Terms Of Use

Terms Of Use

Welcome to the Cramp911 web site.

The information provided on this site is for general informational and educational purposes only for

Cramp911, DelCorean, LLC.

Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to be bound to the Terms. If you do not agree to the Terms of Use, you may not access or use the site.  If you continue to access the Website and use the Services you will be deemed to have accepted the current Terms.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

1. Use of Web site. The information provided on this site is for general informational and educational purposes. Certain sections of this Web site are intended for particular audiences including Cramp911 employees, customers, and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the Web site is subject to this Terms of Use Agreement. By accessing and using this Web site, you accept, without limitation or qualification, this Terms of Use Agreement.

2. Content. Cramp911 will use reasonable efforts to include accurate and up-to-date information on this Web site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Web site and the content thereof is at your own risk. Cramp911 disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Cramp911 nor any party involved in creating, producing or delivering this Web 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 Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.

3. Indemnification. You agree to indemnify, defend and hold harmless Cramp911, 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 of Use.

4. Privacy. Cramp911 respects the privacy of its Web site users. Please refer to Cramp911’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Web site.

5. Third-Party Web sites and Links. This Web site may contain links or references to other Web sites maintained by third parties over whom Cramp911 has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over which Cramp911 has no control. Cramp911 makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web 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 Cramp911.

6. Medical Information. This Web site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for the advice provided by a doctor or other qualified health care professional. 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.

7. Forward-Looking Statements. This Web site contains forward-looking statements about Cramp911’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 Cramp911 products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of Cramp911’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. A further list and description of these and other risks, uncertainties, and other matters can be found in Cramp911’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available on this Web site and at www.sec.gov Cramp911 assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

8. Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on a Cramp911 Web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Cramp911 shall have no obligation of any kind with respect to such information. Cramp911 shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

9. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Cramp911, 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. Please be advised that Cramp911 actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

10. Copyrights. The entire contents of this Web site are subject to copyright protection. Copyright © 2002-2007 Cramp911 Inc. The contents of Cramp911 Web sites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Cramp911. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Cramp911, or any third party.

11. Void Where Prohibited. This Web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Web site is accessible to users outside of the U.S., the information pertaining to Cramp911 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 Cramp911’s various operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. Cramp911 reserves the right to limit the provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this Web site is void where prohibited.

12. Arbitration Agreement. This website and all pages within this website located at Cramp911.com (this “Site”) and DelCorean, LLC (“Company”) together provide website features and other products and services when you visit, shop or purchase from this site. This Arbitration Agreement affects your legal rights and remedies and provides that all disputes between you and Company must be resolved through, mandatory, binding arbitration as specified herein rather than through a lawsuit by any other means, except as otherwise provided. If you do not agree to the Arbitration Agreement, please do not use this Site or any company product.

13. Resolution of claims or disputes. Any claim or dispute between you and Company arising out of or relating in any way to the Product, the Site or this Agreement shall be resolved through final, binding arbitration. This mandatory arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and the Company acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and that you waive your right to have such claims or disputes resolved by a judge or jury. Notwithstanding the foregoing, you have the right to seek relief in small claims court for claims or disputes within the scope of small claims jurisdictional limits.

14. Limitation of legal remedies. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration, litigation or other proceeding brought by any other person.

15. Arbitration procedures.

A. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to the Company by sending a written complaint to Company, DelCorean, LLC, PO Box 382, Coopersburg, PA 18036, and allowing the Company the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.

B. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available at https://www.adr.org/Rules.

C. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of Pennsylvania, in the city of Allentown.

D. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who is independent and impartial. The exchange of information and timing of the arbitration shall be supervised by the arbitrator and shall be in accordance with procedures provided by the arbitrator.

E. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephonic hearing.

F. If you decide to commence an arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, The Company will reimburse you for any excess fee promptly after it receives notice of your arbitration.

16. Governing Laws. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of the United States of America and the State of Pennsylvania without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania.

17. 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. Cramp911 reserves the right to alter or delete materials from this Web site at any time at its discretion.

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