This site is owned by CYTOGEN Corporation ("Cytogen"). By accessing
and using CYTOGEN's website (this "Site"), you accept these
Terms of Use.
Terms of Use
1. PURPOSE OF SITE. This Site is for information purposes only.
This Site and its content herein should not be used by you for
diagnosing or treating a health or fitness problem or disease. Please consult
your physician or medical advisor on such matters.
2. FORWARD STATEMENTS. This Site contains certain "forward-looking"
statements within the meaning of the Private Securities Litigation
Reform Act of 1995 and Section 21E of the Securities Exchange
Act of 1934, as amended. All statements, other than statements
of historical facts, included on this Site regarding
our strategy, future operations, financial position, future
revenues, projected costs, prospects, plans and objectives of
management are forward-looking statements. The words "anticipates,"
"believes," "estimates," "expects,"
"intends," "may," "plans," "projects,"
"will," "would" and similar expressions
are intended to identify forward-looking statements, although
not all forward-looking statements contain these identifying
words. Such forward- looking statements involve a number of
risks and uncertainties and investors are cautioned not to put
any undue reliance on any forward-looking statement. Cytogen
cannot guarantee that Cytogen will actually achieve the
plans, intentions or expectations disclosed in any such forward-looking
statements. Cytogen's actual results may differ materially
from Cytogen's historical results of operations and those
discussed in the forward-looking statements for various reasons,
including, but not limited to, Cytogen's ability to carry
out its business and financial plans, to successfully develop
and commercialize acceptance of its products, to determine and
implement the appropriate strategic initiative for its AxCell
Biosciences subsidiary, to fund development necessary for existing
products and to pursue new product opportunities, the risk of
whether products result from development activities, protection
of its intellectual property portfolio, ability to integrate
in-licensed products, ability to
establish and successfully complete clinical trials where required
for product approval, the risk associated with obtaining the
necessary regulatory approvals, shifts in the regulatory environment
affecting sales of Cytogen's products such as third-party
payor reimbursement issues, dependence on Cytogen's partners
for development of certain projects, the ability to obtain foreign
regulatory approvals for products and to establish marketing
arrangements in countries where approval is obtained, and other
factors discussed in Cytogen's Form 10-K for the year ended
December 31, 2004, as amended, and from time-to-time in Cytogen's other
filings with the Securities and Exchange Commission. Any forward-looking
statements made by Cytogen do not reflect the potential
impact of any future acquisitions, mergers, dispositions, joint
ventures or investments Cytogen may make. Cytogen does
not assume, and specifically disclaims, any obligation to update
any forward-looking statements, and these statements represent
Cytogen's current outlook only as of the date given.
3. USE OF CONTENT. The content of this Site, including but not
limited to the information, materials, images and product names
(the "Content"), is protected under applicable copyright
and trademark laws. Quadramet® and ProstaScint® are registered United States trademarks of Cytogen Corporation. All other tradenames, trademarks or service marks appearing on this Site are the property of their respective owners, and not the property of Cytogen or any of our subsidiaries.
The Content may not be copied, modified, redistributed, or republished
in any way, except that you may download one (1) copy of the
Content for your personal and non-commercial use only, as long
as all copies of the Content retain all copyright, trademark,
and other proprietary notices. Nothing contained herein shall
be construed as conferring to you by implication, estoppel or
otherwise any license or right under any patent, trademark,
copyright or other property of Cytogen or any third party.
4. HYPERLINK SITES. This Site contains hypertext links to other
websites ("Hyperlink Sites"). Hyperlink Sites are
not Cytogen websites. If you access a Hyperlink Site you do so
at your own risk. Cytogen does not control or endorse any Hyperlink
Site, including its content. Cytogen makes no representations or
warranties whatsoever as to a Hyperlink Site including but not
limited to a Hyperlink Site's availability or its content.
5. PERSONAL INFORMATION. You may elect to provide Cytogen with
certain personal information ("Personal Information"). In such event, Cytogen and its affiliates will
not use, market, rent, sell, or otherwise distribute this Personal
Information except for the purpose of fulfilling your requests. To improve the content and usability of
this Site, Cytogen may collect non-personal information about your
web viewing habits while you navigate this Site, including but
not limited to, navigation trends, hits per page/per user, and
time allocation ("Web Information"). Cytogen obtains
this Web Information through the use of customized software,
which may include the use of cookies. Any and all information
provided by you to Cytogen that is not Personal Information including
but not limited to, Web Information, communications, and materials
shall be deemed to be non-confidential and non-personal. As
such Cytogen and its affiliates may reproduce, use, disclose, and
distribute such non-confidential information for any purpose
whatsoever. Any Personal Information in electronic communications to this Site is governed by this Site's Privacy Policy.
6. DISCLAIMER OF WARRANTY. This Site is provided by Cytogen
on an "as is" and "as available" basis.
Cytogen makes no warranties or representations of any kind,
either express or implied as to the operation of this Site (including
its availability) or the products, materials, or Content included
on this Site. Further, Cytogen expressly disclaims any obligation
to update or correct information contained on this Site and
explicitly disclaims any duty to do so. Cytogen assumes no liability
or responsibility for any errors or omissions in the Content
of this Site. You expressly agree that your use of this Site
is at your own risk and as such you assume full responsibility
and all risks arising from your use of this Site. To the full
extent permitted by applicable law, Cytogen disclaims all warranties,
express or implied, including but not limited to, warranties
of merchantability, fitness for a particular purpose, title
or non-infringement. Cytogen does not represent or warrant that
the functions contained in this Site will be uninterrupted or
error-free or that this Site or the server that makes it available
are free from viruses or other harmful components.
7. LIMITATION OF LIABILITY. To the full extent permitted by
applicable law, in no event shall Cytogen, its affiliates, directors,
officers, employees, representatives, and agents be liable for
any damages of any kind arising from the use of this Site or
a Hyperlink Site, including but not limited to, direct, indirect,
incidental, punitive, and consequential damages. Certain jurisdictions
do not permit limitations on implied warranties or the exclusion
of certain damages. Please check if such laws apply to you.
8. MODIFICATIONS. Cytogen reserves the right to modify this Site
including its Content, policies, and Terms of Use at any time
without prior notice to you.
9. SEVERABILITY. If any term or condition of these Terms of
Use shall be deemed to be invalid, void, illegal, or for any
reason unenforceable, that term or condition shall be deemed
severable and shall not affect the validity and enforceability
of the remaining terms and conditions.
10. GOVERNING LAW AND JURISDICTION. In the event of any dispute
between you and Cytogen or its affiliates arising under or from
these Terms of Use or your use of this Site, such dispute shall
be governed and construed under the laws of the State of New
Jersey without regard to principles of conflict of laws. Furthermore
you hereby agree to submit to the jurisdiction of the courts
located in Princeton, New Jersey.
Copyright © 2004 CYTOGEN Corporation, Princeton, New Jersey
USA. All rights reserved.
