Terms and Conditions | Lannett Company

Terms and Conditions of Use

Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the Lannett Company, Inc. (“Lannett,” “we,” “our,” or “us”) website, located at www.lannett.com, or participating in any online features, products, services and/or programs offered by Lannett (collectively, the “Web Properties”). These Terms apply to all of our Web Properties.

These Terms do not apply to any other web page operated and/or owned by anyone other than Lannett and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.

By accessing or using the Web Properties, you agree to be bound by these Terms and all additional terms incorporated by reference. You should review these Terms regularly as they may change at any time in the sole discretion of Lannett. If you do not agree to any portion of these Terms, you should not access or otherwise use any of the Web Properties.

1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you without charge as a convenience and for your information only. By merely providing you access to and use of the Web Properties, Lannett does not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is or will be accurate or complete.

2. WEB PROPERTIES USE AND RESTRICTIONS. The Web Properties and all rights therein are and will remain with Lannett. You may view, copy or print a single copy of any page from the Web Properties solely for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not: (a) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (c) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Web Properties; (e) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (f) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (g) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (h) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (i) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.

3. UPDATES. At any time, we may, without further notice to you, make changes to the Web Properties, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms. Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.

4. PRIVACY AND ELECTRONIC COMMUNICATION. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Notice. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

5. USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access and use the Web Properties (“User Account”), the following will apply:

(a) USER ACCOUNT. For certain types of features available through the Web Properties, we require the use of encryption technologies provided for your protection. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) immediately notify Lannett of any unauthorized use of your UserID, password and/or User Account, and/or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.

(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Web Properties (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Lannett has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her UserID or password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.

(d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account in our sole discretion. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.

(e) DATA RETENTION POLICY; MANAGING YOUR INFORMATION. We may retain User Account information and some automatically collected information for as long as you use your User Account and for a reasonable time thereafter, and we may store it in the aggregate. If you would like us to delete your User Account information that you have provided, please contact us at info@lannett.com and we will respond in a reasonable time. Information that you enter into the Web Properties will generally remain there until we receive a legitimate request to remove it.

6. OBJECTIONABLE MATERIAL. You acknowledge that, in using the Web Properties and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.

7. DISCLAIMERS.

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LANNETT PROVIDES THE WEB PROPERTIES ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEB PROPERTIES OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. LANNETT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LANNETT WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS LANNETT OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF LANNETT, THE ENTIRE LIABILITY OF LANNETT AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES THAT WE DETERMINE TO BE INADEQUATE.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Lannett and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by Lannett, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.

(c) NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

(d) NO MEDICAL OR PROFESSIONAL ADVICE.

(i) The product information presented on the Web Properties is intended for use by industry professionals, health-care professionals, patients and consumers in the United States only. Countries outside the U.S. may have different regulatory requirements and review practices that may require the use and availability of different information. Lannett and its affiliates can take no responsibility for the reliance on or use of any information contained herein (see our Legal Disclaimer).

(ii) The information contained on the Web Properties: (1) are intended for general guidance on matters of interest only and shall not be a substitute for professional advice, including, but not limited to, financial, legal and medical advice, and (2) do not constitute an offer of or solicitation for the purchase of any products or services.

(iii) Any product catalog(s) available through the Web Properties has been designed as a quick reference for generic pharmaceuticals and their corresponding brand names. Some products — either brand or generic — may no longer be available on the market due to discontinuations from product portfolios or may not be available in certain jurisdictions. This product catalog may not represent our complete product portfolio due to additional product launches or product discontinuations. The products displayed on the Web Properties are intended as a reference only and should not be used for prescribing or dispensing purposes.

(iv) Patients should always obtain complete medical information about their prescription medicines (beneficial medical uses and possible adverse effects) from the information provided with a product and/or by discussing the appropriate use of any medicine(s) directly with their prescribing physician. Consumers should not construe any information on the Web Properties as medical advice. Lannett and its affiliates are not responsible for any reliance on or use of any information included herein.

(v) All labeling reflected available on the Web Properties is provided for informational and promotional purposes only. It is not intended to be used by patients or healthcare professionals for the purpose of prescribing or administering these products. Questions regarding the current content of product labeling should be directed to Lannett’s Customer Service department, at 800.325.9994.

8. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF LANNETT AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL LANNETT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF LANNETT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.

9. NOT INTENDED FOR CHILDREN AND OTHER AGE REQUIREMENTS. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

10 THIRD PARTY CONTENT.

(a) Lannett may provide hyperlinks to other websites maintained by third parties, or Lannett may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are being provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.

(b) If a third party links to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Lannett. In most cases, Lannett is not even aware that a third party has linked to or refers to the Web Properties. A third party website that links to the Web Properties: (i) may link to, but not replicate, Lannett’s Content; (ii) may not create a border environment or frame Lannett’s Content; (iii) may not imply that Lannett is endorsing it or its products or services; (iv) may not misrepresent its relationship with Lannett; (v) may not present false or misleading information about Lannett’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.

10 INTELLECTUAL PROPERTY. Lannett is the copyright owner or authorized licensee of all Content contained on the Web Properties. All trademarks and service marks of Lannett, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of Lannett, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Lannett’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Lannett’s prior written permission. Lannett aggressively enforces its intellectual property rights. Neither the name of Lannett, its subsidiaries or affiliates, nor any of Lannett other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without Lannett’s prior written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 10 (Third Party Content) of these Terms may use the name “Lannett” or the title of any Content in or as part of that link.

10 COPYRIGHT COMPLAINTS. Lannett owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Web Properties by third parties not within the control of Lannett. It is our policy not to permit materials known by us to be infringing to remain on the Web Properties. Please notify us promptly if you believe that any materials on the Web Properties infringe the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Lannett will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified or registered mail and marked “Copyright Infringement” to Lannett Customer Service, 9000 State Road, Philadelphia, Pennsylvania 19136.

10 TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to Lannett, to its partners, or to other information providers.

10 GOVERNING LAW. These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing the Web Properties, you agree that any action at law or in equity arising out of or relating to your use of the Web Properties or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Philadelphia County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

10 LOCAL LAWS. Lannett makes no representation that Content or materials on the Web Properties is appropriate or available for use in jurisdictions that are outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

10 EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

10 ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.

10 CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Properties (collectively, “Feedback”). By submitting information through the Web Properties, you agree that the information submitted will be subject to the Lannett Privacy Notice. You further agree that we may use Feedback in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you. You hereby grant Lannett a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable license and all rights to use the Feedback for any purpose we may choose.

Your Consent To These Terms

By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future.

If you signed up to receive electronic communications from us but no longer wish to do so, you may opt out of receiving electronic communications from us in the future (“opt out”) in certain situations by notifying us by email at info@lannett.com, by sending your request to the address set forth below, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt out, such as to provide you with products, features or services that you have requested from us.

If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:

Lannett Company, Inc.
9000 State Road
Philadelphia, PA 19136

Attn: Customer Care — Website Issues
215.333.9000
info@lannett.com

EFFECTIVE AS OF: July 1, 2010
LAST UPDATED: January 25, 2018