PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.AKYMA.COM

TERMS OF USE
The Akyma website ("Site") is owned and operated by Akyma Pharmaceuticals LLC ("Akyma"). Access to the Site is conditioned upon your acceptance and compliance with the terms, conditions, and disclaimers contained in this document and elsewhere on the Site (collectively known as "Terms of Use"). Akyma reserves the right to amend the Terms of Use at any time. Your use of the Site constitutes your agreement to the Terms of Use. Please note that this Site and the services offered are only open to users 18 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site.

INFORMATION ON THE SITE
The information contained on the Site is for general information purposes for United States visitors only. Such information is not intended as medical, diagnostic or prescribing advice therefore the services of a qualified health care professional should be consulted. Akyma assumes no responsibility for any use whatsoever undertaken as a result of information on the Site or for treatment recommended by anyone. Any information available on the Site may be modified, updated or replaced by Akyma from time to time without notice. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. Akyma does not warrant that the information contained on the Site is accurate, complete, current, virus-free, error-free or that it complies with any legislation or regulations.

THIRD PARTY WEB LINKS
The Site may from time to time contain hyperlinks or similar directives to third party internet websites that are not under the control of Akyma. The appearance of external hyperlinks does not constitute endorsement by Akyma, or its affiliates, of the opinions or views expressed by these linked websites and Akyma does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Akyma is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Akyma, nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information ("Information") or Postings from the end user, be advised that in no event shall Akyma assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Under no circumstances will Akyma be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any third party site. Akyma does not endorse nor is Akyma responsible for the contents of any linked web or any hyperlink contained in a linked website. These hyperlinks are provided as a convenience only. Any linking to such third party websites is done entirely at your own risk.

INTELLECTUAL PROPERTY
Akyma claims a copyright on the all site software, design, text, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and such notice is provided as © 2004 Akyma Pharmaceuticals LLC. You may download the information, images and text only as necessary to enable your proper access to the Site. Use other than as authorized herein must be obtained from Akyma in writing. Retention, copying, reproduction, modification, distribution of any information, images or text on the Site for any purpose is strictly prohibited. Akyma, Akyma.com, Akyma Pharmaceuticals, and the relevant logos are trademarks of Akyma Pharmaceuticals LLC used in the United States. Trademarks used on this site in connection with products of other companies are not the property of Akyma and should not be copied, downloaded, reproduced, modified or distributed in any way without prior permission of the trademark owner. All rights not expressly granted herein are reserved.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Akyma is not responsible or liable for any viruses, infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AKYMA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AKYMA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Akyma's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. You personally and directly assume the entire cost of any necessary verification, maintenance, repair and/or correction of any content. You understand and agree that Akyma does not control and is not liable for users of the Site, their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.

PRIVACY AND SECURITY
Akyma views member privacy as an important concern. Akyma does not provide or release names or email addresses of members to any third party without the member's explicit permission or as required by law. Akyma does not and will not use cookies or any other technology to track or report on member activity when they are not on Akyma.com, nor pass member data to other Web sites. Akyma will use member data to measure site activity. "Cookie" technology helps Akyma determine which features and services are important to which audiences so that we may know where to invest our ongoing development and creative efforts in order to make the site more relevant to members. Notwithstanding the foregoing, you acknowledge that transmissions to and from the site may be monitored, intercepted or modified by third parties beyond Akyma's control. Akyma Pharmaceuticals, by and through its authorized agents, collects and organizes information about visitors to our web site. This information is collected and used to better serve our clients, web site visitors, and to make enhancements to our site. We utilize third party census software that tracks the usage and referral information when you visit our website. This information is gathered through, but not limited to, IP address and/or cookies and may be utilized to contact the visitor. By visitation to this site you agree to the collection, organization and potential transfer of this information. Among the types of information collected by the server is data that includes, but is not limited to, time and date of visit, referral site (if you were transferred to our site from a third party, such as a web search engine and/or a link to our site, is accessed from another web site), Internet Protocol (IP) address, your domain name, IP address of your internet provider, site pages visited while connected to our site, web browser and operating system utilized on your Personal Computer. Cookies are utilized and stored on your personal computer for site performance and tracking ability. Cookies are messages given to a web browser by a web server that the browser stores in a text file. The message is then sent back to the server each time the browser requests a page from the server. Cookies are used to identify users. The Internet Protocol (IP) is the method or protocol by which data is sent from one computer to another on the Internet. Each computer connected to the Internet has at least one IP address that uniquely identifies it from all other computers on the Internet. This IP address may be a Static and/or DHCP address and is tallied each time this site is visited. IP Address and Cookies may reflect and/or can be tracked back to the identity of an end-user. The information gathered may be utilized and/or shared with organizations utilized by our facility as we strive to make our site visible and assessable to the end user.

MESSAGING SERVICES (e.g. EMAIL AND AKYMA.COM MESSAGING)
1. Description of Services.
During registration you will be asked to provide current, complete and accurate information as prompted to so do. You will then enter your registered username and password. Your username and password will be used for all services offered by the Site. You are entirely responsible for maintaining the confidentiality of your username and password. A user's IP address and identity will not be displayed in connection with the services, unless the user selects this option during registration and customization of the services. All information requested during registration shall be referred to as the "Registration Data". Please read the Akyma Privacy Policy for information on how Akyma collects and uses user's personal information. Notwithstanding the terms of the Akyma Privacy Policy, you grant to Akyma the right to disclose the Registration Data to third parties for the purposes of administering and maintaining the services. Furthermore, while it is Akyma's policy to respect the privacy of its users, including information about user's use of the services, including the contents of users' email and messages ("Email Content"), Akyma reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the services, or such contents, in the event that Akyma believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of Akyma; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others. You agree to notify Akyma immediately in the event that you believe that there is unauthorized use of your account.
2. Termination of the Services.
Akyma may terminate the services at any time with or without cause. Akyma shall not be liable to user or any other party for termination of the services. If user should object to any of the terms and conditions of the services, user may 1) discontinue use of the services or 2) cancel his/her registration to the services by sending an email from the email address submitted during registration to WebSupport@Akyma.com. The subject lines of the mail should read "remove" followed by the name the user uses to log in. The body of the email should include the member's username, password, date of birth and email address. Akyma.com will send a confirmation when the user's account is deleted. Upon termination of the services, Akyma will have no further obligation thereafter to forward any unread or unsent messages to the user or any other party.
3. Disclaimer and Limitations of Liability.
Akyma is not liable for failure to monitor or edit messages sent over the services. Akyma does not endorse the content of users' communications and does not assume liability for any threatening, libelous, obscene, harassing or offensive material contained therein. The user is responsible for maintaining the confidentiality of user's passwords and for all activities which occur under user's account.

SHOPPING
In the event that a product you purchase from us is defective, please see our Return of Goods Policy or contact us. Except as expressly stated herein, we expressly disclaim all warranties, express or implied, of any kind with respect to products sold on the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that our sole and exclusive maximum liability arising from any product sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL WE, AKYMA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we retain the right to refuse or cancel any orders placed for such product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged.

COMMUNITY STANDARDS AND SUBMISSIONS You agree to defend, indemnify and hold Akyma, and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, AKYMA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU. AKYMA RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Rev. 10-30-2006