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Phenobarbital Elixir 20mg/5mL

QTY	NDC
473 mL	13517-107-16

Terms Of Use

1. Introduction

Thank you for visiting the e5 Pharma Website (the “Website”), owned by e5 Pharma, LLC. (hereinafter “e5 Pharma,” “we,” “us” or “our”). These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to use of the Website: www.e5pharma.com. By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms of Use. You further acknowledge and agree that e5 Pharma may make this and future agreements with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid.

If you do not agree to abide by these Terms of Use, please do not use or otherwise discontinue use of the Website.

2. Modification of the Terms of Use

We reserve the right, in our sole discretion, to amend these Terms of Use, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms of Use from time to time when you use our Website to determine if any changes have been made. You can determine when the Terms of Use were last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use. If any of the provisions of these Terms of Use are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

3. No Medical Advice

Our Website is provided for informational purposes only. The Website and its content (as defined below) is not, and should not, be considered, or used as a substitute for, medical or pharmaceutical advice, care, diagnosis or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, call 911 for medical assistance.

4. User Responsibilities

As a condition of your use of the Website, you agree not to engage in the following actions:

use the Website for any purpose that is in violation of any applicable local, state or federal law or regulation, or prohibited by this Terms of Use;
take any action, or use the Website in any manner, which could damage, disable, overburden, or impair the use of the Website, or interfere with any other party’s use and enjoyment of the Website;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Website;
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to e5 Pharma or third-party content (“Content”) from the Website;. Search result pages may be printed for individual use; and
encourage or enable any other individual to do any of the foregoing.

5. e5 Pharma Trademarks

The Website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled, or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Website is and shall remain our property.

No portion of the Website may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without our prior written permission. Any trademarks, logos, service marks, and product marks displayed on the Website are our registered and unregistered marks unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.

6. License and Use

Subject to your compliance with these Terms of Use, we grant you a personal, limited, revocable, nonexclusive and nontransferable license to view, access and use the Website and its Content, solely for your personal and non-commercial use. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, rent, sell or participate in any sale of or exploit in any way, in whole or in part, the Website or its Content for commercial use.

7. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. e5 PHARMA AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, e5 PHARMA OR THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF e5 PHARMA OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN ADDITION, e5 PHARMA IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, e5 PHARMA DOES NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND e5 PHARMA DISCLAIMS ANY LIABILITY RELATING THERETO.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, e5 PHARMA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THE WEBSITE OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold e5 Pharma and Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you of these Terms of Use, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

10. Copyright Complaints

We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that anything on this Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:

e5 Pharma, LLC, 225 NE Mizner Blvd, Suite 770, Boca Raton, FL 33432, (561)288-4885 info@e5pharma.com

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

11. Suspension and Termination Rights

The Terms of Use will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms of Use at any time by destroying all materials obtained through the Website, all related documentation and all copies and installations therefore, whether made under these Terms of Use or otherwise. Your permission to use the Website automatically terminates if you violate these Terms of Use.

We may terminate or suspend any of the rights granted by these Terms of Use and your access to the Website with or without prior notice, at any time and for any reason. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law/Limitation on Disputes; and Miscellaneous.

12. Governing Law /Limitation on Disputes

e5 Pharma is the owner of the Website and is based in Florida in the United States. You expressly agree that the Terms of Use, and any dispute, claim, action, cause of action, issue, or request for relief between you and e5 Pharma arising out of or relating to e5 Pharma and these Terms of Use (“Disputes”) shall be governed in all respects under the laws of the United States and Florida exclusive of its choice of law or conflict of law provisions. You and e5 Pharma irrevocably agree to submit to the exclusive jurisdiction and venue of the courts located in Florida for all Disputes that are heard in court. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Notwithstanding the above, if a dispute arises that concerns a matter for injunctive or similar relief, for instance, if you have in any matter violated or threatened to violate the intellectual property rights of e5 Pharma, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction, whether or not it is in the State of Florida.

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

13. Miscellaneous

The Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use.

14. Contact Information

If you have any questions or concerns, please email us at info@e5pharma.com.