CARDIUM Therapeutics: Terms & Conditions of Website Use and Notices
This website is provided by Cardium™ Therapeutics, Inc. (Cardium) and may be used only for limited informational purposes and as described below. By using this website or downloading materials from this site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use this site or download materials from this site.
Note Regarding DNA-Based or Gene Therapy Product Candidates
Cardium and its affiliates are developing DNA-based or gene therapies for the potential treatment of cardiovascular and other diseases. To date, no gene therapy products have been approved for sale or use in humans in the U.S. Our product candidates need to complete testing in human clinical trials to provide a basis for the U.S. Food and Drug Administration (FDA) or other health regulatory agencies to review and potentially approve them for use in humans. The outcome of each stage of these clinical trials is necessarily uncertain as to the actual and perceived safety and efficacy of each potential treatment and the FDA would have to review and approve a licensing application before a product candidate could be marketed for any indication. Success in preclinical and early clinical trials does not ensure that later-stage or larger-scale clinical trials would be successful. Nor can there be any assurance that a product would ultimately prove to be safe and effective in humans or, even if approved, that it would compete favorably with other products.
Note Regarding Forward-Looking Statements
Cardium is a company with product candidates in various stages of ongoing development. As a result, a substantial number of statements in this website are forward-looking statements. Forward-looking statements reflect the current view about future events, trends, plans, objectives and/or financial performance based on certain assumptions. They include opinions, forecasts, projections, guidance, expectations, beliefs or other statements that are not statements of historical fact. In some cases, forward-looking statements can be identified by words such as "may," "can," "will," "should," "could," "expects," "hopes," "believes," "plans," "anticipates," "estimates," "predicts," "projects," "potential," "intends," "approximates" or the negative or other variation of such terms and other comparable expressions.
Forward-looking statements, by their nature, are subject to known and unknown risks and uncertainties and can be affected by other factors that could cause actual results, achievements and/or Cardium's plans and objectives to differ materially from those expressed or implied in the forward-looking statements. For example, risks and uncertainties that exist in our operations and business environment include, without limitation, our early stage of product development and the limited experience in the development of gene therapies in general, our dependence on proprietary technology, our current and future competition, our history of operating losses and accumulated deficits, our reliance on collaborative relationships, as well as uncertainties related to clinical trials including the actual or perceived safety or efficacy of a product candidate and the ability to obtain the appropriate regulatory approvals, patent protection and third-party patent rights, and market acceptance, as well as other risks and uncertainties. Given these uncertainties, you are cautioned not to place undue reliance on such forward-looking statements. Cardium does not undertake any obligation to update publicly or revise any of these forward-looking statements, whether to reflect new information or future events or circumstances or otherwise.
Information on This Site is Not a Substitute for Medical Advice
The information provided on this website is intended only to provide certain general introductory information about Cardium and its businesses. This information is not intended in any way to be a substitute for or supplement to professional medical advice, and should not be interpreted as medical advice, diagnosis or treatment recommendations. Only a physician, who has had an opportunity to interact with the patient in person, with access to the patient's records and the opportunity to conduct appropriate follow-up, can provide such medical advice, diagnosis or recommendations for patient treatment.
Always seek the advice of your physician or other qualified healthcare provider concerning any questions you may have about a medical condition. Neither the content of, nor any other service or information offered by or through, this website is intended to be relied upon for medical advice, diagnosis or treatment, without a physician's interaction or involvement. Never disregard medical advice or delay in seeking such advice because of something you have read on this website.
