Responsive in our Service

Terms of Use

Posted on 08/27/2014

Web Site Terms of Use and Legal Restrictions

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

As used on this web site, “Pernix,” “Pernix Therapeutics,” and “the Company” refer to Pernix Therapeutics Holdings, Inc., a Maryland corporation.

Acceptance of Contract Terms

The following are terms of a legal agreement between you and Pernix. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Pernix from its office located within the United States. Pernix makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New Jersey, United States of America.

Use Restrictions

The copyright in all material provided on this Site is held by Pernix or used by Pernix under the permission of the copyright holder. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pernix or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only and subject to the conditions that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination of the permission granted hereby, you will immediately destroy any downloaded and printed materials. You also may not, without Pernix’ permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Pernix’ proprietary rights in them.

Trademarks

The Pernix name and logo are registered trademarks of Pernix Therapeutics Holdings, Inc. or its subsidiaries. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Pernix and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Pernix aggressively enforces its intellectual property rights to the fullest extent of the law. Neither the name of Pernix Therapeutics nor the Pernix logo may be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Pernix prohibits use of the Pernix logo as a “hot” link to any Pernix site unless establishment of such a link is approved in advance by Pernix in writing.

Forward-Looking Statements

This website may contain forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. The words “may,” “anticipate,” “believe,” “expect,” “estimate,” “project,” “suggest,” “intend,” and similar expressions are intended to identify forward-looking statements. Such statements are subject to certain risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those anticipated, believed, expected, estimated, projected, suggested or intended. For additional information on such risks, uncertainties and assumptions, see “Part I—Item 1. Business” and “Part I—Item 3. Legal Proceedings” included in Pernix’ most recently filed annual report on Form 10-K and its subsequently-filed quarterly reports on Forms 10-Q and current reports on Form 8-K and other risks and uncertainties described in Pernix’ filings with the Securities and Exchange Commission.

Although we believe that the expectations reflected in the forward-looking statements are reasonable, we cannot guarantee future results, levels of activity, performance or achievements. We are not under any duty to update any of the forward-looking statements on this web site to conform these statements to actual results, unless required by law.

No Advice Provided

The Site may, from time to time, contain information relating to various medical conditions, treatments, and pharmaceuticals. This Site does not purport to provide you with medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof. Unless otherwise noted, product names, descriptions, and labeling are of US origin. Products may not be available in all countries or may be available under a different name, in different strengths, or for different indications.

Disclaimer of Warranty

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PERNIX DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PERNIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. PERNIX SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJUSRY RESULTING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THIS SITE OR FROM RELIANCE ON ANY CONTENT OF THIS SITE.

IF ANY OF THE ABOVE EXCLUSIONS OF WARRANTIES IS UNENFORCEABLE, THE OTHER EXCLUSIONS LISTED ABOVE WILL STILL BE GIVEN EFFECT TO THE FULL EXTENT OF APPLICABLE LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PERNIX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PERNIX OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Transmissions to This Site

Any material, information or idea you transmit to Pernix or post on this Site by any means including, without limitation, concepts, know-how, techniques or the like contained in any communication you send to Pernix will be treated as non-confidential and non-proprietary, and may be disseminated or used by Pernix or its affiliates for any purpose whatsoever, without limitation and without compensation, including, but not limited to, developing, manufacturing and marketing products. Pernix shall not be required to respond to any e-mail or other communications. To the extent that the foregoing provisions conflict with the terms of a separate written and signed agreement between you and Pernix, the terms of such agreement will control. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Third Party Links

This Site may contain hyperlinks to certain third party web sites. We do not maintain or control such third party sites and any hyperlinks are provided solely as a convenience to you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked web sites is not part of this Site. We do not review or control the content of third party sites. We expressly disclaim any responsibility for the content of any third party sites linked to this Site. We urge you to use discretion when you access any third party sites linked to our site.

Anonomous Data and “Cookies”

We may collect and process anonymous information about your visit to this Site, such as some of the pages you visit and some of the searches you perform. Such anonymous information is used by us to help improve the contents of the Site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In doing this, we may install “cookies.”

Information released through Social Media

News releases, financial statements and others posted on our external website will be the information officially announced by Pernix. Pernix’s Corporate Social Media Accounts are listed below. Any information posted through any other social media accounts, including, without limitation any Pernix employees’ social media accounts do not necessarily express Pernix’s official views. No social media accounts, other than those listed below, are officially recognized or endorsed by Pernix.

Revisions to Terms of Use

Pernix may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Miscellaneous

The Terms of Use of this website shall constitute the entire agreement between you and Pernix and shall supersede any and all prior terms of use or agreements between you and Pernix relating to the use of the website.

No waiver of any breach of the Terms of Use, whether by conduct or otherwise, shall be deemed to be a waiver of another or subsequent breach of the Terms of Use. If Pernix fails to enforce any breach of the Terms of Use, such failure shall not be deemed to be a waiver of Pernix’ right to subsequently enforce any subsequent breach.

If any term or condition of the Terms of Use shall be held illegal, invalid or unenforceable, the remaining terms and conditions of the Terms of Use shall not be affected thereby and such terms and conditions shall be valid and enforceable to the fullest extent permitted by law.