Terms of Use

Your Acceptance of these Terms of Use

Please read these terms of use carefully before using this website (arcutis.ca) as they represent a binding agreement between each user of our website (“you” or “your”) and Arcutis Canada, Inc. (referred to as “Arcutis”, “we”, “us” or “our”).

If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website. If you are using our website on behalf of an organization, you represent that you have the authority to bind that organization to these terms, in which case “you” or “your” will refer to such organization. If you do not have such authority, or if you do not agree with these terms, you must not access or use our website.

You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. 

Eligibility to Use the Website

You hereby represent and warrant that, and you will use our website only if, at the time of use, you: (i) are at least the legal age of majority in your jurisdiction; and (ii) can lawfully enter into and form contracts in accordance with applicable local laws.

Use of Our Website

The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Any reference to products or services on the website does not imply that we intend to announce or offer those products or services in your country.

Arcutis grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for informational purposes only, and in compliance with all applicable laws.

Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license. Arcutis, in its sole discretion, may also terminate or suspend your license to use the website for any reason or no reason, with or without notice to you.

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Arcutis is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.

All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.

Our Services

Arcutis’ website offers information and resources for healthcare professionals, patients, and the general public regarding dermatological research and products. 

Trademark and Copyright Information

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions, in addition to trademark and other intellectual property rights. Any download, publication, transmission, reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Arcutis.

You may not frame the Content of the website or use metatags or any other “hidden text” that incorporates our trademarks or our name without our express written consent. You further agree not to reproduce, duplicate or copy Content from our website without the express written consent of Arcutis, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Arcutis’ prior written approval. Notwithstanding the foregoing, you may link to the home page of the website as long as the link does not cast us in a false or misleading light or suggest or imply that you own or are the author of Content on the website or that you have a relationship with us.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

Your Feedback and Usage Information

You grant to Arcutis and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.

Your Conduct

In your dealings with us, including to the extent that our website permits you to email or otherwise make available Content (including to Arcutis and its personnel), you agree not to email or otherwise make available Content that:

1. is unlawful;
2. includes personal or identifying information about another person without that person’s explicit consent;
3. impersonates any person or entity, including, but not limited to, an Arcutis employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4. involves, provides, or contributes any false, inaccurate, or misleading information;
5. is harmful, threatening, abusive, harassing, defamatory, or pornographic;
6. harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, such determination to be made in Arcutis’ sole discretion;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
9. employs misleading email addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of content transmitted through our website.

You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Arcutis or any other person as a result of your submission of any information on or through our website, including violations of any third-party intellectual property rights in any of your Content.

You agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the website or that could cause injury to yourself, to us, or to anyone else. You also agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy the website or the Content contained therein without our prior express consent (except to facilitate the creation of public search engines that catalog publicly accessible portions of the website). You agree not to send messages through, or collect information from, our servers or networks except when we expressly authorize you to do so.

Information Disclaimer, No Recommendation

We provide information about certain corporate activities and events as a convenience to you, but we do not guarantee the completeness or accuracy of the information provided on the Site, and we do not guarantee that all information we disclose will be provided on this Site. The Site may contain certain forward-looking statements based on current expectations, forecasts, and assumptions that involve risks and uncertainties. These statements are based on information available to us as of the date hereof, and our actual results could differ materially from those stated or implied, due to risks and uncertainties associated with our business.

The information on this Site is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. We do not represent that the information provided here is applicable to your particular medical condition and do not intend the Site to be used for the purpose of medical treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment.

Disclaimer Regarding Third-Party Content

Our website may offer access to third-party websites and content available over the Internet. Arcutis generally exercises no control over such third-party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third-party websites. Inclusion of a link to third-party content does not imply endorsement by Arcutis of such content. You further agree that Arcutis shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third-party websites or content.

Disclaimer of Warranties and Liability

OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Arcutis does not warrant the accuracy or completeness of the Content. We make no representation or warranty that the information or functions contained at this website will operate error free or in an uninterrupted fashion, that defects will be corrected, or that the website, its server, or any files or information that you download from the website will be secure and/or free of malicious code. Arcutis and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of ten Canadian Dollars; or (ii) special, indirect, incidental, or consequential damages, or for lost revenues, lost profits, business interruption, loss of information or programs or other data on your information handling system which may result from the use of or the inability to use the Content, our website, or any linked website, even if we are expressly advised of the possibility of such damages. As noted above, Arcutis may make changes to our website at any time without notice. However, Arcutis makes no commitment to update the information contained herein.

Indemnity

You agree to indemnify and hold Arcutis and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers (the “Indemnified Parties”), harmless from any and all claims, damages, losses, liabilities, costs of debt, expenses or demands, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person (including without limitation any copyright, property, or privacy right, or claims for negligence or gross negligence).

You further agree to provide all requested assistance to the Indemnified Parties in defending or prosecuting any legal action covered by this indemnification. This defense and indemnification obligation will survive any termination of these terms of use.

Independent Relationship

Nothing in these terms of use shall be construed as forming a partnership or joint venture between Arcutis and you. Neither party to these terms of use will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that Arcutis is acting independently from you, and that Arcutis will not be deemed, under any circumstances, to be your employee or agent for any purpose.

General Matters

These terms of use constitute the entire agreement between you and Arcutis regarding your use of our website, superseding any prior agreements between you and Arcutis. These terms of use and the relationship between you and Arcutis shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Arcutis agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Arcutis to exercise or enforce any right or provision of 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, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under these terms of use. Arcutis may assign any of its rights or obligations under these terms of use any time without notice to you. These terms of use will be binding on, inure to the benefit of, and be enforceable against Arcutis and its respective successors and assigns.