Terms of Use
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.
- Unless otherwise specified, this website is for your personal and noncommercial use
- Except as 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 its 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
- You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, displays, or transmission of the content of this website, without prior written permission of Chattem, is strictly prohibited
- Harassment in any manner or form on the website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Chattem employee, host, or representative or other members or visitors on the website is prohibited
- You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization
Intellectual Property
You acknowledge and agree that all content and material on this website (“Contents”), 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. The Contents are owned by Chattem, its affiliates, or other third parties from whom Chattem has licensed certain legal rights. 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.
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 ON 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.
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. You should not use the Contents of this website for diagnosing a health or fitness problem or disease, but should always consult a physician or medical advisor. 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 United States. Each claim or statement about effectiveness of Chattem products and/or each claim or statement comparing the effectiveness of Chattem products to the effectiveness of other products is expressly limited to the United States unless otherwise specified in the website. 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 and User Submissions
Any communications or information you transmit to this website by electronic mail or otherwise to Chattem shall be treated as non-confidential and non-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 any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Chattem can be used, reproduced, transmitted, disclosed, or published by Chattem or its affiliates without restriction or compensation.
Other Terms and Conditions
These Terms of Use, and the agreement they create, shall be interpreted in accordance with and 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.
Information We Collect
In general, we have designed this website to minimize the amount of personal information collected and request only the information that is required to ensure that visitors can effectively participate in our activities and events. No personal information is collected from visitors to this website unless you provide it to us voluntarily and knowingly. On this website, you may be able to enter contests, subscribe to services, or otherwise respond to certain offers and opportunities. In order to accomplish this, it may be necessary for you to voluntarily provide some of the following types of personally identifiable information: name, address, e-mail address, telephone number, fax number, and information about your interests and use of various products, programs, and services. We also may collect certain non-personally identifiable information when you visit one of our websites, as part of the standard operation of our server, by using Cookie Technology. This technology does not personally identify you or extract any information from your computer. Rather, Cookie Technology is used to provide an enhanced online experience, to measure and monitor the use of our website, and to improve its design and content. The information this technology collects may include: the name of your Internet service provider, the date and time you accessed the website, the Internet address of the website from which you enter our website and where you go after you leave our website. Data that would personally identify you is known only when voluntarily submitted.
How We Use Information
If you voluntarily provide us with any requested information, we generally use that information for internal purposes only. For example, we may use this information to communicate directly with you, such as to respond to your inquiries, to inform you when you have won one of our contests, or to offer you additional information about our products, programs, services, promotions, or offers that we believe may be of interest to you. Such responses will include information on how to opt out from receiving further information or services. Certain information we receive online may on occasion be combined with our other records to enhance our ability to market those products or services we believe may be of interest to you. We never sell, rent, or otherwise share any personal information we obtain with third parties, unless we have notified you at an e-mail address you provided that we intend to do so and have provided you with an opportunity to request that we not do so. We may have to disclose personally identifiable information in response to legal requests, for example court orders, subpoenas, or specific requests from law enforcement agencies. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this policy. We have, however, put in place appropriate physical, electronic, and administrative safeguards to help prevent the unauthorized access and use of the information we collect online.
Children's Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. Chattem encourages parents to use the internet with their children. To make a child's online experience safer, we recommend that parents teach children never to give personal information, unless supervised by a parent or a responsible adult.