Aquavit Pharmaceuticals

Terms

Privacy & Terms

Aquavit Pharmaceuticals is pleased to provide you with this website (“website”) and its content for general informational purposes. Please carefully read these Terms and Conditions relating to the use of our website. By using our website, you agree to these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not use our website. We reserve the right to revise these Terms and Conditions or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our website. If you violate any of these Terms, your permission to use the materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the materials.

Use of Materials and Intellectual Property Rights

The entire contents of this website are subject to copyright protection. You may not copy the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents 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 website 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 Aquavit. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Aquavit, its affiliates or any third party. Aquavit prohibits the use of any Aquavit trademark, or any related graphic, as a “hot link” to any website unless approved by Aquavit.

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Aquavit, 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 Aquavit actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website.

Forward-Looking Statements

Our website contains forward looking statements, including statements regarding Aquavit’s future financial performance and strategy. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements. These risks and uncertainties include, among others, our ability to successfully complete preclinical and clinical development of our products and services; the content and timing of submissions to and decisions made by the FDA, the EMEA and other regulatory agencies; the accuracy of our estimates of the size and characteristics of the markets to be addressed by our products and services, including growth projections; market acceptance of our products and services; the availability and amount of reimbursement for our products and services from third-party payers; our ability to expand the use of current products in existing and new indications; our ability to manufacture sufficient amounts of our product for development and commercialization activities and to do so in a timely and cost-effective manner; our ability to establish and maintain strategic license, collaboration and distribution arrangements and to manage our relationships with collaborators, distributors and partners; and the other factors described. Forward-looking statements speak only as of the date first made, unless another date is indicated. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.

We do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.

Disclaimers of Warranty, Liability, and Consequential Damages

This website and the materials are intended for educational purposes only. They are not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

In an effort to assist patients in identifying medical resources, we have contracted with certain health care institutions that consider themselves to have expertise in the research, diagnosis and treatment of particular diseases or health conditions. These third parties may be mentioned on this website and this website may provide a link to those third party websites. Aquavit makes no warranties or representations, and expressly disclaims any responsibility for, the information or treatment that you may receive from any listed health care provider.

With respect to prescription drugs and other medications and therapies, the doctor prescribing such drug is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. The materials do not constitute medical advice and website users are urged to consult their doctors with any drug or health related questions they may have.

The materials may contain inaccuracies or typographical errors. Aquavit makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this website or the materials. Although we make a good faith effort to update the materials periodically, we do not have any duty to update the materials, and we will not be liable for any failure to update such materials. Your use of the website and the materials is at your own risk. Changes can and will be made to the website and materials and at any time.

Aquavit makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Aquavit does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, Aquavit is not responsible for those costs.

The website and materials are provided on an ‘as is’ basis without any express or implied warranties of any kind. Aquavit and its suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including the warranty of merchantability, non-infringement of third parties rights, and fitness for a particular purpose. Aquavit and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links.

In no event shall Aquavit, its affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not Aquavit is advised of the possibility of such damages. In no event shall Aquavit’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Ordered Products

The order, purchase, and/or sale of any products from Aquavit, its affiliates, and/or their suppliers are subject to the terms and conditions contained in the applicable purchase order or written agreement between the parties.

Indemnity

You agree to defend, indemnify, and hold harmless Aquavit, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use. Aquavit shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Information

Any personally identifiable information in electronic communications to this website is governed by Aquavit’s Privacy Policy. Aquavit shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.

As a user of this website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation.

Void Where Prohibited

This website 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 on the web site pertaining to Aquavit products and services 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 Aquavit’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. Aquavit reserves the right to limit provision of our 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 website is void where prohibited.

Choice of Law and Jurisdiction

Our website is operated from our offices in the State of New York, U.S.A. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the State of New York and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Severability

If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Entire Agreement

These Terms and Conditions of Use represent the entire agreement between you and Aquavit relating to the subject matter herein and shall not be modified except by Aquavit as provided herein or through a written document signed by both parties.

