Terms of Use

Last Updated: August 2023

1. Terms and Conditions of Use

Aktiv Pharma Group (“Aktiv,” “we,” “us”, “our”) provides and makes available this website (the “Website”). All use of the Website is subject to the terms and conditions contained in the Terms of Use (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not, and are not permitted to, access, browse or use the Website.

You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Website. The revised terms and conditions will become effective at the time of posting. Any use of the Website after such date constitutes your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing or otherwise using the Website.

Your access to and use of the Website is also subject to our Privacy Notice, which is hereby incorporated herein by reference.

Nothing on this Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of this Website is at your own risk.

2. Use of the Website

Medical Information/Conditions. Any information posted on this Website related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or other health care provider. Nothing on this Website is intended to act as professional medical advice. If you are a patient in a medical emergency, please seek emergency treatment from a doctor or other health care provider instead of reviewing information on this Website. We do not offer medical diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if a particular medical treatment is appropriate for you.

Always seek the advice of your doctor or other qualified health care provider before starting any new treatment or with any question that you may have about a medical condition.

Content. The structure, code and organization of this Website are proprietary to us. This Website contains material, including but not limited to software, text, graphics and images (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with one or more third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of any Content may violate copyright, trademark or other laws. You have no rights in or to any Content, and you will not use, copy or display the Content except as permitted in this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify any Content or reproduce, display, publicly perform, make a derivative work of, distribute or otherwise use any Content in any way for any purpose, including without limitation any public or commercial purpose. The use or posting of any Content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any part of this Agreement, your right to access and/or use any Content or the Website shall automatically terminate and you shall immediately destroy any copies you have made of any Content.

Certain Prohibitions. You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (d) delete or alter any material posted on the Website by Aktiv or any other person or entity, (e) frame or link to any of the materials or information available on the Website or (f) distribute any virus, Trojan horse, disabling device, time bomb or other code that may impact the operation of the Website, or use the Website to distribute any of the foregoing.

Social Media. We may use social media accounts from time to time. If you use any social media to communicate with us, please be aware that the terms and privacy policies of the applicable social media platform will govern those communications with us, in addition to this Agreement. Information that you make available on a social media platform may be made available publicly, so we recommend that you not provide us with any information via any social media that you do not feel comfortable making available publicly. We welcome your mentions, replies, comments, likes, suggestions or shares, but please note that any content that you provide to us via a social media channel may be used by us without restriction and without any obligation of payment to you. We will use reasonable efforts to respond to your comments. We may remove or not approve a comment for any reason or no reason, including if it the comment includes vulgar, defamatory, racist, pornographic, violent or other content. There are certain questions or comments that we will not respond to, including without limitation financial data or data on progress of our clinical trials. If we follow any other person’s account, that is not an endorsement. We reserve all rights in relation to use of social media platforms. We do not offer medical diagnosis or treatment via our social media accounts.

Privacy and Cookies. The Website uses cookies to improve the site and user experience. By continuing to browse our site, you agree to our use of cookies. If you require further information on our use of Cookies, visit our Cookies Policy. If you wish to receive further information on our use of personal data in general, please visit our Privacy Notice.

Links to Third-Party Websites. These Terms and Conditions apply only to aktivpharmagroup.com. This Website may contain links to non-Aktiv websites. These links are provided to you as a convenience, and Aktiv is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from Aktiv, and Aktiv has no control over the content of that web site. In addition, a link to any non-Aktiv web site does not imply that Aktiv endorses or accepts any responsibility or assumes any liability for the content or use of such a web site. Your linking to any other web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.

Links to Us. Links to any document published by us on this Website must be made to the home page only, without deleting any frames, or our URL address.

3. Intellectual Property Rights

Aktiv Pharma Group (Aktiv), is a specialty pharma company based in Broomfield, CO. In addition to developing sterile injectable drugs in proprietary prefilled delivery systems, Aktiv is engaged in research and development in the areas of drug delivery device innovation, manufacturing equipment development, GMP manufacturing of finished drug products, and glass-free pharmaceutical packaging materials.

Our Aktiv Pharma Group™ research, development, and products employ a user-centric design approach to increase drug usability and stability. Our device portfolio includes prefilled syringes, autoinjectors, oral and topical dispensers, and IV closed transfer systems that serve a broad range of medical applications. Each platform can be configured for single constituent treatment or for mixing of multiple constituents prior to administration.

Aktiv products are labeled under either our AKTIVAX™ or AKTIV PHARMA GROUP™ trademarks.
The AKTIV PHARMA GROUP™ ARCH™ primary drug container (PDC) eliminates the need for glass containers in primary drug packaging, and for syringes in administering of injectable drugs. ARCH™ PDCs enable aseptic mixing of multi-component medications and reconstitution, and are adaptable to virtually any drug or vaccine, dose volume, type of delivery device, and route of administration. They are produced using a proven, cost-effective blister manufacturing methodology that is ideally suited for high-volume, high-speed manufacturing operations.
AKTIV PHARMA GROUP™ ARCH-Vial™ is a glass-free alternative to conventional unit-dose vials that utilizes ARCH™ PDC. Unlike standard vials, ARCH-C™ does not require swabbing and injecting air into the container prior to removing the dose.
The AKTIV PHARMA GROUP™ Immunoject™ and ARCH™ syringes are two designs for point-of-care drug reconstitution and delivery of vaccines.
The AKTIV PHARMA GROUP™ ARAI™ autoinjector is a single-hand, single step activation emergency-use intramuscular autoinjector with audible, tactile, and visual feedback.
AKTIV PHARMA GROUP™ PenPal™ autoinjector is a derivative of the ARAI™ autoinjector in a more compact package and wireless connectivity features designed for self-administration of treatments for chronic conditions.
The AKTIV PHARMA GROUP™ Immunoject™ reconstitution packaging provides a low-cost delivery solution for injectable vaccines and other medicines for health systems in developing economies.
Aktiv Pharma Group product lines relating to vaccines are labeled and marketed under our AKTIVAX™ label. The AKTIVAX™ Immunoject™ line lowers costs and simplifies logistics for vaccination campaigns.

