Terms of Use | EPIEN Medical, Inc.

LEGAL DISCLAIMER AND TERMS OF USE FOR THIS INTERNET SITE

This page provides the terms and conditions under which you may use this web site (“Terms and Conditions”). EPIEN Medical, Inc. (”EPIEN”) may update this posting and may modify the Terms and Conditions at any time at its discretion. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE (”SITE”). BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

ACCESS TO THIS SITE

EPIEN may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this Site, you agree to indemnify, hold harmless and defend EPIEN from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.

FORWARD-LOOKING STATEMENTS

This web site may contain forward-looking statements, which reflect EPIEN’s current expectations and are based on the information available to it at this time. These forward-looking statements may include, but may not be limited to, statements regarding anticipated scientific progress on and expenses of EPIEN’s research programs, development of product candidates, interpretation of clinical results, prospects for regulatory approval, manufacturing development and capabilities, market prospects for product candidates, and other statements regarding matters that are not historical facts. The forward-looking statements involve risks and uncertainties. EPIEN can give no assurance with regard to these statements. Actual events, results or performance could differ materially from any future events, results or performance expressed or implied by statements on this web site, and depend on a number of factors, including successful and timely completion of clinical studies, uncertainties related to the regulatory process and commercialization of products thereafter. Given these uncertainties, you should not place undue reliance on these forward-looking statements. Except as required by law, EPIEN assumes no obligation to update these forward-looking statements.

NOT INVESTMENT INFORMATION

The content that is made available to you on this web site is for information purposes only and is not intended to constitute an offering of securities in any jurisdiction. Information disclosed under the corporate and securities laws of the United States, Canada, and/or other foreign jurisdictions is applicable to EPIEN is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on this web site.

INTELLECTUAL PROPERTY NOTICE

EPIEN either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on this web site, or has the right to use such content. All such content is protected by copyright, patent, trademark and other intellectual property laws of the U.S., Canada, and/or foreign jurisdictions. Except as expressly allowed by these Terms and Conditions, all rights are reserved by EPIEN. Unauthorized use of the content may violate applicable copyright, trademark or other intellectual property laws or other laws.

LICENSE GRANT

Subject to the Terms and Conditions set forth herein, EPIEN grants to you a limited, non-transferable, non-exclusive license to print, download and use materials and information on this web site only for non-commercial, personal purposes. Except as expressly allowed by these Terms and Conditions, nothing contained in this Section shall be construed as conferring any right in any copyright, trademark or other intellectual property of EPIEN or any other person who owns the copyright or other intellectual property in the content provided on this web site. You agree not to copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble any aspect of the web site and materials and information contained therein without the express consent of EPIEN.

NO WARRANTIES

Medical information that appears on this web site is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. Reliance on any materials and information, including but not limited to such medical information, provided on this web site (“Content”) is solely the responsibility of the individual. While EPIEN makes commercially reasonable efforts to ensure the timeliness and accuracy of the Content present on this web site, EPIEN does not warrant the timeliness, accuracy, quality, or completeness of any Content on this web site. Further, EPIEN makes no representations about the suitability of any Content on this web site for any purpose. All Content is provided “as is” without express or implied warranty or condition of any kind. This web site may include inaccuracies or typographical errors.

LIMITATION OF LIABILITY

In no event shall EPIEN or any third party mentioned at this web site be liable to you for any damages whatsoever, including direct, special, indirect or consequential damages or loss (including but not limited to loss of profits and data), arising out of or in connection with the use of this web site and any reliance on the information and materials available on this web site, even if EPIEN or any such third party has been advised of the possibility of such damage or loss.

LINKS TO OTHER SITES

This web site may contain links to other web sites which are provided solely as a convenience to you and not as an endorsement by EPIEN of the contents of such other web sites. EPIEN shall not be responsible for the content of any other web sites and does not make any representations or warranties regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

MISCELLANEOUS

This web site is controlled and operated by EPIEN from its offices in the state of Minnesota in the United States. These Terms and Conditions are governed by and to be construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions.

EPIEN, the EPIEN logo, and the terms HybenX® and Debacterol® are trademarks of EPIEN Medical, Inc. Any use of such marks without the express written permission of EPIEN is strictly prohibited.