Terms of Use

Last Updated: September 13, 2022


Your access to Osmotica.com is subject to the following Terms and Conditions. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), your sole and exclusive remedy is to discontinue using this site.



Your Obligations


1. You agree not to attempt to circumvent any security features of our Web site.

2. You acknowledge and agree to Osmotica Pharmaceuticals’ Privacy Policy posted on this site with respect to any information Osmotica Pharmaceuticals obtains as a result of your visit to this Web site.

3. Osmotica Pharmaceuticals, subject to its Privacy Policy, shall be free to use such information for the research, development, and manufacture of products. The sender of any information to Osmotica Pharmaceuticals is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.



Product Labeling — Use of Products


Unless otherwise noted, product names, descriptions, and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different product name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professional. No director, employee, agent, or representative of Osmotica Pharmaceuticals, its subsidiaries, and affiliates is engaged in rendering medical advice, diagnosis, treatment, or other medical services, that in any way create a physician-patient or pharmacist-patient relationship through this Web site. Osmotica Pharmaceuticals only manufactures and/or distributes products, and you should contact your healthcare professional concerning the use of any of our products. Your healthcare professional will understand your medical history, current condition and possible therapies, and can best decide whether our products can be appropriately incorporated within your therapy.



Intellectual Property — Copyright


The information, documents, and related graphics published in this Web site (the “Information”) are the sole property of Osmotica Pharmaceuticals, except for information provided by third-party providers under contract to Osmotica Pharmaceuticals, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the copyright notice of Osmotica Pharmaceuticals appears on all copies; (2) use of the Information is for informational and non-commercial, or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Web site are used separate from accompanying text. Osmotica Pharmaceuticals is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Osmotica Pharmaceuticals.

No use of any Osmotica Pharmaceuticals trademark, trade names, trade dress and logos in this Web site may be made without the prior written authorization of Osmotica Pharmaceuticals, except to identify the product or services of the company.



Product Disclaimers


1. Although we strive to provide on this Web site accurate information, the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Web site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Osmotica Pharmaceuticals reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

2. The Federal Drug Administration (the “FDA”) has not required that Osmotica Pharmaceuticals’ products be approved or tested or rated for therapeutic or biological equivalence with any other products. Osmotica Pharmaceuticals’ products are not the subject of FDA approval. Even when products are labeled or described as containing the same active ingredients, they may be subject to different potency specifications and may contain different inactive ingredients. Any reference in a description of a product or on the label of a product to “brand comparison” or other comparative or “generic” language means that based on the active ingredients in such product, it competes with the specified brand names and NDC numbers. However, all prescription substitutions and/or recommendations for use of such Osmotica Pharmaceuticals product must be made in accordance with applicable federal and state law.

3. OSMOTICA PHARMACEUTICALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE OR ITS PRODUCTS. OSMOTICA PHARMACEUTICALS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. OSMOTICA PHARMACEUTICALS DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT ANY OF ITS PRODUCTS IS THE PHARMACEUTICAL OR BIOLOGICAL EQUIVALENT OF ANY OTHER PRODUCT. IN NO EVENT SHALL OSMOTICA PHARMACEUTICALS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEB SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER OSMOTICA PHARMACEUTICALS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.Some states do not allow certain limitations on implied warranties, and so the above limitation may not apply to you.

4. Osmotica Pharmaceuticals is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, Osmotica Pharmaceuticals will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by Osmotica Pharmaceuticals.

5. This Web site may contain statements concerning Osmotica Pharmaceuticals’ research and anticipated future products. Such research and product development involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Osmotica Pharmaceuticals intends to update this site on a regular basis but assumes no obligation to update any of the content.



Limitation of Liability


Osmotica Pharmaceuticals disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon. IN NO EVENT SHALL OSMOTICA PHARMACEUTICALS, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “OSMOTICA PHARMACEUTICALS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY OSMOTICA PHARMACEUTICALS AND WHETHER OR NOT OSMOTICA PHARMACEUTICALS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some states do not allow the limitation of liability, so this provision may not apply to you.



