Mezzion

Terms of use

Welcome to the Mezzion™ website. Mezzion Pharmacetucials, Inc. and its affiliates, wholly owed subsidiaries and successors (collectively, referred to as “Mezzion™”, “us” or “we”) provide you with access to and use of our website www.mezzion.com (the “website” or “site”) and to any of its sub-domains and related Mezzion™ sites or Mezzion™ services (our “services”). These Terms of Use (“Terms”, “Terms of Use” or “Agreement” or “Terms of Use Agreement”) govern and apply to your use of and reliance on this Mezzion™ website, as maintained by Mezzion™, as well as any service(s) offered through this Mezzion™ website. Please read these terms carefully. By accessing the site and/or services, you acknowledge that you have read and understood these Terms of Use and agree to them and to comply with them. If you do not agree to all these Terms, you may not have access to or use of the Mezzion™ website or services.

This Terms of Use Agreement contains terms and provisions that shall control how claims will be resolved between each of us. For example see the following sections below: Disclaimer of Warranties and Limitation of Liability, Limited License, Disclaimer, Indemnity, Unlawful Activity, Void where Prohibited and Governing Law and Dispute Resolution. This Terms of Use Agreement also contains a provision in which we agree to Arbitrate any and all claims between us, which will, with limited exception, require you to submit claims you have against Mezzion™ and our agents, if applicable, to binding and final arbitration that is governed and controlled by the American Arbitration Association for consumer-related disputes (“AAA”). If you initiate an Arbitration against Mezzion™, you will only be able to pursue claims on an individual basis against Mezzion™ and our agents, if applicable, and you will not be permitted to pursue claims as a plaintiff or representative or class member in any class action or proceeding, including representative, arbitration, consolidation, class or muliple-party actions or proceedings. Furthermore, you will only be able to seek relief on an individual basis. For the most part, your relief will be limited to monetary, injunctive, and/or declaratory relief. See the Arbitration terms and provision below.

USE OF WEBSITE

The information, content and materials provided on this site is for general informational and educational purposes. Certain sections of this website are intended for particular audiences including Mezzion™'s employees, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained on this website are subject to this Terms of Use agreement. By accessing and using this website, you accept, without limitation or qualification, the terms of this Agreement.

AUTHORIZED USERS

Access to certain features of our sites may be limited to authorized users (“Authorized Users”) who have registered with us to create a user account (“User Accounts”). Authorized Users may be subject to additional terms specific to the site or the services offered. If registration is required, you agree that all information you provide will be accurate, current and complete, and you will keep such information up to date. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. We reserve the right to reject or otherwise terminate access for any user at any time.

CONSENT FOR DATA COLLECTION AND USE

You agree that Mezzion™ may collect and use data that relates to your device, operating system and application that is gathered periodically to facilitate the distribution of software updates and other communications related to the application (if any). You further agree that Mezzion™ may use this data and information for continuous improvement of the application.

CONTENT

Disclaimer of Warranties and Limitation of Liability

Mezzion™ will use reasonable efforts to include accurate and up-to-date information on this site but makes no warranties or representations of any kind as to its accuracy, currency or completeness of the information presented on this Mezzion ™website.. All information presented on this Mezzion™ website is provided “AS IS”. You agree that access to and use of this site and the content thereof is at your own risk. Mezzion™ disclaims all warranties, express or implied, including any and all warranties of merchantability or fitness for a particular purpose. Mezzion™ also disclaims all warranties, express or implied of non-infringement to the full extent permitted by applicable law

Neither Mezzion™ nor any party involved in creating, producing or delivering this website 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 site, or any errors or omissions in the content thereof. This limitation includes damages to your computer equipment or for any malicious software (“malware”) such as viruses, worms, Trojans, and other malware that infect your devices or computer equipment.

