Terms of Use for Websites of Endo Pharmaceuticals

Effective Date: 22 June, 2018

Please read these Terms of Use (“Terms”) carefully. If you use this website or any other website on or in which these Terms are posted (“Site”), you are agreeing to abide by these Terms. This Site provides general information about Endo International plc. and its subsidiaries ("Endo" or “we”).

Noncommercial Use and Ownership

This Site is produced by Endo. Endo and its licensors own all images, text and materials that are part of or available on or through the Site (“Content”). Content is protected by copyright and/or other intellectual property laws. You may copy and use Content for noncommercial use only and may not download, distribute, store, reuse, repost, modify or otherwise use Content except as provided herein without the express written permission of Endo. Unauthorized reproduction of the Site is strictly prohibited. You agree to abide by all copyright notices, trademark rules, information and restrictions contained in any copy of Content that you make and not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Content.

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including the Endo logo, are trademarks and/or service marks (“Marks”) owned by or licensed to Endo or its subsidiaries or affiliates. Use of the Marks, except as permitted herein, is expressly prohibited. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, Mark or other proprietary right of Endo or any third party.

Use of the Site

You may use the Site for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party's use and enjoyment of the Site.

You may not attempt to gain unauthorized access to the Site or our computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not and you agree not to encourage or allow any third party to:

  • copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Site;
  • use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site (or any features or functionality of the Site) to any third party for any reason; or
  • reformat or frame any portion of the web pages that are part of the Site.

You are solely responsible for any and all charges, fees and other costs related to use of the Site. If you access and use the Site on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider.

Site is for Use in U.S. Only

The Site contains information about products that may or may not be available in any particular country or region of the world, may be available under different names or Marks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Although accessible by others, the U.S. product information on Endo and the Site is intended for use by US residents only. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product outside the United States.

Not Medical Advice

The Content, including all medically-related information, is for informational purposes only. Please confirm all Content with other sources and with your physician and professional healthcare providers. We do not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Site.

THE SITE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.

Disclaimer

Endo offers the Site (which for clarification includes Content) for general educational and informational purposes only. Although we try to make sure that Content (including transcripts of events) is accurate, we cannot and do not guarantee its accuracy.

The Site should not be considered as a replacement for consultation with Endo representatives. Endo's US Customer Support Center can be reached by calling the following number (in the US): 1-800-462-ENDO (3636).

While Endo has endeavored to make sure that the Site is accurate, Endo does not and cannot guarantee the accuracy, completeness or reliability of the Site. Your use of the Site is at your own risk. Endo does not warrant that the Site is accurate, complete, reliable or error-free.

THE SITE IS PROVIDED AS IS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Any oral or written advice provided by Endo or its agents does not and will not create any warranty.

Information sent to Endo

If you submit any feedback, data, graphics, questions, comments, suggestions or the like to Endo (“your submissions”), Endo will treat your submissions as non-confidential and non-proprietary. You are the owner of and are responsible for your submissions but grant Endo and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your submissions in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Site and our products without further notice to or consent from you.

By submitting your submissions, you represent and warrant that:

  • Your submissions are true and accurate;
  • You own or otherwise control all of the rights to your submissions, including copyrights and trademarks, necessary to meet your obligations to Endo under these Terms;
  • Your submissions are not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
  • Your submissions do not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

Links to Other Websites

Endo may provide links to other websites. Links to other websites are provided only as a convenience to users of the Site. We cannot guarantee, and do not monitor, the content of any website to which we provide a link or reference. The inclusion of a link does not imply endorsement by Endo of the linked site or any association with the operators of the linked site. Endo does not investigate, verify or monitor linked sites. You access linked sites at your own risk and subject to the legal provisions applicable to the linked sites. Endo has no liability for any alleged or actual damages or injury arising from a user's access to linked sites.

Your Privacy

Endo is committed to respecting the privacy of visitors of the Site. Please see our Privacy Policy for more information.

Children

The Site is not intended for use by children. We do not knowingly collect personally identifiable information from or about children.

Changes to these Terms

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance written notice of material changes to these Terms and will not make changes that have a retroactive effect on your privacy rights unless we are legally required to do so or to protect other users' use of the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.

Additional Terms

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to the Additional Terms, then you may not use the Site to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will control for the Site to which the Additional Terms apply.

