TERMS OF USE

This website is designed to provide information about our company, and details of its product candidates to our investors, partners, patients, and researchers. Please read the Terms of Use for our site carefully, because your use of this website is subject to this notice as well as any applicable laws, rules, and regulations. By using the website, you agree to be bound by the terms contained in this notice, and any subsequent modifications TheraQuest may make.

Trademarks
TheraQuest Biosciences and Innovations in Pain Medicine are trademarks of TheraQuest Biosciences, LLC (“TheraQuest”). Other product and company names mentioned herein may be the trademarks of their respective owners. No logo, graphic, sound or image from any TheraQuest web site may be copied or retransmitted unless expressly permitted by TheraQuest.

Copyright
The TheraQuest Biosciences website is Copyright © 2001 - 2004 TheraQuest Biosciences, LLC. All rights reserved.

Product and Service Descriptions
TheraQuest is not engaged in rendering medical, healthcare, or other professional advice.
The product descriptions provided on this website are for the information of TheraQuest customers, and are not warranties or promises regarding the products, their features or performance.

This website may contain information on medical and health-related topics. This information, including any product data, is for informational purposes only and is not intended to describe or make claims about the safety or efficacy of any product. This information is also not meant to be a substitute for the advice provided by your own physician or other health professional, and you should not use this information for diagnosing or treating a health problem, disorder or disease. You should always consult your own physician before undertaking or changing any medical treatment, drug therapy, or healthcare activities.

No Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THERAQUEST MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. THERAQUEST MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability
YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. THERAQUEST SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THERAQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification
If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify and hold harmless TheraQuest, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.

Links
This TheraQuest website may contain links to websites operated by other parties. The linked sites are not under the control of TheraQuest, and TheraQuest is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply TheraQuest’s endorsement of material on any other site and TheraQuest disclaims all liability with regard to your access to such linked websites. TheraQuest provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.

Unless otherwise set forth in a written agreement between you and TheraQuest, you must adhere to TheraQuest’s linking policy as follows: (i) any link to the website must be a text only link clearly marked "TheraQuest Biosciences Website," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TheraQuest’s name and trademarks, (iii) the link must "point" to the following URL: www.theraquestinc.com and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TheraQuest (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (vi) TheraQuest reserves the right to revoke its consent to the link at any time and in its sole discretion.

Press Releases and Announcements; Forward-Looking Statements
With respect to information accessible through this page that was prepared by TheraQuest, any statements contained in such information that are not historical facts are forward-looking statements. Such forward-looking statements are necessarily estimates reflecting the judgment of TheraQuest senior management based upon current information available when the statements were made. These statements involve a number of risks and uncertainties and are made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1965. The actual results may differ materially from the results projected in such forward-looking statements due to risks and uncertainties that exist in TheraQuest’s operations and business environment and any factors identified in the specific information accessed. All such forward-looking statements should be considered in light of these factors, and there can be no assurance that these factors or other factors will not affect the accuracy of such forward-looking statements.

Use of Information
TheraQuest reserves the right, and you authorize TheraQuest, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with this User Agreement and applicable federal law.

Notice Specific to Documents Available on This Web Site
TheraQuest authorizes you to view and download the information at this Web site (“Materials”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Web Site as it may be updated from time to time. This Web Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, TheraQuest does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Unsolicited Ideas and Concepts
Any information provided to TheraQuest in connection with any TheraQuest web site shall be provided by the submitter and received by TheraQuest on a non-confidential basis. TheraQuest shall be free to use such information on an unrestricted basis and such information will become the exclusive property of TheraQuest to be used by it as it deems appropriate without compensation of any kind to any other party.

Rights Reserved
Any rights not expressly granted herein are reserved. TheraQuest reserves the right to change this Agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the user's acceptance of such changes.

Governing Law and Arbitration
The law of the Commonwealth of Pennsylvania shall govern these terms and conditions, without reference to its choice of law rules. TheraQuest makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any disputes arising under or related to this User Agreement or TheraQuest’s products and/or services shall be settled by Arbitration. There shall be one single arbitrator appointed by the General Counsel of the American Arbitration Association. The arbitration shall be held in Philadelphia County in the Commonwealth of Pennsylvania, unless otherwise agreed by the parties; and the arbitration award shall be final and non-appealable and such award may be entered in any court having jurisdiction. Any such arbitration proceeding shall be conducted in accordance with the commercial arbitration rules of the AAA.