Any information on this Mezzion™ website as of any particular date may or may not be accurate only as of that date and Mezzion™ disclaims any responsibility to update such information or the accuracy of such information. Mezzion™ shall not be held responsible for any action taken that is based on the information presented on this Mezzion™ website, and all users of this Mezzion™ website agree that all access and use of this Mezzion™ website, and any and all content presented on this Mezzion™ website, is at the user's own risk.

It is to be understood by all users of this Mezzion™ website that neither Mezzion™ nor any of its Directors, Officers, agents, consultants or affiliates shall be liable in any way for any direct, incidental, consequential, indirect, or punitive damages arising out of any user's access, use, or inability to use this Mezzion™ website, the services or products, or any inaccuracies, errors or omissions in the content or any dated content of or on this Mezzion™ website.

Any and all transmissions to Mezzion™ by a user of this Mezzion™ website shall be transmitted to Mezzion™ on a non-confidential basis. Thus, it is to be understood that any information, communication or material you transmit to Mezzion™ via this Mezzion™ website or Internet electronic mail is transmitted non-confidentially by you. Mezzion™ makes no representations or promises, express or implied, that it will not use any information, communication or material transmitted to Mezzion™ via this Mezzion™ website by you for any purpose whatsoever, including reproduction, publication, broadcast and posting.

MEDICAL INFORMATION

This website may contain general information relating to various medical conditions and their treatment. 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.

Thus, this Mezzion™ website does not, and is not intended to, provide medical advice or treatment, nor does it provide instruction on the appropriate use of any drug or product, including any drug or product manufactured, produced or supplied for, on behalf of or by Mezzion™, its affiliates, related companies, or its licensors or joint venture partners. Information, communications or materials on this Mezzion™ website regarding any drug or product(s) approved for marketing is qualified in its entirety by reference to the FDA-approved full prescribing information for the specific product(s). Any user of this Mezzion™ website should know that any drug(s) or product(s) under development, that may be disclosed, discussed and/or described on this Mezzion™ website, is not and has not been found safe or effective by any regulatory agency and is not approved for any use outside of clinical trials, even if such drug or product is being used in a clinical trial. Any information, communication or material presented on this Mezzion™ website should not be understood, interpreted or construed in any way as an alternative to or replacement or substitution for medical advice by your doctor or healthcare provider. It is important that you always discuss your treatment options and any questions that you may have directly with your doctor or healthcare provider.

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 post on a Mezzion™ website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Mezzion™ shall have no obligation of any kind with respect to such information. Mezzion™ shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

THIRD PARTY WEBSITES AND LINKS NEWS AND PRESS RELEASES

This Mezzion™ website may contain links, hyperlimks, or references to other websites maintained or controlled by third parties over whom Mezzion™ has no control. Such links are provided merely as a convenience. Similarly, this Mezzion™ website may be accessed from third party links over whom Mezzion™ has no control. Mezzion™ makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites 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 Mezzion™. Mezzion™ is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at such websites.

NEWS AND PRESS RELEASES

This Mezzion™ website may contain information, communications, materials, news, and/or press releases, the content of which may be accurate or current only as of the date of the particular information, news, press release, or posting. Mezzion™ will not update any press release once it has been made public or posted on this Mezzion™ website.

INTELLECTUAL PROPERTY RIGHTS

Mezzion™ are the owner or the licensee of all intellectual property rights in our site and in the content published on it.Except as expressly provided in these Terms of Use, you have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the site or any of its content. You agree that the site and its content are protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Thus, the entire content of this Mezzion™ website, including any images, photos, pictures, graphics or text, is protected by copyright. All such rights are reserved.

Mezzion™ respect the intellectual property rights of others and prohibits our users from using our services that violate those rights. Mezzion™ also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.Mezzion™ will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site. Mezzion™ has the right to remove any posting you make on our site in our sole discretion. The views expressed by other users on our site do not represent our views or values.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site or the service (“submissions“), provided by you to us are not confidential and shall become the sole property of Mezzion™. Mezzion™ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any transmissions or submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We respect copyright law. Under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide notice to our designated agent at:

Mezzion Pharmaceuticals, Inc.

