Terms of Use
The following Terms of Use, which may be updated from time to
time without notice to you, govern your use of La Jolla Pharmaceutical
Company's ("LJPC") web site (this "Site")
and the materials accessible on or from this Site. Please read
these Terms of Use carefully before accessing any part of this
Site. Your access of this Site constitutes your agreement with
and acknowledgement of these Terms of Use. If you do not agree
with these Terms of Use, you may not access this Site.
No Representations and Warranties
LJPC does not warrant or make any representations of any kind
with respect to the material and information contained on this
Site. Your use of this Site is at your own risk. Although LJPC
attempts to provide accurate information, this Site is intended
to be for general reference and informational purposes only. Although
LJPC strives to keep this Site up to date, it may contain inaccurate,
incomplete, or out-of-date information. LJPC assumes no responsibility
for errors or omissions in the content of this Site, and makes
no commitment to update such information. Your sole and exclusive
remedy for issues relating to the use of, or the material on,
this Site shall be to discontinue accessing this Site or using
the information or material obtained. The user and LJPC acknowledge
and agree that LJPC shall not be liable for any damages relating
to the use of, or reliance upon, this Site or such material.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE,
DISCLAIM AND RELEASE LJPC, ITS SUBSIDIARIES AND AFFILIATES, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING
ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR
INTEREST, EVEN IF LJPC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS
TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY INFORMATION
OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THIS SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT.
Indemnity
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR
WHILE ON THIS SITE AND AGREE TO INDEMNIFY AND HOLD LJPC, ITS SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUCCESSORS, AND ASSIGNS, HARMLESS FROM AND AGAINST ANY
LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING
ACTUAL ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A
THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THIS
SITE, ACCESS TO THIS SITE, YOUR VIOLATION OF THESE TERMS OF USE,
OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
Privacy Policy Statements
Any information that we may collect from you during your use of
this Site is subject to our Privacy Policy. For the full text
of our Privacy Policy, please click here.
Forward-Looking Statements
This Site contains forward-looking statements including without
limitation those dealing with LJPC’s drug development plans
and clinical trials. The forward-looking statements on this Site
involve significant risks and uncertainties, and a number of factors,
both foreseen and unforeseen, could cause actual results to differ
materially from LJPC’s current expectations. Forward-looking
statements include those that express a plan, belief, expectation,
estimation, anticipation, intent, contingency, future development
or similar expression. Although LJPC’s New Drug Application
("NDA") for Riquent® has been accepted by the United
States Food and Drug Administration (the "FDA") for
review, and even though LJPC has agreed with the FDA regarding
the design of a potential Phase 4 trial and it has started the
trial, there is no guarantee that the FDA will approve Riquent
in a timely manner, or at all. LJPC’s analyses of clinical
results of Riquent, previously known as LJP 394, its drug candidate
for the treatment of systemic lupus erythematosus ("SLE"
or "lupus"), and LJP 1082, its drug candidate for the
treatment of antibody-mediated thrombosis ("thrombosis"),
could result in a finding that these drug candidates are not effective
in large patient populations, do not provide a meaningful clinical
benefit, or may reveal a potential safety issue requiring us to
develop new candidates. The analysis of the data from LJPC’s
Phase 3 trial of Riquent showed that the trial did not reach statistical
significance with respect to its primary endpoint, time to renal
flare, or to the secondary endpoint, time to treatment with high-dose
corticosteroids or cyclophosamide. Although LJPC’s NDA for
Riquent has been accepted for review by the FDA, the results from
its clinical trials of Riquent may not ultimately be sufficient
to obtain regulatory clearance to market Riquent either in the
United States or Europe, and it may be required to conduct additional
clinical studies to demonstrate the safety and efficacy of Riquent
in order to obtain marketing approval. There is no guarantee,
however, that LJPC will have the necessary resources to complete
any additional trial, that it will elect to conduct an additional
trial, or that any additional trial will sufficiently demonstrate
the safety and efficacy of Riquent. LJPC’s blood test to
measure the binding affinity for Riquent is experimental, has
not been validated by independent laboratories and will likely
be reviewed as part of the Riquent approval process. LJPC’s
other potential drug candidates are at earlier stages of development
and involve comparable risks. Analysis of LJPC’s clinical
trials could have negative or inconclusive results. Any positive
results observed to date may not be indicative of future results.
