Last Updated: January 12, 2022
No Medical Advice
We offer 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 RVL 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 RVL or any Sponsor.
Our Limited License to You
Intellectual Property Information
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Services may not be sold, resold, downloaded, distributed, stored, copied, reused, reposted, modified, or otherwise used except as provided herein without our express written permission.
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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RVL. 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.
Links to Other Sites
The Services may contain hyperlinks or other connections to websites or content operated by parties other than us, including, but not limited to, our clinical trial, industry, marketing and other sponsors (“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.
Linking to the Website
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 our trademarks or logos without our prior written permission.
Lawful Use of the Services
You agree not to use the Services in a manner that is reasonably expected to harm us, our employees, licensors, users, or others. Without limitation, you are prohibited from:
- uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise illegal, tortious or objectionable;
- impersonating any person or entity, including, but not limited to, an employee of RVL, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- accessing data not intended for your use or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing;”
- interfering with the proper working of the Services; or
- using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
Your Obligations for Use of the App
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 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 must 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 RVL, (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 us 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.
Feedback; Idea Submission
Services users may make available certain materials (each, a “Submission”) through or in connection with the Services, including on the Service’s interactive services, such as message boards and chatting, commenting, posting, uploading information and messaging functionality. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, disclose, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback shall be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Services complies with all laws directly or indirectly applicable to you or us. WE ARE 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.
Disclaimer of Warranties
ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE AND OUR 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. WE AND OUR 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.
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.
Limitation of Damages and Remedies
c. If you entered into this agreement individually, you have the choice to submit any dispute to a small claims court, if applicable, instead of having the dispute resolved by arbitration. You can make this choice either before or after the dispute is submitted for resolution by arbitration.
d. Notwithstanding any of the foregoing, each party may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures shall not be deemed incompatible with the arbitration provision in this Section or a waiver of the right to arbitrate.
Class Action Waiver
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.
Limitation on Time to File Claims
Certain Legal Requirements
Certain Rights and Obligations
We are based in Bridgewater, New Jersey, in the United States of America. The information available through the Services is intended for use only by our 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.
Jurisdiction and Choice of Law
Copyright Infringement Claims
The U.S. Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to us as follows: by mail to RVL Pharmaceuticals, Inc., 400 Crossing Boulevard, Bridgewater, NJ 08807 Attn: General Counsel; or by e-mail to legal@RVLpharma.com. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.