Attn: Thomas G. Swetnam Jr., DMCA Agent

Gracetree Technology Group, LLC

501 5th Street

Bristol, TN 37620

United States of America

Email: Thomas.Swetnam@GracetreeLLC.com

Any DMCA notice filed with our designated agent must contain the following:

  1. Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
  2. Sufficient information allowing us to identify and locate the allegedly infringing material.
  3. Your contact information, including your address, telephone number, and email address, so that we may contact you.
  4. A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
  5. A statement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
  6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.

TRADEMARKS

The Mezzion™ company name and logos and all product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Mezzion™, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use, reproduction, copying, redistribution use, or misuse of these trademarks or any other materials, without the written permission or authorization of Mezzion™, 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. Please be advised that Mezzion™ actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

COPYRIGHTS

The entire contents of this website, including any images, photos, pictures, graphics or text are subject to and protected by copyright. The contents of this Mezzion™ website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, images, photos, pictures, graphics, text or documents contained in this Mezzion™ website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such information, images, photos, pictures, graphics, text or documents, without the express written consent of Mezzion™. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Mezzion™, or any third party.

Thus, in consideration for your agreement to these terms and conditions, Mezzion™ grants you a very limited personal, non-exclusive, non-transferable license to access and use this Mezzion™ website. You may download material from this Mezzion™ website only for personal, non-commercial use, and this Mezzion website may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of Mezzion™. It is the policy of Mezzion™ to enforce its intellectual property rights to the fullest extent permitted under law. Therefore, the use or misuse of the trademarks, service marks, logos, trade names, trade dress, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

VOID WHERE PROHIBITED

This website and its contents are intended to comply with the laws and regulations in the jurisdictions in which Mezzion™ operates. This site may link to other sites produced by Mezzion™’s operating divisions and subsidiaries, and those sites may have information that is appropriate only to that particular originating country. Mezzion™ 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 this website is void where prohibited.

FORWARD LOOKING STATEMENTS

This Mezzion™ website may contain forward-looking statements about Mezzion's™ financial and operating performance, business plans and prospects, in-line products 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 pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Mezzion™ drugs, services and products, competitive developments, the ability to successfully market both new and existing products, challenges to the validity and enforcement of Mezzion’s™ intellectual property, including its 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. Mezzion™ assumes and has no obligation to update any forward-looking statements as a result of new information or future events or developments.

PRIVACY

Mezzion™ respects the privacy of its website users. Our Privacy Policy, available at www.mezzion.com/privacy, governs what and how we collect and use your personal information, and is incorporated by reference into these Terms of Use.

LIMITED LICENSE

Mezzion™, or third parties granting rights to Mezzion™, hold all right, title, and interest in and to the materials on this site. As a user of this site, you are granted a nonexclusive, nontransferable, revocable, limited, personal license to access and use the site in accordance with these Terms of Use. You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may print off one copy and may download extracts of any pages from our site for your personal use and you may draw the attention of others within your organization to content posted on our site. You must acknowledge the authors of content from this site and may not use any part of the content for commercial purposes without obtaining a license to do so from us or our licensors. We may terminate this license at any time, for any reason. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded or printed materials.

DISCLAIMER

The Mezzion™ website is provided on an “as is” and “where is” basis, without any warranty. Mezzion™ makes no representations or warranties in connection with the site, including, but not limited to, the quality, suitability, truth, accuracy or completeness of any content, information, product or service contained on the site, and expressly disclaim all conditions, representations and warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. Mezzion™ does not represent or warrant that the site is error free or free of any malware such as viruses or other harmful components, or that defects will be remedied. Mezzion™ does not warrant or represent that the content will be correct, accurate, error-free, timely or otherwise reliable. Mezzion™ does not guarantee that our site, or any content on it, will always be available or be uninterrupted. Mezzion™ may suspend, withdraw, discontinue or change all or any part of our site without notice. Mezzion™ may make improvements and/or changes to features, functionality or content on the site at any time.