In any event, regulatory authorities may require additional clinical
trials, or may not approve LJPC’s drugs. LJPC’s ability
to develop and sell its products in the future may be adversely
affected by the intellectual property rights of third parties.
Additional risk factors include the uncertainty and timing of:
obtaining required regulatory approvals, including delays associated
with any approvals that it may obtain; the clear need for additional
financing; its ability to pass all FDA inspections; the increase
in capacity of its manufacturing capabilities for possible commercialization;
successfully marketing and selling its products; its lack of manufacturing,
marketing and sales experience; its ability to make use of the
orphan drug designation for Riquent; generating future revenue
from product sales or other sources such as collaborative relationships;
future profitability; and its dependence on patents and other
proprietary rights. Readers are cautioned to not place undue reliance
upon forward-looking statements, which speak only as of the date
hereof, and LJPC undertakes no obligation to update forward-looking
statements to reflect events or circumstances occurring after
the date thereof. Interested parties are urged to review the risks
described in LJPC's Annual Report 10-K for the year ended December
31, 2003, and in other reports and registration statements filed
with the Securities and Exchange Commission from time to time.
No Medical, Tax, Investment, or Legal Advice
The content and information presented on this Site is for general
reference and informational purposes only and is not intended
to offer specific medical, tax, investment, or legal advice of
any kind.
The content and information presented on this Site is not intended
to replace the services of a trained health professional, or to
be a substitute for medical advice of physicians and/or other
health care professionals. LJPC is not engaged in rendering medical
or professional medical services. You should consult your physician
on specific medical questions, particularly in matters requiring
diagnosis or medical attention. LJPC makes no representations
or warranties with respect to any treatment, clinical study, action,
application, medication, prescription, suitability for treatment,
or effectiveness with respect to any of the content or information
offered or provided through this Site.0
The content and information presented on this Site is not intended
to replace the services of a trained tax, investment and/or legal
professional, or to provide tax, investment and/or legal advice,
or to be a substitute for investment, tax, and/or legal advice.
ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN MEDICAL,
TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE PARTICIPATING
IN ANY CLINICAL STUDIES, MAKING ANY MEDICAL DECISIONS, OR MAKING
ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS. BY USING THIS SITE,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON
ANY INFORMATION OR MATERIAL PRESENTED ON THIS SITE TO PARTICIPATE
IN ANY CLINICAL STUDIES, MAKE ANY MEDICAL DECISIONS, OR MAKE ANY
TAX, INVESTMENT AND/OR LEGAL DECISIONS.
No Resale of this Site
You agree not to reproduce, duplicate, copy, sell, resell, or
exploit for any commercial purposes, any portion of this Site,
use of this Site, or access to this Site.
Modifications to Site
LJPC reserves the right at any time, and from time to time, to
modify or discontinue, temporarily or permanently, this Site (or
any part thereof) with or without notice to you. You agree that
LJPC shall not be liable to you or to any third party for any
modification, suspension or discontinuance of this Site.
Links to Other Web Sites
LJPC may provide links from or to other web sites maintained by
third parties. LJPC has not reviewed or endorsed these linked
web sites, and you hereby acknowledge and agree that LJPC shall
not be responsible or liable for the content, products, or services
offered on such web sites. To the extent applicable, you are responsible
for compliance with all laws regarding content, products, or services
obtained from such linked web sites.
Intellectual Property
The information on this Site, including, without limitation, all
design, text, images, photographs, press releases, and other information,
are protected under United States and other copyright laws and
are owned by LJPC and/or used under license from the copyright
owner. The information may not, except under written license,
be copied, reproduced, transmitted, displayed, performed, distributed,
rented, sublicensed, altered, stored for subsequent use, or otherwise
used in whole or in part in any manner without LJPC's prior written
consent, except to the extent that such use is authorized under
the United States and other relevant copyright laws. LJPC's trademarks,
logos, images, and service marks used on this Site are the property
of LJPC and may not be used without the prior written consent
of LJPC and without proper acknowledgment. All other trademarks
and/or logos are the property of their respective owners.
No Employment Guarantee
With respect to LJPC career opportunities, LJPC makes no guarantee
or promise that you will achieve job placement, that any employment
or position is available, or that you will be placed in a job
of your preference.
Equal Employment Opportunity Commission Statement
LJPC does not discriminate against or harass any employee or applicant
for employment because of race, color, creed, religion, national
origin, sex, disability, age, marital status, sexual orientation,
political affiliation, veteran, and/or status with regard to public
assistance, and LJPC makes employment decisions in accordance
with federal, state and local laws.
