Genus Lifesciences, Inc. (“Genus Lifesciences”, “Genus” “we”, “us” or “our”) provides content, functionality, and other services to you when you visit www.GenusCocaine.com (the “Website”). By accessing, browsing, and/or using the Website, you acknowledge that you have read and agree to be bound by these Terms of Use (“Terms”). The Terms apply to United States users.
PLEASE READ THE TERMS OF USE CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms, then please cease using the Website immediately. We reserve the right to change the Terms at any time (see “Changes to the Terms” below.) By accessing, browsing and/or using the Website after updates to the Terms have been posted, you agree to be bound by the updated Terms. THE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND GENUS.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your access to the Website, and may subject you to civil and criminal penalties.
The Website is not a replacement for medical treatment of any kind. As with any medical treatment, communicate with your doctor and discuss any potential interactions with your current treatment before beginning to use another medication, including any Genus product.
GENUS DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE GENUS WEBSITE INSTEAD OF CONSULTING WITH A MEDICAL PROFESSIONAL.
THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.
RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR OTHERWISE PROVIDED BY GENUS IS SOLELY AT YOUR OWN RISK.
III. CHANGES
Changes to the Terms
Genus reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the “Last Updated” date at the top of the Terms and post the updated version on the Website.
By continuing to use the Website after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Governing Law & Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Website.
No other modification, amendment, supplement of or to the Terms will be binding on Genus unless it is in writing and signed by an authorized representative of Genus.
Modifications and Updates to the Website
Genus reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, including any features, functionality, tools, or content thereof, at any time, for any reason or no reason, with or without notice to you.
You agree that Genus has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools, or content, and will not be liable with respect to any such modifications, discontinuance, or deletions.
Users may not:
Investigations
Genus reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that Genus has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by any user, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Genus, (iii) to enforce and to ensure a user’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Genus, its users, or members of the public, and (vi) for the purpose of operating and improving the Website (including for customer support purposes).
User Cooperation
You agree to cooperate with and assist Genus or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
Policy Enforcement
When an issue arises, we reserve the right to consider such User’s performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.
The Services
The Website and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein, are the exclusive property of Genus and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Genus, including “Genus,” (collectively, the “Genus Marks”) are the property of Genus, and that you are not permitted to use the Genus Marks without our prior written consent. All other trademarks are the property of their respective owners.
Subject to your compliance with the Terms, Genus grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to personally use the Website as provided by Genus in the manner permitted by the Terms.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Genus or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Genus’s sole discretion. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Genus or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at Information@GenusLifesciences.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Genus. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Genus or its affiliates for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to Genus all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Genus’s rights in such improvements, enhancements, and modifications.
Third Party Charges
You are solely responsible for any fees or charges incurred to access the Website through an Internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that Genus is not liable in any way for any third party charges.
Links to Third Party Websites and Services
Genus does not recommend or endorse any tests, physicians, or other healthcare providers, or procedures that may be referenced, discussed, or advertised on the Website.
The Website may provide links to third-party brands, websites, resources or services. You acknowledge and agree that Genus is not responsible or liable for (i) the availability, terms, or practices of third-party brands, websites, resources, or services, or (ii) the content, products, or services available on or through such brands, websites, resources, or services, including that any information provided is complete, accurate, or up-to-date. Links to such brands, websites, resources, or services do not imply any endorsement by Genus of such brands, websites, resources, or services or the content, products, or services available on or through such brands, websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such brands, websites, or services.
We are not responsible or liable for any damage or harm resulting from your interactions with third-party brands, websites, or services, or the content, products or services available on or through third-party brands, websites, or services.
VII. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
Warranties by Users
You represent and warrant to Genus that:
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GENUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GENUS AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Exclusions
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION VII THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold Genus, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) any interactions with any other person as a result of your use of the Website, (iii) your breach of the Terms or the documents incorporated therein, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iv) your gross negligence or willful misconduct.
Obligation to Defend. You agree that, at Genus’s option, you will conduct the defense of any such claim or action; provided that (i) Genus may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Genus (of which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No Implied Indemnity. No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
VIII. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GENUS HAVE AGAINST EACH OTHER ARE RESOLVED.
Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of the state of Pennsylvania, USA, without regard to conflict of law principles.
