Consensi® Website Terms and Conditions of Use

About the Consensi® Website

Burke Therapeutics, LLC (“Burke”) provides this website (called the “Site” in these terms and conditions) as a service to our customers and prospective customers. All users of this Site, by accessing it, agree to be bound by these Website Terms and Conditions of Use (the “Terms and Conditions”) as a condition of such access and use. Burke owns the rights to market and sell Consensi® in the United States and Puerto Rico (the “Territory.”) If you are not physically located within the Territory, you must exit the Site, because local laws outside of the Territory may not allow or permit access to the information contained on this Site, and, in any event, Burke cannot sell Consensi® to customers located outside the Territory.

Burke owns or licenses all pictures, names, descriptions, and other words and images on this Site and owns or licenses all trademarks, copyrights, and other intellectual property rights associated with the Site. Burke authorizes you to view and use this Site only for your own personal use to acquaint yourself with Burke’s Consensi® product. By entering the Site, you are again confirming your agreement to be bound by these Terms and Conditions. The Terms and Conditions are subject to change from time to time, and we recommend that you review the Terms and Conditions each time you access this Site. However, by visiting this Site you agree unconditionally to the Terms and Conditions in effect on each occasion that you visit the Site. Burke reserves the right to modify or terminate this Site and to interrupt the operation of this Site at any time and for any period of time it chooses in its sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SPECIFIED ON THIS SITE, INCLUDING IN THESE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO USE THIS SITE AND YOU MUST EXIT FROM IT NOW. If you have questions about these terms and conditions or about Burke or Consensi®, please contact us at sales@burketherapeutics.com.

Age and Other Requirements for Users

In order to use this Site, you must be 18 years of age or older. By entering the Site and agreeing to these Terms and Conditions, you are representing to Burke that you are at least 18 years old. Burke prohibits the use profanity and other improper communications on or through this Site and reserves the right to limit or ban access to the Site to any user at any time, in Burke’s sole discretion. By accessing and using this Site, you agree that all of your use is at your own risk and that you understand that Burke makes no warranties as to the completeness or accuracy of any information contained on the Site. While we make an effort to keep Site information current and accurate, Burke makes no warranty regarding accuracy. By using this Site, you agree that Burke can have no liability to you or any other user by virtue of the information and other content of this Site, including content that may be incomplete or inaccurate. ALL INFORMATION MADE AVAILABLE ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. BURKE HEREBY DISCLAIMS ANY AND ALL WARRATIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT OF THIS SITE, AND BY ENTERING THIS SITE YOU AGREE THAT YOU BEAR ALL RISKS INVOVLED IN THE USE OF THIS SITE, INCLUDING ANY RELIANCE ON ANY ASPECT OF THE INFORMATION AVAILABLE ON THIS SITE.

Information About Consensi®

Burke endeavors to provide information about its products and pricing that is accurate. However, Burke does not guarantee the accuracy of its product and label descriptions on this Site or that a particular Consensi® product or label will have the same appearance as it has in photographs on this Site. In addition, product and label colors as displayed on a computer monitor may vary depending on the settings on your screen. Burke cannot and does not guarantee that any of its product information on this Site will be accurate, reliable, current, complete, or without errors. All product prices are subject to change. Burke will not honor pricing information that is not current or which reflects an error in any price referred to on the Site. If you are dissatisfied with any aspect of any product you order from Burke, your sole remedy will be to exercise your rights, if any, under Burke’s Product Return Policy which can be obtained from Burke.

No Medical Advice

Burke provides the information on this Site for disseminating general product education information about Consensi® and for no other purpose. The information made available on this Site is not medical advice, and any decision to prescribe or use Consensi® rests exclusively with patients and their healthcare providers. The information on this Site does not replace (and is no substitute for) personal consultation with qualified pharmacists, physicians and other healthcare providers. Burke does not offer medical consultation or provide medical advice, and Burke does not, through the information on this Site, cover all possible uses, risks, benefits, adverse reactions, or contraindications to or for the use of Consensi®. Burke also does not indicate through any information on this Site that Consensi® is a proper choice for treatment of your individual medical condition, and that decision must be made by you in consultation with your healthcare providers.

Product Orders and User Accounts

This Site does not offer user access to on-line ordering and customer account features. However, by way of notice to those visiting this Site, Burke reserves the right to decline, reject or cancel any product order for any reason, and Burke may be unable to fill certain orders based on the quantities of items ordered or the aggregate price for a given order. Burke will notify you if any order you place with Burke has been rejected, canceled, or is subject to any limitations.

