| CRITICAL
THERAPEUTICS, INC.
Web Site
Terms of Use and Disclaimer
www.criticaltherapeutics.com
www.crtx.com
www.zyflocr.com
www.zyflo.com
Your access to the web site (the “Site”)
www.criticaltherapeutics.com, www.crtx.com, www.zyflocr.com
and www.zyflo.com is subject to the following Terms
of Use and Disclaimer, which may be
updated by Critical Therapeutics,
Inc. (the “Company”, “we”
or “us”) without notice
to you. Please read the following
paragraphs carefully before using
the Site. By using the Site, you agree
to be bound by the terms and conditions
included in these Terms of Use and
Disclaimer, as they may be amended
from time to time, as well as to the
terms of our Privacy
Policy.
The Company may, at any time, revise
these Terms of Use and Disclaimer
by updating this posting. You agree
to be bound by any such revisions
and should, for this reason, periodically
visit this page to review the then-current
conditions applicable to your use
of this Site. If you disagree with
the conditions included in these Terms
of Use and Disclaimer, as amended
from time to time, or are not satisfied
with this Site, your sole and exclusive
remedy is to discontinue using the
Site.
LOCATION
AND CHOICE OF LAW
The Company maintains the Site from
its offices in Lexington, Massachusetts,
United States of America. The Site
was created and is operated under
the laws of the Commonwealth of Massachusetts.
The laws of the Commonwealth of Massachusetts
shall govern the terms and conditions
provided in these Terms of Use and
Disclaimer, without reference to its
choice of law rules. The Company makes
no representation that materials in
the Site are appropriate or
available
for use in other locations. Any offer
or description of any product or service
on the Site is void where prohibited
by law. By using the Site, you represent
that you are at least 18 years old
and a U.S. resident. Those who choose
to access the Site from other locations
do so on their own initiative and
are responsible for compliance with
local or national laws, if and to
the extent local or national laws
are applicable.
You agree that regardless of any applicable
law to the contrary, you cannot file
a claim or cause of action arising
out of or related to the Site or these
Terms of Use or Disclaimer more than
one (1) year after such claim or cause
of action arose. You agree that if
any provision of these Terms of Use
and Disclaimer is held invalid or
unenforceable, the other provisions
of these Terms of Use and Disclaimer
shall remain in full force and effect.
You agree that any provision of these
Terms of Use and Disclaimer held invalid
or unenforceable only in part or degree
will remain in full force and effect
to the extent not held invalid or
unenforceable. You agree that the
Company may replace any invalid or
unenforceable provision of these Terms
of Use and Disclaimer with a valid
and enforceable provision that will
achieve, to the extent possible, the
economic, business and other purposes
of such invalid or unenforceable provision.
INDIVIDUAL
USAGE OF THERAPEUTIC PRODUCTS
The information provided via this
Site concerning therapeutic products
is not complete and should not be
used as a substitute for a consultation
or visit with a physician or other
health care provider. Except as expressly
stated and agreed in writing upon
in advance by the Company, no director,
employee, agent, or representative
of the Company, its subsidiaries or
affiliates are engaged in rendering
medical advice, diagnosis, treatment
or other medical services that in
any way create a physician–patient
relationship through this Site. Should
you have any health care related questions,
please see your physician or other
health care provider promptly.
