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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.
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.
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