Terms and Conditions

Privacy Notice Last Updated: October 2019

Welcome to This Is Pain (the “Site”). The information on the Site is provided by BioDelivery Sciences International, Inc. (“BDSI”) for general informational and educational purposes only. Please read and review these Terms and Conditions carefully before accessing or using this Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Site.

1. ACCEPTANCE OF TERMS AND CONDITIONS

Your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and using this Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements regarding the use of this Site between you and BDSI are superseded and of no force or effect.

2. USE OF INFORMATION ON THIS SITE

You are free to access and use this Site, however, you may only access, download or use the information on the Site, for your own personal use. Displaying, distributing, modifying, reproducing, reposting, or otherwise using any of the information contained on or downloaded from the Site for any commercial purpose is strictly prohibited. If you do download or copy any information, documents or forms from the Site, any and all copyright notices or other proprietary rights notices contained therein shall be retained. You should assume that everything on this Site is copyrighted unless otherwise noted and may only be used in accordance with these Terms and Conditions or with the written permission of BDSI. Except for the foregoing limited authorization, nothing contained herein shall be construed as granting or conferring any license or right to any information contained on this Site or any copyright or trademark of BDSI or any other party. BDSI does not represent or warrant that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with BDSI.

3. SHARING YOUR STORY WITH THIS IS PAIN

You may choose to provide a personal story about your experience with chronic pain (“Your Story”) along with certain personally identifiable information (e.g. first and last name, date of birth, zip code, and contact information) for the purpose of sharing Your Story on the Site. When providing Your Story, you may only share content owned by you or content for which you have received express permission from the owner to share, and you hereby assign to BDSI and its agents a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, or otherwise use in any way at BDSI’s and its agent’s discretion and to sublicense third parties Your Story without compensation to you. You represent and warrant that you are authorized to grant all rights and license in the preceding sentence and that the exercise by BDSI and its agents of the rights under the above license shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). By submitting Your Story to This Is Pain, BDSI does not guarantee that Your Story will be shared on This Is Pain. BDSI reserves the right to review Your Story for appropriateness and share only personal stories that BDSI, in its sole discretion, deems appropriate for sharing on This Is Pain. As part of this review, you may be contacted by BDSI or its agents. BDSI will remove any personal stories that are submitted which violate these Terms and Conditions.

If you choose to share Your Story with BDSI for publication on the Site, any personally identifiable information that you provide will be subject to the Privacy Policy described below.

4. PRIVACY POLICY

BDSI respects the information that you provide through the Site. Please review our Privacy Policy (the “Privacy Policy”) which explains how we collect and use such information.

5. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BDSI, its 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 and Conditions.

6. DISCLAIMER OF WARRANTIES

BDSI will use reasonable efforts to include accurate and up-to-date information on this Site but makes no representations or warranties of any kind as to its accuracy, currency or completeness. All information on this Site is provided “as-is,” and you agree that access to and use of this Site and the content therein is at your own risk. BDSI disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither BDSI nor any party involved in the creation, delivery, or production of this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. BDSI assumes no responsibility and shall not be liable for any damage to, or virus that infects, your computer or other equipment or property due to your use or access to the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

7. MEDICAL INFORMATION, CONDITIONS, AND TREATMENT

The Site may contain general information related to medical conditions and their treatment. The information is provided by BDSI for educational and informational purposes only and is not intended to provide complete medical information or be used as a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information on the Site for diagnosing a medical condition. Should you have a medical condition, you should consult with a medical doctor or healthcare provider. Neither BDSI nor this site offers personalized medical diagnosis or patient-specific treatment advice.

8. TRADEMARKS AND PROPRIETARY RIGHTS

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of BDSI, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. The Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of BDSI and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of BDSI and/or other parties is granted to or conferred upon you.

The Site may contain trademarks, trade names and brand names belonging to third-parties. BDSI claims no ownership in, nor any affiliation with, any third-party trademarks, trade names and brand names appearing on this Site. Such third-party trademarks, trade names and brand names are used solely to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of BDSI should be inferred.

9. NONCONFIDENTIALITY

Any feedback such as questions, comments, suggestions or the like regarding the content of the Site or the documents or forms contained therein shall be deemed non-confidential information. BDSI shall owe no obligation to maintain the confidentiality of such feedback and shall be free to reproduce, use, disclose and distribute to others without limitation.

10. LINKS TO THIRD-PARTY WEBSITES

For the interest or convenience of visitors to this Site, you may find links to websites that are maintained by a third-party over whom BDSI has no control. These links are in no way an endorsement by BDSI of those third-party websites. BDSI will try to inform you when you are leaving this Site that the terms and conditions of use of the third-party website may be different from this Site. BDSI accepts no liability for the accuracy or legality of the content on any third-party websites and accepts no liability regarding the third party’s privacy practices.

11. GOVERNING LAWS AND DISPUTE RESOLUTION

These Terms and Conditions and your use of the Site shall be governed by the laws of the United States of America and the State of North Carolina without regard to its conflicts of laws principles. All disputes, controversies, and claims arising from your use of the Site or these Terms and Conditions must be settled by arbitration in Raleigh, North Carolina, USA and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. MISCELLANEOUS

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

13. CONTACT US

If you have questions or comments about these Terms and Conditions, or if you would like to request to exercise any individual rights, please contact us by email at ThisIsPain@bdsi.com.