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Terms and Conditions

Use of this web site, https://www.amytrx.com (the “Site”), is conditioned upon your acceptance of these Terms and Conditions. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Amytrx Therapeutics, Inc. (“Amytrx”) may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. Amytrx reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.

By using the Site, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at www.amytrx.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

This Site is provided as a service to its visitors for informational purposes and for your general interest and entertainment only. By using this web site you hereby agree not to rely on any of the information contained herein. Amytrx will use reasonable efforts to include accurate and up-to-date information in this web site, but some materials presented could include technical inaccuracies or typographical errors.




 

Accessing the site

Amytrx reserves the right to withdraw or amend this Site, and any service or material Amytrx provides on the Site, in our sole discretion without notice. Amytrx will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Amytrx may restrict access to some parts of the Site, or the entire Site.

 

Intellectual Property Rights

The Site and its 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 the Amytrx, 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.

Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of Amytrx. You may, however, print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.

 

Trademarks

Amytrx, the Amytrx logo, and other Amytrx Amytrx and product names referenced in the Site are either registered trademarks or trademarks or service marks of Amytrx or its subsidiaries. Other Amytrx and product names may be the trademarks of the respective companies with which they are associated. The mention of such Amytrx and product names on this Site is with due recognition and without intent to misappropriate such names or marks. You may not use any marks appearing on this Site without the prior written consent of Amytrx or the third party owner of such mark.

Links

The Site may link to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Amytrx of the site, but is for your reference and convenience only. Amytrx has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site. Unless you are advised otherwise by Amytrx, you are not permitted to create hyperlinks to the content of the Site. You may, however, create a link from your personal computer to the Site home page.

 

Geographic Restrictions

The owner of the Site is based in the State of Tennessee in the United States. Amytrx provides this Site for use only by persons located in the United States and to comply with U.S. laws and regulations. Amytrx makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Forward Looking Statements

Except for historical information, this Site includes “forward-looking statements” within the meaning of the Securities Litigation Reform Act. All statements included in this Site that address activities, events or developments that Amytrx expects, believes or anticipates will or may occur in the future are forward-looking statements. This includes earnings estimates, future financial performance and other matters. These statements are based on certain assumptions made by Amytrx based on its experience and perception of historical trends, current conditions, expected future developments and other factors it believes are appropriate in the circumstances. Amytrx cannot validate its assumptions of the full impact on its business of the approval of competitive generic versions of its core brands, or any future competitive product approvals that may affect its brands. Such statements are subject to a number of assumptions, risks and uncertainties, many of which are beyond the control of Amytrx. Any such projections or statements include the current views of Amytrx with respect to future events and financial performance. No assurances can be given, however, that these events will occur or that such results will be achieved. Also, there are a number of important factors that could cause actual results to differ materially from those projected, including the anticipated size of the markets, the receipt of required regulatory approvals, the risks and uncertainties normally incident to the pharmaceutical industry, dependence on sales of key products, the uncertainty of future financial results and fluctuations in operating results, dependence on Amytrx’s strategy including the uncertainty of license payments and/or other payments due from third parties, the timing and success of new product development by Amytrx or third parties, product introductions and other risks. Forward-looking statements represent the judgment of Amytrx’s management as of the date of this Site’s development and/or update, and Amytrx disclaims any intent or obligation to update any forward-looking statements or to announce publicly any revision to any of the forward-looking statements contained in this Site, or to make corrections to reflect future events or developments. Amytrx is not traded on any U.S. exchange and is not subject to U.S. reporting requirements.
 

Disclaimer of Warranties

Your use and access of this Site is without warranty of any kind, and any content on this Site is provided “as is”. To the fullest extent permissible by applicable law, Amytrx hereby disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Amytrx makes no warranties or representations as to the accuracy, adequacy, completeness or timeliness of the content included or referred to in this Site or the reliability of its sources.
Amytrx’ press releases, presentations, printed remarks, audio clips, video clips, SEC filings and similar documentation are made available on this Site only for historical purposes. This information should be considered accurate only as of the date of the original release of the relevant information. Because circumstances may change over time, you should not assume that this information remains accurate as of a later date. Amytrx does not have any current intention to update any of the information contained in these press releases, presentations, printed remarks, audio clips, video clips and similar documentation.


 

Limitation of Liability

You expressly understand and agree that Amytrx shall not be liable for any direct, indirect, incidental, special, consequential, punitive, general or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whether based on breach of contract or warranty, tort (including negligence) contract or otherwise (even if we have been advised of the possibility of such damages), resulting from the use of this Site.

The Site may contain, from time to time, information related to various health and medical conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a professional health-care provider. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult a professional health-care provider.



 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. Amytrx does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Amytrx disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
 

General Provisions

You agree that Amytrx may immediately terminate your use of the Site for any reason with or without notice to you. If Amytrx takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions, Amytrx shall be entitled to recover attorneys’ fees and costs. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Amytrx with respect to the Site.

Governing Law, Jurisdiction and Venue

THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN DAVIDSON COUNTY, TENNESSEE. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

Waiver of Jury Trial and Class Action

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Employment

Amytrx is committed to equal opportunity employment. Amytrx does not discriminate based on an individual’s race, religion, color, national origin, physical or mental disability, veteran status, age, sex or any other basis protected by local, state or federal law.

Indemnification

You agree to indemnify, defend, and hold harmless Amytrx, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct) by you.
 

Amytrx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Amytrx in asserting any available defenses.

 

Waiver and Severability

No waiver by the Amytrx of any term or condition set out in these Terms and Conditions 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 the Amytrx to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
 

If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect.

 

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Amytrx Therapeutics, Inc. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

This Site is operated by Amytrx through the WIX platform.
 

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: contact@amytrx.com.

 

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Amytrx Therapeutics, Inc.

102 Woodmont Blvd | Suite 243 Nashville, TN 37205

400 Riverhill Business Park | Suite 410 Birmingham, AL 35242

Copyright © 2020  All Rights Reserved.