Mezzion™ will not be liable to you if for any reason our site is unavailable at any time or for any period. Mezzion™ will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or due to your downloading of any content from it, or on any site linked to it.Mezzion™ disclaims to the fullest extent permitted by law all responsibility for any loss, injury, claim, liability, or damage of any kind whether in contract, tort, breach of statutory duty, or otherwise, including, but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including, but not limited to, your use of the site or your inability to use the site, even if we have previously been advised of the possibility of such damages or such damages were foreseeable.

Mezzion™ will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage resulting from your use of the site. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. 

We take no responsibility and assume no liability for any content provided by you, another user, or third party through our services. Mezzion™ is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.

INDEMNITY

You agree to indemnify and hold harmless Mezzion™, its subsidiaries, affiliates, directors, officers, employees, consultants, suppliers, agents and third party suppliers from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising out of, resulting from or in connection with any content, any third party content you post or link to or any third party sites you link to on the site, your conduct in connection with the service or the site or with other users of the service or the site, or any violation of the Terms of Use or of any law or the rights of any third party, or any violation by you of these Terms of Use.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.

When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.

VOID WHERE PROHIBITED

This Mezzion™ website and its contents are intended to comply with U.S. laws and regulations. Even though this website and its content maybe accessible to users outside of the U.S., the content, materials and information that relate to Mezzion™ drugs, products and services are intended for use only by users/residents of the U.S. Other countries may have laws, regulations and medical practices that may differ from those of the U.S. This site may link to other Mezzion™ sites, some of which may be originate outside the U.S. Those foreign websites may have content, information or materials that apply only to that particular originating country. Mezzion™ specifically reserves the right to limit its drugs, products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any drugs, products or services Mezzion™ provides. Any offer for any drug, product or service made on this Mezzion™ website is void where prohibited.

CHILDREN

The site and any service provided are intended for use by adults. Any use of or access to the site or service by anyone under thirteen years of age (13) is not permitted and violates our Terms of Use. By using or accessing our site or service, you represent and warrant that you are 13 years of age or older and fully able to enter into and abide by all of our Terms. We may terminate your User Account and delete any profiles, content or date you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.

GOVERNING LAW AND DISPUTE RESOLUTION

This Terms of Use Agreement, your use of the Mezzion™website and any services and/or products shall be governed by the laws of the United States of America and the State of Florida without regard to its conflicts of laws principles. Any legal action, dispute, arbitration or other proceeding related to this Mezzion™ website, this Terms of Use Agreement, services and/or products shall be governed by the exclusive jurisdiction and venue of and brought exclusively in the federal and state courts of Palm Beach County, Florida, unless jurisdiction and venue are mandated elsewhere by law. Thus, you hereby waive any challenge to personal jurisdiction, venue or forum non conveniens in any such Florida courts. You further agree that this Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United of America, including their conflict laws. Thus, the laws of the State of Florida, without regard to its choice of law provisions, shall apply to and control any interpretation, construction, performance or enforcement of this Terms of Use Agreement and any Claim, dispute or legal proceeding between us, whether in an arbitration or a Florida court proceeding. 

Arbitration

For any dispute you have with Mezzion™ with respect to this Terms of Use Agreement, you agree to first contact us at contact@Mezzion.com and attempt to resolve the dispute with us informally. In the event that we are not been able to resolve your dispute, we each AGREE to resolve any claim, dispute, controversy or legal proceeding arising out of or in connection with or relating to this Terms of Use Agreement, your use of the Mezzion™website and any services and/or products, including any breach or alleged breach thereof (collectively, “Claims”), by binding, individual arbitration under the rules of the American Arbitration Association for consumer-related disputes (AAA”). You and we agree that any Arbitration between shall be governed controlled by the Consumer Arbitration Rules, which are posted at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, and not by any state arbitration law. Thus, you AGREE that any and all CLAIMS related to your relationship with Mezzion™, including without limitation, disputes related to this Terms of Use Agreement, your use of any Mezzion™ services and/or rights of privacy and/or publicity, infringement, or to any products or services sold or distributed by Mezzion™ or through Mezzion™ shall be controlled, governed and resolved by binding arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, rather than in and by a court, except that you may assert claims in a small claims court sitting in Palm Beach County, Florida, if your claims qualify. Notwithstanding, you and Mezzion™ hereby expressly waive trial by jury.

