Terms of Use

TERMS OF USE

These Terms of Use describe the terms and conditions applicable to your (“You” or “Users”) use of www.foamix.com and all other websites operated by Foamix Pharmaceuticals Ltd. (“Foamix” or “We” or “Our” or “Us”) that link to or incorporate these Terms of Use (Our “Websites”). The goal of Our Websites is to introduce You to Our activities, and provide information that may be of interest to You. Your Access to and use of Our Websites and the information, materials, products, and services available through Our Websites is subject to all applicable laws and regulations and to these Terms of Use.

PLEASE READ AND REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. BY ACCESSING OR USING OUR WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS. If you do not agree to be bound by these Terms of Use and to abide by all applicable laws and regulations, you must discontinue your use of OUR Websites immediately.

Intended Audience

Websites are intended for and directed towards Users who reside in the United States of America.

Privacy Policy

The Foamix Privacy Policy is part of these Terms of Use and is fully incorporated herein by this reference. By accessing or using Our Websites, You acknowledge that You have read and understand the Privacy Policy and that You agree to its terms, including Your agreement to the collection, use, and disclosure of information about You by Foamix as described in the Privacy Policy.

Changes

We reserve the right to modify these Terms of Use at any time. Such modifications shall be effective immediately upon notice to You, which may be given by any means including, without limitation, by posting a new Terms of Use on this page. Accessing Our Websites after such notice shall be deemed to constitute acceptance of such modifications. Please visit Our Websites periodically to review the current Terms of Use to which You are bound. We reserve the right to discontinue Our Websites at any time.

Content

The content on Our Websites is designed to provide a general overview of Foamix, and is presented solely for informational purposes. Our Websites may contain general information relating to various medical conditions and their treatment. THE CONTENT AVAILABLE THROUGH OUR WEBSITES, OR COMMUNICATED TO YOU DIRECTLY, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT OF ANY HEALTH CONDITION OR PROBLEM. You should not rely on information contained via Our Websites for diagnosing, treating, curing, preventing, managing, or otherwise addressing health problems. Questions should be addressed to Your physician or other health care professional. WE DO NOT, THROUGH OUR WEBSITES OR OTHERWISE, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. Your doctor or other health care professional, as a learned intermediary, is in the best position to assess, and provide information, about Your medical condition and any treatment options. Please consult Your healthcare provider for all medical advice or questions.

Use of Our Websites

You agree to comply with all laws and regulations applicable to Your use of Our Websites. You agree to not take any action that may compromise the security of Our Websites, interfere with the proper working of Our Websites, or otherwise damage Our Websites or any materials and information available through Our Websites. You may not use Our Websites for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Foamix or others.

You may not attempt to gain unauthorized access to any portion or feature of Our Websites, to any other systems or networks connected to Our Websites or to any Foamix server, or to any of the services offered on or through Our Websites, by hacking or any other illegitimate means.

You may not probe, scan, or test the vulnerability of Our Websites or any network connected to Our Websites, nor breach the security or authentication measures on Our Websites or any network connected to Our Websites. You may not reverse look-up, trace, or seek to trace any information on any other User, or any other customer of Foamix, including any account not owned by You, to its source, or exploit Our Websites or any service or information made available or offered by or through Our Websites, in any way where the purpose is to reveal any information other than Your own information, as provided for by Our Websites.

Information Provided to Foamix

When You provide information to us, You agree to:

  • provide accurate, current, and complete information; and
  • maintain and promptly update such information to keep it accurate, current, and complete.

If You provide any such information that is untrue, inaccurate, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, We have the right to suspend or terminate any account You establish in connection with Your use of Our Websites and refuse any and all current or future use of Our Websites or any portion thereof.

