Terms of Use

TERMS OF USE

Welcome to the Zyla Web site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

Use of Web site. The information provided on this site is for general informational and educational purposes. Certain sections of this Web site are intended for particular audiences including Zyla’s employees, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the Web site is subject to this Terms of Use Agreement. By accessing and using this Web site, you accept, without limitation or qualification, this Terms of Use Agreement.

Content. Zyla will use reasonable efforts to include accurate and up-to-date information on this Web site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Web site and the content thereof is at your own risk. Zyla disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Zyla nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

Indemnification. You agree to indemnify, defend and hold harmless Zyla, its officers, directors, employees, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Privacy. Zyla respects the privacy of its Web site users. Please refer to Zyla’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Web site.

Third Party Web sites and Links. This Web site may contain links or references to other Web sites maintained by third parties over whom Zyla has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom Zyla has no control. Zyla makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Zyla.

Medical Information. This Web site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Forward Looking Statements. This Web site contains forward-looking statements about Zyla’s financial and operating performance, business plans and prospects and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things Actual results could differ materially from those discussed due to a number of factors, including, but not limited to: Zyla’s ability to continue as a going concern; the impact of Zyla’s bankruptcy on its business going forward, including with regard to relationships with vendors and customers, employee attrition, and the costs and expenses resulting from its bankruptcy; the impact of the company’s acquisition of five products from Iroko Pharmaceuticals, Inc., including its assumption of related liabilities, potential exposure to successor liability and credit risk of Iroko and its affiliates; Zyla’s estimates regarding expenses, future revenues, capital requirements and needs for additional financing; the company’s current and future indebtedness; its ability to maintain compliance with the covenants in the company’s debt documents; the level of commercial success of Zyla’s products; coverage of the company’s products by payors and pharmacy benefit managers; Zyla’s ability to execute on its sales and marketing strategy, including developing relationships with customers, physicians, payors and other constituencies; the rate and degree of market acceptance of any of Zyla’s products; the success of competing products that are or become available; the entry of any generic products for any of the company’s products, or any delay in or inability to reformulate SPRIX; recently enacted and future legislation and regulations regarding the healthcare system; the accuracy of Zyla’s estimates of the size and characteristics of the potential markets for its products and its ability to serve those markets; the company’s failure to recruit or retain key personnel, including its executive officers; obtaining and maintaining intellectual property protection for Zyla’s products; the company’s ability to operate its business without infringing the intellectual property rights of others; Zyla’s ability to integrate and grow any businesses or products that it may acquire; the outcome of any litigation or disputes in which the company is or may be involved; and general market conditions. A further list and description of these and other risks, uncertainties and other matters can be found in Zyla’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available on this Web site and at www.sec.gov Zyla assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on a Zyla Web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Zyla shall have no obligation of any kind with respect to such information. Zyla shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Zyla, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Zyla actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyrights. The entire contents of this Web site are subject to copyright protection. Copyright © 2014-2019 Zyla Life Sciences. The contents of Zyla Web sites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Zyla. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Zyla, or any third party.

Void Where Prohibited. This Web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Web site is accessible to users outside of the U.S., the information pertaining to Zyla products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site links to other sites produced by Zyla’s various operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. Zyla reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Web site is void where prohibited.

Governing Laws. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, Pennsylvania.Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Zyla reserves the right to alter or delete materials from this Web site at any time at its discretion.

 

 

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ZYLA LIFE SCIENCES

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600 Lee Road, Suite 100
Wayne, PA 19087
Tel: 610.833.4200

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