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TERMS OF USE


BEFORE ACCESSING THIS SITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY NUPATHE INC. TO ACCESS OR OTHERWISE USE THIS SITE. YOU SHOULD REVIEW THESE TERMS OF USE REGULARLY AS THEY MAY CHANGE AT ANY TIME AT OUR SOLE DISCRETION.

www.MigraineNausea.com. User Agreement
Welcome to www.MigraineNausea.com (also referred to as "Site") owned and operated by NuPathe Inc. (also referred to as “NuPathe”, “us” or “we”).  These Term of Use contain the terms, covenants, conditions, and provisions upon which you (“You”) may access and use this Site.

Terms and Conditions
By accessing, viewing, or using this Site, You, the user, indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms of Use and agree to be legally bound by them. Please note that NuPathe reserves the right to change these Terms of Use at any time at our sole discretion. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. Therefore, you are urged to review the Terms of Use each time you access this Site.

License Grant
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with these Terms of Use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Site, You warrant to NuPathe that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms of Use.

Intellectual Property Rights
All materials contained in the Site are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site are Copyright © 2011 NuPathe Inc. or its licensors or suppliers, all rights reserved. NuPathe also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any other content generated by the Site without NuPathe's written consent is expressly prohibited. You agree not to copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble any aspect of the Site, except as expressly allowed by this Agreement. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that NuPathe actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If You believe in good faith that materials hosted by NuPathe infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice.

Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for the Site should be sent to General Counsel, NuPathe Inc., 227 Washington Street, Suite 200, Conshohocken, PA 19428.

Submissions
NuPathe welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for NuPathe to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.

If You transmit to or post on our Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.

You are not authorized to post on or transmit to or from our Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Jurisdiction
The information provided on this Site is intended for U.S. audiences only and has been designed to comply with U.S. regulatory guidelines.

Disclaimer
The content of this Site is provided "As Is" and NuPathe makes no representations or warranties of any kind, whether express or implied, created by law, contract or otherwise, including, but not limited to any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. While NuPathe makes reasonable efforts to ensure the timeliness and accuracy of the materials present on this Site, it makes no assurances or warranties as to the accuracy of the information provided on this Site and shall not be liable for any direct, indirect, incidental, consequential or otherwise special damages or injuries resulting from the use of this Site and reliance on the materials contained here. NuPathe may make changes to these materials at any time, without notice, and makes no representation or warranty that access to the Site will be available on a continuous basis, will be uninterrupted or that the information contained on the website will be timely, complete or error free. Each user assumes full responsibility and all risks arising from access to and use of this Site.

Medical Information/Conditions
Medical information that appears on this Site is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. Any reliance on the information provided on this Site is solely the responsibility of the individual. NuPathe undertakes no commitment to update the information contained on this Site.

Links to Other Websites
This Site may link You to other websites that are not owned or controlled by NuPathe. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website's owners or sponsors. These links are provided for Your convenience only. These sites are maintained by entities over which NuPathe exercises no control. Accordingly, NuPathe expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and /or the collection and use of personally identifiable information by these third-party sites. If You choose to hyperlink to another website, You do so at Your own risk.

Links from Other Websites to this Site
If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to this Site.

Privacy Policy
The privacy policy governing this Site is located at www.migrainenausea.com/privacypolicy.html (“Privacy Policy”).  The Privacy Policy is incorporated by reference into, and is a part of, these Terms of Use.  By using this Site you agree to the terms of the Privacy Policy and You consent to the collection, use and disclosure of information in accordance with the Privacy Policy. Please be sure to read the Privacy Policy before using or submitting information to this Site. 

Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to You.

These Terms of Use were last updated on June 1, 2011.

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