These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to Use Website
Unless otherwise stated, FDA Tracker and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FDA Tracker’s express written consent.
Access to certain areas of this website is restricted. FDA Tracker reserves the right to restrict access to other areas of this website, or indeed this whole website, at FDA Tracker’s discretion.
If you register a user ID and password to enable you to access restricted areas of this website or other content or services, you agree to provide FDA Tracker with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your use only. FDA Tracker does not permit:
- any other person using the registered sections under your name; or
- access through a single name being made available to multiple users on a network.
You must ensure that the password is kept confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
FDA Tracker may disable your user ID and password at any time in FDA Tracker’s sole discretion with or without notice or explanation.
This website is provided “as is” without any representations or warranties, express or implied. FDA Tracker makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, FDA Tracker does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate, up to date, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. To the maximum extent permitted by applicable law, FDA Tracker excludes all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of Liability
FDA Tracker will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if FDA Tracker has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FDA Tracker’s liability in respect of any:
- death or personal injury caused by FDA Tracker’s negligence;
- fraud or fraudulent misrepresentation on the part of FDA Tracker; or
- matter which it would be illegal or unlawful for FDA Tracker to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You represent and warrant that if you are purchasing access to content from FDA Tracker that
- any credit information you supply is true and complete,
- charges incurred by you will be honored by your credit card company, and
- you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Since FDA Tracker is offering non-tangible, irrevocable, time-limited access to content, no refunds will be given, which you acknowledge prior to purchasing any access at our site.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, FDA Tracker has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FDA Tracker’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect FDA Tracker’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FDA Tracker
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify FDA Tracker and undertake to keep FDA Tracker indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FDA Tracker to a third party in settlement of a claim or dispute on the advice of FDA Tracker’s legal advisers) incurred or suffered by FDA Tracker arising out of any breach by you of any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to FDA Tracker’s other rights under these terms and conditions, if you breach these terms and conditions in any way, FDA Tracker may take such action as FDA Tracker deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
FDA Tracker may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
FDA Tracker may transfer, sub-contract or otherwise deal with FDA Tracker’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Governing Law and Jurisdiction
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by laws of the State of California, U.S.A. (excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction). Further, the parties agree that any claim or cause of action under or relating to this Agreement shall be brought in the state or federal courts located in San Francisco, California, United States.
These terms and conditions constitute the entire agreement between you and FDA Tracker in relation to your use of this website, and supersede all previous agreements with respect to your use of this website.