This Web site is owned by Rockwell Medical, Wixom, Michigan, USA (“Rockwell”) and operated either by us or by a third party with whom we have contracted to host this website for us. The information provided on this Web site is for general informational and educational purposes only.
EFFECTIVE AS OF January 1, 2009
The information provided on this Web Site is for general informational and educational purposes only.
- Acceptance. Please read and review this Agreement carefully before accessing or using this website. By accessing or using this website, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you must not access or use this website. Rockwell reserves the right to change these terms from time to time, as it deems necessary or desirable, without further notice to you by updating this posting.
- Scope. This website has been designed to provide general information about Rockwell and its products. This website is not intended to provide medical or investment advice, nor does it provide instruction on the appropriate use of the products under development or produced by Rockwell or its representatives. You acknowledge and agree that the products described on this website may not have been found safe or effective by any regulatory agency and may not have been approved for any use whatsoever. Rockwell shall not be held responsible for any act or omission that is based in whole or in part on the information or products presented on this website, and you agree that all access and use of this website is at your sole option and risk.
- Medical Information/Conditions. This website may also contain general information relating to various medical conditions and their treatment. Such information is provided for informational and educational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.
- Modification. Rockwell reserves the right, at any time, to modify the site content or to modify, suspend, or discontinue the site or any part thereof with or without notice. You agree that Rockwell will not be liable to you or to any third party for any modification of the site content or modification, suspension, or discontinuance of the site.
- Representation. As a user of this website, you are liable for the accuracy of the information that you provide to us, if any. Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information shall be deemed to be non-confidential and Rockwell shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Further, Rockwell shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information. Rockwell will treat any feedback or suggestions you provide to Rockwell as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Rockwell to the contrary, you agree that you will not submit to Rockwell any information or ideas that you consider to be confidential or proprietary.
- Disclaimer of Warranties. By using this website, you accept the information, products and services provided herein “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent allowed under applicable law, Rockwell disclaims all warranties of any kind whether express or implied including, but not limited to, warranties regarding the accuracy, content, completeness, reliability, operability, or legality of information contained on or within this Web Site, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. Further, Rockwell expressly disclaims any obligation to update or correct information contained on this Web Site and explicitly disclaims any duty to do so. Rockwell assumes no liability or responsibility for any errors or omissions in the information provided on this website. You expressly agree that your use of this website is at your sole option and risk and as such you assume full responsibility and all risks arising from or relating to your use of this website. Rockwell does not represent or warrant that the functions contained in this website shall be uninterrupted or error-free or that this website or the server that makes it available to you are free from viruses or other harmful components.
- Consequences. ROCKWELL RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE TO YOU IF YOU VIOLATE THIS AGREEMENT, ANY APPLICABLE LAW, OR OTHERWISE USE THIS WEB SITE IMPROPERLY. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS ROCKWELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SUPPLIERS AND THIRD PARTY REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES, ARISING FROM OR RELATING TO ANY VIOLATION BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS WEB SITE. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ROCKWELL ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE, SUCH DISPUTE SHALL BE GOVERNED AND CONSTRUED UNDER THE LAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEB SITE SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION SITTING IN WIXOM, MICHIGAN AND ALL PARTIES HERETO WAIVE ANY OBJECTION TO THE PERSONAL JURISDICTION OF AND VENUE IN SUCH COURTS.
- DAMAGES AND LIMITATION OF LIABILITY. ROCKWELL SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF ROCKWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, OR INABILITY TO USE THIS WEBSITE, THIS AGREEMENT, THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE CONCERNING ROCKWELL, ITS PRODUCTS, OR OTHERWISE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. ROCKWELL’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO $100.00.
- Severability. Should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid and/or unenforceable portions of this Agreement had been eliminated.
- Forward–Looking Statements. This website and its Contents may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and federal securities laws. Any statements contained in this Web Site that do not describe historical facts are forward-looking statements that involve risks and uncertainties that could cause actual results to differ materially from those discussed in such forward-looking statements. Such risks and uncertainties include, but are not limited to, those identified in Rockwell’s Securities and Exchange Commission filings, accessible in the “Investors” section of this website. Rockwell cautions visitors to this website not to place undue reliance on any forward-looking statements which speak only as of the date they are made. Rockwell disclaims any obligation to publicly update or revise any such statements to reflect any change in expectations or in events, conditions or circumstances on which any such statements may be based, or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements.
- Hyperlinked Sites. This website may contain hypertext links to third party websites (“Hyperlinked Sites”). Hyperlinked Sites are not owned, operated or managed by Rockwell If you access a Hyperlinked Site through this website, you do so at your sole option and risk. Such Hyperlinked Sites are provided merely as a convenience to you. Similarly, this Web Site may be accessed from third party hypertext links over which Rockwell has no control. Rockwell makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on such third party web sites and shall have no liability for any damages or injuries of any kind arising from or relating to such content or information. Inclusion of any Hyperlinked Site does not imply an endorsement or recommendation by Rockwell
- Void Where Prohibited. This website and its Contents are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside of the U.S., the information on the website pertaining to Rockwell products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. The website, its Content, and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided here is based on United States labeling and may not be appropriate outside of the United States.
- Product Information and Orders. The order, purchase, and/or sale of any products from Rockwell, its affiliates, and/or their suppliers are subject to the terms and conditions contained in the applicable purchase order or written agreement between the parties.
- Children. This website is not intended to be accessed by individuals under the age of 18.