Welcome to the Neogenix Oncology® website at www.neogenix.com (the “Website”). The information provided on this Website is provided by Neogenix Oncology, Inc., including its successors, and assigns (collectively, “Neogenix”, “we”, “us”, etc.) for general informational and educational purposes only.
• Use of the Website
• Website Content
• Intellectual Property
• Linking to the Web Site
• Medical Information
• Forward Looking Statements
• Your Representations and Warranties
• Our Warranty Disclaimers
• Limitations of Liability
• Modification of the Terms
• Electronic Communications and Electronic Signatures
• Unsolicited Ideas Policy
• Choice of Law and Venue
• Entire Agreement. Miscellaneous
Use of Web site.
The information provided on this Website is for general informational and educational purposes. Certain sections of this Website are intended for particular audiences including patients, physicians and shareholders. Other sections are intended for other members of the health care community and the general public.
All features, content, information, data, specifications, products, and services described or depicted on this Website are subject to change by us at any time without notice. We try to ensure that information on the Website is complete, accurate, and current. Despite our best efforts, however, the information on the Website may occasionally be inaccurate, incomplete, or out of date.
At your election, you may request additional information about Neogenix (the “Service”). Neogenix may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
The design of the Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Website (collectively, “Content”) are protected by copyright, trademark, and other laws (including international treaties) and may not be used except as permitted in the Terms or with prior written permission of the owner of such Content. You may not modify any Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public or commercial purpose or allow anyone else to do so. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Certain trademarks, trade names, service marks and logos used or displayed on the Website, including the name Neogenix Oncology, (“Marks”) are registered and unregistered trademarks, trade names and service marks of Neogenix or its affiliates. Nothing on the Website grants (or should be construed as granting) by implication, estoppel, or otherwise any license or right to use any Mark without our prior written permission.
You may view the Content on the Website, which we provide as a service to users, for general informational purposes only. We authorize you to download a single copy of the Content solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices in the original Content on any copy you make. You may not use the Content on any other web site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that we use to generate our pages; both the code and pages are also protected by copyright. Without our prior written permission, you also may not use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic device, program, algorithm, or methodology having similar functionality, or any manual process, to monitor or copy any of the pages or any of the Content on or accessed through the Website.
Linking to the Website/Third-Party Links.
Creating or maintaining any link from another website to any page on the Website without our prior written permission is strictly prohibited.
As a convenience to you, we may provide links to websites operated by other persons or entities (collectively, “Linked Sites”). We do not maintain or control any Linked Site, and we do not investigate, verify, monitor, guarantee, or endorse any products, services, content, accuracy, opinions expressed, or other links provided by the Linked Sites. So, if you decide to visit any Linked Site, please note that you do so at your own risk. We reserve the right to discontinue any Linked Site at any time without prior notice.
Medical Information. This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Forward Looking Statements.
This Website may contain forward-looking statements about Neogenix’ financial and operating performance, business plans and prospects, services, products, and research and development activities that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Neogenix’ products or services; competitive developments; the ability to successfully market both new and existing products or services; challenges to the validity and enforcement of Neogenix’ patents and other intellectual property; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. A further list and description of these and other risks, uncertainties and other matters can be found in the SEC Reports, financial information and other reports included in the section of this Website entitled “shareholders” and in our public filings with the SEC which may be accessed at www.sec.gov. Neogenix assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Your Representations and Warranties.
By using the Website, you represent and warrant that: (i) you will use the Website in a manner consistent with all laws and regulations and in accordance with the Terms; (ii) you will provide us accurate information and not impersonate or misrepresent any affiliation with any person or entity, use false headers, or otherwise conceal your identity from us for any purpose; (iii) you will not use the Website to harass, intimidate, or threaten any person, send spam or unwanted messages, or post anything that we might consider offensive or in bad taste given the nature of the Website; and (iv) you will not disrupt or interfere with any user’s access to or use of the Website in any way, including without limitation, by any security breach or attack, virus, mail bombing, flooding, or any deliberate attempts to overload a system and broadcast attacks.
Our Warranty Disclaimer.
USING THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. THE CONTENT MAY BE OUT OF DATE, AND WE DO NOT UNDERTAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE CONTENT.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM THE CONTENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR ANY CONTENT, REGARDLESS OF WHETHER WE OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE UNHAPPY WITH ANY PORTION OF THE WEBSITE, ANY TERM, OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE THE WEBSITE.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of the Terms.
WE MAY REVISE THE TERMS AT ANY TIME AND YOU ARE BOUND BY THE REVISED TERMS IF YOU USE THE WEBSITE AFTER ANY REVISED TERM IS POSTED ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO RETURN TO THE WEBSITE FROM TIME TO TIME TO REVIEW THE MOST CURRENT TERMS. Any such revision will become effective upon the date it is first posted to the Website. Except for such posting, we do not have an obligation to notify you of any revised Terms.
Electronic Communications and Electronic Signatures. YOU ARE BOUND BY ANY AFFIRMATION, ASSENT, OR AGREEMENT YOU TRANSMIT THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CONSENT YOU GIVE TO RECEIVE COMMUNICATIONS FROM US THROUGH ELECTRONIC TRANSMISSION. IF YOU CLICK ON “I AGREE,” “I CONSENT” OR OTHER SIMILARLY WORDED “BUTTON” OR ENTRY FIELD WITH YOUR MOUSE, KEYSTROKE, OR OTHER COMPUTER DEVICE, YOUR AGREEMENT OR CONSENT WILL BE AND IS LEGALLY BINDING AND ENFORCEABLE AND THE LEGAL EQUIVALENT OF YOUR HANDWRITTEN SIGNATURE.
You or we may suspend or terminate your use of the Website at any time for any (or no) reason.
Unsolicited Idea Submission Policy
Neogenix does not accept or consider unsolicited ideas, including ideas for new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should our business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to Neogenix or anyone at Neogenix. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (a) your idea will automatically become the property of Neogenix, without any compensation to you; (b) Neogenix will have no obligation to return your idea to you or respond to you in any way; (c) Neogenix will have no obligation to keep your idea confidential; and (d) Neogenix may use your idea for any purpose whatsoever, including giving your idea to others. Choice of Law and Venue.
The Website is controlled, operated and administered by us from our offices in the State of New York, United States of America. We make no representation that the Content is appropriate or available for use at locations outside the United States. Access from territories where the Content is illegal is prohibited. You may not use the Website or export any Content in violation of United States export laws and regulations. If you access the Website from outside of the United States, you are responsible for compliance with all local laws. Any and all claims or controversies arising out of or relating to your rights and responsibilities under the Terms shall be governed by and construed in accordance with the laws of New York, without regard to its principles of conflict of laws. You consent to the exclusive personal jurisdiction of the state and federal courts located in Nassau County, New York if there is any dispute between you and us which cannot be amicably resolved.
Entire Agreement. Miscellaneous.
The Terms are the entire agreement between us and you with respect to the use of the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds a Term or part thereof to be unenforceable, that Term or part shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver of any breach of a Term shall be deemed to be a waiver of any preceding or subsequent breach of a Term. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by us, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
If you have any questions about the Terms, please contact us.
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