Your Agreement and Consent
Definition of “Personal Information”
Information You Provide
Some areas of the Site or Apps may ask you to submit personal information in order for you to benefit from the specified features or to participate in a particular activity. Categories of personal information we may collect through the Site and the Apps include email, zip code, and age. When we collect personal information, we clearly label the information we are collecting. You have the sole and absolute discretion as to whether to provide personal information to us, when asked.
Passive Information Collection
Do Not Track
The Site and the Apps do not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.
Use and Disclosure of Information
We may use information collected through the Site or Apps to improve the content of the Site and Apps, to communicate with you, for our marketing and research purposes, and for any other purpose specified at the time the information is collected. In addition, we may use and disclose to others non-personal information collected through the Site or Apps without any restrictions.
to a purchaser or successor entity in connection with the sale, merger, assignment, or other transfer of Cutanea or any of its affiliates, or line of business or product of Cutanea or any of its affiliates, or sale of substantially all of the assets of Cutanea or any of its affiliates; or
to respond to law enforcement requests or where we determine that disclosure is required by applicable laws, court orders, or government regulations; or
if you have consented to the disclosure.
No Third-Party Direct Marketing Use
Cutanea will not sell or otherwise transfer the personal information you provide us at the Site or Apps to any third parties for their own direct marketing use unless we have obtained your explicit consent for your data to be shared in this manner.
Personal Information Protection
We take measures designed to prevent unauthorized intrusion to the Site and the Apps and the alteration, acquisition or misuse of personal information, however, we will not be responsible for loss, corruption or unauthorized acquisition or misuse of personal information that you provide through the Site or Apps or that is stored by us, or for any damages resulting from such loss, corruption or unauthorized acquisition or misuse. It is your responsibility to protect the security of your login information.
The Site and the Apps are not intended for or designed to attract children under the age of 13. We will not knowingly collect or maintain personal information through the Site or Apps from visitors in this age group. If you are a parent and you become aware that your child has provided us with information, please contact us as specified below, and we will work with you to address this issue.
Correction and Deletion of Personal Information
To keep personal information that you provide through the Site and Apps accurate, current and complete, please contact us as specified below and we will take appropriate steps to update or correct such information in our possession, or to delete your personal information from our contact list.
How to Contact Us
Cutanea Life Sciences, Inc.
1500 Liberty Ridge Drive
Wayne, PA 19087
Attention: General Counsel
www.Xepicream.com User Agreement
THE SITE, THE APPS, AND THE CONTENT AND ANY EMAIL ALERT SERVICE AVAILABLE THROUGH THE SITE OR ANY OF THE APPS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CUTANEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR EMAIL ALERT SERVICE AVAILABLE THROUGH THE SITE OR ANY OF THE APPS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE APPS, AND THE CONTENT AND EMAIL ALERT SERVICE AVAILABLE THROUGH THE SITE OR AY OF THE APPS IS AT YOUR SOLE RISK. CUTANEA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE, ANY APP, OR THE EMAIL ALERT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHER, CUTANEA EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THE SITE OR ANY APP AND MAY CEASE THE EMAIL ALERT SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THE SITE, ANY APP OR THE EMAIL ALERT SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Medical information that appears on the Site or any App is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. The information provided on the Site or any App should not be relied upon as the basis of any health-care decision. Please confirm all Site and App content with other sources and with your physician and professional health care providers. We do not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Site or any App. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SITE OR ANY APP. DO NOT USE THE SITE OR ANY APP FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911.
Links to Other Websites
The Site or an App may link you to other websites that are not owned or controlled by Cutanea. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors. These links are provided for your convenience only. Cutanea expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and /or the collection and use of personally identifiable information by these third-party sites. If you choose to hyperlink to another website, you do so at your own risk. We reserve the right to terminate a link to a third party website at any time.
Links from Other Websites to this Site
If a third-party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to the Site. Cutanea expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites.
The Site and the Apps contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. All statements contained on the Site and the Apps that are not historical facts are hereby identified as forward-looking statements for this purpose. Forward-looking statements generally can be identified by words such as “may,” “will,” “shall,” “could,” “would,” “should,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “ongoing” and similar expressions , although not all forward-looking statements contain these identifying words. Forward-looking statements are based upon our current expectations and beliefs and are subject to risks and uncertainties that could cause actual results to differ materially and adversely from those expressed or implied by such statements. Factors that could cause or contribute to such differences include, but are not limited to, general financial, economic, regulatory and political conditions affecting the biotechnology and pharmaceutical industries. In light of the significant uncertainties in forward-looking statements, you should not regard such statements as a representation or warranty that we will achieve our objectives and plans in any specified timeframe, and you should not place undue reliance on any forward-looking statements. While we may update certain forward-looking statements from time to time, we specifically disclaim any obligation to do so, whether as a result of new information, future developments or otherwise.
Intellectual Property Rights
All materials contained on the Site and the Apps are protected by law, including but not limited to United States patent, copyright, trademark and trade secret law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site and Apps are Copyright © 2016 - 2018 Dermarc, LLC, a wholly owned subsidiary of Cutanea Life Sciences, Inc., or its licensors, all rights reserved. Cutanea also owns a copyright in the Site and each of the Apps as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. The Cutanea name and logo, and all product names and other trademarks on the Site any the Apps, whether or not appearing with a trademark symbol, are trademarks of Dermarc, LLC, a wholly owned subsidiary of Cutanea Life Sciences, Inc. unless otherwise noted. Xepi™ is used by Cutanea under license from Ferrer Internacional, S.A. and its licensees. Unauthorized use of any material or trademarks contained on this Site or any of the Apps may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes and other laws and regulations. Please be aware that Cutanea actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Copyright Owners’ Rights Under the Digital Millennium Copyright Act Of 1998 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by Cutanea infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for the Site and the Apps should be sent to General Counsel, Cutanea Life Sciences, Inc., 1500 Liberty Ridge Drive, Suite 3000, Wayne, PA 19087.
Limitation of Liability
YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE SITE, THE APPS AND THE EMAIL ALERT SERVICE AVAILABLE THROUGH THE SITE OR ANY OF THE APPS. IN NO EVENT SHALL CUTANEA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING LOSS OF PROFITS), PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXISTENCE, ACCESS OR USE OF THE SITE, THE APPS OR ANY SUCH EMAIL ALERT SERVICE, REGARDLESS OF WHETHER CUTANEA OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.