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© Auburn Pharmaceutical 2009 / Legal / Email us: customerservice@auburnpharm.com

AUBURN PHARMACEUTICAL

TERMS OF USE AND NOTICES

AGREEMENT BETWEEN USER AND AUBURN PHARMACEUTICAL

The AUBURN web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AUBURN web site constitutes your agreement to all such terms, conditions, and notices. Your use of the AUBURN web site may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”).

RETURN POLICY

Full credit will be given for shipping errors made by AUBURNand products damaged in transit, proved the error or damage is reported to AUBURN’s Customer Service Department within 72 hours of the receipt of the product. All returns must be authorized in advance. Please call AUBURN’s Customer Service Department at (800) 222-5609, ext. 223, to obtain a return authorization. A copy of the return authorization must be enclosed with the returned product. At AUBURN’s sole discretion, AUBURN may authorize and accept returns for reasons other than shipping error or damage as long as AUBURN determines, in its sole discretion, that the product is re-sellable. Credit for these returns will be given at the current market price of the returned product less a 25% handling charge.

Any unauthorized returns will not be processed for credit.

Returns will only be accepted for credit from the original purchaser. Credit will not be given for products that have been damaged, opened, labeled or marked on, except as required by law. Products sold as short-date or close-out are not returnable. Products that are stored improperly or exposed to fire or any other hazardous conditions are not returnable. Product recalls will be handled in accordance with the instructions provided by the manufacturer.

AUBURN reserves the right not to accept bulk returns, returns from inactive accounts with outstanding balances, or accounts in the process of closing or transferring ownership. AUBURN reserves the right to return or destroy products that are ineligible for credit or are sent without prior authorization.

Allow two to three weeks processing time for credit memos on authorized returns. Please do not deduct any amounts from your payment related to the returned products before receiving the credit memo.

CREDIT AND PAYMENT POLICY

Payment is due in accordance with the terms reflected on the invoice. AUBURN reserves the right to charge interest at the rate of 1.5% per month if payment is not made in a timely manner. AUBURN shall be entitled to recover attorneys’ fees and cost in connection with any collection efforts, including but not limited to litigation arising out of failure to pay your invoice or statement. AUBURN will credit your payment to the oldest invoice or statement unless your remittance document otherwise states the invoice being paid of the payment exactly matches a specific invoice or statement amount.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Use of the AUBURN web site requires you to open an account; you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then must choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account or password. You agree to notify AUBURN immediately of any unauthorized use of your account or any other breach of security. AUBURN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by AUBURN or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the expressed permission of the account holder. The AUBURN web site may be used by active accounts of AUBURN only.

MODIFICATION OF THESE TERMS OF USE

AUBURN reserves the right to change the terms, conditions, and notices under which the AUBURN web site is offered, including but not limited to the charges associated with the use of the AUBURN web site. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the AUBURN web site. Your continued use of the AUBURN web site constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

AUBURN reserves the right, in its sole discretion, to terminate your access to the AUBURN web site and the related services or any portion thereof at any time, without notice, for any reason.

NO SPAM; DAMAGES

AUBURN will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay AUBURN liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay AUBURN’s actual damages to the extent such actual damages can be reasonably calculated.