Last Updated: August 25, 2020
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Osmotica offers the information through the Services only for general educational and informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. THE SERVICES DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT, AND NONE OF THE INFORMATION CONTAINED IN THE SERVICES SHOULD BE CONSTRUED AS PROVIDING MEDICAL ADVICE OR SERVICES OF ANY KIND. ANY CLINICAL DIAGNOSIS OR TREATMENT DECISION REMAINS THE RESPONSIBILITY OF THE HEALTHCARE PROVIDER USING THE SERVICES, AND THE HEALTHCARE PROVIDER USING THE SERVICES SHOULD NOT RELY ON THE INFORMATION CONTAINED THEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. Neither Osmotica nor any third party content provider accessed through your use of the Services (“Sponsor”) is engaged in rendering medical advice or services. Many medical and pharmacoeconomic issues are the subject of debate and diverse opinions. Opinions expressed by guest editors and contributors do not necessarily represent the views of either Osmotica or any Sponsor.
With respect to data, information, files, images, and other content you submit or make available through the Services (collectively, “User Content”), you grant Osmotica a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use such User Content to manage, provide, monitor, repair, improve, analyze and operate the Services and for other lawful purposes.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Osmotica, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Osmotica. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Services may contain hyperlinks or other connections to websites or content operated by parties other than us, including, but not limited to, our Sponsors. We do not control these websites and are not responsible for them, including their availability, content or any viruses, worms, spyware or malware that may be accessed through them. Our inclusion of hyperlinks or other connections to Sponsor materials does not imply any endorsement of the material on them or any association with their owners. We assume no responsibility whatsoever for our Customers, our Sponsors or our Sponsors’ respective business practices (or any of the information posted or downloaded by our Sponsors through the Services). No portion of the Services shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor, whether in regard to its website, products, services or otherwise.
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You must not use Osmotica's trademarks or logos without prior written permission of Osmotica.
You agree not to use the Services in a manner that is unlawful or reasonably expected to harm Osmotica, its employees, licensors, users, or others. Without limitation, you are prohibited from:
To use the App, you must be a qualified, licensed physician or other qualified, licensed healthcare professional. You acknowledge and agree that the App is solely a tool to provide information, but not clinical recommendations, to assist you in clinical decision-making. The App is not a substitute for your own clinical judgment as a healthcare professional. No clinical decisions are to be based solely on the App. Clinical decisions must consider clinical history, symptoms, other diagnostic measurements, and other factors that you may deem relevant in your clinical judgment. You, and specifically not Osmotica, are solely responsible for verifying the accuracy of all patient information and determining the data necessary for you to make clinical decisions, as well as for complying with all applicable laws, regulations and licensing requirements applicable to your delivery of healthcare services. Never disregard information received directly from a patient because of your use of the App or due to something read or learned through the use of the App or any information stored on, generated by or received through the App.
You agree not to represent, imply, or suggest (i) that the App is a medical device, pharmaceutical product or diagnostic product of any kind whatsoever, (ii) that the App is medical advice, that provides judgement, diagnosis, or treatment, (iii) that the App constitutes or creates a doctor-patient, therapist-patient or other healthcare professional relationship between the patient and Osmotica, (iv) that the App is intended for use in the diagnosis of disease or any other condition or in the cure, mitigation, treatment, or prevention of disease, or (v) that the App is intended to affect the structure or function of the body. You further agree not to promote or market the App as such in any way or to any person. You further represent that you are a qualified, licensed physician or other healthcare professional.
You are solely responsible for maintaining the confidentiality of your information and for restricting access to your devices. You accept responsibility for all activities that occur under your devices. You agree to immediately notify Osmotica at the e-mail address provided below if you have reason to believe there has been any breach of security related to the App, and you acknowledge that we may not be able to mitigate such breach of security until you do so. We may discontinue the App at any time.
You consent to transact with us electronically and receive legal notices and other communications electronically, either by e-mail, text messaging, push notifications (in accordance with your device settings), or by notices posted on the App. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the App.
If any viewer of the Services responds with information, including feedback data, questions, comments, suggestions, ideas or the like, we shall deem that information to be non-confidential, and Osmotica shall have no obligation of any kind with respect to such information and shall be free to reproduce, disclose, and distribute the information to others without limitation, and to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. While we appreciate hearing from you and welcome your comments regarding our Services, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Services, please be specific in your comments regarding our Services and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
You are responsible for ensuring that your use of the Services complies with all laws directly or indirectly applicable to you or us. OSMOTICA IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
While Osmotica has endeavored to make sure that the information contained in the Services is accurate, Osmotica cannot guarantee the accuracy of such information.
ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. OSMOTICA AND ITS SPONSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SERVICES OR THE PRODUCTS SOLD THEREBY. OSMOTICA AND ITS SPONSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF THE SERVICES, (ii) THE QUALITY AND SECURITY OF THE SERVICES, OR (iii) THE INABILITY TO ACCESS THE SERVICES OR THE CONTENT OF THE SERVICES, INCLUDING WHETHER THE SERVICES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES. WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. AS RELEVANT, THESE TERMS ARE WITHOUT PREJUDICE TO AND IN NO WAY LIMIT OR SUBSTITUTE ANY OBLIGATIONS THAT MAY BE OWED BY YOU AS A HEALTHCARE PROFESSIONAL UNDER YOUR LICENSE TO PRACTICE, INCLUDING WITHOUT LIMITATION ANY OBLIGATION OF MEDICAL CONFIDENTIALITY OR UNDER APPLICABLE LAWS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY LEGAL OR EQUITABLE CLAIM, DISPUTE, ACTION OR PROCEEDING ARISING FROM OR RELATED TO THE SERVICES IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY SUCH LEGAL OR EQUITABLE CLAIM, DISPUTE, ACTION OR PROCEEDING HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
Osmotica is based in Bridgewater, New Jersey, in the United States of America. The information available through the Services is intended for use only by Osmotica’s customers in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate or legal for use outside that country. Therefore, product information available through the Services may not be appropriate or legal for residents of other countries. If you access the Services from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We reserve the right to cancel or terminate your right to use the Services, or any portion of the Services, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the portion of the Services affected by such cancellation or termination.