Governing Law
The internal laws of the State of California, without reference
to any choice of law provisions, shall govern any claims relating
to any use of, or information on this Site.
Severability
If any term of this Agreement is declared unlawful, void, or for
any reason unenforceable by any court in any jurisdiction, then
such term will be deemed severable from the remaining terms in
such jurisdiction and will not affect the validity and enforceability
of such remaining terms.
Contact Us
If you have any questions about these Terms of Use or our Site,
please contact us at webmaster@ljpc.com.
LJPC may revise these Terms of Use at any time, and all users
will be bound by such revisions. Revisions will be posted on this
"Terms of Use" page and users are responsible to review
the page from time to time to ensure compliance.
PRIVACY POLICY
The following Privacy Policy (this "Policy") is applicable
to all of the information collected during your use of La Jolla
Pharmaceutical Company's ("LJPC") web site (this Site").
Please read this information carefully before accessing any part
of this Site.
Our Commitment to Your Privacy
LJPC recognizes and respects the privacy of users of this Site.
To better protect your privacy, we are providing this Policy to
explain our online information practices and the way that we may
collect and use information from you.
From time to time, LJPC may update this Policy and you always
can review the current version of the Policy by clicking on the
"Privacy Policy" link at the bottom of every page on
our Site. In addition, if we decide to use personally identifiable
information in a manner different from that stated at the time
you provided it to us, we will attempt to notify you by way of
an email in order to provide you with the opportunity to determine
whether we can use the information in the different manner.
The Information We Collect
Generally, LJPC may gather information about visitors to this
Site when it aggregates information gathered by tracking the usage
of certain features available on this Site. The collection of
this information enables LJPC to tailor our content to your needs,
keep you informed of information that you may find of interest
which assists us in providing appropriate services to our customers.
Specifically, LJPC may gather personally identifiable information
about visitors to this Site when you enter personally identifiable
information such as your name, company name, street address (including,
without limitation, state, zip code, and country), telephone number,
and email address. When you choose to provide us with personally
identifiable information, LJPC will act in a responsible manner.
LJPC will maintain your personally identifiable information in
secure on-line and off-line facilities. The collection of this
personally identifiable information enables LJPC to send investor
relations information and press releases about LJPC.
Finally, LJPC may store and disclose personally identifiable information
as allowed or required by applicable law, including making disclosures
that are necessary or advisable to: (i) protect the rights, safety
or property of LJPC or others, and (ii) conform to legal or regulatory
requirements. Except as set forth above, LJPC will not disclose,
sell, lease, or rent your personally identifiable information.
Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important.
For that reason, LJPC does not intend to or knowingly collect
or maintain personally identifiable information from children
under 13.
Correcting or Retrieving Your Information
If your personally identifiable information changes (such as your
email address, zip code, etc.), or if you no longer want LJPC
to maintain your information, this can be accomplished by sending
us an email at webmaster@ljpc.com or sending your request to:
Attn: Librarian, La Jolla Pharmaceutical Company, 6455 Nancy Ridge
Drive, San Diego, California, 92121. LJPC will send a confirming
email to your last known email address of the changes or deletion
of your personally identifiable information.
Cookies and Log Files
A cookie is a piece of data stored on your hard drive containing
information about you. LJPC may use cookies on this Site to provide
better navigation on our Site for you, which will terminate once
you close your browser. Additionally, you may still use our Site
even if you reject the cookie. Cookies, however, may be used by
some of the web sites to which we link. Therefore, please review
the Links section of this Policy below.
In addition, we may use your Internet Protocol address to analyze
trends, administer this Site, and gather broad demographic information
for aggregate use in order to improve our Site. We will not link
any Internet Protocol addresses that we may collect to any personally-identifiable
information.
Links
On our Site, you may have the opportunity to follow a link from
or to other web sites maintained by third parties. Because these
other web sites may not be hosted or controlled by LJPC, however,
we are not responsible for the privacy practices of those web
sites. Therefore, the privacy policies with respect to those web
sites may differ from those applicable to our Site and we encourage
you to review the privacy policies of each of those other web
sites. This Policy only applies to information collected and maintained
by LJPC and its affiliates.
Governing Law
The internal laws of the State of California, without reference
to any choice of law provisions, shall govern any claims relating
to any use of, or information on this Site.
Contact Us
If you have any questions about this Policy or our Site, please
contact us at webmaster@ljpc.com
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