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Website Terms of Use

 

Last modified: October 3, 2018

 

These Terms of Use are entered into by and between you, the user, (“You”) and Aquestive Therapeutics, Inc. (“Aquestive,“We,” or “Us”) and govern your use of www.aquestive.com (the “Website“). By using the Website, you agree to these Terms of Use.

 

The Website is offered and available to persons residing in the United States. We make no claims that the Website or any of its content or services of Aquestive are accessible or appropriate outside of the United States. Dissemination of product information or other content on the Website may be subject to different medical requirements or regulations in other jurisdictions. If you reside or are located outside the United States, you are responsible for compliance with local laws. By using the Website, you represent and warrant that you reside in the United States and are of legal age to form a binding contract with Aquestive.

 

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. No content on the Website should be construed as advice or recommendations regarding any health decision, treatment, or diagnosis, and should not be substituted for consultation with your licensed healthcare profession.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Aquestive or users of the Website or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Intellectual Property Rights

 

The Website and all content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Aquestive, its affiliated entities, its 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.

 

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

You must not:

 

  • Modify copies of any materials from the Website.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

 

No right, title or interest in or to the content of the Website is transferred to you, and all rights not expressly granted are reserved by Aquestive. Any use of the Website not expressly permitted by this Agreement is a breach hereof and may violate copyright, trademark and other laws.

 

Trademarks

 

Aquestive Therapeutics, Inc. and the terms AQUESTIVE, AQUESTIVE THERAPEUTICS, the AQUESTIVE logo, and all related names, logos, product and service names, designs, and slogans on the Website are registered and unregistered trademarks and trade names of Aquestive or its affiliated entities or licensors. You must not use such marks without the prior written permission of Aquestive. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

Information, News and Press Releases

 

The Website may contain information, news and/or press releases about Aquestive. While this information was believed to be accurate as of the date it was prepared, Aquestive disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Aquestive contained in the news, press releases or otherwise should not be relied upon as being provided or endorsed by Aquestive.

 

User Submissions Non-Confidential Communication

 

Certain areas of this Website enable you to submit e-mails, or otherwise provide feedback or information to Aquestive. Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy. Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means.

 

You agree that by submitting content:

 

  • if you are a health care professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
  • you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and
  • you grant to Aquestive the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, Aquestive shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Linking Policy and Third Party Links

 

Unless otherwise set forth in a written agreement between you and Aquestive, you must adhere to Aquestive’s linking policy as follows: (i) any link to an Aquestive website must be a text only link clearly marked “Aquestive WEBSITE”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Aquestive’s names and trademarks; (iii) the link must “point” to the root domain name of the Aquestive Website and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Aquestive; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (vi) Aquestive reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties, Limitation of Liability and Indemnification

 

Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

 

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

 

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. AQUESTIVE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. AQUESTIVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

 

Limitation of Liability. AQUESTIVE AND ANY AND ALL OFITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AQUESTIVE PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE INCLUDING,BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF INFORMATION TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE AQUESTIVE PARTIES’ NEGLIGENCE,GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

 

Indemnification. You agree to defend, indemnify and hold harmless the Aquestive Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, fraud, omissions or intentional wrongdoing by you.

 

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

 

Governing Law

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States Federal law, where applicable, and the internal laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would require the application of a different state’s law.

 

Waiver and Severability

 

No waiver by Aquestive of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aquestive to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Securities Laws

 

This Website may include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “anticipate,” “believe,” “could,” “estimate,” “expects,” “intend,” “may,” “plan,” “potential,” “project,” “will,” “would,” or the negative of those terms, and similar expressions, are intended to identify forward-looking statements. Such statements include, but are not limited to, statements about regulatory approvals and pathways, clinical trial timing and plans, the achievement of clinical and commercial milestones, future financial and operating results, business strategies, market opportunities, financing, and other statements that are not historical facts. These forward-looking statements are based on Aquestive’s current expectations and beliefs and are subject to a number of risks and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. Such risks and uncertainties include, but are not limited to, risks associated with Aquestive’s development work, including any delays or changes to the timing, cost and success of Aquestive’s product development activities and clinical trials; the risks of delays in FDA approval of Aquestive’s drug candidates or failure to receive approval; the risks inherent in commercializing a new product (including technology risks, financial risks, market risks and implementation risks and regulatory limitations); development of Aquestive’s sales and marketing capabilities; the rate and degree of market acceptance of Aquestive’s product candidates; the success of any competing products; the size and growth of Aquestive’s product markets; the effectiveness and safety of Aquestive’s product candidates; risks associated with intellectual property rights and infringement; unexpected patent developments; and other risks and uncertainties affecting Aquestive. As with any pharmaceutical product candidate underdevelopment, there are significant risks with respect to the development, regulatory approval and commercialization of new products. Given these uncertainties, you should not place undue reliance on these forward-looking statements, which speak only as of the date made. All subsequent forward-looking statements attributable to Aquestive or any person acting on Aquestive’s behalf are expressly qualified in their entirety by this cautionary statement. Aquestive has no obligation to update any such forward-looking statement on the Website as a result of new information, later events, or other circumstances. The Website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Aquestive’s securities-related filings or documents.

 

 

 

10/18 UNB-00024

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