General


You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. The terms “we”, “us”, “our”, “Osmotica Pharmaceuticals”, and similar terms mean and include Osmotica Pharmaceuticals, LLC and its affiliates and subsidiaries. Osmotica Pharmaceuticals has its headquarters in Georgia and maintains this Web site from Georgia. The laws of the State of Georgia will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. Any claim or cause of action relating to this Web site or the content herein may be brought only in the state and federal courts located in Fulton County, Georgia and you agree to submit to the personal jurisdiction of such courts and waive any objection in the nature of forum inconveniens to such courts. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.



Effective Date


These Terms and Conditions are effectives as of September 13, 2022

Brian Markison, Chairman of the Board and Chief Executive Officer

Brian Markison has served as Chairman of the Board and Chief Executive Officer of Osmotica since 2016. Mr. Markison is a healthcare industry veteran, with more than 30 years of operational, marketing, commercial development and sales experience with international pharmaceutical companies. He has served as an advisor to Avista Capital Partners since September 2012. He previously served as the President, Chief Executive Officer and board member of Fougera Pharmaceuticals, Inc., a dermatology-focused specialty pharmaceutical company sold to Sandoz Ltd., the generics division of Novartis AG. Before leading Fougera, Mr. Markison was Chairman and Chief Executive Officer of King Pharmaceuticals, Inc., which he joined as Chief Operating Officer in March 2004. He was promoted to President and Chief Executive Officer later that year and elected Chairman in 2007. Prior to joining King Pharmaceuticals, Inc., Mr. Markison held various senior leadership positions at Bristol-Myers Squibb. He serves as Chairman of the Board of Lantheus Holdings, Inc. and is on the board of directors of Avista Healthcare Public Acquisition Corp., National Spine and Pain Centers, LLC and Braeburn Pharmaceuticals, Inc. He is also a Director of the College of New Jersey.

James Schaub, Executive Vice President and Chief Operating Officer

James Schaub has served as our Executive Vice President and Chief Operating Officer since 2016. Mr. Schaub previously served as Chief Operating Officer of Trigen Laboratories and as Vice President of M&A at Fougera Pharmaceuticals, Inc. He also held several commercial roles of increasing responsibility at King Pharmaceuticals, Inc. Mr. Schaub is a graduate of Middlebury College and holds an M.B.A. from Rutgers Business School.

Andrew Einhorn, Chief Financial Officer

Andrew Einhorn joined as Chief Financial Officer in September 2017. Mr. Einhorn has more than 15 years of experience in the pharmaceutical industry. Mr. Einhorn previously served as the Chief Financial Officer of Edge Therapeutics, Inc., a clinical-stage biotechnology company that he joined as Executive Vice President of Corporate Development in 2013. Prior to that, he was a co-founder, Executive Vice President and Chief Financial Officer at Oceana Therapeutics, Inc. Previously, Mr. Einhorn was a co-founder and Chief Financial Officer of both Esprit Pharma, Inc. and ESP Pharma, Inc. Mr. Einhorn is licensed as a Certified Public Accountant in the State of New Jersey and holds a B.S. in Finance and Accounting from American University.

Christopher Klein, General Counsel and Secretary

Christopher Klein has served as our General Counsel and Secretary since December 2013. Mr. Klein previously served as the General Counsel of Fougera Pharmaceuticals, Inc. and as Deputy General Counsel at King Pharmaceuticals, Inc. Mr. Klein spent six years in senior legal roles with Bristol-Myers Squibb Company. Mr. Klein holds a B.A. in Biology from Adelphi University, an M.A. in Education from Columbia University and a J.D. from Fordham University.

Tina deVries, Ph.D., Executive Vice President, Research and Development

Tina deVries, Ph.D. became our Executive Vice President, Research & Development in May 2016. Dr. deVries most recently served as the Principal of TM deVries Consulting, LLC. She was previously Vice President of Nonclinical and Clinical Pharmacology at Actavis plc following its 2013 acquisition of Warner Chilcott plc where she served as the Vice President of Clinical Pharmacology. Dr. deVries holds a B.S. in Pharmacy and a Ph.D. in Pharmaceutics and Pharmaceutical Chemistry from The Ohio State University.

