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CHATTEM, INC.
WEB SITE TERMS
OF USE AND PRIVACY POLICY
Welcome
Welcome and thank
you for visiting this website, which is owned and operated by Chattem,
Inc. ("Chattem"). Chattem maintains this website as a service
to those in the internet community who are interested in its products,
and it is intended to be informative, useful and fun. Access to and use
of this website are subject to and governed by the terms and conditions
set forth in it and all applicable laws. Chattem may revise these terms
and conditions from time to time, without notice, by updating this posting.
Please use the Contact Information provided below if you have any questions,
comments or concerns regarding this website.
Terms of Use
The following are
terms and conditions that apply to your use of this website. BY USING
THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO
THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD FORMALLY SIGNED
AND AGREED TO THEM IN WRITING. If you do not agree with any of these terms
or conditions, please do not use this website.
Intellectual Property
You acknowledge and
agree that all content and material on this website, including, but not
limited to, text and images, is protected by copyrights, trademarks, service
marks, patents, trade secrets or other intellectual property rights and
laws. Except a expressly authorized in writing by Chattem, you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create derivative
works from such materials or content.
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 Chattem and our affiliates without express written permission. You
may not use any metatags or any other hidden text utilizing Chattem's
name or trademarks without the prior written permission of Chattem.
All product names,
whether or not appearing in large print or with the trademark symbol are
trademarks of Chattem, its affiliates, related companies or its licensors
or joint venture partners. Any use of these trademarks or any other materials,
except as permitted herein, is expressly prohibited and may violate without
limitation, copyright law, trademark law, the law of privacy and publicity,
and communications regulations statutes. Furthermore, please be advised
that Chattem actively and aggressively enforces its intellectual property
rights to the fullest extent of the law.
Disclaimer of Warranties
YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE
INFORMATION IT CONTAINS IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
CHATTEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE
OF DEALING, USAGE OR TRADE PRACTICE.
CHATTEM DOES NOT
MAKE ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, COMPLETE,
SECURE, ERROR OR VIRUS FREE, OR THAT DEFECTS TO THIS WEBSITE, IF ANY,
WILL BE CORRECTED. NOR DOES CHATTEM MAKE ANY WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE,
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE
OR THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, INFORMATION OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR AS A RESULT OF THIS WEBSITE.
Limitations of
Liability
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL CHATTEM, ITS AFFILIATES OR
THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA,
GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS
WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED AT LAW OR IN EQUITY, OR WHETHER ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS
EVEN IF CHATTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING
LAW, CHATTEM'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY LAW.
Indemnification
Upon a request by
Chattem, you agree to defend, indemnify and hold harmless Chattem and
its affiliates and their directors, officers, employees and agents against
any claims, demands, actions, damages or other liabilities, including
expenses and attorney's fees, that arise from your use of this website.
Chattem reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with Chattem in asserting any
available defenses.
Forward-Looking
Statements
This website may
be considered to contain "forward-looking statements" within
the meaning of the Private Securities Litigation Reform Act of 1995, which
provides a safe harbor for forward-looking statements made by or on behalf
of a company.
Words or phrases
such as "anticipate," "estimate," "expects,"
"projects," "intends," "plans," "believes,"
"targets," "goal," "will likely result,"
"will continue," and similar expressions used in connection
with any discussion of future operating or financial performance identify
such forward-looking statements are management's present expectations
regarding future events and speak only as of their dates. As with any
projection or forecast, they are inherently susceptible to uncertainty
and changes in circumstances, and Chattem is under no obligation, and
expressly disclaims any such obligation, to update or alter any forward-looking
statements whether as a result of such changes, new information, future
events or otherwise.
Chattem's actual
results could differ materially from management's expectations and anticipated
results because of changes in such factors. Some of the factors that also
could cause actual results to differ from those contained in any forward-looking
statements include, but are not limited to, sales, earnings and volume
growth, competitive conditions, production costs (including energy, transportation
and distribution costs), currency valuations, global economic and industry
conditions, success of acquisitions and divestitures, new product and
packaging innovations, supply chain efficiency and cash flow initiatives,
and other factors described in our filings with the Securities and Exchange
Commission.
In addition, Chattem's
overall strategy, including its financial strategy, its growth of operations,
the maintenance of its financial ratios and similar matters could be adversely
affected by increased interest rates, failure to meet earnings expectations,
significant acquisitions or other transactions and changes in Chattem's
strategies and intentions.
This website and
the materials contained in it are not an offer to sell or a solicitation
of an offer to buy any security in any state or jurisdiction.
Dated Material
Disclaimer
Chattem will use
reasonable efforts to include accurate and up-to-date information on this
website. However, the passage of time can render information contained
in, or linked to, this website outdated. You should consider the dates
of issuance of all items and information contained in, or linked to, this
website. You agree that Chattem is not responsible or liable for any misimpressions
that may result from your reading dated material. Chattem does not undertake
any duty to update, supplement, correct, comment on or modify any information
contained on this website or any website to which it is linked.
Health Information
Disclaimer; Use of Products
Any medical or health
related information provided in this website is provided for educational
purposes only and is not intended to constitute medical advice or replace
discussions with a healthcare provider.
All Chattem products
should be used as directed in accordance with instructions provided on
the packaging of the product. Before using any medication, read all label
information and keep the carton. It contains important information.
