Terms of Use
Thank you for visiting this website, http://smgpharma.com/, which we refer to as the “Site.” The Site is owned and operated by SMG Pharmaceuticals. These Terms of Use and our Privacy Policy, each as may be amended from time to time, as well as any other rules or restrictions posted on the Site, apply to whenever you view, access, or otherwise use the Site.
Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. Even if you “bookmark” a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these terms. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use the Site. Any unauthorized, improper, and/or illegal use of the Site or any contents available therein, will result in the termination of your license to use the Site.
The Site is intended for and directed to residents of the United States and Puerto Rico and all information, advertising, and claims contained on the Site are valid in and applicable only to the United States and Puerto Rico. Site visitors outside of the United States who choose to access the Site and use its contents in any way are responsible for compliance within their own legal jurisdictions. SMG Pharmaceuticals shall remain free of any liability connected to international visitors using this Site and/or any information contained therein. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.
Privacy Policy
In addition to these Terms of Use, your use of the Site is also governed by our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use, and disclosure of your personal information.
Site Use and Content
Limited License to Use Site. All materials on this Site — including, for example, all of the images, photographs, illustrations, text, product descriptions, formats, logos, designs, icons, programs, and video or audio clips (collectively, the “Contents”) — are intended solely for personal, noncommercial use. SMG Pharmaceuticals retains all rights to copyrighted materials, trademarks, brand names, product formulas, logos, labels, and packaging available and displayed on the Site.
You are granted a limited, nonexclusive and revocable license to access and make personal use of this Site. This license does not include any resale or commercial use of the Site or Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other similar data-gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SMG Pharmaceuticals. 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 ours or our affiliates without our express written consent. You may not use any meta-tags, meta-names or any other ”hidden text” utilizing the name or trademarks of SMG Pharmaceuticals or our affiliates without the express written consent of SMG Pharmaceuticals. Any unauthorized, improper, and/or illegal use of the Site or any Contents will result in the termination of your license to use the Site.
Copyright Protection. All Content appearing on the Site, including the Site design, graphics, logos, icons, photographs, images, and audio and video clips, as well as the selection, assembly, and arrangement thereof, and all software, are the property of SMG Pharmaceuticals and are protected by US and international copyright laws. All other copyrighted materials are the property of their respective owners. The Content on the Site may be used by you as an educational or information resource. Any other use, including downloading, uploading, copying, reproducing, modifying, distributing, transmitting, republishing, displaying, creating derivative works of, or performance of the Content is strictly prohibited. You may not provide links to images or text on our Site for commercial purposes without our express written consent. Upon request that you remove any link to the Site, you must immediately remove such link. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site, or use a link to our Site for commercial purposes, you may contact us. We reserve the right, in our sole discretion, to condition or refuse to consent to the use of any or all of the Content at any time and in any manner. All rights not expressly granted herein are reserved.
Trademarks. Unless otherwise specified, “SMG Pharmaceuticals Dermatology,” the SMG Pharmaceuticals Dermatology logo, all product names, slogans, and other logos, are trademarks, or trade names (“Marks”), of the SMG Pharmaceuticals family of companies. All other Marks are the property of their respective owners. The use of any of our Marks without our express written consent is strictly prohibited. Your access to this website should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks appearing on the website without the prior written consent of SMG Pharmaceuticals or the third party that owns the Mark.
Product Descriptions. SMG Pharmaceuticals attempts to provide accurate and updated information with respect to the SMG Pharmaceuticals products described on the Site; however, we make no guarantee that the product descriptions and information on the Site are complete, accurate, timely, or free from error. The Site and the materials and information on the Site, including without limitation, text, graphics, and links, are provided to you “as is” and without warranties of any kind, express or implied.
Medical Information. The Site contains information about SMG Pharmaceuticals products and indications, various skin or other medical conditions, and their treatment. However, this information is meant for informational purposes only and is not meant to act as a substitute for advice provided by a physician or other qualified health care professional. Such content does not cover all possible uses, precautions, side effects, and interactions, and should not be construed to indicate that any drug is safe for you. Consult your physician for guidance before using any prescription or over-the-counter drugs. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a physician. In addition, before administering any prescription or over-the-counter drug, check product information (including package inserts) regarding dosage, precautions, warnings, and interactions.
Third-Party Websites and Links. We may provide links to external, third-party websites on the Site. Such links are provided merely as a convenience to you and do not in any way constitute or imply our endorsement or recommendation of the third party, its information, products, or services. Similarly, this Site may be accessible from third-party links over which we have no control. Access to or from such websites are strictly at your own risk and subject to the terms of those websites. We recommend that you review the terms and policies applicable to those websites prior to your use. We make no warranties or representations of any kind as to the accuracy or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. We reserve the right to add, change, or remove any link at any time.
User Information and Content
Email Communications. When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.
User Content. From time to time, you may have the opportunity to post certain information, data, photographs, graphics, videos, messages, or other materials, including but not limited to, comments on our products, testimonials, or other opinions. Subject to our Privacy Policy, any content that you post on the Site will be treated as nonconfidential and nonproprietary to you, and may be viewed by you and other users of the Site, and you hereby grant to SMG Pharmaceuticals and its affiliates the royalty-free, unrestricted, worldwide, perpetual, irrevocable, and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of, and/or post such content (in whole or in part) and incorporate it in other works in any media, form, or technology now or later developed for any purposes. You agree that you are the sole owner of the content. You acknowledge and agree that any content that you or any other user posts on the Site will be posted, viewed, and/or used by you at your own discretion and risk. We make no guarantee regarding the accuracy or completeness of any content posted by a user of the Site. We reserve the right (but have no obligation), at our sole discretion, to modify, refuse, or remove any user content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate, or objectionable.
Site Security and Prohibited Actions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (eg, Netscape Navigator or Microsoft Explorer).
Disclaimer of Warranties and Limitation of Liability
NEITHER SMG PHARMACEUTICALS NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT CONTENT OR INFORMATION ON THE SITE IS ACCURATE OR RELIABLE, AS TO THE QUALITY OF ANY PRODUCTS DESCRIBED ON THE SITE, OR THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED. ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT, AND ADVICE OF A PHYSICIAN. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR PHYSICIAN REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUGS. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT SMG PHARMACEUTICALS AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE, OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMG PHARMACEUTICALS, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR ANY HYPERLINKED SITE, EVEN IF SMG PHARMACEUTICALS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, IN SUCH STATES OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless SMG Pharmaceuticals, its affiliates, and their respective officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.
Governing Law
The Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of Delaware without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
Miscellaneous
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. SMG Pharmaceuticals reserves the right to alter or delete materials from this Site at any time and at its own discretion.