Terms Of Use
VIROPHARMA INCORPORATED (“ViroPharma”) provides the materials on its website for general informational, educational, and disease awareness purposes. Although accessible by Internet users outside of the U.S., the website and its content are intended strictly for access and use by U.S. residents only.
Please read these Terms of Use and Privacy Policy (collectively, the “Agreement”) carefully as they govern your access and use of the website. By accessing or using the website, you indicate that you understand and agree to be bound by the terms of the Agreement. If you do not agree to be bound by the terms of the Agreement, please discontinue access and use of the website. We reserve the right to revise the Agreement in whole or in part at any time. Your continued use of this website following reasonable notice of such revisions will constitute your acceptance of such revisions. You also agree that notices we may provide on the website itself shall be deemed reasonable notice for this purpose. You should visit this page periodically to review the current version of the Agreement that applies to your access and use of the website.
LICENSE GRANT
These Terms of Use provide you with a personal, revocable, nonexclusive, nontransferable license to use this website conditioned on your continued compliance with the Terms of Use contained herein. You may print and download materials and information on this website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other proprietary and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, upload, download, post, broadcast, transmit, reproduce, republish, reverse engineer, decompile, disassemble, mirror, frame, license, transfer, sell, or otherwise use any information or material, including without limitation the HTML or other software instructional code, obtained from or through this website. As a further condition of use of this website, you warrant to ViroPharma that you will not use this website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. Any rights not expressly granted herein are reserved.
DISCLAIMER
THE CONTENT ON THE VIROPHARMA WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE.” VIROPHARMA MAKES NO REPRESENTATIONS OR WARRANTIES 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. VIROPHARMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, UNINTERRUPTED, SECURE, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR ERROR FREE.
The website contains information concerning ViroPharma and its products that may be useful to our customers, patients, investors, employees and shareholders as well as the general public. ViroPharma makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the website. Further, ViroPharma expressly disclaims any obligation or duty to update or correct information contained on the website. ViroPharma assumes no liability or responsibility for any errors or omissions in the content of the website. ViroPharma reserves the right to make additions, deletions or modifications to the information or materials on the website at any time. You assume the sole and complete risk of using this website.
The information presented on our website is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of any health-care decision. This information is not intended to replace informed medical advice from your qualified health-care provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any health-care product.
LIMITATION OF LIABILITY
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL VIROPHARMA OR ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE WEBSITE, REGARDLESS OF WHETHER VIROPHARMA OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
We do not warrant that the functions or informational materials contained in or accessed through our website are free of computer viruses or other harmful components. Although we make a good faith effort to update the content of our website periodically, we do not have a duty to update information contained in our website, and we will not be liable for any failure to update such information.
INDEMNIFICATION
You agree to indemnify and hold harmless ViroPharma and its subsidiaries, affiliates, and related companies, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) arising out of any third-party claims based on or related to your use of this website or any breach by you of these Terms of Use.
YOU SHOULD NOT RELY ON THE STOCK PRICE INFORMATION ON OUR WEBSITE
We do not generate the information regarding ViroPharma stock prices for our website. We believe the information on the stock price is accurate, but we cannot guarantee or warrant the accuracy, completeness, or timeliness of the information. You should not rely on the stock price information for investment purposes. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that arise from reliance on information on the stock price on our website.
YOU SHOULD NOT RELY ON THE E-MAIL ALERT SERVICE AVAILABLE THROUGH OUR WEBSITE
The E-Mail Alert Service available through our website is provided through a third party and we cannot guarantee or warrant the accuracy, completeness or timeliness of the E-Mail Alert Service. You should not rely on this service for investment purposes. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that arise from reliance on the E-Mail Alert Service available through our website.
WE ARE NOT PROVIDING INVESTMENT ADVICE NOR SOLICITING OFFERS
Nothing in this website constitutes investment advice, including without limitation, our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other website content are not offers to sell or solicitations of an offer to buy any security.
There are no guarantees about the future performance of the stock market or our stock. Before you invest in any security, you can protect yourself by being an educated investor. If you are interested in our stock, we recommend that, at a minimum, you read our latest annual report and 10-K, 10-Q and 8-K reports to the SEC over the past year. Our recent proxy statements for shareholder meetings also contain important information. It is also advisable to learn more about us and our industry through a variety of public materials.
Our recent annual reports, 10-K and 10-Q reports and other materials are accessible through this website. Other materials we have filed with the SEC are available through its website at http://www.sec.gov. You can also visit the SEC at its Washington or various regional offices for the same information or hire a document retrieval service to obtain the filings for you.