Forward-Looking Statements

We have made forward-looking statements on this website 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. These statements are about our estimated or anticipated future results, product performance and other non-historical facts and are based on our management's beliefs and assumptions, current expectations, estimates and projections. We have tried, whenever possible, to identify such statements by the words “believes”, “anticipates”, “plans”, “expects”, “forecast”, “projected”, “intends”, “will”, “may” or similar forward-looking statements. Many of the factors that will determine the Company's future results are beyond the ability of the Company to control or predict. These statements are subject to risks and uncertainties and, therefore, actual results may differ materially from those expressed or implied by these forward-looking statements. The reader should not rely on forward-looking statements. Important factors that may affect future results include, but are not limited to, our ability to obtain regulatory approval of any of our pipeline products and to successfully develop, commercialize and market new products; competitive developments; government regulation of the pharmaceutical industry and the effect of healthcare reform on our business; our ability to sustain our sales and profit on generic pharmaceutical products over time; our ability to maintain our manufacturing facilities in compliance with regulatory requirements; our dependence on a small number of branded pharmaceuticals products with time-limited exclusivity rights; our dependence on outside manufacturers for the manufacture of most of our branded pharmaceuticals products; our dependence on third parties to supply raw materials and to provide services for certain core aspects of our business; new regulatory action or lawsuits relating to our use of narcotics in most of our core products; our exposure to product liability claims and product recalls and the possibility that we may not be able to adequately insure ourselves; our ability to protect our proprietary technology; our ability to successfully implement our acquisition and in-licensing strategy; regulatory or other limits on the availability of controlled substances that constitute the active ingredients of some of our products and products in development; the availability of third-party reimbursement for our products; the outcome of any pending or future litigation or claims by third parties or the government; our dependence on sales to a limited number of large pharmacy chains and wholesale drug distributors for a large portion of our total revenues; significant litigation expenses, including to defend or assert patent infringement claims; any interruption or failure by our suppliers, distributors and collaboration partners to meet their obligations pursuant to various agreements with us; a determination by a regulatory agency that we are engaging or have engaged in inappropriate sales or marketing activities, including promoting the “off-label” use of our products; our ability to successfully execute our strategy; our ability to successfully integrate and realize all anticipated benefits of our acquisitions, including the projected synergies of these acquisitions; the risks associated with our international operations, and other risks and uncertainties detailed in Endo's filings with the Securities and Exchange Commission available at www.sec.gov, including our most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K. Readers should evaluate any statement in light of these important factors. The Company undertakes no obligation to update any forward-looking statements whether as a result of new information, future events or otherwise.

Dispute Resolution

This Privacy Policy and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws. You acknowledge and agree that any legal action or proceeding between you and Endo for any purpose concerning this Privacy Policy shall be brought exclusively in a federal or state court of competent jurisdiction in the State of New York. Any claim arising out of these Terms must be brought within one (1) year of the date on which the claim arose.

YOU AND ENDO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Endo under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION WHERE YOU RESIDE.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

Termination

You may stop using the Site at any time. We also may stop providing the Site or create limits on use of the Site, whether specifically to you or generally. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

Notice to California Residents

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

California Code Section 1798.83 permits individual California residents to opt out of Endo’s disclosure of Personal Data to third parties for their direct marketing purposes. California law also permits residents of California to request and obtain from us once per year, free of charge, a list of the third parties (if any) to whom we have disclosed Personal Data for their direct marketing purposes in the prior calendar year, as well as the type of Personal Data disclosed to those third parties. Please note, however, that Endo does not disclose your Personal Data to third parties for their direct marketing purposes. If Endo changes this policy, we will update this provision and provide instructions on how you may make a request for details concerning such information. Please contact us with questions.

If the Site are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

  • The provider of the Site is: 1400 Atwater Drive, Malvern, PA 19355
  • To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Endo via e-mail at privacy@endo.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Site of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Please see our Privacy Policy for information about your privacy rights.

General Legal Terms

  • These Terms, which incorporate our Privacy Policy contain the entire understanding by and between Endo and you with respect to the Site.
  • Your affirmative act of using and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
  • You agree that we may send you notice via email to the email address associated with your Account and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
  • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
  • If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
  • Nothing contained in these Terms will be deemed to constitute Endo or you as the agent or representative of the other or as joint venturers or partners.
  • These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
  • Headings and captions are for convenience only.

How to Contact Endo

Endo's US Customer Support Center can be reached by calling the following number (in the US): 1-800-462-ENDO (3636).

1400 Atwater Drive, Malvern, PA 19355