Product Return Policy and Disclaimer of All Warranties

Burke products are covered by our Product Return Policy, the terms of which can be obtained from Burke, including by contacting us at sales@burketherapeutics.com. BURKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ITS PRODUCTS OR OF THIS SITE, WHETHER SUCH WARRANTIES BE EXPRESS OR IMPLIED. BURKE EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURKE ALSO DISCLAIMS ANY WARRANTY, RESPONSIBILITY OR LIABLIITY OF ANY KIND RELATED TO THIS SITE AND THE MATERIALS AND INFORMATION MADE AVAILALE THROUGH THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT YOU MUST INDEPENDENTLY EVALUATE ANY INFORMATION CONTAINED ON THE SITE AND THAT YOU CANNOT AND WILL NOT SEEK TO HOLD BURKE LIABLE UNDER ANY THEORY OF LAW OR EQUITY BY VIRTUE OF YOUR USE OF THIS SITE. YOU FURTHER AGREE BY YOUR USE OF THIS SITE THAT BURKE CANNOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES) BY VIRTUE OF YOUR USE OF THIS SITE OR YOUR PURCHASE OF A BURKE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY AGAINST BURKE FOR ANY PRODUCT PURCHASE WILL BE AS OUTLINED IN BURKE’S PRODUCT RETURN POLICY.

Site Security and Privacy

By using this Site, you agree that you will not engage in any activity that could compromise the security of this Site. You agree that: (1) you will not access or attempt to access any information you are not expressly authorized to access; (2) you will not attempt to interfere with any functionality of the Site or of any host server, user, or network associated with this Site; (3) you will not attempt by any means to determine any vulnerabilities in our system or to bypass any authentication or security measures; (4) you will not introduce any “spam,” virus, malware or other potentially harmful data or device into the system; (5) you will not attempt to reverse engineer any aspect of the software or related systems which are utilized on this Site; (6) you will not attempt to copy, imitate, or emulate this Site or any of the information contained on it; (7) you will not send to this Site any e-mails or other communications for purposes of promoting or advertising any product or service; and (8) you will not use this Site for any purpose other than reviewing information about Burke and its Consensi® product. Violations of these provisions may subject you to criminal and/or civil liability, and Burke reserves all rights and remedies it may have available to it by virtue of any violation(s) of these Terms and Conditions.

Burke has a separate Privacy Policy for this Site, which you agree to be bound by as a condition of using this Site. Please carefully review that policy by clicking on the link to it.

Intellectual Property Matters

As noted above, Burke is the owner or licensee of all copyrights, trademarks, and other intellectual property rights associated with any content on this Site. You are authorized to use this material only for your own personal, non-commercial use in reviewing and considering the Burke Consensi® product. Any other use of the information on this Site is strictly prohibited, and Burke will enforce its intellectual property rights to the fullest extent of the law. The authorization for you to use this Site does not allow you to copy, reproduce, republish, commercialize, sell, modify or distribute any portion of the content of this Site to any person or entity for any reason. You may not create derivative works from any of the materials on this Site. If you have questions about our intellectual property rights, you can direct them to us at sales@burketherapeutics.com.

If you believe any materials on our Site infringe your intellectual property rights, you may notify us of this at the e-mail address listed above in the preceding paragraph.

Links to Other Websites

This Site may from time to time provide links through which you can access other websites of other parties (the “Linked Third Parties”). Burke is not responsible for the content of any of the websites of Linked Third Parties and offers no endorsement or recommendation concerning those sites and their content. If you decide to access the website of one or more Linked Third Parties, you do so at your own risk. Your access and use of any other website linked to this Site are subject to the terms and conditions of use of each such website. You agree that your access and use of those other websites is at your own risk and Burke is not and will not be liable or responsible for any damage, complaint, or other circumstance that arises by virtue of your accessing and using those websites. Burke will not be a party to any transaction you choose to enter into with one or more Linked Third Parties whose information you access through a link on this Site. By accessing the sites of Linked Third Parties linked to this Site, you agree to independently inquire and perform all necessary research into any good or service offered by the Linked Third Parties, and you agree not to rely on any information from this Site is deciding to do business with any of the Linked Third Parties.

Indemnification

By using this Site, you agree to indemnify and hold harmless Burke and each of its officers, members, employees, agents, and contractors from and against any claims, actions, liabilities, judgments, settlements and other costs or expenses of any kind (including attorney fees and court costs) arising (or alleged to have arisen) from your use of this Site, any information provided on or through this Site, or from your violation or failure to comply with any of these Terms and Conditions.

Governing Law and Other Legal Matters

By using this Site, you agree that all disputes and other issues arising out of your use of this Site will be governed by the laws of the State of Arkansas, without regard to it choice and conflict of laws rules. You also agree that any dispute that gives rise to a court proceeding will be resolved exclusively in the courts of Garland County, Arkansas, and you consent to personal jurisdiction and venue in those courts, to the exclusion of all other courts and venues. If you pursue legal action against Burke and you do not prevail, you agree to pay all court costs, attorney fees and other expenses incurred by Burke in that litigation.