Terms of Use

NPSAdvantage.com (the “website”) is owned and operated by NPS Pharmaceuticals, Inc., 550 Hills Drive, Bedminster, NJ 07921 (“NPS”).

NPS welcomes its customers, alliance partners, suppliers, investors, employees, the scientific community, as well as the general public. The website is available to you for your information, interest and education about the NPS Advantage Program.

The following terms of use, as may be amended from time to time in the sole discretion of NPS, including the Privacy Policy (“Terms of Use”), apply to any and all access to the website and your use of the website or its contents. By using this website you unconditionally accept and agree to be bound by these Terms of Use without qualification, limitation or other restriction. Your continued access and use of the website after any changes or amendments to the Terms of Use will constitute your acceptance of any such changes or amendments.

The website is designed to provide a general overview about the NPS Advantage to a wide variety of audiences. The information contained on the website is not intended to provide medical advice or instruction on the appropriate use of any products.

Patients are urged to consult with their treating physicians or other qualified healthcare professional before using any product, service or technique discussed in this website.

All information and materials posted on the website are provided “as is” with all faults. Such materials and information may contain errors, omissions or typographical errors or may be out of date. NPS makes no representation or warranty as to the accuracy or completeness of the information posted on or referenced on the website, including, without limitation, information prepared by third parties that is posted on the website or on websites that are linked to the website. Access to and use of all information, as authorized herein, is at the user’s own risk.

NPS will use reasonable efforts to post materials on the website that are current as of the date posted. NPS expressly disclaims any duty to update such information. You acknowledge that NPS has not reviewed and does not endorse the content of third party sites linked to and from the website and is not responsible for the content or actions of these other sites. Such third party sites are governed by the privacy policies and terms of use of their respective owners or operators. Your linking through the website to any third party site is at your own risk.

Any communication, information, materials or other content transmitted to NPS via the website is not confidential. For any content that you submit through the website, you grant NPS a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, unrestricted right and license to use, reproduce, modify, delete in its entirety, adapt, display, transmit, publish, translate, create derivative works from, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such content, in whole or in part, alone or with other materials, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose whatsoever, including without limitation informational, commercial and promotional activities, without compensation to you. Personal information submitted to the website will be used in accordance with the Privacy Policy.

The website is expressly owned and operated by NPS. Unless otherwise noted, the design, features and content on the website are owned by NPS or are licensed from third parties by NPS. You may view and use the website and its content only for your personal information. Except as set forth in these Terms of Use, NPS does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, or distribute by any means, method or process the website or any of its content. You agree to use the website and its content only for lawful purposes.

It is the policy of NPS to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of NPS or its licensors or collaborators, unless otherwise noted. The content of the website, including any images or text, is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used, except as provided herein, without the express written permission of NPS. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable law, if you are a copyright owner and you believe that any content present on this website infringes a copyright you own, you or your agent may send NPS written notice pursuant to the DMCA requesting that NPS remove the content or restrict access to it. If you are a user who believes that your content that was removed, or to which access was disabled, is not infringing, or that you are permitted pursuant to applicable law or have the permission of the copyright owner or his, her, or its agent to exploit your content, you may send NPS a counter-notice. Please visit http://copyright.gov for further information if you wish to send a notice or counter-notice to NPS using the address below. NPS may allow users to submit content, including personal stories and other materials, to the website, subject to the restrictions set forth in these Terms of Use. By submitting any content to NPS or the website, you represent and warrant that:

  • you are the sole author of the intellectual property rights thereto, or a licensee with appropriate rights to allow NPS to use such content as set forth in these Terms of Use;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • you are at least 18 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to or violate the rights of any person or entity.

You further agree and warrant that you shall not submit any content that

  • concerns a use for which a product is not intended;
  • is false, inaccurate or misleading, or that involves impersonating or misrepresenting any person or entity, or falsely stating or otherwise representing your affiliation with a person or entity;
  • infringes or violates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violates any law, statute, ordinance or regulation or any obligation of confidentiality or other contractual obligation;
  • is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased, offensive, abusive, threatening or harassing to any person or entity;
  • contains any computer viruses, worms or other potentially damaging computer programs or files;
  • is lewd, profane, obscene, or indecent, including any content that is violent or pornographic or that contains nudity or explicit violent or sexual material; or
  • offers or disseminates any fraudulent goods, services, schemes or promotions, unsolicited mass mailing or spamming, or unauthorized advertising.

NPS does not necessarily endorse, support, sanction, encourage, verify or agree with the content posted by users on the website. Any content placed on the website, including advice and opinions, are the views and responsibility of those who submit the content and do not necessarily represent the views of NPS. NPS reserves the right, but undertakes no duty, to review, edit, move or delete any content posted on the website, in its sole discretion, without notice. You agree that NPS and its third party service providers are not responsible, and shall have no liability to you, with respect to any content submitted to the website by others, including content that violates these Terms of Use.

All content that you submit may be used at NPS’s sole discretion. No use of the content by NPS will be submitted to you for approval. NPS reserves the right to edit, abridge or format any content submitted to the website that NPS deems, in its sole discretion, to violate these Terms of Use. NPS, and anyone who receives permission from NPS, will be without liability to you for any modification of the content or any distortion or illusionary effect resulting from use of the content in accordance with these Terms of Use. NPS does not guarantee that you will have any recourse through NPS to edit or delete any content you have submitted. NPS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not NPS, are responsible for the contents of your submission.

You hereby agree to indemnify and hold NPS (and its officers, directors, employees, agents, and collaborators), harmless from all claims, demands, and damages (whether direct, indirect, special, consequential or punitive), known and unknown, including reasonable attorneys’ fees, arising out of a breach of these Terms of Use, your violation of any law or the rights of a third party, NPS’s use or publication of content submitted by you, or otherwise relating to your use of the website.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NPS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NPS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, NATURE OR DESCRIPTION (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) ARISING OUT OF OR RELATING TO THIS WEBSITE, ANY CONTENT POSTED ON OR REFERENCED ON THE WEBSITE OR THE USER’S ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.

If any dispute arises between us regarding these Terms of Use or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be New Jersey. Your access and use of the website and its content are governed by and shall be construed in accordance with the laws of the State of New Jersey.

You may address any questions or comments regarding these Terms of Use to NPS Pharmaceuticals, Inc., 550 Hills Drive, Bedminster, NJ 07921.