Legal Statement
MGI PHARMA, INC. ("MGI PHARMA") is providing the services of this website to you
subject to the following conditions. If you visit Gliadel.com, you accept these
conditions. Please read them carefully.
Copyright
All content included on this site, including, but not limited to text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of MGI PHARMA or its content suppliers and is protected
by US and international copyright laws. The collection, compilation, assembly, and
arrangement of all content on this site is the exclusive property of MGI PHARMA
and is protected by US and international copyright laws.
Trademarks
GLIADEL® Wafer, CaRe[SM], PAL[SM], and other
marks indicated on our site from time to time are trademarks of MGI PHARMA, its
subsidiaries or affiliates. This list is not exhaustive, and the absence of a mark
from this list should not be viewed as a waiver by MGI PHARMA of any of its rights
concerning that mark. Other MGI PHARMA product or service names, logos, graphics,
page headers, button icons, and scripts are trademarks or trade dress of MGI PHARMA
and may not be used, in any manner, in connection with any product or service that
does not belong to MGI PHARMA and especially that which is likely to cause confusion
in the marketplace or in any manner that disparages or discredits MGI PHARMA. All
other trademarks not owned by MGI PHARMA that appear on this site are the property
of their respective owners, who may or may not be affiliated with or connected to
MGI PHARMA.
License and Site Access
MGI PHARMA grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with the express written consent of MGI PHARMA. This license does
not include any resale or commercial use of this site or its contents; any collection
and use of any product listings or descriptions; any derivative use of this site
or its contents; or any use of data mining, robots, or 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 MGI PHARMA. 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 MGI PHARMA without the express
written consent of MGI PHARMA. You may not use any meta tags or any other "hidden
text" utilizing MGI PHARMA's name or trademarks without the express written consent
of MGI PHARMA. Any unauthorized use terminates the permission or license granted
by MGI PHARMA. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of mgipharma.com so long as the link does not portray
MGI PHARMA, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive manner. You may not use any MGI PHARMA logo or
other proprietary graphic or trademark as part of the link without the express written
consent of MGI PHARMA.
Feedback, Comments, Communications, and Other Content
Visitors may post comments and other content, send e-cards and other communications,
and submit suggestions, ideas, comments, questions, or other information so long
as the content is not illegal, obscene, threatening, defamatory, harassing, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious or
objectionable to third parties, and does not consist of or contain software viruses
or malicious code, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of any content. MGI
PHARMA reserves the right (but not the obligation) to remove or edit such content
but does not regularly review posted content. If you post content or submit material,
MGI PHARMA and its affiliates may use it royalty-free on an unrestricted basis,
unless we indicate otherwise. In such event, you grant MGI PHARMA and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right
to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any media.
You grant MGI PHARMA and its affiliates and sublicensees the right to use any product
idea and the name that you submit in connection with such content, if they so choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you submit, that the content is accurate, that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity, and that you will indemnify MGI PHARMA or its affiliates for all claims
resulting from your submissions. No material will be returned to you. MGI PHARMA
has the right, but not the obligation, to monitor and edit or remove any submission.
MGI PHARMA takes no responsibility and assumes no liability for any content posted
by you or any third party.
Medical Information is Not Being Provided
MGI PHARMA is not engaged in rendering medical or similar professional services
or advice through this site, and the information provided on this site is not intended
to replace medical advice offered by a physician. You should not interpret our publication
of the information on this site as an endorsement by MGI PHARMA of the views expressed
on this site, or any warranty or guarantee of any strategy, recommendation, treatment,
action, or application of medication or preparation made by the author of the content.
Linking
Gliadel.com may contain links to sites operated by other parties. The linked sites
are not under the control of MGI PHARMA and MGI PHARMA is not responsible for the
content available on any other Internet sites linked to this site. Such links do
not imply MGI PHARMA endorsement of material on any other site, and MGI PHARMA disclaims
all liability with regard to your access to such linked sites. MGI PHARMA provides
links to other sites as a convenience to users of this site, and access to any other
site linked to this site is at your own risk.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY MGI PHARMA ON AN "AS IS" AND "AS AVAILABLE" BASIS. MGI
PHARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MGI PHARMA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. MGI PHARMA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM MGI PHARMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MGI PHARMA
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MGI PHARMA HAS BEEN ADVISED
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, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Gliadel.com, you agree that the laws of the state of Maryland, without
regard to principles of conflict of laws, will govern these Terms of Use and any
dispute of any sort that might arise between you and MGI PHARMA or its affiliates.
Disputes
Any dispute relating in any way to your visit to Gliadel.com shall be submitted
to confidential arbitration in Baltimore, Maryland, except that, to the extent you
have in any manner violated or threatened to violate MGI PHARMA intellectual property
rights, MGI PHARMA may seek injunctive or other appropriate relief in any state
or federal court in the state of Maryland, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Terms of Use
at any time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition. These Terms of Use govern
your use of this site. The failure of MGI PHARMA to exercise or enforce any right
or provision shall not constitute a waiver of such right or provision. You agree
that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the site must be filed within six (6) months
after such claim arose or be forever barred.
Prescribing Information