Any questions, comments, suggestions, or any other communications, including any ideas, inventions, concepts, techniques, or knowhow You may forward to Our Websites or otherwise to Foamix, electronically or by any other means, shall be deemed to be non-confidential and non-proprietary. Foamix is free to reproduce, use, disclose, publish, and distribute such information to others without liability or restriction. Furthermore, Foamix is free to use, without compensation to You, any ideas, inventions, concepts, techniques, or knowhow contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and/or marketing goods or services.

Press Releases, News, and Information

Our Websites may contain information, news, and/or press releases about Foamix. We disclaim any duty or obligation to update any such information, news, or press releases, and Your reliance on information contained in these materials is at Your own risk.

Registrations and Passwords

You acknowledge and agree that You are responsible for maintaining the confidentiality of Your login ID and password, and for all uses of Your login ID, password, and/or account. You agree to notify Us immediately of any unauthorized use of Your login ID, password, or account, or any other breach of security. You may be held liable for losses incurred by Us or any other visitor to Our Websites due to someone else using Your login ID, password, or account as a result of Your failing to keep Your account information secure and confidential.

Scope of Use and Restrictions

Foamix owns, operates, and maintains Our Website. The Website and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on Our Website (the “Content”) are the property of Foamix, or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on Our Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on Our Website may be registered, or unregistered Marks of Foamix, or others. Nothing contained on Our Website should be construed as granting any license or right to use any of the Marks displayed on Our Website without the express written consent of Foamix, or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You agree that when accessing Content on, or submitting information to, Our Website, You shall not use such Content, or submit such information, for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, You agree You may only use Our Website for Your personal and non-commercial use. You may print, copy, and download any Content contained in Our Website for Your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on Our Website, except as otherwise expressly provided herein, without the express prior written consent of Foamix. If You copy or download any Content You agree to retain all copyright and other proprietary notices and not to obscure, delete or modify any notices or legends contained therein.

No Warranties

THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOAMIX DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. FOAMIX MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. FOAMIX ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. FOAMIX SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. BY USING OUR WEBSITES YOU ACCEPT THE RISK THAT THE INFORMATION PROVIDED ON THE WEBSITES MAY BE INCOMPLETE OR INACCURATE OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.

Disclaimed Liability

IN NO EVENT WILL FOAMIX OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, AND SPECIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS, GOOD WILL, OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITES OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITES. THIS LIMITATION INCLUDES DAMAGES OR ANY VIRUSES, WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT, AND APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree, at Your sole cost and expense, to defend, indemnify, and hold harmless Foamix, its affiliates, officers, directors, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of or are related to any violation of the Terms of Use and/or Your use or misuse of Our Websites.

Links to Other Sites

Any links to other Internet websites or online services are provided as a convenience. We have no responsibility or control over the content or operation of such websites or online services and shall not be liable for any damages or injuries arising from that content or their operation. Inclusion of a link to other sites on Our Website does not imply an endorsement or recommendation by Foamix.

Children

You must be 18 years of age or older to submit registration or other information via Our Websites. If You are under the age of 18 and wish to register to obtain further information, then Your parent or guardian must register to obtain the information.

Governing Law

Our Websites are operated by Us from Our office in Bridgewater, New Jersey. These Terms of Use and Your access and use of Our Websites shall be governed by and interpreted in accordance with the laws of New Jersey. Any legal action or proceeding related to Our Websites shall be brought exclusively in a federal or state court of competent jurisdiction situated in New Jersey .

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to Our rights and remedies otherwise available at law, We shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If We seek any equitable remedies, We shall not be precluded or prevented from seeking remedies at law, nor shall We be deemed to have made an election of remedies.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver

Any waiver by Foamix of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by Foamix to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive Us of the right to insist upon strict adherence to that term or any other term of these Terms of Use.

Termination of Access

We reserve the right, in Our sole discretion, to terminate or block Your access to all or part of Our Websites, with or without notice, for any reason or no reason, including without limitation Your violation of these Terms of Use.

Questions

If You have any questions about these Terms of Use, please contact Us via privacyoffice@foamix.com.