Legal

Whistleblower Policy

Evofem Biosciences, Inc., (collectively with its subsidiaries, the “Company”) is committed to promoting high standards of ethical business conduct and compliance with applicable laws, rules and regulations. Suspected violations may be reported by calling the Company’s toll-free compliance hotline: 855-741-4519 or through a third party web intake site that can be found at www.evofem.ethicspoint.com

Terms of Use

Last Modified: September 1, 2021

Welcome to Company’s Web Site located at www.evofem.com (“Site”). By using this Site you agree to comply with and be bound by these Terms of Use (“Agreement”). Therefore, please review the Agreement carefully. If you do not agree with the Agreement do not use this Site.

1. Acceptance.

By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Company. If you do not agree with this Agreement, you are prohibited from accessing or using any content from the Site. This Site is offered and available to users who are 18 years of age or older. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall control.

2. Amendments.

This Agreement may be amended by Company from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site. Your continued use of the Site following the posting of revised terms means that you accept and agree to the changes.

3. Limited Right to Use.

The Site and the contents herein are the intellectual property of Company and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received Company’s. express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Company.

4. Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with this Agreement;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Company, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site or expose them to liability.
  • Publicly disclosing a potential site vulnerability with consent.
  • Modifying, exposing or exfiltration any account, database or supporting information

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Site.

1. Intellectual Property Notice.

All Site design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of Company or its licensors. All Rights Reserved. Company and Phexxi are trademarks of Company, which are registered in the United States and may be registered in some jurisdictions. All other trademarks used are owned by their respective owners. If you believe that any Site content violates or infringes upon yours or a third party’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

2. Privacy Policy.

Please review the Company’s privacy policy at www.evofem.com/privacy/. By using this Site you agree that Company’s privacy policy is part of the Agreement and may be updated from time to time without specific notice to you.

3. Warranty Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE). NEITHER COMPANY, NOR ANY PERSON ASSOCIATED WITH COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. LIMITATION OF LIABILITY.

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. Indemnification.

You agree to defend, indemnify and hold Company harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Site.

6. Links to other Web Sites.

This Site contains links to other Internet sites and information provided by persons not affiliated with Company. Such links are not endorsements or referrals of any products, services or information contained in such sites, and no information in any such site has been endorsed or approved hereby. Information provided and opinions expressed by others do not necessarily represent the opinion of Company and Company expressly disclaims any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned on this Site. Mention of these products, manufacturers or service providers does not constitute an endorsement by Company.

7. Governing Law.

By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of San Diego County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California.

8. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Waiver and Severability.

No waiver by Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

10. Contact Us.

Technical questions or concerns about this Site should be directed to: [email protected].