The Elan.com website is an interactive online service operated by Elan Corporation, plc. Elan conducts its worldwide business including operations relating to research and development, manufacturing and marketing, through wholly-owned subsidiaries incorporated in Ireland, the U. S., the United Kingdom and other countries. The term "Elan" is used throughout this website to collectively refer to Elan Corporation, plc and its subsidiary companies. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ELAN.COM WEBSITE. By using the Elan.com website, you signify your agreement to these Terms of Use and Elan’s Privacy Policy. If you do not agree to these Terms of Use, please do not use the Elan.com website. Please check these Terms of Use periodically for changes. Your continued use of the Elan.com website will mean you accept these changes. Elan reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Elan.com website at any time, without notice.
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This website provides information available about a range of topics. Like any printed material, it may become out of date over time. It is important that consumers rely on the advice of a healthcare professional to employ good clinical judgement for the specific conditions of individual patients. This information is not intended to be a substitute for the advice of a healthcare professional, or a recommendation for any particular treatment plan.
All medical, pharmaceutical and other product information contained on the Elan.com website is provided by Elan Pharmaceuticals, Inc. and is intended solely for residents of the U.S. Products may not be available in all countries and/or may be available under a different trademark, in different strengths, or for different indications. Many of the products identified on this website are available only by prescription through your local healthcare provider. Elan is not engaged in rendering medical advice or services, and no diagnosis or prescription should be concluded or inferred by information provided on this website. Nothing contained on the Elan.com website should be construed as a solicitation or promotion for any product or service or for the use of any product in a particular way which is not authorised by the laws and regulations of the country where the reader is located.
Certain sections of the Elan.com website may have separate registration procedures and separate terms and conditions, terms of service, user agreements or similar legal agreement that may be offered by Elan or its third party service providers. When you are using any section of the Elan.com website that does not have a separate legal agreement or terms of use, these Terms of Use shall apply.
2. Restrictions on use of materials
Except as otherwise authorised in writing by Elan, all materials contained on the Elan.com website are the copyrighted property of Elan and/or third party licensors. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this website. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited, unless you have obtained prior written approval from Elan. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Elan or any third party.
All trademarks and service marks identified by ®, (TM) or (SM) symbols or appearing in type form different from that of the surrounding text are marks owned by or licensed to Elan or third parties.
3. General Submissions
Except for the submission of resumes in the "Careers" section of the Elan.com website and as otherwise provided in the Privacy Policy, any suggestions, comments, questions, information or the like submitted to Elan, such information shall be deemed to be non-confidential and Elan shall have no obligation of any kind with respect to such information. By making a submission to Elan, you assign to Elan all rights, title and interest in and to such submission, and Elan shall be free to use, display, distribute, copy and otherwise use the submission for any purpose, without limitation, the research, development, manufacture, use or sale of products incorporating information contained in such submission. Please see Elan's Privacy Policy for more information about Elan's collection, use and disclosure practices with respect to information collected from you on the Elan.com website.
4. Third Party Information and Links
The Elan.com website may contain third party information or content. Such information or content is, wherever practically possible, marked with the name of the source and does not necessarily represent the opinion or viewpoint of Elan. Elan does not take any responsibility whatsoever for such third party information or content. As a convenience to you, this website may provide links to third party websites. Elan has no responsibility for, or control of, the content appearing on third party sites and shall not be liable for any damages or injury arising from the content of those sites. Further, Elan disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Elan.com website from third parties not associated with us. As some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Elan cannot be held responsible for the accuracy, copyright compliance or compliance with any other intellectual property rights, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against Elan with respect to such sites.
If you operate a website and wish to link to the Elan.com website, please contact legal@elan.com to obtain permission to do so. You may only link to the Elan.com home page, and may not link to any other page on this website. Notwithstanding the foregoing, Elan reserves the right to reject or terminate any links to the Elan.com website, and you hereby agree to immediately cease linking to the Elan.com website upon Elan's request.
5. Notification of Copyright Infringement
It is Elan's policy to respond to claims of intellectual property infringement. Elan will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, if you believe that content appearing on the Elan.com website infringes any copyright rights, please send a notification of copyright infringement to Elan's Designated Agent for the Elan.com website:
Vice President Intellectual Property
Elan Pharmaceuticals, Inc.
800 Gateway Blvd.
So. San Francisco, CA 94080
Phone (650) 877-0900
Email: legal@elan.com
To be effective, the notification must be a written communication that includes the following:
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Disclaimer and Limitation of Liability
You expressly agree that your use of this website is at your own risk. Neither Elan nor any other party involved in creating, producing or delivering the website makes any representations or warranties of any kind regarding the Elan.com website, the content appearing on this website, any advertising material or the results that may be obtained from use of this website. THE ELAN.COM WEBSITE IS PROVIDED ON AN "AS IS" BASIS, AND ELAN SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
ELAN, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE ELAN.COM WEBSITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE ELAN.COM WEBSITE OR ANY PORTION THEREOF; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT APPEARING ON THE ELAN.COM WEBSITE; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.
BY USING THE ELAN.COM WEBSITE, YOU HEREBY RELEASE ELAN, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATING TO THE ELAN.COM WEBSITE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Elan.com website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
7. Employment (WebHire)
The "Careers" section of the Elan.com website is operated by Elan's third party service provider, WebHire, Inc. By submitting your resume to Elan, you hereby consent to the disclosure of your resume to WebHire and other third party service providers involved in Elan’s human resources and staffing process, in addition to Elan.
In the event that you submit a resume to Elan in the "Careers" section of the Elan.com website, the resume will be kept securely by Elan, or the affiliate to which you submitted the resume. By submitting a resume on the Elan.com website, you consent to the disclosure of the resume to Elan’s third party services providers, some of which reside outside of the European Union. Elan will keep resume submissions on file for a minimum of two (2) years after which time they will be deleted from Elan's system and records. Elan is an equal opportunities employer. Apart from those policies required by law, Elan may change its policies and practices at any time without further notice.
The contents of this the "Careers" section of the Elan.com website are presented as a matter of information only and are not to be construed as an offer of employment, a promise, or a contract with Elan. You will only be considered for positions that are open and for which you are deemed qualified by Elan in its sole and exclusive discretion. References to open positions on this website are not a guarantee that these positions remain open. Please note that local laws may apply to all job applications depending on the location of the job advertised.
If you are a resident of the U.S., you hereby agree that the Terms of Use Agreement for the Elan.com website will be governed by and construed in accordance with the laws of the State of California and any cause of action you may have with respect to this website must be filed in the federal or state courts located in San Francisco, California within one year after the cause of action arises or the cause is barred. If you reside outside the U.S., you hereby agree that the Terms of Use Agreement for the Elan.com website will be governed by and construed in accordance with the laws of Ireland and any cause of action you may have with respect to this website must be filed in an Irish court of law within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE ELAN.COM WEBSITE IMMEDIATELY.
Last updated on: December 10, 2001
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