Arbitration & Class Action Waiver
All disputes, claims, controversies and matters arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Website shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Pennsylvania, USA, before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving your right to a trial by jury.
All arbitrations shall be conducted and resolved on an individual basis, and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
Jurisdiction and Venue
In the event that arbitration is not available, you and Genus agree that any and all Disputes will be brought in the federal or state courts located in Pennsylvania, USA, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, Genus also may seek injunctive or other equitable relief for breach of the Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Fees and Costs
The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
Future Amendments to this Section
Both of us agree that if we make any amendment to this “Governing Law & Dispute Resolution” section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Genus. We will notify you of amendments to this section by posting the amended Terms on www.GenusCocaine.com. If you do not agree to the amended Terms, you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Genus in accordance with the provisions of this “Governing Law & Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
Privacy
Our collection and use of information about Users is governed by our Privacy Notice, incorporated herein by reference.
Entire Agreement
The Terms of Use constitute the entire and exclusive understanding and agreement between you and Genus regarding your access to and use of the Website, including the content, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Genus and regarding the subject matter hereof.
Assignment
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Genus may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Genus by posting to the Website.
Waiver
Our failure to exercise any right or enforce any obligation under the Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Genus. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
Construction
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
Contact Us
If you have any questions or concerns, please contact Genus at Information@GenusLifesciences.com. You can also reach us by telephone at 1-610-782-9780 or in writing at the following address.
Genus Lifesciences, Inc.
14 North 12th Street
Allentown, PA 18102
California Residents
The Complaint Assistance Unit of the Division of Consumer Content of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
Cocaine hydrochloride nasal solution is an ester local anesthetic indicated for the induction of local anesthesia of the mucous membranes when performing diagnostic procedures and surgeries on or through the nasal cavities in adults.
Cocaine hydrochloride nasal solution is a Schedule II controlled substance.
WARNING: ABUSE AND DEPENDENCE. CNS stimulants, including cocaine hydrochloride, have a high potential for abuse and dependence.
Known hypersensitivity to cocaine hydrochloride, other ester-based anesthetics, or any other component of cocaine hydrochloride.
Seizures: Cocaine hydrochloride may lower the convulsive threshold. Monitor patients for development of seizures.
Blood Pressure and Heart Rate Increases: Monitor vital signs, including heart rate and rhythm, in patients after receiving cocaine hydrochloride. Avoid use of cocaine hydrochloride in patients with a recent or active history of uncontrolled hypertension, unstable angina, myocardial infarction, coronary artery disease, or congestive heart failure.
Toxicology Screening: Cocaine hydrochloride and its metabolites may be detected in plasma for up to one week after administration and in urine toxicology screening for longer than one week after administration.
The most common adverse reactions (>0.5%) occurring in patients treated with cocaine hydrochloride were headache and epistaxis.
Disulfiram: Increases plasma cocaine exposure. Avoid using cocaine hydrochloride in patients taking disulfiram.
Epinephrine, Phenylephrine: There have been reports of myocardial ischemia, myocardial infarction, and ventricular arrhythmias with concomitant use during nasal surgery. Avoid use of additional vasoconstrictor agents with cocaine hydrochloride nasal solution. If concomitant use is unavoidable, prolonged vital sign and ECG monitoring may be required.
Pregnancy: May cause fetal harm.
Lactation: Avoid breastfeeding during treatment with cocaine hydrochloride; pump and discard breastmilk for 48 hours after treatment.
Hepatic Impairment: Monitor for adverse reactions such as headache, epistaxis, and clinically relevant increases in heart rate or blood pressure. Do not administer a second dose within 24 hours of the first dose.
No cases of overdose with cocaine hydrochloride were reported in clinical trials. In the case of an overdose, consult with a certified poison control center (1-800-222-1222) for up-to-date guidance and advice for treatment of overdosage. Individual patient response to cocaine varies widely. Toxic symptoms may occur idiosyncratically at low doses.
Please note that this information is not comprehensive. Please visit www.GenusCocaine.com for the full prescribing information for cocaine hydrochloride nasal solution, 4% (CII).
To report SUSPECTED ADVERSE REACTIONS, contact Pharm-Olam at 1-866-511-6754 or the FDA at 1-800-FDA-1088 or through www.fda.gov/medwatch.