FORWARD-LOOKING
STATEMENTS
This Site and the documents contained
in the Site contain forward-looking
statements within the meaning of the
Private Securities Litigation Reform
Act of 1995, including statements
regarding the progress and timing
of our drug development programs and
related trials and the efficacy of
our drug candidates, our future financial
position, business strategy and plans,
and objectives of management for future
operations. We may, in some cases,
use words such as “project,”
“believe,” “anticipate,”
“plan,” “expect,”
“estimate,” “intend,”
“should,” “would,”
“could,” “will,”
“may” or other words that
convey uncertainty of future events
or outcomes to identify these forward-looking
statements. No forward-looking statements
can be guaranteed, and actual results
may differ materially from those projected
as a result of various important factors,
including risks relating to: the results
of preclinical studies and clinical
trials with respect to our products
under development and whether such
results will be indicative of results
obtained in later clinical trials;
the timing and success of submission,
acceptance and approval of our regulatory
filings; our heavy dependence on the commercial success of ZYFLO CR™ (zileuton) extended-release tablets and ZYFLO® (zileuton tablets); our ability to obtain
the
substantial additional funding
required to conduct our research,
development and commercialization
activities; our dependence on our
strategic collaboration with MedImmune,
Inc.; and our ability to obtain, maintain
and enforce patent and other intellectual
property protection for drug candidates
and our discoveries. These and other
risks are described in greater detail
in the “Factors That May Affect
Future Results” section of our
most recent Report on Form 10-Q and
other filings that we periodically
file with the Securities and Exchange
Commission. If one or more of these
factors materialize, or if any underlying
assumptions prove incorrect, our actual
results, performance or achievements
may vary materially from any future
results, performance or achievements
expressed or implied by these forward-looking
statements. Our forward-looking statements
do not reflect the potential impact
of any future acquisitions, mergers,
dispositions, joint ventures or investments
we may make. All forward-looking statements
reflect our beliefs and expectations
as of the date made and should not
be relied upon as representing our
views as of any subsequent date. We
anticipate that subsequent events
and developments will cause our views
to change. However, while we may elect
to update these forward-looking statements
publicly at some point in the future,
we specifically disclaim any obligation
to do so, whether as a result of new
information, future events or otherwise.
NO CONFIDENTIALITY
Any communication or material that
you transmit to, or post on, the Site
by electronic mail or otherwise, including
any data, questions, comments, suggestions
or the like, is, and will be treated
as, non-confidential and non-proprietary
information. Subject to our Privacy
Policy applicable to certain personally
identifiable information, the Company,
its subsidiaries, vendors and any
of their affiliates may use such communication
or material for any purpose whatsoever,
including, but not limited to, reproduction,
disclosure, transmission, publication,
broadcast and further posting. Further,
the Company, its subsidiaries, vendors
and any of their affiliates are free
to use any ideas, concepts, know-how
or techniques contained in any communication
or material you send to the Site for
any purpose whatsoever. The sender
of any information to the Company
is fully responsible for its content,
including its truthfulness and accuracy
and its non-infringement of any other
person’s proprietary rights.
PRIVACY
POLICY
Please click here for the Privacy
Policy for the Site.
NO WARRANTIES;
LIMITATION OF LIABILITY
The Company makes no representation
or warranties, express or implied,
as to the accuracy, completeness,
reliability or usefulness of any information,
materials or opinions provided on,
posted on, or accessed through the
Site and expressly disclaims any obligation
to update said information. The Company
further assumes no liability or responsibility
for any errors or omissions in the
content of the Site. It is your responsibility
to verify any information contained
in this Site before relying upon it.
The Company does not warrant that
the functions contained in this Site
are free of computer viruses or other
harmful components. Without limiting
the foregoing, THE SITE AND ALL INFORMATION
ON THE SITE IS PROVIDED TO
YOU ON
AN "AS IS" AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS,
WITHOUT WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICU
LAR PURPOSE,
OR NON-INFRINGEMENT.
By using the Site, you agree that
all access to and use of the Site
and on any web site linked to from
the Site and the content thereof is
at your own risk. Neither the Company
nor any other party involved in creating,
producing or delivering the Site is
liable for any direct, incidental,
consequential, indirect or special
or punitive damages, whether based
in contract, tort, strict liability
or otherwise, arising out of your
access to, or use of, the Site, or
any web site linked to from the Site,
or any errors or omissions in the
content thereof. This includes damages
to, or for viruses that may infect,
your computer equipment, reliance
by any party on any content obtained
through the use of the 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 website or viruses,
whether caused in whole or in part
by negligence, acts of God, telecommunications
failure, theft or destruction of,
or unauthorized access to the Site,
or related information or programs.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY,
ITS SUBSIDIARIES, AFFILIATES AND VENDORS,
OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES,
OFFICERS OR AGENTS (COLLECTIVELY,
“COMPANY PARTIES”) BE
LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE,
MULTIPLE OR OTHER INDIRECT DAMAGES
THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE OR THE
INFORMATION CONTAINED ON THIS SITE,
EVEN IF ANY OF THE COMPANY PARTIES
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Please note that some jurisdictions
may not allow the exclusion of implied
warranties or allow the limitation
of liability, so some of the above
exclusions may not apply to you. Please
check your local laws for any restrictions
or limitations regarding the exclusion
of implied warranties or the limitation
of liability.
