Content

The information provided on the NextWave Website is for general company and product information and educational purposes only. As such, the NextWave Website and its contents should not be relied upon as an exclusive source of information and is not intended to be a substitute for professional medical advice, diagnosis or treatment. In particular, you should not rely on the content contained herein for diagnosing a health problem or disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding our products or any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on the NextWave Website.

Proprietary Rights

The content of this web site, including without limitation, all text, images, and documents published herein, are owned by and subject to copyright by NextWave with all rights reserved, and may not be modified, distributed, copied, posted or transmitted without NextWave’s prior written consent. Material may be downloaded for personal and non-commercial use only, provided that all copyright notices and other identifying information are retained on downloaded or copied materials. All product and trade names displayed on this site are trademarks of NextWave or its related entities. The use or misuse of these trademarks or other proprietary materials is expressly prohibited.

Additional Terms

Certain Content on the NextWave Website may be subject to separate or additional terms or conditions of use as stated either on the NextWave Website or in such Content. You agree to comply with such terms and conditions with respect to your use of such Content.

Separate information

No information or material provided to NextWave by you through our Web site may contain vulgar, obscene, threatening or otherwise unlawful language or material. NextWave will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted to us.

Third Party Web Sites

This web site may contain links to other web sites. NextWave is providing these links only as a convenience and assumes no responsibility or liability for information or content contained on other Web sites. Linking to any other Web sites is at your own risk and such Web sites may be controlled by their own Terms of Use to which you may be subject.

Children's Policy

We do not intend to collect any personally identifiable information from children through our Web site. Please do not allow children under the age of 13 to provide any personally identifiable information related to our Web site.

Feedback

NextWave will treat any suggestions, questions, comments, data, materials or the like other than personally identifiable information (collectively, the “Feedback”) sent to NextWave as non-confidential and non-proprietary information. NextWave shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that NextWave shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that NextWave shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.

Trademarks

NextWave names and logos referenced on the Web site are trademarks of NextWave in the United States and other countries and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NextWave.

All other trademarks not owned by NextWave that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NextWave.

If you use the materials or trademarks on this Web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this Web site. Title to the materials remains with us or with the authors of the materials contained on this Web site. All rights not expressly granted are reserved.

Indemnification

You agree to defend, indemnify, and hold harmless NextWave and its related entities from and against any claim or demand made by any third party, and all associated liabilities, costs, damages, and expenses arising out of or relating to your browsing or use of this site, content or information you transmitted to or though this site, your violation of any third party's rights, or your breach of these Terms of Use.

Disclaimer/Warranty

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY. THIS WEB SITE IS PROVIDED BY NEXTWAVE ON AN "AS IS" BASIS. NEXTWAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXTWAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. NEXTWAVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, ANY DELAYS ON THIS WEB SITE, OR THE INABILITY TO USE THIS WEB SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEXTWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

To the fullest extent permitted under law, neither NextWave nor its related entities shall be liable to you for any damages, harm, or injuries whatsoever, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, lost profits, or damages resulting from lost data or business interruption, resulting from or relating to your use or inability to use this site or its content.

Reservation of Rights

NextWave reserves the right to restrict, terminate, or limit your access to this site at any time, with or without notice. NextWave reserves the right to make changes to its site, policies, and these Terms of Use at any time without notice.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois. You irrevocably consent to the jurisdiction of the courts of Illinois for any action arising from or out of your use of this site or its content.

If you have any questions about the foregoing, please contact NextWave at the following e-mail address: to info@nextwavepharma.com.