Arbitration is conducted without a judge or jury, and certain litigation rights, that we each may have, may be unavailable in an arbitration, such as discovery, rights to an appeal and review of an arbitration award, all of which are generally limited in an arbitration as compared in a litigation.

While an arbitrator for the most part has the power to award the same damages and relief as a court on an individual case-case basis, an arbitrator does not have the right or power and is not authorized to award any reliefs, damages, remedies or awards that are inconsistent or in conflict with this Terms of Use Agreement. Thus, any award by an arbitrator must be consistent with the terms and conditions of this Terms of Use Agreement.

You an Mezzion™ agree that you may bring claims only in your own name only on your behalf. Thus, we each agree that any arbitration, dispute resolution or legal proceeding between you and Mezzion™ shall be conducted only individually, on a case by case basis in Palm Beach County, Florida, if an in-person hearing is requested. You and Mezzion™ further agree that no arbitration, dispute resolution or legal proceeding shall be conducted as a class action, arbitration action, a representative action, consolidated action or the like. Thus, you agree that you have given up any and all right to participate in any type of group action, including representative, arbitration, consolidation, class or muliple-party actions, whether initiated by you or not.

To commence Arbitration under this Terms of Use Agreement and under the Consumer Arbitration Rules of the AAA, you must first submit in writing a Demand for Arbitration to Mezzion™. The Demand for Arbitration must, amongst other things, (a) explain the dispute, (b) list the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business, (c) specify the amount of money in dispute, if any, (d) identify Palm Beach County for the hearing, if an in-person hearing is requested, and (e) state what you want. You must also send one copy of the Demand for Arbitration to the AAA at the same time the Demand for Arbitration is sent to Mezzion™. When sending a Demand for Arbitration to the AAA, you must also send (1) a copy of this Terms of Use Agreement, inclusive of our arbitration agreement, and (2) the correct Arbitration filing fee, which is provided in the Costs of Arbitration section at the end of the Consumer Arbitration Rules at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

You must pay the Arbitration filing fee before the AAA considers your Demand for Arbitration properly filed. You may file your payment and Demand for Arbitration by:

(1) Mail. The mailing address of the AAA’s Case Filing Services is:

American Arbitration Association

Case Filing Services

1101 Laurel Oak Road, Suite 100

Voorhees, NJ 08043

(2) Online using the AAA WebFile at https://www.adr.org

(3) By hand at any of the AAA’s offices.

You and Mezzion™ agree that each party shall pay for its own costs to Arbitrate and that any Arbitration, dispute resolution or legal proceeding related to this Mezzion™ website, the services, products, and/or this Terms of Use Agreement shall be brought and take place exclusively in Palm Beach County, Florida.

Unless we agree otherwise, should an arbitrator or court determine that our agreement to Arbitrate does not apply to you or to any Claim, dispute or legal proceeding, you agree that any such Claim, dispute or legal proceeding that has arisen or may arise between you and Mezzion™ shall be resolved exclusively by a state or federal court located in Palm Beach County, Florida, except where the jurisdiction and venue are mandated by law, as agreed above. Thus, you hereby waive any challenge to personal jurisdiction, venue or forum non conveniens in any such Florida courts. You further agree that this Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United of America, including their conflict laws. Thus, the laws of the State of Florida, without regard to its choice of law provisions, shall apply to and control any interpretation, construction, performance or enforcement of this Terms of Use Agreement and any Claim, dispute or legal proceeding between us, whether in an arbitration or a Florida court proceeding. As agreed to above, we each expressly agree to waive any right to a jury a trial in the event should any Claim, dispute or legal proceeding between you and Mezzion™ go forward in a court of law.

