Acceptance of the Terms of Use

Welcome to the website of Phytecs (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website accessible at www.phytecs.com (the “Website”) including your access to and interaction with any images, data and other content, whether graphical, textual, audio or video available on or through the Website (together, the “Content”). Access to and use of the Website is offered and available only to those that agree to these Terms of Use and abide by them, and therefore, you must read these Terms of Use carefully before you continue accessing the Website. By accessing the Website, you acknowledge that you have read and understood these Terms of Use and that you accept and agree, without limitation or qualification, to be bound and abide by them. If you do not agree to these Terms of Use, you may not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole and absolute discretion. All changes are effective immediately when posted. Your continued access and use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you

Content

The Content is for general informational and educational purposes only. Certain sections of the Website are intended for particular audiences including members of the health care community and the general public. Phytecs will use reasonable efforts to update the Content as is reasonable but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Website is at your own risk. Phytecs disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Phytecs nor any party involved in creating, producing or delivering this Website or the Content shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Website or the Content, or any errors or omissions in the Content. This limitation includes damages to, or for any viruses that infect your computer equipment.

Healthcare Information

This Website may contain general information relating to various medical conditions. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Privacy

Phytecs respects the privacy of its Website users. Please refer to Phytecs’ Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Website.

Third Party Sites and Links

This Website may contain links or references to other sites maintained by third parties over whom Phytecs has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over which Phytecs has no control. Phytecs makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on or made available through such third party sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Phytecs.

Forward Looking Statements

This Website may contain forward-looking statements about Phytecs’ development roadmap, market opportunities and prospects, and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in research and development; decisions by regulatory authorities regarding whether and when to approve drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Phytecs’ products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. Phytecs assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Phytecs shall have no obligation of any kind with respect to such information. Phytecs shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever in its sole and exclusive discretion, including but not limited to, developing, manufacturing and marketing products and seeking intellectual property protection for any inventions and nomenclature associated with such products.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Phytecs, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. By accessing this Website, you understand and acknowledge that Phytecs actively and aggressively enforces its intellectual property rights to the fullest extent permitted by law.

Copyrights

The Content is subject to copyright protection. No Content may be copied other than for noncommercial, individual reference with all copyright or other proprietary notices retained, and any use that qualifies as such noncommercial, individual reference may not be recopied, reproduced or otherwise redistributed. Except as expressly provided herein, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any Content in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Phytecs, and such consent may be withheld by Phytecs in its sole and exclusive discretion. Nothing contained herein shall be construed as conferring to you or any third party by implication, estoppel or otherwise any license or right under any patent or trademark of Phytecs, or any third party.

Indemnification

You agree to indemnify, defend and hold harmless Phytecs, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Void Where Prohibited

Different countries may have laws, regulatory requirements, and medical research practices that differ from those in the United States. Phytecs reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on or through this Website is void where prohibited.

Governing Laws

These Terms of Use, your use of the Website, and your interaction with the Content are all governed by the laws of the United States and the State of California without regard to conflicts of laws principles. Any legal action or proceeding related to this Website or the Content shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Miscellaneous

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of any and all remaining provisions. Phytecs reserves the right to alter or delete any part of the Content at any time, without notice, in its sole and exclusive discretion.