The content in the Adbry Digital Companion (“Adbry Digital Companion”), is owned by LEO Pharma Inc. or its affiliates (“LEO Pharma”). The content in the Adbry Digital Companion is intended only for patients and caregivers of patients taking ADBRY™ (tralokinumab-ldrm) injection, for subcutaneous use consistent with the U.S. Food and Drug Administration (“FDA”) approved labeling.
LEO Pharma reserves the right to modify these Terms at any time at its sole discretion. You should check the Adbry Digital Companion from time to time to review the then current Terms because it is binding on you. Your continued use of the Adbry Digital Companion constitutes your acceptance of any changes to the Terms.
These Terms were last updated on January 3, 2022.
The content in the Adbry Digital Companion is intended only for U.S. residents. We control and operate this Adbry Digital Companion from the United States of America. If you are a non-US resident, you may access this Adbry Digital Companion solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Adbry Digital Companion do not imply that LEO Pharma intends to announce or offer these products or services in your country.
3. Adbry Digital Companion Access
LEO Pharma reserves the right to limit access to certain areas of the Adbry Digital Companion to certain users who meet the qualifications imposed by us. We reserve the right to discontinue access to any restricted area of the Adbry Digital Companion at any time, without notice to you, for any reason.
4. Modifications to Resource Center
LEO Pharma reserves the right to modify or discontinue the Adbry Digital Companion (or any portion of the Resource Center), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Resource Center. LEO Pharma shall not be liable to you or any third party in the event that LEO Pharma exercises its right to modify or discontinue the Adbry Digital Companion (or any portion of the Resource Center). Unless explicitly stated otherwise, any new features that augment or enhance the current Adbry Digital Companion shall be subject to these Terms.
5. No Medical Advice
The information on this Adbry Digital Companion is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment.
6. Intellectual Property Rights
The entire content included in the Resource Center, including without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like and the selection and arrangement thereof (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to LEO Pharma, its affiliates or subsidiaries, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
All Content on the Adbry Digital Companion is provided to you AS IS for your information and personal use only.
- You may download, view, copy and print Content, subject to the following conditions:
- the Content may be used solely for personal, informational, or internal business purposes;
- any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
- the Content may not be modified or altered in any way; and
- no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Adbry Digital Companion in whole or in part without the express permission of LEO Pharma. Requests for such permission should be made by contacting us. Any rights not expressly granted herein are reserved.
7. Prohibited Uses Generally
You shall not:
- delete or revise any material or other information of any other user or LEO Pharma;
- take any action that imposes an unreasonable or disproportionately large load on the Resource Center’s infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Adbry Digital Companion or any activity being conducted on the Resource Center; or
- attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Resource Center.
You further agree not to violate or attempt to violate the security of the Resource Center. Violations of system or network security may result in civil or criminal liability. In accordance with these Terms, LEO Pharma will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
8. Third-Party Content and Links to Third-Party Websites
9. Disclaimer of Warranties
THE APP AND ADBRY DIGITAL COMPANION AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEO PHARMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. LEO PHARMA MAKES NO WARRANTY THAT: (A) THE APP OR ADBRY DIGITAL COMPANION WILL MEET YOUR REQUIREMENTS; (B) THE APP OR ADBRY DIGITAL COMPANION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR ADBRY DIGITAL COMPANION OR ANY SERVICES OFFERED THROUGH THE APP OR ADBRY DIGITAL COMPANION WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APP OR ADBRY DIGITAL COMPANION WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR ADBRY DIGITAL COMPANION IS DONE AT YOUR OWN DISCRETION AND RISK. LEO PHARMA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEO PHARMA OR THROUGH THE APP OR ADBRY DIGITAL COMPANION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability
IN NO EVENT SHALL LEO PHARMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE APP OR ADBRY DIGITAL COMPANION OR ANY SERVICES PROVIDED THROUGH THE APP OR RESOURCE CENTER, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE APP OR RESOURCE CENTER, YOU RELEASE PHARMA FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LEO Pharma has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, LEO Pharma’s liability in such jurisdictions shall be limited to the extent permitted by law.
12. No Resale of the Resource Center
Your right to use the Adbry Digital Companion is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Resource Center, without the express written consent of LEO Pharma.
You agree to indemnify, defend and hold LEO Pharma, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Adbry Digital Companion or your violation of these Terms.
14. Export Restrictions/Legal Compliance
LEO Pharma controls this Adbry Digital Companion from within the United States of America. You may not access, download, use or export the Adbry Digital Companion or the Content in violation of US export laws or regulations, or in violation of any other applicable laws or regulations.
15. Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its choice of law provisions. All disputes arising from or relating to these Terms shall be brought in a court of competent jurisdiction in the State of New Jersey. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOU USE OF THE ADBRY DIGITAL COMPANION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT LEO PHARMA MAY COMMENCE ANY SUCH ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER NEW JERSEY LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
LEO Pharma reserves the right, in its sole discretion, to terminate your access to and use of the Resource Center, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
17. No Waiver
The failure of LEO Pharma to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LEO Pharma as a result of these Terms or your access to and use of the Resource Center. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Terms constitutes the entire agreement between you and LEO Pharma and governs your use of the Resource Center. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
LEO Pharma may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of LEO Pharma. These Terms shall inure to the benefit of and be binding upon each party’s successors and permitted assigns.