Terms and conditions of use

1. General rules for browsing the Website.

Access to and browsing of the Website, as well as the consultation, downloading and any form of use of the Website’s Content, are subject to the conditions set forth in this electronic document (hereinafter, collectively, “Terms and Conditions” or, individually, “Term or Condition”) and to current legislation, as applicable. 

2. Acceptance of the Terms and Conditions.

Access to and browsing of this Website unequivocally imply unconditional acceptance by Users of all the Terms and Conditions prescribed in this electronic document, in the most up-to-date text published by Fidia, which the latter reserves the right to modify from time to time and which supersedes and prevails over any other previous version, and of any other specific condition which, where provided for on any page of the Website, is to be understood to be fully incorporated in these Terms and Conditions, as well as of any and all current provisions of applicable legislation. 

Should Fidia consider any conduct by Users to be a violation of the Terms and Conditions, Fidia reserves the right to take any action it deems appropriate, at its discretion, against such Users without prior notice. Fidia expressly reserves the right to terminate the license to access the Restricted Areas of the Website, where present, and to the respective Contents, to Users responsible for the violation and also to remove any information, program and/or material posted on the Website by said Users. It is understood that Fidia shall not accept any liability resulting from the conduct of Users and this without prejudice to all the rights of the Company, including compensation for all damages which might be incurred. 

3. Limitations to Fidia’s liability for the Website’s Content

The Website Content consists of information about the Company, as well as information relating to the research and development activities conducted and the products and services offered.  

The information and declarations relating to Fidia shall be expressly identified as such by appropriate declarations of liability, whenever these are meant by Fidia to be an expression of the company’s position on any specific matter. Any other information or declaration not specifically authorised by Fidia is not attributable to the Company and does not express its official position. 

Fidia also expressly warns Users, who acknowledge and recognise that the Website’s Content and that of linked websites are for informational purposes only. None of such Content may in any way be attributed the value and meaning of medical, diagnostic and/or therapeutic indications or prescriptions, replacing the relationship of trust between patient and doctor. Fidia invites Users to discuss the Content and any type of information concerning health, as well as any medical-scientific, clinical and therapeutic services and/or advice, diagnosis, prognosis and treatment of diseases, symptoms, side effects and adverse events with their doctor. 

Information relating to medical products which require a prescription, where present, is exclusively available in specific Restricted Areas of the Website, which, in accordance with the provisions and the applicable reference legislation, are restricted to Healthcare Professionals only. 

Fidia has prepared the Website’s Content to the best of its current knowledge and undertakes to ensure its accuracy and updating with continuity, but does not accept any liability in relation to any inaccuracies, inconsistencies, incompleteness, inadequacies, errors or untimely updating of the same.  

Fidia reserves the right to make changes at any time and without prior notice to its products and services and to suspend or withdraw them from the market of any country worldwide at any time, as well as to make, at any time and without prior notice, changes, corrections and improvements to any element of the Content on the Website.  

It is the responsibility of Users to periodically consult the Website, consciously assess every element of the Content, their attributability to Fidia and any updates to the Website. 

Users acknowledge that access to and browsing of the Website, as well as use of the information constituting the Content, are under their sole responsibility. 

Neither Fidia, nor any third party involved in the creation, production and publication of the Website, or any other site linked to the same, may be held liable in any way, neither for any direct, incidental, consequential or indirect damage resulting from access, use or non-use of the Website or any other website linked to the same.  

The Website and the Content may be browsed and consulted only by persons over the age indicated in applicable local legislation. Under no circumstances will any requests from persons below this age be taken into account, nor will any response be provided. 

4. Limitations to Fidia’s liability for the Website’s cyber security.

No liability may be attributed to Fidia for effects caused by viruses, spyware or other harmful programs that are not detected and deactivated by the security software of the Website or as a result of accessing or browsing the Website or downloading materials, data, text, images or video or audio content from the Website or using any part of the Website’s Content. Fidia reserves the right to interrupt or suspend the operation of the Website at any time without incurring any liability on its part, whether the interruption or suspension is the result of actions or omissions of Fidia or of third parties. 

5. Limitations to Fidia’s liability for the Internal and External Links. Opt–in.

Fidia reserves the right to include links (hereinafter “Links”) in the Website, in both the Public Area as well as the Restricted Areas, where present, that redirect Users to other pages of the Website (hereinafter “Internal Links”) or, possibly, to the websites of other Fidia Group Companies (also these links are considered, pursuant to and for the purposes of these Terms and Conditions, as Internal Links) or, finally, also to third party websites (hereinafter “External Links”) whose Content is considered by Fidia, at its sole discretion, to be of interest to Users.  

With regard to the Internal Links, Fidia’s policy prohibits the communication of Content by Fidia itself through computer programs that can be activated while browsing the Website without the consent of Users, where necessary according to applicable legislation.  

With regard to External Links, Fidia’s communication policy prohibits insertion on the Website of links to secondary pages of third-party websites other than the home page (hereinafter “deep links”), since the Content published in such secondary pages is the property of the owners of the linked websites. External Links are provided to Users of the Website for their mere convenience. Fidia cannot control that contained in External Links. Consequently, Fidia expressly does not accept any liability in any way connected with the Content published on said websites and with the cyber security of browsing the same. Users acknowledge that Fidia shall in no way be liable for the availability or Content of the websites to which External Links redirect, nor shall it be directly or indirectly liable for damages resulting from use of the Content provided by such websites. Users access these websites at their own risk and therefore in accessing them they acknowledge that this is done at their own will and under their own responsibility. Browsing websites linked to the Website via External Links is subject to the rules established by their respective owners. Fidia expressly warns Users that, by activating External Links, they interrupt browsing of the Website by their own free choice and without any constraint.