THE CONTENT ON THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CARDIUM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OR TIMELINESS OF ANY ADVICE, OPINION, STATEMENT, SOFTWARE, GRAPHICS, TOOLS, LINKS, COMMUNICATIONS, INFORMATION OR OTHER CONTENT DISPLAYED OR PROVIDED ON OR THROUGH THE SITE OR THROUGH CARDIUM OR ITS AFFILIATES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. CARDIUM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CARDIUM MAY MAKE ANY OTHER CHANGES TO THE SITE, THE INFORMATION AND THE SERVICES OR PRODUCTS DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, AND ITS CONTENT, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Subject to the terms and conditions set forth herein, Cardium grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the content thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
Cardium authorizes you to view, copy and download the content on this website only for your personal, non-commercial use. This authorization is not a transfer of title in the content or copies of the content and is subject to the following restrictions: 1) you must retain, on all copies of the content downloaded, all copyright and other proprietary notices contained in therein; 2) you may not modify the content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the content to any other person or entity without first obtaining Cardium’s written permission. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. This website, including all content, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the content of this website. Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right in, to or under any patent, copyright, trademark or trade secret of Cardium or any of its affiliates.
Should any viewer of this website or its content respond with information, including feedback data such as questions, comments, suggestions or the like, such information shall be deemed to be non-confidential and Cardium and its affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute such information to others without limitation. Cardium and its affiliates shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing or marketing products incorporating such information.
Third Party Sites
As a convenience and additional resource to you, Cardium may provide, on this site, links to websites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and to abide by the terms and conditions of use of such websites. Because Cardium does not control the content of any other websites, and due to the constantly changing nature of such other websites, neither Cardium nor its affiliates or subsidiaries can be responsible for the content, practices or standards of such other sites or websites framed within this website or any third party advertisements. Cardium makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon, including the accuracy and timeliness of any such information, or any of the products or services described thereon. Links do not imply that Cardium or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Cardium or any of its affiliates or subsidiaries.
External Links to This Site
All links to this site must be approved in writing by Cardium, except that Cardium consents to links in which: (i) the link is a text-only link containing only the name "Cardium Therapeutics, Inc."; (ii) the link "points" only to www.cardiumthx.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Cardium nor be such as to damage or dilute the goodwill associated with the name and trademarks of Cardium or its affiliates. Cardium reserves the right to revoke this consent to link at any time in its sole discretion.
You agree to use this site only for lawful purposes. You agree not to take any action that might compromise the security of this site, render the site inaccessible to others or otherwise cause damage to the site or its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.
Limitations of Damages
IN NO EVENT SHALL CARDIUM OR ANY OF ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, OR EMPLOYEES OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, WRONGFUL DEATH, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM OR THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF CARDIUM OR ANY OF ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, OR EMPLOYEES OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
When using this website, information will be transmitted over a medium that is beyond the control of Cardium and its affiliates. Accordingly, Cardium and its affiliates assume no liability for, or relating to, the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website.
You understand and agree that you are personally responsible for your behavior on this site. You agree to indemnify, defend and hold harmless Cardium, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, officers, directors, stockholders, and any third-party information providers to this site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the site, or any violation by you of this Agreement.
International Users and Choice of Law; Entire Agreement
Cardium is located in San Diego , California , in the United States of America (" USA "). This website is controlled, operated and administered by Cardium from its offices within the USA . This website is intended for the exclusive use of residents of the USA . Cardium makes no representation that content on this site is appropriate or available for use at other locations outside the USA and access to it from territories where its content is illegal is prohibited. You may not use this site or export its content in violation of the export laws and regulations of the USA . If you access this site from a location outside of the USA , you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions of use shall be governed by the laws of the State of California , USA , without giving effect to its conflict of laws provisions. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. You expressly agree that exclusive jurisdiction for any dispute with Cardium or any of its affiliates or subsidiaries in any way relating to your use of this website resides exclusively in the federal or state courts of the State of California , in each case that are located in San Diego , California . Any claim(s) arising in connection with your use of this website, or any of its content, must be brought within one (1) year of the date that the event giving rise to such claim(s) occurred.
Cardium reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time. Changes to these Terms and Conditions will be effective when made and posted. You should refer to these Terms and Conditions from time to time to review any changes or new features. Your continued use of this site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
Cardium may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of this site, at any time. Cardium may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. Cardium may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all such content.