Terms and Conditions of Use

Terms and Conditions of Use

ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Copyright and Trademark Information

This web site, and the information which it contains, is the property of CytRx Corporation ("CytRx") and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site are unregistered trademarks of CytRx.

All other product names are trademarks or registered trademarks of their respective owners.

Use of CytRx Web Site and Its Content

The information contained throughout this web site is provided by CytRx for informational purposes only. Although CytRx will use reasonable efforts to include accurate and up-to-date information on this site, it makes no warranties or representations as to its accuracy.

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

You may download, view, copy and print content, subject to the following:

  1. content may be used solely for personal, informational, or internal business purposes;
  2. any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
  3. the content may not be modified or altered in any way; and
  4. no graphics may be used separate from accompanying text.

Requests for such permission to use content other than described above should be made to blevin@cytrx.com. Any rights not expressly granted herein are reserved. Please be advised that CytRx enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than CytRx may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of CytRx or such third party that may own the trademark or copyright of material displayed on this web site.

No Warranties

INFORMATION AND DOCUMENTS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CYTRX DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CYTRX NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF CYTRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Web Sites

These Terms and Conditions apply only to www.cytrx.com. This web site may contain links to non-CytRx web sites. These links are provided to you as a convenience, and CytRx is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from CytRx, and CytRx has no control over the content of that web site. In addition, a link to any non-CytRx web site does not imply that CytRx endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by CytRx of that third party or of any product or service provided by a third party.

Jurisdictional Issues

CytRx makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforcement of Terms and Conditions

These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Los Angeles, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, CytRx shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of California or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. CytRx may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by CytRx, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact cytrx@cytrx.com.

FORWARD-LOOKING STATEMENTS DISCLAIMER

The documents contained in (or directly accessible from) this web site include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our future expectations, plans, prospects and future operating results and any other statements containing the words "believes", "expects", "anticipates", "plans", "estimates" and similar expressions. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to inherent risks and uncertainties, including but not limited to the scope of the clinical testing that may be required by regulatory authorities for our molecular chaperone co-induction drug candidates, including with respect to arimoclomol for the treatment of amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease), our HIV vaccine candidate and our other product candidates, and the outcomes of those tests; uncertainties related to the early stage of our diabetes, obesity, cytomegalovirus, or CMV, and ALS research; the need for future clinical testing of any small molecules and products based on RNAi that may be developed by us; the significant time and expense that will be incurred in developing any of the potential commercial applications for our small molecules or RNAi technologies; risks or uncertainties related to our ability to obtain capital to fund our ongoing working capital needs; risks relating to the enforceability of any patents covering our products and to the possible infringement of third party patents by those products; and other risks identified in the filings CytRx makes from time to time with the SEC. CytRx disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was first made.

HISTORICAL STOCK PRICE DATA DISCLAIMER

"This data is provided as a convenience for stockholders and is for informational purposes only. This data is not intended, and should not be relied upon, for trading purposes. Neither CytRx nor its data providers guarantee the accuracy or completeness of any stock price or other data displayed, nor shall any such party be liable in any way to the user of the data or to any other person for any delays, inaccuracies, errors in, or omission of any such data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby. Investors are reminded that historical and current stock price performance data are not necessarily indicative of future performance."