Updated as of December 2015
The information provided on Otonomy, Inc.’s (“Otonomy”, “we” or “us”) website for its product OTIPRIO®
Use of Site
Material from this site may be accessed and used solely for personal, non-commercial use, and users assume any and all responsibility for such use. Neither this site nor any portion of this site may be copied, reproduced, distributed, displayed or otherwise used or exploited for any commercial purpose without Otonomy’s written authorization. All copyright and other proprietary notices contained in materials must be preserved and retained.
You hereby agree to comply with all laws and regulations applicable to use of this site. You may not use this site to cause injury or damage to, or to harass or defame, any other business or individual, or for any other criminal or unlawful purpose, is prohibited.
The information on this site is intended for users located in the United States, should not be construed as a solicitation or promotion for any product or service, or for the use of any product or service in a way outside of the United States or that is prohibited by the laws and regulations of the United States. Users of this site assume all risk arising from use of this site.
MEDICAL OR OTHER INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IN PARTICULAR, YOU SHOULD NOT RELY UPON THE CONTENT CONTAINED HEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. DUE TO THE RAPID NATURE OF CHANGE IN MEDICAL SCIENCE, THE INFORMATION PROVIDED ON THIS SITE MAY NOT BE CURRENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION YOU OR YOUR FAMILY MAY HAVE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
This site contains forward-looking information about Otonomy’s business, operations and financial condition. Words such as “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “seeks” and similar expressions that may be used on this site are intended to identify forward-looking statements that are subject to various known and unknown risks and uncertainties beyond Otonomy’s reasonable control. Such risks and uncertainties include, but are not limited to, those arising from research and development, clinical trials, regulatory approvals, third-party reimbursement, reliance on third-party manufacturers and suppliers, commercialization, competition, patents, product liability and adequate financing. Actual results may differ materially from the forward-looking information provided, and such forward-looking information is only current as of the time it was originally included in this site.
The information on this site is not intended and should not be construed as an offer to sell securities.
We have invested a significant amount of time, effort, and resources in the creation of this site, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that Otonomy and/or its licensors retain all right, title, and interest in this site (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to this site, whether by Otonomy or users and whether in print, machine-readable, visual or audible form (altogether, “Otonomy Content”). You may access, download, display, print and retain Otonomy Content from this site solely for your own personal, non-commercial use. The Otonomy Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Otonomy, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use of any Otonomy Content, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and unfair competition laws. No license or right is intended to be conveyed to you under any trademark of Otonomy or any third party, whether by implication, estoppel or otherwise. Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. All rights not expressly granted herein are reserved.
Links / Third Party Content
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OTONOMY AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY RISK OF LOSS OR DAMAGES OF ANY KIND ARISING OR RESULTING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Void Where Prohibited
This site and its content are intended to comply with the laws and regulations in the U.S. Although the information on this site is accessible to users outside of the U.S., the information on this site pertaining to Otonomy products is intended for use only by residents of the U.S.
Termination of Usage
Arbitration and Jurisdiction
Either you or Otonomy may assert claims, if they qualify, in small claims court in San Diego, CA or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the site, or intellectual property infringement without first engaging in arbitration.You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Otonomy agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in San Diego County. Both you and Otonomy consent to venue and personal jurisdiction there.