Legal Notice

 

Introduction

This Legal Notice governs the use of this Web site (the “Site”) provided by Intranasal Therapeutics, Inc. ("ITI"). As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site (“Services”) signifies that You agree to be bound by these Terms and Conditions in effect at the time You use the Site and that You consent to the privacy policy (the “Privacy Policy”). If You do not agree with these Terms and Conditions or the Privacy Policy, You should immediately cease use of the Site and the Services and cease use of all the information and materials You have obtained through the Site and/or the Services.

The ITI products under development are currently the subject of Investigational New Drug Applications (INDs) undergoing clinical trials. Upon completion of the FDA-required clinical trials, ITI expects to file New Drug Applications (NDAs) requesting that the FDA approve its products for commercial sale. However, due to the inherent uncertainties of drug development, there is no guarantee that the FDA will approve ITI’s NDAs.

Some of the materials presented in this Site constitute forward-looking statements. These statements concern ITI’s plans, expectations, and objectives for future operations. Any statement that is not a historical fact is a forward-looking statement. Those statements reflect ITI’s current views with respect to future events and are subject to inherent uncertainties that could cause actual results to differ materially from those now contemplated. ITI believes that it is important to communicate our expectations to You. However, You are cautioned that no forward-looking statement is a guarantee of future performance and You should not rely on the accuracy of predictions contained in forward-looking statements. There may be events in the future that ITI is not able to predict accurately or over which ITI has no control.

Use of Site and Site Material

Except as expressly stated therein, this Site is provided for Your personal noncommercial use and You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for Your personal noncommercial use provided that ITI’s copyrights notice is affixed to the copied material. ITI reserves the right to terminate at any time Your permission to make personal copies of material from this Site.

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You may not take any action which imposes an unreasonable or disproportionately large load on ITI’s infrastructure, including, but not limited to, “spam” or other such unsolicited mass e-mailing techniques. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.

You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. ITI may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material the company deems inappropriate. ITI is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Site.

You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site or Services in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

Ownership of Intellectual Property

ITI owns the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site. Notwithstanding any other term or condition in this agreement, ITI retains ownership to all Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of ITI. All rights reserved.

Disclaimer of Warranty and Limitation of Liability

Your use of this Site and material from this Site is at Your own risk. ITI strives to provide accurate and up-to-date material on this Site. However, ITI makes no warranties or representations as to the accuracy or timeliness of the material provided on this Site. ITI assumes no liability or responsibility for any errors or omissions on this Site.

Neither ITI, any of its agents, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to, or use of, this Site or any material from this Site. Without limiting the foregoing, this Site and the material provided on this Site are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to You.

ITI assumes no liability or responsibility for any damage to You, Your computer, or Your other property, due to Your access to, use of, or downloading of this Site or any materials provided on this Site.

Links

ITI does not endorse any third party Web sites not under the control or operation of ITI, has not reviewed any or all such Sites that may be linked to this Site and is not responsible for any such sites linked to this Site. Your linking to any sites from this Site is at Your own risk. By linking to a site or permitting a link to this Site, ITI does not endorse the site operator or the content of the linked site.

United States Only

Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States.

Software and other materials from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. ITI prohibits Your downloading or exporting of software or other material from this Site in violation of U.S. Export Laws and the laws of Your resident country. By downloading software or other material from this Site, You represent and warrant that You are able to do so in full compliance with the laws of the United States and Your resident country.

Idea Submission/Use of Information

ITI does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should You ignore this policy and submit an idea to ITI, You agree that the idea becomes and remains the sole and exclusive property of ITI without further liability or compensation to You.

If You respond to ITI with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excluding Your personal information, such information shall not be deemed confidential. All such submissions shall be deemed the property of ITI, and Your submission of information shall constitute an assignment to ITI of all worldwide rights, titles, and interests in such information. ITI will not be liable for any use or disclosure of such information. Except for Your Personal Information which is subject to the Privacy Policy, ITI will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. ITI will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

ITI welcomes Your comments and suggestions on this Site and products, but ITI does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, You warrant that ITI may publish such information, use it as part of its operations, and incorporate its concepts in ITI products without liability or compensation to You.

Medical Information

This Site contains general medical information that is provided solely for informational purposes and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein to diagnose a medical condition. You should always consult with a doctor or other health care professional regarding any questions You may have related to medical conditions.

Applicable Law

Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of New Jersey, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of New Jersey shall have exclusive jurisdiction over all claims.

Miscellaneous

Termination. Your access may be terminated at any time and for any reason or for no reason by ITI. You shall have no recourse and ITI shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Modification. ITI may modify this Legal Notice at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. ITI may, but is under no obligation to, provide You notice of such modifications to this Legal Notice via e-mail or other communication.

Any questions regarding this Legal Notice should be directed to ITI at info@intranasal.com.

The effective date of this Legal Notice is September 16, 2005.