FORWARD LOOKING STATEMENTS
Various statements made in this website are forward-looking within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include those which express plan, anticipation, intent, contingency, goals, targets or future development and/or otherwise are not statements of historical fact. We have based these forward-looking statements on our current expectations and projections about future events and they are subject to risks and uncertainties known and unknown which could cause actual results and developments to differ materially from those expressed or implied in such statements. These forward-looking statements include statements about the following:
· our product development efforts, including results from clinical trials;
· anticipated dates of clinical trial initiation, completion and announcement of trial results;our belief that we would likely be able to restructure or refinance the Senior Notes prior to their maturity date;
· anticipated trial results and regulatory filing dates for our product candidates;our plans to continue to build franchises in narrowly focused prescribing groups such as transplant and gastroenterology;
· the status and anticipated timing of regulatory approval, if any, for our product candidates;
· analysis and interpretation of data by regulatory authorities;
· anticipated sales and earnings projections, operating results and capital expenditures;
· our intentions regarding the establishment of collaborations;
· anticipated efforts of our collaborators;
· estimates of the market opportunity and the commercialization plans for our products and product candidates, including our plans for the development of a sales force; and
· our ability to acquire or in-license products or product candidates.
In some cases, You can identify forward-looking statements by terminology such as "may," "will," "should," "could," "would," "expect," "plan," "anticipate," "believe," "estimate," "target," "goal," "continue," or the negative of such terms or other similar expressions. ViroPharma Incorporated's performance and financial results could differ materially from those reflected in these forward-looking statements due to general financial, economic, regulatory and political conditions affecting the biotechnology and pharmaceutical industries as well as more specific risks and uncertainties such as those set forth in its reports on Form 8-K, 10-Q and 10-K filed with the U.S. Securities and Exchange Commission ("SEC").
We urge you to carefully review and consider the disclosures found in these SEC filings, all of which are available in the SEC EDGAR database at www.sec.gov. Given the uncertainties affecting pharmaceutical companies in the development stage, you are cautioned not to place undue reliance on any such forward-looking statements, any of which may turn out to be wrong due to inaccurate assumptions, unknown risks, uncertainties or other factors. ViroPharma Incorporated undertakes no obligation to (and expressly disclaim any such obligation to) publicly update or revise the statements made herein or the risk factors that may relate thereto whether as a result of new information, future events or otherwise.
INTELLECTUAL PROPERTY RIGHTS
All information and material contained in and offered through the ViroPharma website is protected to the fullest extent possible by copyright and trademark laws, as well as other state, national, and international laws and regulations. Nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of ViroPharma or any third party. The contents of and all materials distributed in conjunction with the website are Copyright © 2004-2008 ViroPharma Incorporated or its licensors or suppliers, all rights reserved. ViroPharma also owns a copyright in the website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the website without ViroPharma's prior written consent is expressly prohibited.
The VIROPHARMA® and the VIROPHARMA INCORPORATED Plus Design® marks, and all product names, including but not limited to VANCOCIN®, whether or not appearing in large print, italics or with the trademark symbol, are trademarks of ViroPharma Incorporated, its affiliates, related companies or its licensors or collaboration partners unless otherwise noted herein and any use of such marks without the express written permission of ViroPharma is strictly prohibited. PULVULES® is a registered trademark of Eli Lilly and Company now under license to ViroPharma. Unauthorized use of any material contained on this website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes, among other laws and regulations. Please be aware that ViroPharma actively and aggressively enforces its intellectual property rights to the fullest extent allowed by applicable laws.
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 US copyright law. If you believe in good faith that materials hosted by ViroPharma infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them be 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’s website. Notices and counter-notices for the website should be sent to General Counsel, ViroPharma Incorporated, 730 Stockton Drive, Exton, Pennsylvania 19341.
LINKS FROM OTHER WEBSITES TO OUR WEBSITE
We have provided links to certain other third-party websites merely as a convenience for users of our website. These websites are maintained on third-party servers and are not under the control of ViroPharma. Access to such third-party websites is at the user's own risk and ViroPharma is not responsible for the content, the accuracy or reliability of the information, or the quality of products or services provided by these third-party websites. Inclusion of such links to third-party websites does not constitute an endorsement, approval, or guarantee by us of any third party, any website, product or service provided by any third party, or the accuracy of the contents of any linked websites (including without limitation any of the opinions and predictions of any financial analysts with respect to ViroPharma or any of its securities). We expressly disclaim any responsibility for the content of any third-party websites linked to our website. We urge you to use discretion when you access and/or rely on any third-party websites linked to our website.
MISCELLANEOUS
The Terms of Use shall be governed by the laws of the State of Pennsylvania, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Pennsylvania. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. ViroPharma reserves the right at any time and for any reason to deny you access to the website and to terminate this Agreement. Termination shall be effective without notice.
PRIVACY POLICY
ViroPharma is committed to maintaining the integrity and privacy of your personal information collected through its website www.viropharma.com and related websites. This Privacy Policy discloses ViroPharma’s information collection and dissemination practices in connection with the website and applies solely to the information that we collect through the website. This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business or investment relationship not handled through the website).