Links to Other
Websites
We have provided
links to other websites that we thought might be of interest or useful
to you. If you access any of these linked websites, you may leave this
website. You agree that if you visit any linked website, you do so at
your own risk. Chattem makes no warranty or representation regarding the
content on any linked website. We encourage you to read the privacy policies
and terms of use of any website that you link to from this website
Links do not imply
that Chattem sponsors, endorses, is affiliated or associated with, or
is legally authorized to use any trademark, trade name, logo or copyrighted
work displayed in or accessible through the links, or that any linked
website is authorized to use any trademark, trade name, logo or copyrighted
work of Chattem. You agree that Chattem is not responsible or liable for
the availability of, or content on, other websites or for supplementing,
updating or correcting information contained on other websites.
International Use
Chattem controls
and operates this website from the company's headquarters in Chattanooga,
Tennessee. As a result, Chattem makes no representation that materials
on this website are appropriate or available for use in locations outside
the Untied States. Accessing this website from territories where its content
is illegal is prohibited. Those who choose to access this website from
outside the United States do so on their own initiative and are responsible
for compliance with all applicable local laws.
Use of Communications
Any communications
or information you transmit to this website will be treated in accordance
with our Privacy Policy. In general, such information should not be considered
by you to be confidential or proprietary. Although we welcome your comments
and feedback with respect to this website or any of our products, we are
not seeking and do not review any unsolicited ideas, suggestions or materials
related to the development, design, manufacture or marketing of our products
or the conduct of our business. This policy is intended to avoid confusion
about the ownership of new ideas and concepts and to help protect you.
By sending us any proposed ideas or other such information, you agree
to transfer to Chattem all of your rights and interests in such proposed
intellectual property, ideas and information. You further agree that Chattem
is free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Chattem.
Other Terms and
Conditions
These Terms of Use,
and the agreement they create, shall be interpreted in accordance with
any governed by the laws of the State of Tennessee (without applying the
state's conflict of laws provisions). You also agree and hereby submit
to the exclusive personal jurisdiction and venue of the Tennessee state
courts or the United States District Court for the Eastern District of
Tennessee with respect to any claims, demands or causes of action arising
out of or related to these Terms of Use or your use of this website.
If any provision
of this Agreement is unlawful, void or unenforceable, you agree that the
provision will be enforced to the maximum extent permissible and the remaining
provisions contained in this Agreement shall continue in full force and
effect.
This Agreement constitutes
the entire agreement between you and Chattem regarding your use of this
website. No advice or information, whether oral or written, obtained by
you from Chattem shall alter the terms of this Agreement. You should check,
however, our Privacy Policy for additional terms that form part of this
Agreement.
You agree that failure
by Chattem to enforce or exercise any provision of this Agreement or related
right shall not constitute a waiver of that right or provision.
Privacy Policy
Chattem respects
the privacy of every individual who visits this website and is sensitive
to privacy issues on the internet. We believe it is important that you
know how we treat the information we receive from you through this website.
Therefore, this privacy policy outlines the information that we may collect
from you and how we may use that information.
Information We
Collect
In general, we have
designed this website to minimize the amount of personal information collected
and request only the information that is required to ensure that visitors
can effectively participate in our activities and events. No personal
information is collected from visitors to this website unless you provide
it to us voluntarily and knowingly.
On this website,
you may be able to enter contests, subscribe to services or otherwise
respond to certain offers and opportunities. In order to accomplish this,
it may be necessary for you to voluntarily provide some of the following
types of personally identifiable information: name, address, e-mail address,
telephone number, fax number, and information about your interesting and
use of various products, programs and services.
We also may collect
certain non-personally identifiable information when you visit one of
our websites, as part of the standard operation of our server, by using
Cookie Technology. This technology does not personally identify you or
extract any information from your computer. Rather, Cookie Technology
is used to provide an enhanced online experience, to measure and monitor
the use of our website and to improve its design and content. The information
this technology collects may include: the name of your Internet service
provider, the date and time you accessed the website, the Internet address
of the website from which you enter our website and where you go after
you leave our website. Data that would personally identify you is known
only when voluntarily submitted.
How We Use Information
If you voluntarily
provide us with any requested information, we generally use that information
for internal purposes only. For example, we may use this information to
communicate directly with you, such as to respond to your inquiries, to
inform you when you have won one of our contests, or to offer you additional
information about our products, programs, services, promotions or offers
that we believe may be of interest to you. Such responses will include
information on how to opt out from receiving further information or services.
Certain information
we receive online may on occasion be combined with our other records to
enhance our ability to market those products or services we believe may
be of interest to you. We never sell, rent or otherwise share any personal
information we obtain with third parties, unless we have notified you
at an e-mail address you provided that we intend to do so and have provided
you with an opportunity to request that we not do so.
We may have to disclose
personally identifiable information in response to legal requests, for
example court orders, subpoenas or specific requests from law enforcement
agencies.
Although we take
appropriate measures to safeguard against unauthorized disclosures of
information, we cannot assure you that personally identifiable information
that we collect will never be disclosed in a manner that is inconsistent
with this policy. We have, however, put in place appropriate physical,
electronic and administrative safeguards to help prevent the unauthorized
access and use of the information we collect online.
Children's Privacy
We do not knowingly
collect personal information from children under the age of 13. If we
learn that we have personal information on a child under the age of 13,
we will delete that information from our systems. Chattem encourages parents
to use the internet with their children. To make a child's online experience
safer, we recommend that parents teach children never to give personal
information, unless supervised by a parent or a responsible adult.
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