Terms and Conditions of Use

Effective Date: May 2, 2019

Please read these terms and conditions of use carefully before reading this web site

ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, ANY ADDITIONAL POLICIES AND AGREEMENTS THAT MAY BE POSTED ON THE WEB SITE FROM TIME TO TIME AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT HAVE PERMISSION TO USE THIS WEB SITE.

Intellectual Property Rights

This web site, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of PV Physicians Pharmaceuticals, Inc. (“PV Physicians”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to PV Physicians are either registered or unregistered trademarks or tradenames of PV Physicians and/or its affiliates (collectively, the “PV Physicians Trademarks”). Nothing in these Terms and Conditions of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PV Physicians Trademarks displayed on the web site without our prior written permission in each instance. All goodwill generated from the use of PV Physicians Trademarks will inure to the exclusive benefit of PV Physicians and/or its affiliates, as applicable.

All company and product names of other entities are the property of their respective owners.

Use of PV Physicians Web Site and Its Content

The Content contained throughout this web site is provided by PV Physicians for informational purposes only. Although PV Physicians will use reasonable efforts to include accurate and up-to-date Content on this web site, it makes no warranties or representations as to the accuracy, completeness or currency of any Content. In addition, PV Physicians cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. PV Physicians may alter or delete Content from this web site at any time.

PV Physicians may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

You may download, view, replay, copy and print Content, subject to the following:

1. Content may be used solely for non-commercial, personal informational purposes;
2. any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page;
3. the Content may not be modified or altered in any way; and
4. no graphics may be used separate from accompanying text.

Requests for permission to use Content other than described above should be made to media@pvphysicians.com. Any rights not expressly granted herein are reserved. Please be advised that PV Physicians enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than PV Physicians may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any Content on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of PV Physicians or such third party that may own the trademark or copyright of material displayed on this web site.

Medical Information/Conditions

ANY CONTENT POSTED ON OUR WEB SITE RELATED TO MEDICAL CONDITIONS AND THEIR TREATMENT IS GENERAL IN NATURE AND IS INTENDED ONLY FOR EDUCATIONAL AND GENERAL INFORMATION PURPOSES. SHOULD YOU HAVE A MEDICAL CONDITION THAT MAY REQUIRE TREATMENT, OR IF YOU HAVE ANY SPECIFIC MEDICAL QUESTIONS, PROMPTLY SEE YOUR OWN DOCTOR OR HEALTH CARE PROVIDER. NOTHING ON THIS WEB SITE IS SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION ADVICE. WE DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT FROM THIS WEB SITE, AND NONE OF THE CONTENT CONTAINED ON THIS WEB SITE SHOULD BE CONSTRUED AS PROVIDING MEDICAL ADVICE OR SERVICES OF ANY KIND. ONLY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL CAN DETERMINE IF A PARTICULAR MEDICAL TREATMENT IS APPROPRIATE FOR YOU.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION.

About Your Privacy

PV Physicians’ website uses cookies to improve the site and user experience. By continuing to browse our site, you agree to our use of cookies. If you require further information on our use of Cookies, visit our Cookie Policy. If you wish to receive further information on our use of personal data in general, please visit our Privacy Policy.

No Warranties

THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PV PHYSICIANS DOES NOT WARRANT THAT: (i) THE CONTENT ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.

IT IS THE USER’S RESPONSIBILITY TO ASCERTAIN WHETHER ANY CONTENT DOWNLOADED FROM THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.

ALTHOUGH THE CONTENT OF THIS WEB SITE IS UPDATED PERIODICALLY, PV PHYSICIANS DOES NOT HAVE A DUTY TO UPDATE ANY SUCH CONTENT, AND PV PHYSICIANS WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH CONTENT. PV PHYSICIANS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE CONTENT DISCLOSED OR ACCESSED THROUGH THIS WEB SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CONTENT CONTAINED IN THIS WEB SITE BEFORE RELYING UPON IT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PV PHYSICIANS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, the “PV PHYSICIANS PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF PV PHYSICIANS AND/OR THE APPLICABLE PV PHYSICIANS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL LIABILITY OF THE PV PHYSICIANS PARTIES (COLLECTIVELY AND IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PV PHYSICIANS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, CONTENT AND/OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.

Indemnity and Release

You agree to release, indemnify and hold the PV Physicians Parties harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the web site, any User Content, your violation of these Terms and Conditions of Use or your violation of any rights of another party.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Links to Third-Party Web Sites

These Terms and Conditions apply only to www.pvphysicians.com This web site may contain links to non-PV Physicians web sites. These links are provided to you as a convenience, and PV Physicians is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent of PV Physicians, and PV Physicians has no control over the content of that web site. In addition, a link to any non-PV Physicians web site does not imply that PV Physicians endorses or accepts any responsibility or assumes any liability for the content or use of such a web site. Your linking to any other web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.