Lynn Palmer, Senior Vice President, Technical Operations

Lynn Palmer has served as our Senior Vice-President, Technical Operations since June 2017. Prior to that, he served as Vice-President, Manufacturing from February of 2016. Before Osmotica, Mr. Palmer served as Executive-Vice-President, Engineering at King Pharmaceuticals for six years. Previously Mr. Palmer led Engineering at Mallinckrodt Inc. (a division of Tyco Healthcare), and served as Vice-President, Production at Inbrand Corporation. Prior to Inbrand, he served in progressive manufacturing management roles at Kimberly-Clark Corporation from 1982-1996. Mr. Palmer holds a Bachelor of Applied Science in Paper Science and Engineering from Miami University.

Jarret Miller, Executive Vice President, Human Resources

Jarret Miller has served as our Executive Vice President, Human Resources since January 2016. Mr. Miller has more than 20 years of Human Resources experience in various roles of increasing responsibility. He previously served as the Head of Human Resources Operations and Services for the Americas at Teva Pharmaceuticals, Inc. Prior to that, he held the positions of Vice President, Human Resources at ConvaTec, Inc. and Senior Vice President, Human Resources at King Pharmaceuticals, Inc. Mr. Miller holds a B.S. in Statistics and Biometry from Cornell University.

David Burgstahler

David Burgstahler has been a director since 2016. Mr. Burgstahler is the President and Co-Managing Partner of Avista Capital Partners and is the Chief Executive Officer of Avista Healthcare Public Acquisition Corp. Mr. Burgstahler was a founding partner of Avista Capital Partners in 2005 and since 2009, has been President of Avista Capital Partners. Prior to forming Avista Capital Partners, Mr. Burgstahler was a partner of DLJ Merchant Banking Partners. Previously, Mr. Burgstahler worked at Andersen Consulting (now known as Accenture plc) and McDonnell Douglas (now known as The Boeing Company). Mr. Burgstahler currently serves as a director of Avista Healthcare Public Acquisition Corp., Inform Diagnostics, Inc., Kramer Laboratories, Inc., United BioSource Corporation and WideOpenWest, Inc. He is also a Trustee of the Trinity School in New York City. Mr. Burgstahler holds a B.S. in Aerospace Engineering from the University of Kansas and an M.B.A. from Harvard Business School.

Sriram Venkataraman

Sriram Venkataraman has been a director since 2016. He is a Partner of Avista Capital Partners, having joined in 2007. Prior to joining Avista Capital Partners, Mr. Venkataraman was a Vice President in the Healthcare Investment Banking group at Credit Suisse Group AG. Previously, he worked at GE Healthcare (formerly known as GE Medical Systems). He currently serves as a director of OptiNose, Inc., Inform Diagnostics, Inc. and National Spine & Pain Centers Holdings, LLC and previously served as a director of AngioDynamics, Inc., Lantheus Holdings, Inc. and Zest Anchors, Inc. Mr. Venkataraman holds an M.S. in Electrical Engineering from the University of Illinois, Urbana-Champaign and an M.B.A. from The Wharton School at the University of Pennsylvania.

Daniel Sielecki

Daniel Sielecki became a director of Osmotica Holdings Corp Ltd. in 2007 and joined the board of directors in 2016 in connection with the combination of Osmotica Holdings Corp Ltd. and Vertical/Trigen. Mr. Sielecki has worked at Laboratorios Phoenix S.A since 1975 and currently serves as a director of Simali S.A., Petroquımica Cuyo S.A and PEPCA S.A. He previously served as a director of Disprofarma S.A.

Carlos Sielecki

Carlos Sielecki became a director of Osmotica Holdings Corp Ltd. in 2007 and joined the board of directors in 2016 in connection with the combination of Osmotica Holdings Corp Ltd. and Vertical/Trigen. Mr. Sielecki currently serves as a director of Simali S.A. and holds a degree in architecture from the University of Buenos Aires.

Juan Vergez

Juan Vergez became a director in 2016. Mr. Vergez served as the President of Osmotica Argentina from November 2010 to May 2016, and as the New Business Director of Osmotica Argentina from May 2016 to December 2017. Mr. Vergez previously served as a director of Nutrifoods, S.A. and has more than 40 years of experience in the pharmaceutical industry.