Last updated October 21, 2009

Welcome to the AccuDial Pharmaceutical, Inc. Web site. The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice to you. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or for fraudulent purposes.

Right to Change Sites
We reserve the right at any time, in our sole discretion, to: modify, suspend, or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, graphics, animations, photographs, video clips, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by AccuDial Pharmaceutical, Inc., and other trademarks appearing on the Site are the trademarks of AccuDial Pharmaceutical, Inc. and/or its subsidiaries.

The Site and the Contents are intended solely for personal, noncommercial use, in learning about AccuDial Pharmaceutical, Inc. and its products, and when applicable, purchasing its products. You may not download or copy the Contents, the Site, or any downloadable materials displayed on the Site without AccuDial Pharmaceutical, Inc.’s written consent. No right, title, or interest in any downloaded Content is transferred to you as a result of authorized or unauthorized downloading or copying from the Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote AccuDial Pharmaceutical, Inc.’s products and services available in the United States and Canada. The Site is controlled and operated by AccuDial Pharmaceutical, Inc. from its offices in Palm Beach Gardens, Florida. One or more patents may apply to the Site and/or AccuDial Pharmaceutical, Inc.’s products, including without limitation: U.S. Patent No. 6,276,533 and Canadian Patent No. 2,399,901, and other patents pending.

User Comments, Feedback, and Other Submissions
AccuDial Pharmaceutical, Inc. is pleased to hear from users and welcomes your comments regarding our products and services. AccuDial Pharmaceutical, Inc.’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by AccuDial Pharmaceutical, Inc.’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (e.g., contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), you agree that AccuDial Pharmaceutical, Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, any Comments that you forward to AccuDial Pharmaceutical, Inc. AccuDial Pharmaceutical, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. AccuDial Pharmaceutical, Inc. has the right, but not the obligation, to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead AccuDial Pharmaceutical, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. AccuDial Pharmaceutical, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Site
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Copyright Complaints
AccuDial Pharmaceutical, Inc. respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

	1.	An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
	2.	A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
	3.	Identification of the URL or other specific location on the Site where the material that you claim is being infringed is located;
	4.	Your address, telephone number, and e-mail address;
	5.	A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
	6.	A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached at:

AccuDial Pharmaceutical, Inc. Legal Department
11300 U.S. Highway One
Suite 202
Palm Beach Gardens, FL 33408
custserv@accuratedose.com

Product Information
Many products displayed on the Site are available in select Internet and store retailers in Canada and, in some cases, select foreign markets. The prices displayed on the Site are quoted in Canadian dollars.

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Site or cancel orders if any information on the Site is inaccurate, at any time without prior notice (including after you have submitted your order).

Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of AccuDial Pharmaceutical, Inc. AccuDial Pharmaceutical, Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.

Disclaimer
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property. AccuDial Pharmaceutical, Inc. expressly disclaims any duty to update or revise the materials and information on the Site, although AccuDial Pharmaceutical, Inc. may modify the materials and information at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. AccuDial Pharmaceutical, Inc. shall not be liable to you for any damages of any kind related to your use of the Site.

Indemnification
You agree to defend, indemnify, and hold AccuDial Pharmaceutical, Inc. harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and AccuDial Pharmaceutical, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class mail or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

	1.	To AccuDial Pharmaceutical, Inc. Legal Department, 11300 U.S. Highway One, Suite 202, Palm Beach Gardens, FL 33408, or
	2.	To you at: your last used billing address or the billing and/or shipping address in your online profile.

Both you and AccuDial Pharmaceutical, Inc. agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law
This Agreement shall be construed in accordance with the laws of the state of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the state of Florida, county of Palm Beach in either the Circuit Court of the Fifteenth Judicial District of the state of Florida or the U.S. District Court for the Southern District of Florida. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of AccuDial Pharmaceutical, Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us and you relating to your use of the Site.

Termination
These terms are effective unless and until terminated by either you or AccuDial Pharmaceutical, Inc. You may terminate this Agreement at any time. AccuDial Pharmaceutical, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site if, in our sole judgment, you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.