TERMS OF USE & DISCLAIMERS

Welcome to the LowKey Web site. The information provided on this site is for general informational and educational purposes only. 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 the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

 

  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 LowKey's 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. LowKey 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. LowKey disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither LowKey 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 LowKey, its owners, 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. Third Party Web sites and Links. This Web site may contain links or references to other Web sites maintained by third parties over whom LowKey has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom LowKey has no control. LowKey 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 LowKey.
     

  5. 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 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.
     

  6. Forward Looking Statements. This Web site contains forward-looking statements about LowKey'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 LowKey products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of LowKey'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. LowKey assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
     

  7. 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 LowKey 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 LowKey shall have no obligation of any kind with respect to such information. LowKey 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.
     

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

  9. Copyrights. The entire contents of this Web site are subject to copyright protection. Copyright © 2002-2020 LowKey The contents of LowKey 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 LowKey. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of LowKey, or any third party.
     

  10. 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 Minnesota 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 Minnesota.
     

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

  12.  Responsibility for Use of the Internet and the LowKey websites. Use of the Internet and the LowKey websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. LowKey does not guarantee the confidentiality or security of any communication or other material transmitted to or from the LowKey websites over the Internet or other communication network. LowKey shall not be obligated to correct or update the LowKey websites, the LowKey Content or the User-Generated Content and the LowKey shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the LowKey websites.
     

  13. Medical Disclaimer. LowKey Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
     

  14. LowKey websites, including any public forums which you may access via the LowKey websites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
     

  15. Third Party Information and products. LowKey websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the LowKey websites are those of the respective third party and not of the LowKey or its affiliates. LowKey makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

18. Warranties Disclaimed. LowKey WEBSITES AND LowKey CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER LowKey, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "LowKey PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE LowKey WEBSITES OR LowKey CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE LowKey WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LowKey WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) LowKey CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE LowKey WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

19. Limitation of Liability. THE LowKey PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE LowKey WEBSITES AND/OR ANY LowKey CONTENT OR PRODUCTS; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE LowKey WEBSITES AND/OR LowKey CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE LowKey WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE LowKey WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LowKey WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE LowKey WEBSITES ARISING OUT OF CAUSES BEYOND THE LowKey's CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE LowKey CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE LowKey WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE LowKey WEBSITES OR LowKey CONTENT.

 

In the event you are dissatisfied with, or dispute, these Terms of Use, the LowKey websites and/or the LowKey Content, your sole right and exclusive remedy is to terminate your use of the LowKey websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the LowKey has no other obligation, liability or responsibility to you or any other party.

 

20. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND LowKey's LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the LowKey Parties from and against all claims arising from or in any way related to your use of the LowKey websites and/or LowKey Content, a violation by you of these Terms of Use, or any other actions connected with your use of the LowKey websites and/or LowKey Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. LowKey will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LowKey Parties other than under this Section.

 

22. Term and Termination. These Terms of Use will take effect at the time you begin using the LowKey websites. LowKey reserves the right, with or without notice, at any time and for any reason to deny you access to the LowKey websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the LowKey website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the LowKey websites, including any LowKey Content, in your possession.

 

23. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the LowKey websites, and iv) any products and services accessed or purchased through the LowKey websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. The LowKey reserves all rights and remedies available to it in law or equity.

 

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.

 

24. Governing Law. These Terms of Use and all matters regarding your use of the LowKey websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

 

25. Waiver and Severability. The failure of the LowKey to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

 

26. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the LowKey relating to the LowKey websites and its use by you, and supersedes any previous written or oral communication regarding use of the LowKey websites.

 

28. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the LowKey websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

 

29. Use of LowKey websites and LowKey Content outside of the United States. The LowKey makes no claims regarding access or use of the LowKey websites or the LowKey Content outside of the United States. If you use or access the LowKey websites or the LowKeyo Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

 

The author is not an attorney, medical professional, nutritionist, mechanic, or dietitian. Content on this website is for informational purposes only. It is not intended to substitute for legal or mechanical advice, or medical treatment or diagnosis, and is not monitored or evaluated by the Food and Drug Administration/FDA. LowKey does not provide medical advice. Consult your health care provider if you are experiencing any symptoms.

By using any or all of this information or products, you do so at your own risk. No warranties are expressed or implied. Any application of the material or products provided is at the reader’s discretion and is his or her sole responsibility.

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