Legal Notice and Terms of Use

Teva Respiratory, LLC (“Teva Respiratory”) maintains these sites www.ProAirHFA.com and www.MyProAir.com, and www.ProAir.com (the “sites”) for your personal information, education, and communication. While you should feel free to browse these sites, please understand that your access to and use of these sites is subject to the following terms and conditions (“terms and conditions”) and all applicable laws. By accessing and browsing these sites, you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and Teva Respiratory concerning these sites are superseded to the extent they conflict with these terms and conditions. Your use of or linking to any content of these sites, except as provided in these terms and conditions, is strictly prohibited.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TEVA RESPIRATORY SITES.

By using these sites or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Teva Respiratory sites.

These sites are not intended for use by persons under the age of 13. By accessing and using these sites, you have indicated that you are at least 13 years old or older.

Note that special terms apply to some services, like rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Teva Respiratory sites and receipt of data, materials and information available at or through the Teva Respiratory sites, the possibility of our use or display of your Solicited Submissions.

Terms and Conditions

1. You should assume that everything you see or read on these sites is copyrighted and may not be used without the written permission of Teva Respiratory, except as provided in these terms and conditions or in the text on these sites. Teva Respiratory neither warrants nor represents that your use of material displayed on these sites will not infringe rights of third parties. Nothing contained on these sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Teva Respiratory intellectual property right (including, but not limited to any patent, trademark, trade name, copyright or trade secret).
2. You may download material displayed on these sites for non‐commercial, personal use only, provided you also retain all copyright and other proprietary notices contained in the materials or as specified on these sites. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of these sites, including the text, images, audio, and video, for public or commercial purposes.
3. When you access Teva Respiratory through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain features of these sites may be prohibited or restricted by your network provider and not all aspects of these sites may work with your network provider or device.
4. Images of people or places displayed on these sites are either the property of, or used with permission by, Teva Respiratory. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or as provided elsewhere on these sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are also advised that Teva Respiratory will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. The trademark logos and service marks displayed on the site (collectively the “trademarks”), including ProAir®HFA (albuterol sulfate) and ProAir® RespiClick, are registered and unregistered trademarks of Teva Respiratory and others. Nothing contained on these sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the written permission of Teva Respiratory or such third party that may own the trademarks.
6. Teva Respiratory has not reviewed all of the sites linked to these sites and is not responsible for the content of any off‐site pages or any other sites linked to these sites. Your linking to any other off‐site pages or other sites is at your own risk.
7. In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the Teva Respiratory sites.
   • There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Teva Respiratory sites for our review or display and possible specifically‐defined consideration or compensation (collectively, “Consideration“) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the Teva Respiratory sites for which you do not seek Consideration (as defined below). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. Our long‐standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Teva Respiratory sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
8. While Teva Respiratory uses reasonable efforts to include accurate and up‐to‐date information in these sites, Teva Respiratory makes no warranties or representations as to its accuracy. Teva Respiratory shall not be held responsible for any action taken that is based on the information presented on these sites, and all users of these sites agree that access and use of these sites is at the user’s own risk. Teva Respiratory assumes no liability or responsibility for any errors or omissions in the content of these sites.
9. Your use of and browsing of these sites are at your own risk. Neither Teva Respiratory nor any other party involved in creating, producing, hosting or delivering these sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, these sites or their contents. Without limiting the foregoing, everything on these sites is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10. Teva Respiratory also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in these sites or your downloading of any materials, data, text, images, video or audio from these sites.
11. Any communication or material you transmit to these sites by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Teva Respiratory or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Teva Respiratory is free to use any ideas, concepts, know‐how, or techniques contained in any communication you send to these sites for any purposes whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know‐how, or techniques. We also reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Teva Respiratory sites that violates these terms of use (including any rules of conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the rules of conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including sites. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
12. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Teva Respiratory sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. Teva Respiratory reserves the right, in its sole discretion, to terminate or block your access to these sites or to modify or remove any content from these sites at any time and without notice, for any reason.
14. Any failure by Teva Respiratory to exercise or enforce any right under these terms and conditions shall not constitute a waiver of such right. If any portion of these terms and conditions is held to be unenforceable, that portion shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions contained herein.
15. Teva Respiratory may at any time revise these terms and conditions including by modification, deletion and/or addition of any portion thereof of this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current terms and conditions to which you are bound. If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e‐mail at the last e‐mail address that you provided us, and/or by posting notice of such amendment on the sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e‐mail notice to you or our posting of notice of the changes on the sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e‐mail address. In the event that the last e‐mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e‐mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
16. Teva Respiratory maintains these sites as a service to the internet community. These sites have been designed to provide general information about Teva Respiratory and its products. These pages are not intended to provide investment or medical advice, nor do they provide instruction on the appropriate use of products manufactured for or sold by Teva Respiratory or products currently under development by Teva Respiratory, its affiliates, related companies, or its licensors or joint venture partners. Information on these sites regarding products approved for marketing is qualified in its entirety by reference to the full prescribing information for such products. Users of these sites should be aware that products under development described herein have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials.
17. You agree that any action at law or in equity arising out of or relating to these terms of use or the Teva Respiratory sites shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Neither you nor Teva Respiratory will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law. We make no representation that content on the Teva Respiratory sites is appropriate or available for use in any particular location. Those who choose to access the Teva Respiratory sites do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
18. If you choose to provide us with personal information about yourself, we will handle your information according to the terms of our Privacy Notice. Our Privacy Notice is incorporated by reference into these Terms.
19. Contact Teva Respiratory: If you have any questions about these terms and conditions, please contact us by e-mail at USSMLegalNotice@tevapharm.com or write to us:

Disclaimer

These sites are intended only to provide information about ProAir HFA and ProAir RespiClick drug therapy. These sites were intended specifically for individuals who are U.S. residents. This content has not been approved for non‐U.S. residents. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other healthcare provider. These web sites do not recommend the self‐management of health problems. Information obtained through these sites are not exhaustive and do not cover all ailments, physical conditions or their treatment. Should you have any healthcare‐related questions, please call or see your physician or other healthcare provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.

VISITORS TO WWW.PROAIRHFA.COM, WWW.MYPROAIR.COM and WWW.PROAIR.COM ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY TREATMENT. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health treatment.