OFFER
AND SOLICITATION
THE INFORMATION PROVIDED ON THE SITE
DOES NOT CONSTITUTE AN OFFER OF OR
SOLICITATION FOR THE PURCHASE OR DISPOSAL
OF, TRADING OR ANY TRANSACTION IN
ANY SECURITIES OF THE COMPANY. INVESTORS
MUST NOT RELY ON ANY OF THE INFORMATION
ON THIS SITE IN MAKING ANY INVESTMENT
DECISIONS AND ANY SUCH RELIANCE IS
UNJUSTIFIED AND DONE AT SUCH INVESTOR’S
OWN RISK.
NO RESPONSIBILITY
FOR LINKS AND RESOURCES
The Site contains links to other web
sites. The Company is providing these
links to you only as a convenience,
and the inclusion of any link does
not imply endorsement by the company
of the third-party web site. The Company
does not have any knowledge of the
information contained in such other
web sites, nor does the Company have
any control over the content on such
web sites. The Company therefore does
not take any responsibility whatsoever
for information contained on other
web sites. Your linking to any other
off-web site pages or other web sites
is at your own risk.
USER
CONDUCT/VIOLATIONS
You may not use this Site to transmit
via or through the Site any information,
data, text, images, files, links,
software, chat, communication or other
materials that are unlawful, fraudulent,
harmful, threatening, abusive, harassing,
defamatory, vulgar, offensive, obscene,
pornographic, hateful or threatening
to any group defined by race, religion,
gender, national origin or sexual
orientation, or otherwise objectionable.
The Company reserves the right to
seek all remedies available at law
and in equity for violations of the
rules and regulations set forth in
this Site, including the right to
block access from a particular Internet
address to the Site.
COPYRIGHTS/TRADEMARKS
This Site is the property of the Company,
and the information contained and
referenced herein are for informational
purposes only. All images, trademarks
and text are the property of the Company
and may not be downloaded, distributed,
sorted, reused, reported, modified
or otherwise used except as provided
herein, without the express written
permission of the Company. Any and all downloaded
materials may be used by you for personal,
non-commercial use only. You may not,
however, distribute, modify, transmit,
reuse, repost or use any of such materials
for public or commercial purposes,
without the Company’s express
written permission. ALL COPYRIGHT
AND OTHER PROPRIETARY NOTICES CONTAINED
IN DOWNLOADED MATERIALS MUST BE RETAINED.
You should assume that all contents
of the Site are copyrighted unless
otherwise noted and may not be used
except as provided herein and without
the Company’s express written
permission. All product and service
names appearing in a typeface different
from that of the surrounding text
or with a trademark symbol, including the “Critical Therapeutics” logo, ZYFLO CRTM and ZYFLO®, are registered
and unregistered trademarks and service
marks owned by the Company or its
subsidiaries or affiliates or another
company. Any trademarks of third parties
appearing on this Site are the property
of such third parties and may be used
only with the owner’s permission.
Use of these marks, except as permitted
herein, is expressly prohibited. Your
misuse of the trademarks or logos
on this Site and in its contents is
strictly prohibited. Nothing contained
herein shall be construed as conferring,
by implication, estoppel or otherwise,
any license or right under any patent
or trademark of the Company or any
third party. Except as expressly provided
above, nothing contained herein shall
be construed as conferring any license
or right under any Company copyright.
NO DUTY
TO UPDATE
The Company may change this site at
any time without notice but we do
not assume any responsibility to update
it.
Effective Date: May 31, 2007
© 2007, Critical Therapeutics,
Inc. All rights reserved.
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