1. Agreement

These Terms and Conditions (these “Terms”) constitute an agreement between Corium Innovations Inc (“we,” “us,” “our,” or “Corium”), and users of this website (“you,” “your,” or “user”), and govern your access to and use of Corium’s website (the “Site”) and any of the Content (as defined below) or other information accessible through the Site. Please read these Terms carefully before using the Site.

BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR ACCESS OR USE ANY CONTENT.

We may update or modify these Terms at any time. Your continued access to and use of the Site will be deemed to constitute your acceptance of any such updates or modifications. You should review these Terms each time you visit or use the Site.

The Site is intended solely to provide information about Corium Pharma Solutions, Inc. and the services it provides. Neither this Site nor any Content constitutes medical advice or patient-specific information. All inquiries about your personal medical circumstances should be directed to your medical provider.

2. Privacy Policy

Corium cares about your privacy. We have developed a privacy policy, which governs how we may use your data (the “Privacy Policy”). The Privacy Policy that can be found at https://www.coriuminv.com/privacy/. The terms of the Privacy Policy are hereby incorporated into these Terms by reference.

3. Proprietary Rights

You acknowledge and agree that the Site, any underlying technology used in connection with the Site, and any and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, or other data available within the Site (collectively, the “Content”), are owned and provided by Corium or our third-party providers. Unless otherwise stated, all Content is the property of Corium or its third-party licensors, and you acknowledge and agree that your access to and use of the Site or any Content does not grant you an intellectual property rights in the Site or such Content.

We make no warranties or representations of any kind as to the accuracy, recency, or completeness of any Content. You agree that access to and use of the Site and any Content is at your own risk.

4. Restrictions on Use

You may not: (a) use the Site in any manner which violates these Terms (including the Privacy Policy) or any applicable law, rule, or regulation; (b) use the Site for any commercial purpose whatsoever; (c) copy, reproduce, display, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, collect in a database, or otherwise commercially exploit any Content, in whole or in part, in any manner, other than to create a single electronic copy on your computer’s hard drive or a single printed copy of portions of the Content for your personal, non-commercial use; (e) use the Site in any manner that could damage, disable, overburden, or impair our infrastructure or any Corium server, or the network(s) to which they are connected, or interfere with any third party’s use and enjoyment of the Site; (f) attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any Corium server or to the Site, through any means; (g) provide Corium any false or misleading information through the Site; or (h) obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Site.

5. Hyperlinks

The Site or Content may contain windows or hyperlinks to third-party websites or other resources. You acknowledge and agree that Corium is not responsible for the availability of any such third-party sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available through such third-party sites or resources. You further acknowledge and agree that Corium shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party site or resource.

6. Disclaimer of Warranty

WE DO NOT PROMISE THAT THE SITE, ANY CONTENT, OR ANY SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL RESULT IN ANY PARTICULAR OUTCOME. THE SITE, ALL CONTENT, AND ANY OTHER INFORMATION ACCESSIBLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CORIUM CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED OR ACCESSED THROUGH THE SITE WILL BE FREE OF VIRUSES, HARMFUL CODE, OR OTHER DESTRUCTIVE FEATURES. WE ASSUME NO LEGAL RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, LEGITIMACY, LEGALITY, VALIDITY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, ANY CONTENT, OR ANY OTHER INFORMATION OR MATERIALS PROVIDED ON OR ACCESSIBLE THROUGH THE SITE. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT, AT ANY TIME AND WITHOUT NOTICE, TO: (1) MODIFY, SUSPEND, OR TERMINATE OPERATION OF OR ACCESS TO THE SITE OR ANY CONTENT, OR ANY PORTION THEREOF, FOR ANY REASON; (2) MODIFY OR CHANGE THE SITE OR ANY CONTENT, OR ANY PORTION THEREOF, AND ANY APPLICABLE POLICIES OR TERMS; (3) MONITOR YOUR USE OF THE SITE OR ANY CONTENT; AND (4) INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.

7. Limitation of Liability

IN NO EVENT WILL CORIUM, ITS AFFILIATES, OR ANY THIRD-PARTIES MENTIONED ON THE SITE OR ANY CONTENT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY CONTENT, ANY LINKED WEBSITES, OR ANY OTHER MATERIAL, INFORMATION, OR SERVICES CONTAINED ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CORIUM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE ANY FAILURE OF ITS ESSENTIAL PURPOSE.

8. Indemnity

You agree to defend, indemnify, and hold Corium, its affiliates, and its and their respective employees, officers, directors, agents, contractors, and successors and assigns harmless from any loss, damage, liability, claim, cost, expense, or demand, including reasonable attorneys’ fees due to, or arising out of or in connection with, your use of the Site, any Content, or your breach of these Terms.

9. Suspension or Termination of Use of the Site

You acknowledge and agree that we may, in our sole discretion, terminate or limit your access to or use of the Site or any Content, at any time and without notice. You agree that we shall not be liable to you, or to any third party, for any such termination or limitation of your access to, or use of, the Site or any Content. If you breach any of these Terms, your authorization to use the Site automatically terminates, and you must immediately destroy any Content or other information or materials you may have obtained (whether in print or electronic form) through your use of the Site.

10. Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to any choice of law provisions which may dictate the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms, or the negotiation or breach thereof, shall be settled by arbitration in accordance the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Raleigh, North Carolina and shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys’ fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. Any decision by an arbitrator may be affirmed and reduced to judgment in any court of competent jurisdiction. In addition, the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys’, arbitrators’, and courts’ fees and expenses, in connection with any action or proceeding hereunder. Notwithstanding the foregoing: (a) each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator; and (b) in the event that these arbitration terms are not enforceable for any reason, any legal action or proceeding related to the Site or these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING RELATING TO THESE TERMS.

11. Miscellaneous

These Terms constitute the entire agreement between you and Corium regarding your access to and use of the Site and any Content or other information or materials accessed through the Site. You agree that these Terms take effect on your first use of the Site, and that they apply to all persons accessing the Site from your device. You agree to regularly review these Terms for changes and agree to those changes by continuing to use or view the Site. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of the Site and any Content or other information or materials accessed through the Site.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then: (a) such invalidity or unenforceability will not affect the other provisions of these Terms; and (b) such invalid or unenforceable provision will be reformed as necessary to make it valid and enforceable, in a manner that most closely approximates the original intent of such provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Notwithstanding any other provision of these Terms, Corium has available all remedies at law or in equity to enforce these Terms.