Effective: July 1, 2023
Sumitomo Pharma America Sites are intended for lawful use by U.S. adults only. You may use our web site only if you can form a legally binding contract. Submission of information through this website by anyone under the age of 13 is strictly prohibited. All information provided on Sumitomo Pharma America Sites is for general informational and educational purposes only. Certain sections of Sumitomo Pharma America Sites, or certain Sumitomo Pharma America Sites, may be intended for use by healthcare professionals only. In those cases, healthcare professionals will be asked to self-identify before proceeding to such pages or Sites.
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Third Party Web Sites and Links
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Sumitomo Pharma America, Inc.
Attn: Customer Assistance Center
84 Waterford Drive
Marlborough, MA 01752
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In jurisdictions that do not recognize exclusion of implied warranties, the above exclusions may not apply. This exclusion applies in New Jersey.
LIMITATION OF LIABILITY
Sumitomo Pharma America SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY INFORMATION PROVIDED ON OUR SITES. IN NO EVENT WILL Sumitomo Pharma America, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE.
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "Sumitomo Pharma America" INCLUDES NOT ONLY Sumitomo Pharma America BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
IN NO EVENT SHALL Sumitomo Pharma America BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER Sumitomo Pharma America WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (A) TO THE BODY OR PERSON; OR (B) CAUSED BY Sumitomo Pharma America’ WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST Sumitomo Pharma America MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
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