6. Copyright and other intellectual property rights on Content and third party information.

Without an express and specific declaration in writing by Fidia, the Content published on the Website is protected, as regards its use, reproduction and total or partial distribution, under intellectual property rights (patents, register and/or de facto trademarks, copyright and neighbouring rights, including but not limited to rights on software, source code, object code, graphical interfaces, API and databases, and other similar rights) that vest exclusively in Fidia Group Companies. The registered and unregistered trademarks, distinctive signs, logos and company names depicted on the Web Site are exclusively owned by and/or licensed to the Fidia Group Companies and shall not be used and/or exploited by Users without Fidia Group Companies prior written authorization. The Content may be used by Users only in accordance with current legislation and the Terms and Conditions and, therefore, in the absence of the explicit authorisation of said Companies, the Content may not be copied, reproduced, disseminated, forwarded and/or transmitted, even partially, in any way, on any medium or by any means. Fidia expressly warns Users that any reproduction, even partial, of the Content of the Website, on another website or web server shall be prosecuted in accordance with civil and criminal laws. Website Users are not granted any right of economic exploitation of the Content belonging to Fidia Group Companies or of data, information and materials of third parties included on the Website, neither with reference to trademarks, patents, technologies, products or processes nor to any other intellectual property rights of Fidia Group Companies or of third parties referred to on the Website. Without prejudice to restrictions specifically applicable to individual Content based on specific declarations made on the Website, said companies grant Users a license to view, download and print Content solely for personal use. Users shall nevertheless not remove from the downloaded or printed Content any reference to intellectual property rights of Group Companies on such Content. The separation of parts or sections of the Content of this Website and/or their reproduction on websites operated by third parties extraneous to the Fidia Group Companies is prohibited. In the absence of the explicit authorisation of said Companies, it is also forbidden to use the content of this Website for purposes that are not strictly personal. Users undertake to hold group companies Fidia Group Companies harmless from all claims, damages, liability, legal proceedings and from any other negative consequences deriving from violation of legislation relating to third party rights such as, but not limited to, copyrights and neighbouring rights, trademarks, patents, intellectual and industrial property rights, unfair competition and defamation, for which Users are responsible while browsing the Website and in the use of the Content. Fidia Group Companies shall not accept any warranty or liability for any violations of third party rights resulting from any use of the Website’s Content by Users which is illegal, contrary to the Terms and Conditions or otherwise improper. Without prejudice to the rules for the protection of confidentiality of Users’ personal data and any contrary agreements, all information and materials, information and materials sent to or posted on the Website by Users by e-mail or any other means, shall be treated by Fidia Group Companies as non-confidential information not protected by professional or industrial secrecy or by any obligation of legal or contractual secrecy, unless otherwise provided for by said Fidia Group Companies. Without prejudice to any legal prohibition or specific agreement subsequently concluded between Fidia Group Companies and Users, with the operations of sending and/or forwarding to the Website, Users grant, and Fidia Group Companies acquire, every right and title, including any and all intellectual property right, on all data, information, Content and materials sent or forwarded to the Website, with every broader right of use and exploitation by Fidia Group Companies including, but not limited to, reproduction, transmission, publication, also in telematic form, and sending or forwarding to personnel of Fidia group Companies and/or to third parties. Users also acknowledge Fidia Group Companies all rights of use and economic exploitation of any information, data, ideas, concepts, know-how or technical solutions contained in the communications received through the Website for any purpose, including, but not limited to, the development, production, promotion and marketing of products and/or services based on such information. 

7. Final provisions.

Should one of the Terms and Conditions contained in this electronic document be considered null, void or ineffective, since contrary to certain applicable mandatory legislation, this Term or Condition shall be interpreted and applied in the sense that it complies with such mandatory legislation while at the same time deviating as little as possible from the common intention of the parties, as expressed in the text of the disapplied Term or Condition. Should this not be possible, the Term or Condition in question shall be wholly or partially disapplied, in favour of the mandatory legislation applicable to the case in point. Any disapplication of one or more of the Terms and Conditions of this document shall not imply the disapplication of the other Terms and Conditions. These Terms of Use shall be governed by the laws of the State of New Jersey and claims shall be determined in the state and federal courts of the State of New Jersey, U.S.A.
By accessing the Website, Users acknowledge that they accept, for all disputes in any way related to access to and browsing of any page and/or Area of the Website and/or use, in any form, of the Content published therein, and/or to the interpretation and application of the Terms and Conditions, the application of the above-mentioned laws and courts, all without prejudice to the provisions of local reference legislation on consumer protection, where applicable. Users acknowledge the printed version of this electronic document and any communication coming from Fidia and transmitted electronically or published on the Website as admissible written proof, pursuant to applicable reference legislation, in any legal or administrative proceedings. Fidia reserves the exclusive right of ownership and exercise of all rights that are not expressly attributed to Users by the Terms and Conditions set forth in this electronic document.