Legal Notice

Last Modified: October 6, 2019

These terms of use are entered into by and between you (“End User,” “you,” or “your”) and the owner of the website Bryn Pharma LLC (“Bryn Pharma,” “we,” “our,” or “us”) and state the material terms and conditions that govern your access to and use of www.brynpharma.com (the “Website”), including any content, functionality and services offered on or through the Website. The following terms and conditions, together with all updates, supplements, additional terms, and all the Website’s rules and policies regarding use of our Website, including the Privacy Policy, available at www.brynpharma.com/privacy (“Privacy Policy”), each of which are incorporated by reference, collectively constitute the entire “Terms of Use” between you and the Website.

Please read these Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE. IN ACCEPTING THESE TERMS OF USE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) CONSENT TO THESE TERMS OF USE; AND (C) AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE WEBSITE.

  1. THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

    • THE CONTENTS OF THE WEBSITE (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD-PARTY LICENSORS AND OTHER MATERIAL CONTAINED ON THE WEBSITE, INCLUDING INFORMATION RELATED TO MEDICAL AND/OR HEALTH CONDITIONS) ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY.
    • THE WEBSITE DOES NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS REGARDING MEDICAL TREATMENT.
    • THE WEBSITE AND THE CONTENT APPEARING ON THE WEBSITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
    • ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION OR TREATMENT.
    • NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
    • NEITHER THE WEBSITE NOR YOUR USE OF THE WEBSITE CREATES A DOCTOR/PATIENT RELATIONSHIP.
    • IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSITANCE NUMBER.
    • IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.

  2. APPLICATION OF TERMS OF USE

    • These Terms of Use apply only to information we collect via the Website and in email, text or other electronic communications sent through or provided in connection with your use of the Website. These Terms of Use DO NOT apply to information that:
      • We collect offline or through any other websites or portals not controlled by Bryn Pharma (unless such offline collection was initiated through your use of the Website)
      • You provide to, or that is collected by, any third party; or that
      • Originates from any other sources
    • Such third parties may have their own terms of use and privacy policies, which we encourage you to read before interacting with them or providing information to or through them.

  3. ELIGIBILITY

    • The Website is intended for End Users who are 18 years of age or older. If you are under the age of 18, you may only use the Website in conjunction with your parents or legal guardian or with the consent of your parents or legal guardian. By using the Website you represent and warrant that you are 18 years of age or older or meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any of the Website.

  4. CHANGES TO TERMS OF USE

    • We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms of Use at any time in order to conform them to our business practices. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website thereafter constitutes your acceptance of such changes.

  5. ACCESSING THE WEBSITE

    • We reserve the right to withdraw or amend the Website, as well as any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

  6. DATA PROTECTION AND PRIVACY

    • You agree that all information you provide through the Website is governed by the Privacy Policy, available at www.brynpharma.com/privacy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

  7. INTELLECTUAL PROPERTY RIGHTS

    • The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, and video and audio, together with the design, selection and arrangement thereof) are owned by the owner of the Website, 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.
    • We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Website solely for your personal use, throughout the United States, subject to your compliance with these Terms of Use. The Website is licensed, not sold, to you, solely for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.
    • If you take any action in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials you have made. No right, title or interest in or to the Website or any content via the Website is transferred to you, and all rights not expressly granted are reserved by the owner of the Website. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
    • These Terms of Use and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

  8. PROHIBITED USES

    • You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any of the following ways:
      • In any manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
      • To impersonate or attempt to impersonate Bryn Pharma, a Bryn Pharma employee, another user or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing);
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm Bryn Pharma or users of the Website or expose either to liability; and/or
      • To knowingly provide false, defamatory or libelous information.
    • Additionally, you agree not to do any of the following:
      • Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including a party’s ability to engage in real time activities through the Website;
      • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
      • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
      • Use any device, software or routine that interferes with the proper working of the Website;
      • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
      • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
      • Otherwise attempt to interfere with the proper working of the Website;
      • Modify copies of any materials from the Website;
      • Use any illustrations, photographs, video or audio sequences or any graphics from the Website or any text;
      • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; and/or
      • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
    • If you wish to make any use of material on the Website other than those permitted uses set out in this Section, please address your request to info@brynpharma.com.

  9. TRADEMARKS

    • The Bryn Pharma name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Bryn Pharma or its affiliates or licensors. You must not use such trademarks without the prior written permission of Bryn Pharma. Certain products, services or company designations for companies other than Bryn Pharma may be mentioned or displayed on the Website for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Website are the trademarks, registered or unregistered, of their respective owners.

  10. MONITORING AND ENFORCEMENT

    • We have the right to:
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
      • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

  11. RELIANCE ON INFORMATION POSTED

    • The information presented on or through the Website is made available solely for general information purposes. We do not warrant the timeliness, accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    • In the event the Website includes content provided by third parties or linked to from third-party websites, all statements and/or opinions expressed in these materials and all other content, other than the content provided by Bryn Pharma, are solely the opinions and the responsibility of the person or entity providing those materials. Furthermore, these materials do not necessarily reflect the opinion of Bryn Pharma. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
    • In no event will Bryn Pharma be liable for any decision made or action taken in reliance upon the information provided, including information provided by other users, through this Website.

  12. CHANGES TO THE WEBSITE

    • We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such materials.

  13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

    • The Website is governed by and operated in accordance with United States law. If you are located outside of the United States, you use this Website at your own risk. This Website is available globally, so it may be necessary to transfer any personal data shared by or collected from you when using the Website. In particular, your information will be transferred to and processed in the United States where many of our central databases operate. By using the Website, you: (a) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country, and (b) consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable privacy laws.

  14. OTHER TERMS AND CONDITIONS

    • Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  15. OTHER THIRD-PARTY SERVICES

    • Additionally, the Website may contain services and functionality provided by third parties. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using the Website, you acknowledge that your use of such third-party services is subject to the terms and conditions for such third parties, over which we have no control.

  16. LINKING TO THE WEBSITE

    • You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent, which you should review.

  17. LINKS FROM THE WEBSITE

    • If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  18. ELECTRONIC COMMUNICATIONS

    • When you send emails or other electronic messages to us or in connection with the Website, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  19. DISCLAIMER OF WARRANTIES

    • You understand that we cannot and do not guarantee or warrant that content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    • YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BRYN PHARMA NOR ANY PERSON ASSOCIATED WITH BRYN PHARMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BRYN PHARMA NOR ANYONE ASSOCIATED WITH BRYN PHARMA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    • BRYN PHARMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  20. LIMITATION ON LIABILITY

    • IN NO EVENT WILL BRYN PHARMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, ANY CONTENT UPLOADED OR SHARED TO THE WEBSITE BY THIRD PARTIES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  21. INDEMNIFICATION

    • You agree to defend, indemnify and hold harmless Bryn Pharma, the Website, its owner, and its and their affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, members, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s information or other services and products, other than as expressly authorized in these Terms of Use.

  22. GOVERNING LAW AND JURISDICTION

    • All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
    • Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Wake County, North Carolina, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  23. LIMITATION ON TIME TO FILE CLAIMS

    • ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  24. WAIVER AND SEVERABILITY

    • No waiver by Bryn Pharma of any term or condition set forth in these Terms of Use 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 Bryn Pharma to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    • If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms of Use will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Use and the remaining provisions of these Terms of Use will continue in full force and effect.

  25. ENTIRE AGREEMENT

    • These Terms of Use, Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and Bryn Pharma with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

  26. YOUR COMMENTS AND CONCERNS

    • The Website is operated by Bryn Pharma info@brynpharma.com
    • All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the email address listed above.