Terms of Use

Last Revised: August 22, 2018

The websites located at http://www.reesepharmaceutical.com; http://reesespinworm.com/; and http://tabtussin.com/ (“the Websites”) are published, owned and operated by Reese Pharmaceutical Company, its affiliates and related entities (“the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Websites.  By accessing, browsing, submitting information to and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website.

Purpose of the Website.  The Websites are provided solely for informational purposes and the purposes of enabling communication between you and the Company. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Websites, or by anyone who may be informed of any of its contents. Any information you provide or is collected by the Company through the Websites shall be handled in accordance with the Websites’ Privacy Policy, which is hereby incorporated by reference.

Modification of these Terms of Use. The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms of Use will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Websites after any such change is communicated shall constitute your consent to such change.

Use of the Websites.  The Company grants you a non-exclusive right to access and use the Websites and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Websites for commercial purposes. You agree to use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites and comply with applicable laws.

Prohibited Uses:  You agree that you will not:

  • Use the Websites for any purpose that is unlawful or contrary to these Terms of Use;
  • Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
  • Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided for by Company;
  • Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
  • Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Sites:  The Websites may contain links to websites controlled or operated by persons and companies other than Company (“Linked Sites”). For example, the Website might provide access to Linked Sites for vendors from which you can purchase the Company’s products.  The Linked Sites are not under the control of Company, and Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and Terms of Use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support Company or are identified in the Website, including the delivery of and payment for goods and services.

Intellectual Property Notices.  The Websites and Content are protected by copyrights, or are subject to other proprietary rights. You are not permitted to use the Content in any manner, except as expressly permitted by the Company in these Terms of Use.

Also, any of the names and logos (commonly referred to as “trademarks”) that appear on the Websites are owned by the Company or others who have licensed such marks and their use to the Company. The trademarks may not be used in any manner without the prior permission of the owners.  You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all Content and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury to the Company or other owner for which money damages would be inadequate and in such event the Company or the owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

The Company owns and retains all copyrights in the Content. Except as specifically permitted by the Company, the Websites or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives.

Disclaimer
.  ALL INFORMATION OR SERVICES PROVIDED BY COMPANY TO YOU VIA THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY AND ITS THIRD PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS THIRD PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK AND THAT COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITES OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITES AND/OR THE CONTENT.

Limitation of Liability
. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITES, OR THE CONTENT, DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITES OR ANY HYPERLINKED WEBSITES, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF COMPANY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the Websites for breach of these Terms of Use. The Company shall not be liable for any losses or damages arising from any such termination of service.

Arbitration.  At its sole discretion, the Company may require you to submit any disputes arising from the use of these Terms of Use or the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.  By using the Websites, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction.  These Terms of Use are governed by the laws of the State of Ohio, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Websites.

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Websites.  You may not assign these Terms of Use without the prior written consent of the Company in all instances.  The Company may assign these Terms of Use, in whole or in part, at any time.  The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by the Company with respect to such use.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

These Terms of Use, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Websites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company Contact Information.

Questions can be directed to the Company at:

Michael Svec
Executive Vice President, Reese Pharmaceuticals
10617 Frank Ave,
Cleveland, OH 44106
mike@reesechemical.com
1-800-321-7178