This website, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of Aktiv and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to Aktiv are either registered or unregistered trademarks or tradenames of Aktiv and/or its affiliates (collectively, the “Aktiv Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Aktiv Trademarks displayed on the website without our prior written permission in each instance. All goodwill generated from the use of Aktiv Trademarks will inure to the exclusive benefit of Aktiv and/or its affiliates, as applicable.

All company and product names of other entities are the property of their respective owners.

4. No Warranties

Disclaimer of Warranties. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AKTIV, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “AKTIV PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY, OR THAT AKTIV WILL UPDATE SUCH CONTENT OR KEEP SUCH CONTENT CURRENT OR UP TO DATE. THE AKTIV PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU, FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE AKTIV PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO AKTIV PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE AKTIV PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT SHALL ANY AKTIV PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE, SPECIAL OR OTHER INDIRECT DAMAGES, LOST PROFITS, LOST REVENUES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH AKTIV PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AKTIV PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS WEBSITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, CONTENT AND/OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.

5. Indemnification

You agree to defend, indemnify, and hold harmless the Aktiv Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use of or misuse of any Content or the Website. Aktiv will provide notice to you of any such claim, suit, or proceeding. Aktiv reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Aktiv’s defense of such matter. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

6. Termination

Aktiv reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. Aktiv reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

Sections 2 (Use of the Website), 4 (No Warranties), 5 (Indemnification), 6 (Termination), and 11 (General) shall survive the termination of this Agreement.

7. User Must Comply with Applicable Laws

We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You understand that if you access this website from another country and provide your personal information to us through this website, your personal information may be transmitted to us, and you consent to such transfer.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading any Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any Content.

8. U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or any Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.

9. Arbitration

At the election of you or Aktiv, any dispute, claim or controversy arising out of or relating to this Agreement that is not resolved by mutual agreement may be resolved by binding arbitration to be conducted before J.A.M.S. or its successor. Aktiv shall advance the costs of such binding arbitration, but you agree that should we prevail in the arbitration, Aktiv is entitled to reimbursement of all costs. Unless otherwise agreed by the parties, arbitration will be held in Denver, CO, USA before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S., and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S. unless specifically modified in this Agreement. The arbitration must commence within forty-five (45) days after the date on which a written demand for arbitration is filed by either party. The arbitrator will have the power to order the production of documents by each party and any third-party witnesses. In addition, each party may take up to three (3) depositions as of right, and the arbitrator will not have the power to order the answering of interrogatories or the responses to requests for admission or the inspection of premises. In connection with any arbitration, each party must provide to the other, no later than ten (10) business days before the date of the arbitration, the identity of all persons that may testify at the arbitration, a copy of all documents that may be introduced at the arbitration or considered or used by a party’s witness or expert, and a summary of the expert’s opinions and the basis for said opinions. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation of liability set forth in this Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Agreement, and each party hereby irrevocably waives any claim to such damages. The parties covenant and agree that they will participate in the arbitration in good faith. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to this Agreement, including without limitation our Privacy Policy, as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

The arbitration procedures described above in in this Section 9 is the “Agreement to Arbitrate”.

You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:

Aktiv Pharma Group, ATTN: Arbitration Opt-out, 100 Technology Drive, Suite 200A, Broomfield, CO 80021

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from this Agreement, such termination shall not be effective until thirty (30) days after the version of this Agreement not containing this Agreement to Arbitrate is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

10. Forward looking statements

This web site, and the documents contained in (or directly accessible from) this web site, include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our future expectations, plans, prospects and future operating results and any other statements containing the words “believes”, “expects”, “anticipates”, “plans”, “estimates” and similar expressions. There are a number of important factors that could cause Aktiv’s actual results to differ materially from those indicated by such forward-looking statements, including our approach to discover and develop drugs which may never lead to marketable products; obtaining, maintaining and protecting intellectual property; our ability to enforce our patents against infringers and to defend our patent portfolio against challenges from third parties; our ability to obtain additional funding to support our business activities; our dependence on third parties for development, manufacture, marketing, sales and distribution of our products; the successful development of products; obtaining regulatory approval for products; competition from others that are developing products for similar uses; and our short operating history. Aktiv disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was first made.

11. General

This Agreement constitutes the entire agreement between you and Aktiv and governs your use of the Website, superseding any prior agreements between you and Aktiv with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Aktiv agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Denver, CO, USA EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

The failure of Aktiv to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website.

If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.