Terms and Conditions

Terms And Conditions For Usage Of EntreMed.Com
The terms, conditions and notices for usage of entremed.com (the “Terms and Conditions”) are contained herein. As used herein, “you” and “your” refers to the user of entremed.com, which is operated by EntreMed, Inc., and “we”, “us” and “our” refers to EntreMed, Inc. The Terms and Conditions govern your use of entremed.com.

Usage of entremed.com is offered to you by us conditioned on your acceptance without modification of the Terms and Conditions. By using entremed.com, you agree to and shall abide by all of the Terms and Conditions.

Modification Of These Terms And Conditions
We reserve the right to change the Terms and Conditions, including but not limited to the changes associated with your use of entremed.com. You agree to and shall regularly review the Terms and Conditions in order to ensure your continuing compliance with the Terms and Conditions, as amended from time to time. You may find the Terms and Conditions on-line at http://www.entremed.com/legal/terms-and-conditions

Safe Harbor
Statements herein that are not descriptions of historical facts are forward-looking and subject to risk and uncertainties. Actual results may differ materially from those currently anticipated due to a number of factors, including those set forth in the Company’s Securities and Exchange Commission filings including risks relating to our ability to obtain additional financing; the early-stage products under development; uncertainties relating to clinical trials; our success in the further clinical development of Panzem® NCD; dependence on third parties; future capital needs; and risks relating to the commercialization, if any, of the Company’s proposed products (such as marketing, safety, regulatory, patent, product liability, supply, competition and other risks).

Information Collection and Use
You may visit our website without revealing any personally identifiable information. However, access to certain options and services require personally identifiable information and without providing such personally identifiable information, you may be unable to access certain options and services. We collect personally identifiable information about you only if you voluntarily provide it to us and you have the option not to provide any personally identifiable information. Any information you voluntarily provide to us will be used solely for the purpose stated on our website and will not be shared with any third party. Specifically, email address and names submitted during the process of emailing content on our website is not maintained in our database. Email addresses submitted for the purpose of subscribing to our electronic Press Releases are maintained in our database until you choose to unsubscribe. Should you choose to unsubscribe, your information will be permanently deleted.

Personal And Non-Commercial Use Limitation
Unless otherwise specified, entremed.com is for your personal and non-commercial use. You may not and shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from entremed.com.

Links To Third Party Sites
entremed.com may contain links to other web sites (”Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for Webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association by us with the Linked Site’s operators.

No Unlawful Or Prohibited Use
As a condition of your use of entremed.com, you warrant to us that you will not use entremed.com for any purpose that is unlawful or prohibited by the Terms and Conditions. You may not and shall not use entremed.com in any manner that could damage, disable, overburden, or impair entremed.com or interfere with any other party’s use and enjoyment of entremed.com. You may not and shall not obtain or attempt to obtain through entremed.com any materials or information through any means not intentionally made available or provided by us.

Warranty Disclaimers
The information included in or available through entremed.com may include inaccuracies or typographical errors. We reserve the right to and periodically do make changes to the Terms and Conditions. Advice and information received by you from entremed.com may not and should not be relied upon by you when you make personal decisions of a medical, legal, financial, or any other nature, and you should consult an appropriate professional for specific advice tailored to your situation.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN ENTREMED.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation Of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ENTREMED.COM, WITH THE DELAY OR INABILITY TO USE ENTREMED.COM OR RELATED SERVICES, OUR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ENTREMED.COM, OR OTHERWISE ARISING OUT OF THE USE OF ENTREMED.COM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES AND JURISDICTIONS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF ENTREMED.COM, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ENTREMED.COM.

Termination/Access Restriction
We reserve the right, in our sole discretion, to terminate or restrict your access to any or all of entremed.com and the related services or any portion thereof at any time, without notice.

Breach
You agree that your failure to abide by any provision of the Terms and Conditions may be considered by us to be a material breach of the Terms and Conditions by you, and if we determine that you have materially breached the Terms and Conditions, then we may immediately terminate or restrict your access to and use of entremed.com, without notice to you. Any such breach by you will not be deemed to be excused simply because we do or did not act in response to that or any other breach by you.

Non-Waiver
Except as otherwise expressly provided herein, no waiver by us of any provision of the Terms and Conditions will be deemed to have been made unless expressed in writing and signed by us. Our failure to require performance by you of any provision of the Terms and Conditions will not constitute a waiver of our rights to enforce the Terms and Conditions and will not affect our rights to require such performance at any time thereafter. Our acceptance of your performance under the Terms and Conditions with knowledge of a breach of any provision of the Terms and Conditions will not be deemed a waiver of such breach and will not be deemed a waiver of the provision itself. No waiver by us of any breach of the Terms and Conditions by you will be construed as a waiver with respect to any other breach of the Terms and Conditions by you.

General
The Terms and Conditions are and will be governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the city of Rockville, Maryland, USA in all disputes arising out of or relating to the use of entremed.com. Use by you of entremed.com is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms and Conditions or your use of entremed.com. Our performance in accordance with the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of entremed.com or information provided to or gathered by us with respect to such use. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions will continue in full force and effect. Unless otherwise specified herein, the Terms and Conditions constitute the entire agreement between you and us with respect to your use of entremed.com and the Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your use of entremed.com. A printed version of the Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.