Terms & Conditions

The www.retrophin.com website (the “Site”) is provided by Retrophin, Inc. (“Retrophin”) and is subject to the terms set forth herein.  If you visit the Site, you agree to be bound by these Terms of Use.

Retrophin reserves the right to make changes at any time to these Terms of Use.  Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Name, Trademarks and Copyrights

Retrophin’s name and logo may not be used in connection with any product or service that is not Retrophin’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Retrophin.  All trademarks and service marks not owned by Retrophin that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Retrophin.  You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.

All content contained on this Site, including, but not limited to, works of authorship, articles, presentations, guides, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of Retrophin or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user of the Site any license or right in or to any copyright, trademark, trade secret or other proprietary right of Retrophin or any other person.

Use of the Site

The Site may include information regarding Retrophin and its products and services and/or other materials proprietary to Retrophin, including without limitation, articles, presentations, guides and product information, as well as links to third party websites.  You may download, view, copy and print such information and materials and any other aspect of this Site solely for your personal, non-commercial informational purposes, provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered.

You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user.  You further agree not to take any other action in connection with your use of the Site which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site. 

You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site. 

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of Retrophin.  

Unauthorized Use of the Site

Retrophin reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site.  Retrophin’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of Retrophin. 

Privacy

The terms of the Retrophin Privacy Policy are hereby incorporated as part of these Terms of Use. Retrophin Privacy Policy.

Feedback

Except to the extent otherwise expressly provided by Retrophin, any and all comments, feedback, reviews, information or other materials submitted to Retrophin through or in association with the Site, including the “Contact Us” page (collectively, “Feedback”) shall be considered non-confidential and Retrophin’s property. By submitting such Feedback to Retrophin, you agree that you assign to Retrophin, without charge, all worldwide rights, title and interest, including copyrights and any and all other intellectual property rights, in and to such Feedback, and that Retrophin shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

Links to Third Party Sites

You acknowledge that, at any time, Retrophin may provide links to the websites of third parties via the Site.  Retrophin is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Retrophin of the linked site or any content therein.  IN NO EVENT WILL Retrophin BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.  

Cautionary Note Regarding Forward-Looking Statements

This site contains statements which constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Those statements include statements regarding the intent and belief or current expectations of Retrophin and our management team.  Such forward-looking statements may include statements regarding, among other things, our ability to produce, market and generate sales of our products, our ability to develop, acquire and/or introduce new products, our projected future sales, profitability and other financial metrics, our future financing plans, our plans for expansion of our facilities, our anticipated needs for working capital, the anticipated trends in our industry, our ability to expand our sales and marketing capability, acquisitions of other companies or assets that we might undertake in the future, our operations in the United States and abroad, and the domestic and foreign regulatory, economic and political conditions, and competition existing today or that will likely arise in the future.

These statements may be identified by use of the words “may,” “should,” “expect,” “anticipate,” “estimate,” “believe,” “intend,” “seek,” or “project” or the negative of these words or other variations on these words or comparable terminology.  Actual results, performance, liquidity, financial condition and results of operations, prospects and opportunities could differ materially from those expressed in, or implied by, these forward-looking statements as a result of various risks, uncertainties and other factors, including the ability to raise sufficient capital to continue the Company’s operations.  Actual events or results may differ materially from those discussed in forward-looking statements as a result of various factors.  In light of these risks and uncertainties, there can be no assurance that the forward-looking statements contained on this site will in fact occur.  Retrophin undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events, changed circumstances or any other reason.

No Offers or Reliance

No material on this Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities of Retrophin or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.

Retrophin is not utilizing this Site to provide investment or other advice, and no information or material on this Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Retrophin MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, Retrophin DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND Retrophin IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE.  FURTHER, Retrophin MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT SHALL Retrophin, OR THE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF Retrophin (Retrophin AND ALL SUCH PERSONS, COLLECTIVELY, THE “Retrophin PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Retrophin Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Feedback provided by you to Retrophin; and/or (iv) your violation of any rights of any third party.

Modification or Discontinuance of the Site by Retrophin

At any time, without notice to you, and for any or no reason, Retrophin may modify or discontinue the Site or any content thereof. Retrophin shall in no way be held liable for any consequence which results from Retrophin’s decision to modify or discontinue providing the Site or any content thereof.

Denial of Access

Retrophin may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law

The laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court located in New York, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Retrophin’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Retrophin agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Retrophin with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Retrophin with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or Retrophin, please contact:  info@retrophin.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

Retrophin respects the intellectual property rights of others.  If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Retrophin the written information specified below. Please note that this procedure is exclusively for notifying Retrophin that your intellectual property rights have been infringed.  

Retrophin’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

12255 El Camino Real, Suite 250
San Diego, CA 92130
(760) 260-8600