Acceptance of Privacy Policy
By using the website, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this website. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
Personal Information Provided by You
ViroPharma only collects your personally identifiable information (“PII”) through this website when you choose to provide such information, such as applying for positions within ViroPharma. PII can include your name, address, telephone number, and/or e-mail address. ViroPharma uses your PII to address your requests for information, products or services. ViroPharma will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so,
ViroPharma will not share your PII other than as specified in this Privacy Policy.
Disclosures to Third Parties Assisting In Our Operations. ViroPharma may share your PII under confidentiality agreements with other companies that work with, or on behalf of, ViroPharma to provide products and services. These companies, which may include members of ViroPharma’s corporate family, may use your PII to assist ViroPharma in its operations. However, these companies do not have any independent right to share this information.
Disclosures Under Special Circumstances. We may provide information about you to respond to subpoenas, court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
Business Transfers. We may share your PII with other business entities, in connection with the sale, assignment, merger or other transfer of all or a portion of ViroPharma’s business to such business entity. We will require any such successor business entity to honor the terms of this Privacy Policy.
Automatically Collected Information and Anonymous Information
Each time a visitor comes to the website, ViroPharma collects some information to improve the overall quality of the visitor’s online experience.
Aggregated Data. ViroPharma collects aggregate queries for internal reporting and also counts, tracks, and aggregates the visitor's activity into ViroPharma’s analysis of general traffic -flow at the website. To these ends, ViroPharma may merge information about you into aggregated group data. In some cases, ViroPharma may remove personal identifiers from PII and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information. Such anonymous, group data may be shared on an aggregated basis with ViroPharma’s affiliates, business partners, service providers and/or vendors; if it does so, ViroPharma will not disclose your individual identity.
Web Server Logs and IP Addresses. An Internet Protocol (“IP”) address is a number that automatically identifies the computer/machine you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. ViroPharma may use IP addresses to conduct website analyses and performance reviews and to administer the website.
Cookies and Web Beacons. Cookies are pieces of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Many websites use cookies as a standard practice to provide useful features when a user visits the website and most web browsers are set up to accept cookies. ViroPharma uses cookies to improve your online experience when visiting the website. You can set your browser to refuse cookies, but some portions of the website may not work properly if you refuse cookies. Some of the website’s web pages may use web beacons in conjunction with cookies to compile aggregate statistics about website usage. A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of websites. Some web beacons may be unusable if you elect to reject their associated cookies.
Referrals/Links
The website contains links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and ViroPharma recommends reviewing those websites’ privacy policies individually.
Security
ViroPharma understands that storing our data in a secure manner is essential. ViroPharma stores PII and other data using industry standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Please note, however, that while ViroPharma has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from the website or via e-mail cannot be guaranteed.
Children's Privacy Protection
ViroPharma understands the importance of protecting children's privacy in the interactive online world. The website is not designed for, or intentionally targeted at, children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any PII to ViroPharma and/or the website.
Changes
At certain locations on the website where information about you may be requested, the website provides you the opportunity to opt-out of receiving communications from ViroPharma. You may also review and request changes to your PII that ViroPharma has collected, including the removal of your PII from ViroPharma’s databases in order to prevent receipt of future communications or to halt receipt of our website services, using any of the following options:
You can send your request via e-mail to: questions2@viropharma.com
You can mail your request to the following postal address: ViroPharma Incorporated, 730 Stockton Drive, Exton, PA 19341.
Policy Updates
This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display a version number and a date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any change to this Privacy Policy regarding use or disclosure of PII, we will provide advance notice on this website. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.
Questions?
If you have any questions about this Privacy Policy or about ViroPharma’s handling of your information, please contact 610-458-7300.
PHOTO CREDITS
Cytomegalovirus (CMV)
http://www.asm.org/Division/c/photo/cmv2.jpg
Joan Barenfanger, M.D., ABMM
Chair of Laboratory Medicine
Memorial Medical Center
701 North First St.
Springfield, IL 62781
Hepatitis C
Picture of stained hepatitis C virus, http://iti.stanford.edu/images/Heppic3.jpg
Jeffrey S. Glenn, M.D., Ph.D., Director
Stanford School of Medicine
Institute for Immunity, Transplantation and Infection
Center for Hepatitis and Liver Tissue engineering
Clostridium difficile-Infection (CDI)
C. difficile, http://www.asm.org/Division/c/photo/cdiff1.JPG
J. Michael Miller, Ph.D., (D)ABMM
Associate Director for Science
National Center for Zoonotic, Vector-borne, and Enteric Diseases
Bldg. 16, Room 4135
MS-D-76
Centers for Disease Control and Prevention
Atlanta, GA 30333
Webpage last updated: April 29,2010