Welcome to the Impax Laboratories, Inc. Web site. The information provided on this site is for general informational and educational purposes only. Please read and review these Legal Notices carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Legal Notices Agreement. If you do not agree to the Legal Notices, you may not access or use the site.
Conditions of Use. Impax Laboratories, Inc. (“Impax”) provides this Web site for your personal information. You may browse or download any materials on this Web site for your personal, non-commercial use only. All content of this Web site is owned or controlled by Impax or its affiliates and is protected by all applicable copyright laws. All copyright and other proprietary notices contained in downloaded materials must be retained. Through your access to and use of this Web site, you accept, without limitation or qualification, all terms and conditions of this Legal Notices section, as may be amended from time to time.
Content. Impax will use reasonable efforts to include accurate and up-to-date information on this Web site 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 Web site and the content thereof is at your own risk. Impax disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Impax nor any party involved in creating, producing or delivering this Web site 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 Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.
Governing Laws. This Legal Notices Agreement and your use of the Web site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.
Although it may be accessed worldwide, this Web site and its content are intended only for residents of the United States. This Web site may contain links to other sites produced by Impax’s affiliates, some of which are located outside the United States. Those sites may have information appropriate only to the particular country in which the originating affiliate and site are based. Nothing in this Web site should be interpreted as a promotion or solicitation for any product that is not authorized by the laws and regulations of the country where you are located.
No Medical Advice. This Web site 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.
Unsolicited Submissions. Under no circumstances should you use this Web site or any of the telephone numbers, fax numbers, or mailing addresses listed on this Web site to send Impax confidential or proprietary information. Your unsolicited communications to us, including any proposals, data, questions, comments or similar such materials and information, other than the personal information described above, will be treated as non-confidential and nonproprietary information and do not establish or imply any confidential relationship between you and Impax. Impax reserves the right to use any such communications, including without limitation, any ideas, concepts, know-how, processes or techniques for any purpose whatsoever, including by reproducing, disclosing and distributing such information or otherwise using such information in connection with the development, manufacture and marketing of products or services.
Links to Other Sites. As a convenience, from time to time Impaxlabs.com may contain certain links to Web sites that we think may be useful or of interest to you. The owners of this site do not regularly review materials posted on any linked or referenced sites nor do the owners of this site review any linked or referenced sites’ privacy practices or its collection of personal information of visitors. Impax shall not be liable for any damages or injuries arising from the content on a linked or referenced site or the collection, maintenance, or distribution of personal or other information on a linked or referenced site, whether actively or passively obtained.
User Chat Rooms / User Participation. Impax is under no obligation of any kind to monitor or review any chat rooms, bulletin boards or other similar areas on the website as well as the content of any such communications. Impax does not take any responsibility or liability associated with the content of any such communication platforms, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. You are explicitly prohibited from transmitting or posting any unlawful, libellous, threatening, obscene, pornographic or profane material or any material violating the law. Please note that Impax will fully cooperate with any court order or law enforcement authorities requesting Impax to disclose the identity of any person transmitting or posting such material. In addition, Impax reserves the right to, but is not bound to do so, remove or block any communications or material that it considers to be (i) abusive, obscene, deceptive, misleading, offensive or defamatory, (ii) in violation of any intellectual property right, such as copyrights or trademark, (iii) in violation of any law or regulation, or (iv) otherwise unacceptable to Impax at its sole discretion.
Trademarks. All product names, trademarks, logos and service marks (collectively referred to as “Trademarks”) displayed on this Web site are the property of Impax Laboratories, Inc., its affiliates, related companies, licensors or business partners. The use or misuse of these Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of the laws of copyright, trademark, privacy, publicity, slander, libel and communications. Please be advised that Impax actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Images of people or places displayed on this Web site are either the property of, or used with permission by, Impax. The use of these images by you is prohibited unless specifically permitted by the terms and conditions of this Web site. Unauthorized use of the images may violate the laws of copyright, trademark, privacy, publicity and communications.
Indemnification. You agree to indemnify, defend and hold harmless Impax, 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 Legal Notices.