Privacy Policy

Introduction

Aquavit, Inc. respects your privacy and we are committed to protecting it. We recognize your need for appropriate protection and management of the personal information we learn about you while you visit our website, www.aquavitpharma.com. This privacy policy lets you know how we use and protect the information received through our website. The information that we receive depends on what you do during your visit to our website, what service(s) you request, and whether you decide to voluntarily give us your personal information.

Purpose and Scope

This privacy policy describes Aquavit’s current policies and practices with regard to personal information and non-identifying information collected by Aquavit through this website. This privacy policy is independent from Aquavit’s offline personal information collection practices. The term “personal information” refers to personally identifiable information about you, such as your name, birth date, e-mail address, mailing address, and any other information that is identified with you personally, including your individual health information. This privacy policy describes how we use that information and how you can control it.

Effective Date

This privacy policy is effective as of October 20, 2010.

Users Outside of the United States

YOU EXPRESSLY CONSENT TO AQUAVIT’S PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY AQUAVIT IN THE COUNTRY WHERE IT WAS COLLECTED AND IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

IF YOU REPRESENT AN ORGANIZATION, YOU WILL BE RESPONSIBLE TO ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL INFORMATION MAY BE PROVIDED TO AQUAVIT HAS GIVEN HIS OR HER EXPRESS CONSENT TO AQUAVIT’S PROCESSING OF SUCH PERSONAL INFORMATION.

Information Aquavit Gathers and Tracks

Aquavit collects two kinds of information about visitors to this website: data that visitors voluntarily submit to Aquavit in the course of using this website, and aggregated tracking data we collect when visitors interact with our website.

Collection, Use and Disclosure of Personal Information

The only personal information that Aquavit currently collects about you through this website is the information you voluntarily give us when you use this website. Aquavit may use the personal information you provide to answer your question or resolve your issue. Aquavit also uses this personal information to help us improve the content and functionality of our website and to improve our company and products. Aquavit may share some or all of your personal information collected through this website with our affiliates, who may use the personal information in accordance with this privacy policy.

Collection, Use and Disclosure of Non-Identifying Information

We may collect information about our visitors, customers, page views, traffic patterns, and related website information. This information helps us evaluate and improve our website and is sometimes useful for business analysis. We may share this information with third parties, but only in aggregate statistical form that includes no personally identifying information.

Security

We use reasonable security procedures to protect the personal information you share with us from unauthorized access, use, or disclosure.

Privacy Protections for Minors

Our website is not directed at or intended for minors. Therefore, we do not wish to receive, nor do we knowingly collect, personal information from minors via this website.

Other Disclosures

Although your privacy is very important to us, due to the existing legal, regulatory, technical, and security environment, we cannot fully ensure, nor do we represent or warrant, that your private communications and other personal information will not be disclosed to third parties. For example, we may be required to disclose your personal information to the government or other third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to) disclose any information about you (including personal information) to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In all instances, we will cooperate fully when required by law to provide information regarding visitors.

Transfer of Information

Notwithstanding anything expressed or implied in this privacy policy, in connection with an assignment, sale, joint venture or other transfer or disposition of some or all of the assets of Aquavit, Inc., or its affiliated entities, you agree that we can accordingly assign, sell, license, or transfer any information, including personal information, that you have provided to us to those third parties directly involved in the transfer or disposition of such assets.

Changes to this Privacy Policy

We reserve the right, in our sole discretion, to change, modify, update, add or remove any portion of this privacy policy in whole or in part, at any time. If this privacy policy is changed by us we will notify you by posting the date of the change in the current privacy policy on this website. Any changes in this privacy policy will be effective when such changes are posted to this website. Your continued use of this website after any changes to this privacy policy are posted will be considered acceptance of those changes.

These Terms and Conditions and Privacy Policy were last updated: 10/27/2010

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