web Site Access

You are granted limited license to access and make personal use of this web site.  DARA BioSciences authorizes you to view and download a single copy of the material on the site solely for your personal use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.  You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purposes.  The use of the material on any other web site or in a networked computer environment for any purpose is prohibited.

You may not copy or adapt the HTML or other code that DARA BioSciences uses to generate its pages.  This code is also protected by DARA copyright.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this web site so long as the link does not portray DARA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You acknowledge your sole and exclusive liability with respect to any issues arising out of or in connection to the creation of such hyperlink.  You may not use any DARA/Oravig logo or other proprietary graphic or trademark as part of the link without our express prior written consent.

D.    Termination and Limitations on Access

Features may be unavailable or the experience may not be the same for every user at all times.  DARA does not guarantee availability of any aspect of the website or any particular feature.  We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the website (including reducing available storage capacity, if any, and removing any of the content contained in the website) at any time without notice.

You agree that we may terminate your use of the website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of DARA or any third party, or for any other reason with or without notice to you.

E.    Eligibility

DARA provides this website for use only by persons located within the United States.  DARA makes no representation that the website or its content is appropriate or available for use in locations outside the United States.   If you do not intend to accept this agreement, please do not use this website.

5.    Web Site Content

A.    Availability and Description of Products and Services

This web site and its contents are intended for US residents only and refer to products and/or services that are generally available in this country.  Products described may not be available in other countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.  If you access the site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws in your jurisdiction.  Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within North Carolina.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.  No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision.  Except as expressly provided in an end user software license, or in a “Legal Notice” or other statement by DARA BioSciences on the Web Site, these Terms and Conditions constitute the entire agreement between you and DARA with respect to the use of Web Site.  No changes to these Terms and Conditions may be made except by a revised posting on this page.

B.    Third Party Web Sites and Links

Links to third party pages are provided for convenience only.  DARA does not endorse, express any opinion on, and is not responsible for, the content of any off-site pages or any other sites linked to this web site and expressly disclaims any liability for all third party information and the use of it.  If you decide to access linked third-party sites you do so at your own risk.

DARA also may post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information.  DARA does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content.  DARA is not responsible for updating or reviewing Third Party Content.  You use Third Party Content at your own risk.

The user agrees that DARA is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  You agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that DARA is in no way responsible for any such use by the user.

C.    Intellectual Property

i)    Trademark

DARA and Oravig’s logos, trademarks and other marks that appear throughout this web site belong to DARA and/or business partners, and are protected by applicable trademark laws.  You are prohibited from using any of the marks appearing throughout this web site without express prior written consent from the respective trademark owner except as may be permitted by applicable laws.

ii)    Copyright

All content on this web site, including (but not limited to) text, graphics, logos, button icons, images, audio, and video content, digital downloads, data compilations, and software is the property of DARA, its affiliates, content suppliers, vendors, and/or business partners and protected applicable copyright laws unless otherwise noted.  You may download, display or print information from this web site solely for non-commercial personal use.  Any other reproduction, retransmission, or use is strictly prohibited.

iii)    Copyright Infringement

If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:

(A)    a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(B)    a description of the copyrighted work or other intellectual property that you claim has been infringed;

(C)    a description of where the material that you claim is infringing is located on the website;

(D)    your address, telephone number, and email address;

(E)    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(F)    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:       Copyright Agent [available on request]
By phone:    Copyright Agent [available on request]
By email:      Copyright Agent [available on request]

6.    Miscellaneous

A.    Revisions

DARA may at any time revise these Terms of Use at its discretion and without prior notification by updating this posting.  Since you are bound by these Terms of Use, you should periodically visit this web page to review the then current Terms of Use.

B.    Applicable Law and Jurisdiction

These Terms of Use, their interpretation, validity and any dispute arising out of or relating to such Terms of Use are to be governed by and construed in accordance with the law of the United States.

Any dispute, action, suit or legal proceedings, including interim proceedings arising out of or relating to this privacy policy and this website, shall be exclusively brought before the state courts of, or Federal Courts sitting, in North Carolina.  DARA or its affiliates shall be free to bring any dispute, suit or legal proceedings, including interim proceedings, arising out of or relating to this Privacy Policy and this website before the state courts of, or Federal Courts sitting in, North Carolina and/or before any other competent jurisdiction.

i)    Severability

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

ii)    Notice

DARA may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail.

You may give notice to DARA at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

DARA BioSciences Inc.,
8601 Six Forks Road
Suite 160
Raleigh
NC 27615

DARA BioSciences Inc., April, 2012