You should always consult with your healthcare provider before
introducing any changes to your diet or level of physical activity.

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use describe the terms and conditions applicable to your use of any and all of VIVUS Inc.'s and/or VIVUS Inc.'s (collectively "VIVUS") Web sites. Before being given access to this Web site, you will be asked to indicate whether you agree to be bound by the terms of these Terms of Use. If you agree to be bound by these Terms of Use, you will be given access to the Web site. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be given access to the Web site.

VIVUS may at any time revise or modify this Agreement or impose new conditions for use of this Web site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Web site or by e-mail. Any use of the Web site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. VIVUS may modify its services at any time.

THIS WEB SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.

The content on this Web site is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. VIVUS is not engaged in rendering medical or similar professional services or advice via this Web site, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe VIVUS's publication of this content as an endorsement by VIVUS of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.

Scope of Use

VIVUS invites you to view, use and download a single copy of this Web site for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this Web site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of VIVUS. You understand that VIVUS may discontinue, change, or restrict your use of this Web site for any reason without notice.

By using this Web site, you represent that you are at least eighteen (18) years old and a United States resident.

No Warranties

ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. VIVUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK. VIVUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

YOUR USE OF THE WEB SITE OR ANY CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. VIVUS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF VIVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any of these Terms of Use or if you misuse this Web site, you agree to defend, indemnify and hold harmless VIVUS, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of this Web site enable you to submit e-mails, or otherwise provide feedback or information to VIVUS.

You agree that by submitting content:

  • that, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
  • you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and
  • you grant to VIVUS the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, VIVUS shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Trademarks

All VIVUS trademarks are the exclusive property of VIVUS. Unauthorized use of any VIVUS trademark, service mark or logo may be a violation of federal and state trademark laws.

Copyright

This Web site is protected by United States' and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Web site, or individual sections of the design or layout of the Web site or VIVUS logos without VIVUS's written permission.

Information, News and Press Releases 

The Web site contains information, news and/or press releases about VIVUS. While this information was believed to be accurate as of the date it was prepared, VIVUS disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than VIVUS contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by VIVUS.

Links

This VIVUS Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of VIVUS, and VIVUS is not responsible for the content available on any other Internet sites linked to this Web site. Such links do not imply VIVUS's endorsement of material on any other site and VIVUS disclaims all liability with regard to your access to such linked Web sites. VIVUS provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web site is at your own risk.

Unless otherwise set forth in a written agreement between you and VIVUS, you must adhere to VIVUS's linking policy as follows: (i) any link to the Web site must be a text only link clearly marked "VIVUS WEB SITE," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with VIVUS's names and trademarks, (iii) the link must "point" to one of the specific URLs listed below:

www.vivus.com

and not to other pages within the Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with VIVUS, (v) when selected by a user, the link must display the Web site on full-screen and not within a "frame" on the linking Web site, and (vi) VIVUS reserves the right to revoke its consent to the link at any time and in its sole discretion.

Security

This Web site may require you to register or obtain a password prior to permitting access to the Web site or certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.

Location, Governing Law and Arbitration

This Web site is operated by VIVUS from its offices in California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. VIVUS makes no representation that the information in the Web site is appropriate or available for use in other locations, and access to this Web site from territories where the content of this Web site may be illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising under or related to this User Agreement or VIVUS's products and/or services shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or VIVUS may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or VIVUS pending the completion of arbitration.

Violations and Additional Policies

VIVUS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Web site.

Use of Information

VIVUS reserves the right, and you authorize VIVUS, to the use and assignment of all information regarding your use of this Web site and all information provided by you in any manner consistent with this User Agreement and applicable federal law.

Securities Laws

This Web site may include statements concerning VIVUS's operations, prospects, strategies, financial condition, future economic performance and demand for VIVUS's products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Web site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward looking statements. The Web site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of VIVUS's securities-related filings or documents.

Questions

If you have any questions about these Terms of Use, please send us an e-mail to ir@vivus.com.

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS WEB SITE'S USER AGREEMENT AND UNDERSTAND AND AGREE TO IT.

INDICATION

Qsymia® should be used together with a reduced-calorie diet and increased physical activity for chronic weight management in adults with an initial body mass index (BMI) of:

  • 30 kg/m2 or greater (obese) or
  • 27 kg/m2 or greater (overweight) in the presence of at least one weight-related medical condition such as high blood pressure, type 2 diabetes, or high cholesterol

Limitations of Use:

  • It is not known if Qsymia changes your risk of heart problems or stroke or of death due to heart problems or stroke
  • It is not known if Qsymia is safe and effective when taken with other prescription, over-the-counter, or herbal weight loss products

It is not known if Qsymia is safe and effective in children under 18 years old

IMPORTANT SAFETY INFORMATION

Do not take Qsymia if you are pregnant, planning to become pregnant, or become pregnant during Qsymia treatment; have glaucoma; have thyroid problems (hyperthyroidism); are taking certain medicines called monoamine oxidase inhibitors (MAOIs) or have taken MAOIs in the past 14 days; are allergic to topiramate, sympathomimetic amines such as phentermine, or any of the ingredients in Qsymia. See the end of the Medication Guide for a complete list of ingredients in Qsymia.

