TERMS OF USE

Welcome to the NS Pharma, Inc. (“NS Pharma”) Web site (“Site”)! The information provided on this Site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site.

Acceptance of Agreement. Your access to and use of the NS Pharma is subject to the following terms of use (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and NS Pharma are superseded and of no force or effect with respect to your access and use of the Site. Any reference in these Terms of Use to “NS Pharma” refers, collectively, to NS Pharma, Inc., its parent company Nippon Shinyaku Co., Ltd. and all of its and their current and future subsidiaries and other affiliates.

Scope of Use. NS Pharma maintains the Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without NS Pharma's written permission. You understand that NS Pharma makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

No Medical Advice. This Site may contain general information relating to various medical conditions and their treatment. However, the Site does not provide medical advice. NS Pharma products are available only by prescription from a licensed health care professional. NS Pharma is not engaged in rendering medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a health care provider. If you desire or need such services or advice, you should promptly consult a physician or professional health care provider. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Product Information. The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided here is based on United States labeling and may not be appropriate outside of the United States.

Copyright Protection. You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of NS Pharma. NS Pharma neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NS Pharma.

Trademarks. The trademarks, trade names, logos and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of NS Pharma, its parent company Nippon Shinyaku Co., Ltd., and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of NS Pharma, Nippon Shinyaku Co., Ltd., or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that NS Pharma will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Indemnification. You agree to indemnify, defend and hold harmless NS Pharma, its parent company Nippon Shinyaku Co., Ltd., and its and their officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Exclusion of Warranty. While NS Pharma uses reasonable efforts to include accurate and up-to-date information in the Site, NS Pharma makes no warranties or representations as to its accuracy. NS Pharma assumes no liability or responsibility for any errors or omissions in the content of the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability. Your access to, use of and browsing in the Site are at your risk. Neither NS Pharma nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. NS Pharma assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images from the Site.

Prohibited Transmissions. Certain areas of the Site may enable you to access online forums and to submit e-mails, or otherwise provide feedback to NS Pharma. NS Pharma does not endorse, and specifically disclaims, any responsibility or liability for any content in these forums. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your access to or use of the Site.

Privacy. NS Pharma respects the privacy of its Site users. Please refer to NS Pharma’s Privacy Policy.

User Submissions. Any “personally identifiable information” in electronic communications to the Site is governed by NS Pharma's Privacy Policy. On the other hand, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by NS Pharma for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, NS Pharma is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and service using such ideas, concepts, know-how, processes, or techniques.

Third Party Web sites and Links. This Site may contain links or references to other sites maintained by third parties over whom NS Pharma has no control. NS Pharma has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom NS Pharma has no control. NS Pharma makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by NS Pharma. Once you link to another site, please be sure to review the legal notice and privacy policy of the new site. It may be different from those governing the Site.

Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to NS Pharma products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site links to other sites produced by NS Pharma's various operating departments and divisions and parent, which may outside the U.S. Those sites may have information that is appropriate only to that particular originating country. NS Pharma reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Site is void where prohibited.

Governing Law. This agreement and its performance shall be governed by the laws of the state of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York County, the state of New York, United States of America, in all questions and controversies arising out of your access to or use of the Site and this agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued.

Modification of Agreement. NS Pharma may, at any time, revise the Terms of Use governing the access and use of the Site. All revisions to these Terms of Use will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review the Terms of Use posted to the Site.

Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. NS Pharma reserves the right to alter or delete materials from this Site at any time at its discretion.

Forward Looking Statements. This Site contains forward-looking statements about NS Pharma's financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of NS Pharma products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of NS Pharma's patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. NS Pharma assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.