Terms of Use

This Web Site has been developed as a service of AVANIR Pharmaceuticals, Inc. ("Avanir"). The information provided on this Web Site is for general informational and educational use only and is subject to the following terms and conditions. By accessing and using the Web Site/blog located at www.PBAFilm.com  (the "Web Site"), you agree to be bound by the Terms of Use (hereinafter, the "Terms" or "Agreement") in effect at the time of each such access or other use. You also acknowledge that Avanir may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site. If you do not agree to these Terms, do not use the Web Site. Like any other service, in spite of our best efforts, the information in this Web Site may become out-of-date over time. Nothing on this Web Site should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action.

License and access to the Web Site

Avanir grants you a limited, nontransferable license to access and use the Web Site for noncommercial, personal purposes. Such limited license shall enable you to use the Web Site for informational purposes. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avanir or our affiliates without our prior express written consent.

Avanir accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this Web Site. We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site. Any rights not expressly granted by these Terms are reserved by us.

The Web Site and all its contents are intended to comply with United States laws that it may be subject to, and Avanir makes no representation that the information is appropriate for use in locations outside of the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States. Those who access this Web Site from other locations do so on their own initiative and are responsible to comply with applicable local laws and regulations. Any offer, product, or service available through this Web Site is void where prohibited.

Medical information

The medical information provided on the Web Site is for educational and informational purpose only and not meant to be a substitute for advice offered by a doctor or other healthcare professional. If medical advice or services are desired, please consult your physician or healthcare provider.

Restrictions on your use

All content within the Web Site and any materials made available on these pages for downloading are the property of Avanir and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.

Intellectual property ownership

Any and all intellectual property rights associated with the Web Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, copyrights, and patents ("Intellectual Property") are the sole property of Avanir, or third parties. Avanir hereby authorizes you to copy materials published by Avanir on this Web Site for noncommercial, personal use only, provided any copy of these materials that you make shall retain all copyright and other proprietary notices and any disclaimer contained thereon and on this Web Site. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of Avanir or the express written consent of the appropriate third party, as applicable. Except as provided herein, Avanir does not grant to you any express or implied rights to Avanir or any third party's Intellectual Property.

User Submissions

Certain areas of this Website enable you to access online forums and to submit e-mails, comments or otherwise provide feedback to Avanir. Avanir does not endorse, and specifically disclaims any responsibility or liability for any content in the forums. In addition, Avanir reserves the right to delete, move or edit content, in whole or in part, submitted to the forums that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of intellectual property, privacy, or other proprietary rights, in violation of these terms and conditions, or for any other reason.

You agree that by submitting content, you:

  • will only submit content related to the subject matter of the forum/blog post, if applicable, and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
  • understand and agree that such content that is submitted to a forum, or feedback page, will be deemed non-confidential; and
  • grant to Avanir the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with Avanir's Privacy Policy, and waive any moral rights you may have in such content. Subject to Avanir's Privacy Policy, Avanir shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever

Privacy Policy

Except with regard to your personal information and certain other information about you subject to our Privacy Policy, any oral, written, or electronic response or communication established with Avanir by any user of the Web Site shall be deemed as nonconfidential. Avanir shall not have any obligations of any kind with respect to such information and shall be free to use any ideas, concepts, know-how, or techniques contained in such communication without restriction for any purpose whatsoever. The sender of such information is fully responsible for its content, including, without limitation, its accuracy and truthfulness and its noninfringement of another party's proprietary rights. The Avanir Privacy Policy is incorporated into the terms of this Agreement by this reference.

Links

This US-based Web Site may provide or include links to other Web sites or resources. Please understand that the content on these third-party Web sites is subject to change without notice to Avanir. Because we have no control over such sites and resources, you acknowledge and agree that Avanir is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AVANIR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Avanir prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web site to the Web Site, you must contact Avanir to discuss mutually agreeable terms for such hyperlink.

Exclusion of warranty

AVANIR MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. AVANIR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AVANIR DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS, OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitation of liability

AVANIR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL AVANIR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing law

This Terms of Use Agreement and your use of the Web Site shall be governed by the laws of the United States and the state of California without regard to its conflicts of law provisions. Any legal action or proceeding arising from or relating to your access or use of the Web Site shall be brought exclusively in a federal or state court of proper jurisdiction in the state of California.

This Agreement was last modified and is effective as of November 2015.

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