COOKIES POLICY

Introduction

Mezzion™ uses cookies on the Mezzion™ website. By using the Mezzion™ website, you consent to the use of cookies, unless you take specific steps to opt out as described below. This Mezzion™ Cookies Policy explains what cookies are, how Mezzion™ uses cookies, how third­parties Mezzion™ may partner with may use cookies on the Mezzion™ website, your choices regarding cookies and further information about cookies.

Insofar as those cookies are not strictly necessary for the provision of the Mezzion™ website and Mezzion™ services, Mezzion™ will ask you to consent to or reject Mezzion’s™ use of cookies when you first visit the Mezzion™ website. If you ignore or do not respond to this Mezzion™ request, then by using the Mezzion™ website, you consent to the use of any and all cookies.

About Cookies

Cookies are small pieces of text sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. In other words, a cookie is a file containing an identifier (a string of letters and numbers) that is sent by your web browser by a website you visit.

A cookie file is stored in your web browser and allows the Mezzion™ website or a third­party to recognize you and make your next visit easier and the use of the Mezzion™ website more useful to you.

Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

How Mezzion™ uses Cookies

When you use and access the Mezzion™ website, Mezzion™ may place a number of cookies files in your web browser.

Mezzion™ uses cookies for the following purposes: to enable certain functions of the Mezzion™ website, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral

advertising. Mezzion™ uses both session and persistent cookies on the Mezzion™ website, and Mezzion™ uses different types of cookies to run the the Mezzion™ website. For example, Mezzion™ may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-­Party Cookies

In addition to Mezzion’s™ own cookies, Mezzion™ may also use various third­ parties’ cookies to report usage statistics of the Mezzion™ website, deliver advertisements on and through the Mezzion™ website, and so on.

 

Cookies Used by Mezzion™

Mezzion™ uses cookies for the following purposes:

Mezzion™ uses cookies to help Mezzion™ analyze the use and performance of the Mezzion™ website and services.

Cookies Used by Mezzion's™ Service Providers

Mezzion’s™ service providers use cookies and those cookies may be stored on your computer when you visit the Mezzion™ website.

Mezzion™ uses Google Analytics to analyse the use of the Mezzion™ website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to Mezzion’s™ website is used to create reports about the use of the Mezzion™ website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

Managing Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

https://support.google.com/chrome/answer/95647?hl=en (Chrome);
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
http://www.opera.com/help/tutorials/security/cookies/ (Opera);
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
https://support.apple.com/kb/PH21411 (Safari); and
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on this Mezzion™ website.

Mezzion™ Details

This Mezzion™ website is owned and operated by Mezzion Pharmaceuticals, Inc.

We are registered in Delaware under registration number 5922695, and our registered office is at 520 Lake Cook Rd., Suite 250, Deerfield, IL 60017.

Mezzion’s™ principal place of business is 520 Lake Cook Rd., Suite 250, Deerfield, IL 60017.

You can contact Mezzion™ by:

MODIFICATIONS

We reserve the right to change these Terms of Use at any time by updating this posting. Updated versions of these Terms of Use will appear on the site and are effective immediately. We may, but are not required, to notify you of changes to these Terms, so you are responsible for viewing these Terms regularly. Should we significantly change the manner in which we collect, process or share your personal information, we will provide a specific notice to you before such changes are implemented. We will additionally ask for you acknowledge and accept those changes on the website, however, continued use of the site after any such changes constitutes your consent to such changes.

SEVERABILITY

The Terms of Use constitute the entire agreement with respect to access to and use of the site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining portion of these Terms of Use. Mezzion™ specifically reserves the right to change, alter or delete content, information or materials from this Mezzion™ website at any time at its sole discretion.

How to Contact Us:

Mezzion Pharmaceuticals Inc.
Attention: General Counsel, Legal Department
520 Lake Creek Rd.
Suite 250
Deerfield, IL 60015

Updated March 1, 2019

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