No Implied Endorsements

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by PV Physicians of that third party or of any product or service provided by a third party.

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories, and individuals. No Content from this web site may be downloaded or otherwise exported in violation of United States law.

Jurisdictional Issues

PV Physicians makes no representation that the Content on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforcement of Terms and Conditions

You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Connecticut without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ridgefield, Connecticut, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. PV Physicians may, at its sole discretion and without notice, revise these Terms and Conditions at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by PV Physicians, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact PV Physicians at https://www.pvphysicians.com/contact-us/

FORWARD-LOOKING STATEMENTS DISCLAIMER

This web site, and the documents contained in (or directly accessible from) this web site, include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our future expectations, plans, prospects, and future operating results and any other statements containing the words “believes”, “expects”, “anticipates”, “plans”, “estimates” and similar expressions. There are a number of important factors that could cause PV Physicians’ actual results to differ materially from those indicated by such forward-looking statements, including our approach to discover and develop novel drugs, which is unproven and may never lead to marketable products; obtaining, maintaining and protecting intellectual property; our ability to enforce our patents against infringers and to defend our patent portfolio against challenges from third parties; our ability to obtain additional funding to support our business activities; our dependence on third parties for development, manufacture, marketing, sales and distribution of our products; the successful development of products, all of which are in early stages of development; obtaining regulatory approval for products; competition from others using technology similar to ours and others developing products for similar uses; our dependence on collaborators; and our short operating history; and other factors identified in the filings PV Physicians makes from time to time with the SEC. PV Physicians disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was first made.

PV Physicians Cookie Notice

When you visit our web site, it may store or retrieve information on your browser, mostly in the form of cookies. You can find out more about cookies and how to control them in the information below.

By using our web site, you accept the use of cookies in accordance with this Cookie Notice. In particular, you accept the use of Third-Party Cookies for the purposes described below.

If you do not accept the use of these cookies please disable them following the instructions in this Cookie Notice, for instance by changing your browser settings so that cookies from this website cannot be placed on your computer or mobile device.

What is a cookie?

Cookies are small text files that are placed on your computer or other Web-accessing devices by our websites. These cookies allow us to distinguish you from other users of our website, and to enhance our website and your experience when you browse our website. We also collect information about your use of the Site through cookies and similar technology. Cookies allow us to recognize you and maintain your preferences when you return to our Site. Cookie technology collects “clickstream” data, which does not include personally identifying information, but which reflects your activities on the Site and helps us to customize our Site experience and anticipate what may be of interest to our users, by monitoring traffic in popular areas and modifying the services and information to meet customer demand.

To find out more about cookies, including how to see what cookies have been set and how to delete them, visit www.allaboutcookies.org or https://cookiepedia.co.uk/

The types of cookies we use

The types of cookies used on this website can be classified into one of two categories, namely Strictly Necessary Cookies and Analytics Cookies.

1. Strictly Necessary Cookies –These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. These cookies don’t gather information about you that could be used for marketing or remembering where you have been on the internet.  This category of cookies cannot be disabled.  We use the following strictly necessary cookie:

Cookie name	Source	Expiry	Purpose
WPModuleFilter	WordPress	24 hours from set/update	These cookies are used to store user interface preferences.
SSESXXXXXXXXXXXXXXXXX	WordPress	on browser close	These cookies are used to store single session data.
has_js	WordPress	end of session	These cookies are used to store user interface preferences.
pop	PV Physicians	5 Days from set/update	Tracks users answer to the gateway HCP self-select (“I am a healthcare professional”)

• Analytics Cookies –These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies you. All the information that these cookies collect is anonymous and is only used to improve how a website works.

Our website uses Google Analytics Cookies. Information collected by the Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google and how this applies to Google Analytics, please click here. You may opt out of tracking by Google Analytics by clicking here.

Our website uses the following Google Analytics Cookies.

Cookie name	Source	Expiry	Purpose
_ga	Google Analytics	2 years from set/update	These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve our site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
_gid	Google Analytics	24 hours from set/update

You may also control and delete these cookies through your browser settings.

How to control cookies

If you don’t want to receive cookies, you can modify your browser so that it notifies you when cookies are sent to it or you can refuse cookies altogether. You can also delete cookies that have already been set.

If you wish to restrict or block web browser cookies which are set on your device then you can do this through your browser settings; the Help function within your browser should tell you how. Alternatively, you may wish to visit www.aboutcookies.org (link is external), which contains comprehensive information on how to do this on a wide variety of desktop browsers.