Terms of Use

Last Updated: January 12, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL DOCUMENT. These Terms of Use (“Terms of Use”) are entered into by and between you and RVL Pharmaceuticals and its subsidiaries (collectively, “RVL”, “we”, or “us”).

These Terms of Use govern your use of the websites owned and operated by RVL (collectively, the “Website”) and the mobile app Meet UPNEEQ™ (the “App,” and collectively with the Website, the “Services”). The Services include, without limitation, all information, text, visual images, pages, software, products and services used or available via the applicable Service. The Services are owned by us and are for the use of our customers, including healthcare professionals (“Customers,” “you” or “your”).

In consideration for your use of the Services, you agree to use the Services in accordance with these Terms of Use, without reservation. By using the Services, you accept and agree to be bound and abide by these Terms of Use. BY ACCESSING THE SERVICES IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES. Any and all rights not expressly granted in these Terms of Use are reserved by us.

THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.

These Terms

By using the Services, you affirm that you are of legal age to enter into these Terms of Use and agree to these Terms of Use and our Privacy Policy (the “Privacy Policy”), which is incorporated by reference, found at: [https://RVLpharma.com/privacy-policy/].

From time to time we may change, or make improvements to, the Services. Such changes and/or improvements shall be made without notice to you. From time to time, we may change these Terms of Use or impose new conditions on the use of the Services, in which case we will provide notice by making available the revised Terms of Use through the Services. Any such changes shall not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such changes. A revised form of these Terms of Use will be effective immediately upon its posting through the Services. You are responsible for reviewing the most current version of these Terms of Use before using the Services to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Services in any manner whatsoever. By continuing to use the Services after we post any such changes, you accept these Terms of Use, as modified.

The “Last Updated” legend above indicates when these Terms of Use were last changed. We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users. You are responsible for both: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

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

The Services are intended solely for your personal and noncommercial use. Except as otherwise expressly provided herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Services, or any software, products or services obtained from or available as part of or in conjunction with the Services. We grant you a non-exclusive, non-assignable and non-transferable license (the “License”) to use the Services only pursuant to these Terms of Use. The License is not a sale of any of our rights, nor is it a transfer of title to such rights. The Services may be used only by you, and you may not rent, lease, lend, sub-license or transfer any portion of the Services or any data residing on it, or any of your rights under this License, to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any portion of the Services. You may not transfer to or store any data residing or exchanged over the Services in any electronic network for use by more than one user unless you obtain prior written permission from us. If you violate any of these Terms of Use, your License shall terminate automatically and you must immediately destroy all copies of any materials, content, or information that you may have obtained on or through the Services.

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.

With respect to the Website, you may download and print a single copy for your personal use, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Services or any portion thereof to create or re-create a similar or competing service. Any use of the content of the Services not expressly permitted by these Terms of Use, or in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@RVLpharma.com. Any unauthorized use by you of our intellectual property may lead us to revoke your access to the Services in addition to other legal remedies to which we are entitled. Nothing contained herein shall be construed as conferring, by implication, waiver, estoppel or otherwise, any license or right under any patents, copyrights, trade secrets or trademarks belonging to us, any Sponsor or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright of us or any Sponsor.

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

The Services may be used only for lawful purposes by Customers seeking information on our products and company. As one of the conditions of your use of the Services, you represent, warrant and agree that you will use the Services in good faith and not use, encourage or help others use the Services (or information obtained from the Services) for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Services complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein.

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.

Violations of these Terms of Use may result in civil or criminal liability. We will investigate occurrences that involve such violations and may consult, and cooperate, with law enforcement authorities in prosecuting anyone who may be involved in such violations.

Your Obligations for Use of the App

When you access the App, you agree to provide true, accurate, current and complete information about yourself as prompted by the App or otherwise requested during the term of these Terms of Use, and to maintain and promptly update that information so as to keep that information true, accurate, current and complete. You consent and authorize us to verify the information that you provide in a manner consistent with our Privacy Policy.

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.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, actions or demands, liabilities and settlements, including without limitation our costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your use of the content of the Services; or (iii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Services

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

IN NO EVENT WILL WE OR OUR SPONSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US SOLELY FOR THE RIGHT TO USE THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, BUT THE ABOVE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR THE CONTENT.

All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Arbitration

a. Binding Arbitration. Except for disputes that qualify for small claims court, as detailed below, all disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including disputes arising out of or relating to the interpretation or application of this arbitration provision, or the enforceability, revocability or validity of this arbitration provision or any portion of this arbitration provision, shall be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. We and you are each waiving the right to trial by a jury.

b. The arbitration shall be administered by the American Arbitration Association (AAA) under the following rules: (i) if you entered into this Agreement individually, its Consumer Arbitration Rules (available online at www.adr.org), as amended by these Terms of Use, and (ii) if you entered into this Agreement as an organization or as a representative of an organization, by its Commercial Arbitration Rules. The place of arbitration shall be Bridgewater, New Jersey. All disputes shall be resolved by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances shall be held at a location which is reasonably convenient to both parties with due consideration of ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the arbitrator shall decide on the location. The arbitrator’s decision(s) shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the specific claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with jurisdiction.

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

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No Partnership

You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of the Services.

Certain Legal Requirements

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall diminish our right to comply with law enforcement requests, requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Certain Rights and Obligations

We have the right to terminate your access to the Services at any time without notice and to discontinue or modify any of the content contained on the Services at any time. You may not assign any part of these Terms of Use without our prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing that is executed by the party against whom it is being enforced.

No Extraterritoriality

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.

Termination

These Terms of Use are effective until terminated. We reserve the right to suspend, 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. Upon any such termination or suspension, your right to use the Website shall immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.

Survivability

The following provisions of these Terms of Use survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law, and Other.

Jurisdiction and Choice of Law

We make no representation that the Services are appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Services is prohibited from jurisdictions where the Services, or its content, is illegal. Those who choose to access the Services do so on their own initiative and are responsible for compliance with applicable laws. These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New Jersey, without regards to the conflicts of law principles thereof. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms of Use or with respect to any other disputes not subject to binding arbitration, you shall bring such dispute in the courts of the State of New Jersey, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.

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.

Other

These Terms of Use constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void. If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitral or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

If you have a question or complaint regarding the Terms of Use or Services, please send an e-mail to legal@RVLpharma.com. You may also contact us by writing to RVL Pharmaceuticals at 400 Crossing Boulevard, Bridgewater, NJ 08807 Attn: General Counsel. Please note that e-mail communications will not necessarily be secure and, accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.