Forward Looking Statements/“Safe Harbor” Statement Under the Private Securities Litigation Reform Act of 1995. To the extent any statements made in this Web site contain information that is not historical, these statements are forward-looking in nature and express the beliefs and expectations of management. Such statements are based on current expectations and involve a number of known and unknown risks and uncertainties that could cause Impax’s future results, performance, or achievements to differ significantly from the results, performance, or achievements expressed or implied by such forward-looking statements. Such risks and uncertainties include, but are not limited to, fluctuations in Impax’s operating results and financial condition, the volatility of the market price of Impax’s common stock, Impax’s ability to successfully develop and commercialize pharmaceutical products in a timely manner, the impact of competition, the effect of any manufacturing or quality control problems, Impax’s ability to manage its growth, risks related to acquisitions of or investments in technologies, products or businesses, the risks related to the sale or closure of Impax’s Taiwan manufacturing facility, effects from fluctuations in currency, exchange rates between the U.S. dollar and the Taiwan dollar, risks relating to goodwill and intangibles, the reduction or loss of business with any significant customer, the substantial portion of Impax’s total revenues derived from sales of a limited number of products, the impact of consolidation of Impax’s customer base, Impax’s ability to sustain profitability and positive cash flows, the impact of any valuation allowance on Impax’s deferred tax assets, the restrictions imposed by Impax’s credit facility and indenture, Impax’s level of indebtedness and liabilities and the potential impact on cash flow available for operations, the availability of additional funds in the future, any delays or unanticipated expenses in connection with the operation of Impax’s manufacturing facilities, the effect of foreign economic, political, legal and other risks on Impax’s operations abroad, the uncertainty of patent litigation and other legal proceedings, the increased government scrutiny on Impax’s agreements to settle patent litigations, product development risks and the difficulty of predicting FDA filings and approvals, consumer acceptance and demand for new pharmaceutical products, the impact of market perceptions of Impax and the safety and quality of Impax’s products, Impax’s determinations to discontinue the manufacture and distribution of certain products, Impax’s ability to achieve returns on its investments in research and development activities, changes to FDA approval requirements, Impax’s ability to successfully conduct clinical trials, Impax’s reliance on third parties to conduct clinical trials and testing, Impax’s lack of a license partner for commercialization of Numient® (IPX066) outside of the United States, the impact of illegal distribution and sale by third parties of counterfeits or stolen products, the availability of raw materials and impact of interruptions in Impax’s supply chain, Impax’s policies regarding returns, rebates, allowances and chargebacks, the use of controlled substances in Impax’s products, the effect of current economic conditions on Impax’s industry, business, results of operations and financial condition, disruptions or failures in Impax’s information technology systems and network infrastructure caused by third party breaches or other events, Impax’s reliance on alliance and collaboration agreements, Impax’s reliance on licenses to proprietary technologies, Impax’s dependence on certain employees, Impax’s ability to comply with legal and regulatory requirements governing the healthcare industry, the regulatory environment, the effect of certain provisions in Impax’s government contracts, Impax’s ability to protect its intellectual property, exposure to product liability claims, changes in tax regulations, uncertainties involved in the preparation of Impax’s financial statements, Impax’s ability to maintain an effective system of internal control over financial reporting, the effect of terrorist attacks on Impax’s business, the location of Impax’s manufacturing and research and development facilities near earthquake fault lines and expansion of social media platforms. Forward-looking statements speak only as to the date on which they are made, and Impax undertakes no obligation to update publicly or revise any forward-looking statement, regardless of whether new information becomes available, future developments occur or otherwise. A further list and description of these and other risks, uncertainties and other matters can be found in Impax’s most recent Annual Report on Form 10-K and subsequent Exchange Act reports, all of which are available on this Web site and at www.sec.gov.
Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Impax reserves the right to alter or delete materials from this Web site at any time at its discretion.
Copyright © Impax Laboratories, Inc. 2018. All Rights Reserved. The entire contents of this Web site are subject to copyright protection. The contents of Impax Web sites 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, text or documents contained in this Web site or any portion thereof 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 Impax. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Impax, or any third party.