Qsymia can cause serious side effects, including:

Birth defects (cleft lip/cleft palate). If you take Qsymia during pregnancy, your baby has a higher risk for birth defects called cleft lip and cleft palate. These defects can begin early in pregnancy, even before you know you are pregnant. Women who are pregnant must not take Qsymia. Women who can become pregnant should have a negative pregnancy test before taking Qsymia and every month while taking Qsymia and use effective birth control (contraception) consistently while taking Qsymia. Talk to your healthcare provider about how to prevent pregnancy. If you become pregnant while taking Qsymia, stop taking Qsymia immediately, and tell your healthcare provider right away. Healthcare providers and patients should report all cases of pregnancy to FDA MedWatch at 1-800-FDA-1088, and the Qsymia Pregnancy Surveillance Program at 1-888-998-4887.

Increases in heart rate. Qsymia can increase your heart rate at rest. Your healthcare provider should check your heart rate while you take Qsymia. Tell your healthcare provider if you experience, while at rest, a racing or pounding feeling in your chest lasting several minutes when taking Qsymia.

Suicidal thoughts or actions. Topiramate, an ingredient in Qsymia, may cause you to have suicidal thoughts or actions. Call your healthcare provider right away if you have any of these symptoms, especially if they are new, worse, or worry you: thoughts about suicide or dying; attempts to commit suicide; new or worse depression; new or worse anxiety; feeling agitated or restless; panic attacks; trouble sleeping (insomnia); new or worse irritability; acting aggressive, being angry, or violent; acting on dangerous impulses; an extreme increase in activity or talking (mania); other unusual changes in behavior or mood.

Serious eye problems, which include any sudden decrease in vision, with or without eye pain and redness or a blockage of fluid in the eye causing increased pressure in the eye (secondary angle closure glaucoma). These problems can lead to permanent vision loss if not treated. Tell your healthcare provider right away if you have any new eye symptoms.

Possible side effects of Qsymia include:

Mood changes and trouble sleeping. Qsymia may cause depression or mood problems, and trouble sleeping. Tell your healthcare provider if symptoms occur.

Concentration, memory, and speech difficulties. Qsymia may affect how you think and cause confusion, problems with concentration, attention, memory or speech. Tell your healthcare provider if symptoms occur.

Increases of acid in bloodstream (metabolic acidosis). If left untreated, metabolic acidosis can cause brittle or soft bones (osteoporosis, osteomalacia, osteopenia), kidney stones, can slow the rate of growth in children, and may possibly harm your baby if you are pregnant. Metabolic acidosis can happen with or without symptoms. Sometimes people with metabolic acidosis will: feel tired, not feel hungry (loss of appetite), feel changes in heartbeat, or have trouble thinking clearly. Your healthcare provider should do a blood test to measure the level of acid in your blood before and during your treatment with Qsymia.

Low blood sugar (hypoglycemia) in people with type 2 diabetes mellitus who also take medicines used to treat type 2 diabetes mellitus. Weight loss can cause low blood sugar in people with type 2 diabetes mellitus who also take medicines used to treat type 2 diabetes mellitus (such as insulin or sulfonylureas). You should check your blood sugar before you start taking Qsymia and while you take Qsymia.

High blood pressure medicines. If you are taking medicines for your blood pressure, your doctor may need to adjust these medicines while taking Qsymia.

Central Nervous System (CNS) side effects. The use of prescription sleep aids, anxiety medicines, or drinking alcohol with Qsymia may cause an increase in CNS symptoms such as dizziness and light-headedness. Do not drink alcohol with Qsymia.

Possible seizures if you stop taking Qsymia too fast. Seizures may happen in people who may or may not have had seizures in the past if you stop Qsymia too fast. Your healthcare provider will tell you how to stop taking Qsymia slowly.

Kidney stones. Drink plenty of fluids when taking Qsymia to help decrease your chances of getting kidney stones. If you get severe side or back pain, and/or blood in your urine, call your healthcare provider.

Decreased sweating and increased body temperature (fever). People should be watched for signs of decreased sweating and fever, especially in hot temperatures. Some people may need to be hospitalized for this condition.

Common side effects of Qsymia include:

Numbness or tingling in the hands, arms, feet, or face (paraesthesia); dizziness; changes in the way foods taste or loss of taste (dysgeusia); trouble sleeping (insomnia); constipation; and dry mouth.

Tell your healthcare provider if you have any side effect that bothers you or does not go away. These are not all of the possible side effects of Qsymia. For more information, ask your healthcare provider or pharmacist.

Call your doctor for medical advice about side effects. You may report side effects to VIVUS, Inc. at 1-888-998-4887 or FDA at 1-800-FDA-1088 or www.fda.gov/medwatch.

Please read the Qsymia Medication Guide and Full Prescribing Information.

The Q and Me Patient Resources and Education site is based on the LEARN® Program provided under copyright license (September 15, 2010). All rights reserved.