Thank you for visiting the website of ContinuumRx (“Company”). These Terms and Conditions of Website Use (the “Terms of Use”) apply to the Company web site located at www.continuumrx.com, and all associated sites controlled by Company and linked to www.continuumrx.com by Company, its subsidiaries and affiliates, including Company sites around the world (collectively, the “Website”). These Terms of Use set forth the terms and conditions that apply to your access to and use of our Website. By using our Website, you accept these Terms of Use and agree to comply with all of the terms and conditions hereof and with all applicable laws, statutes and regulations. If you do not intend to be legally bound by these Terms of Use, do not access or use the Website. You are responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices.

We reserve the right to change the Terms of Use, including our separate Privacy Policy, from time to time as we deem appropriate. All changes, modifications, additions or deletions will be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the Terms of Use so that you will always know what terms and conditions apply to your access to and use of this Website. Your continued use of our Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Company may change, restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time.

This Website and all content included on the Website and all software, data and information used to provide this Website, including text and images, methods of display and presentation, source code, embedded routines and programs and other materials are owned by Company, its affiliates, licensors or providers, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any products or services made available by Company through the Website. Except as expressly authorized in these Terms of Use or other similarly-named document governing your access to products and services made available by the Company through the Website, you may not copy, display, reproduce, download, distribute, modify, edit, alter, enhance, or use this Website or any elements thereof, including, but not limited to, electronically or mechanically, or by photocopying, recording, or otherwise. All rights not expressly granted to you by us in these Terms of Use are reserved to Company and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website as authorized hereunder.

The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Company intends to make such product or service available in all such countries.

ContinuumRx.com is a trademark of Company. All other trademarks, service marks, trade names and logos (each, a “Mark” and, collectively, the “Marks”) found on the Website or mentioned herein belong to their respective owners. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of Company or such third party that owns such Mark. Company will enforce its intellectual property rights to the fullest extent permitted by law.

Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without the express written permission of Company. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any Mark, content or other proprietary information (including images, text, page layouts, or forms) included on the Website, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the Marks of Company or any of its affiliates without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website using any “robot,” “spider,” “deep link,” “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose.

This Website may provide links or references to third party sites that Company does not operate and which will allow you to leave the Website or open an additional browser connecting you to the third party site. Company has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided merely as a convenience to the users of this Website, and such links do not imply endorsement of such other third party sites or the content contained therein by Company. Company disclaims all liability with regard to your access to such linked third party sites, and access to any other third party site linked to this Website is at your own risk. You should consult the terms of use and privacy policy of any other third party site. You release and discharge Company, its affiliates, licensors and providers from any and all liability arising from your access to or use of, or your purchase or use of products or services by or through, such third party sites.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Company may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Company makes no commitment to update the materials on the Website with respect to such products and services.

The information contained on our Website is provided as a service to our users and readers for informational purposes only. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Website, including information, goods and services referred to, advertised or promoted on or sold though the Website. This Website, all information and content contained on the Website, and all products available through this Website are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither Company, its affiliates nor any of their respective employees, agents, licensors, or providers warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Website. Before purchasing goods or services you have read about on this Website, you should confirm with Company or the applicable vendor any information (including the price) that is important to your purchasing decision. Company is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaims any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in this Website or any related publication.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMPANY, ITS AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS AND PROVIDERS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OF OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT. IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that the entire liability of Company, its affiliates, agents and licensors, if any, in connection with any kind of legal claim arising out of or otherwise related to this Website will not exceed the amount you paid, if any, for the use of this Website or any products purchased from Company out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

We have put in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet. If you have concerns about providing us with your credit card information online, please call us at one of our published customer service numbers and we will be happy to assist you directly.

Any personally identifiable information provided by you in electronic communications to the Website is governed by this Website’s Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in these Terms of Use by this reference.

By submitting material to any public area of this Website, you grant Company and its affiliates the fully paid-up, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, display and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter created or developed. You also permit any other user of this Website to access, view, store or reproduce the material for that user’s personal use. You agree that such materials will not contain any content which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses.

You may have the opportunity to submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Website, whether by submission to a public area of the Website (e.g., message boards) or by other communication to us through email or other means of electronic communication facilitated by the Website. By submitting such Ideas, you agree that Company and its affiliates shall be free to use, copy, publish, distribute or display the Ideas in any manner it deems appropriate without any obligation to you whatsoever. Such purposes may include disclosure to third parties and developing, manufacturing, commercializing and marketing goods and services based on such Ideas. By disclosing such information, you hereby waive any claim that Company misappropriated any such Ideas, or any portions of your communication, in any activities in which Company may engage in the future.

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Website, and the public.

Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.

Use of this Website by you for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. By using this Website, you agree not to use information concerning other users of this Website, or any items they’ve searched for on this Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose.

These Terms of Use are governed by the laws of the State of Alabama, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Birmingham, Alabama, U.S.A. in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use or your use of this Website.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, which includes any discontinuance or material modification of the Website or any service offered on or through the Website, or due to any unexpected technical issues or problems. We reserve the right to deny access to the Website at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

This Website contains “forward-looking statements,” as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may vary or differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this Website should be evaluated together with the disclosure regarding Company in our registration statements and periodic reports filed with the Securities and Exchange Commission, including the risks and uncertainties facing our business described therein.

If you have further questions that were not addressed in the above policy, please contact us at 205-968-9500 or email us at contactus@continuumrx.com.