Terms of Use
Welcome to the CNS Pharmaceuticals, Inc. ("CNS Pharma") website. The information provided on this website is for general informational and educational purposes only.
Please read and review this Terms of Use Agreement carefully before accessing or using this website because they constitute a legal agreement between CNS Pharma and you. By accessing or using this website, you acknowledge that you have read, understood and agreed to this Terms of Use Agreement, you will comply with the terms, and you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. If you are using the website on behalf of your employer, your acceptance of this Terms of Use Agreement is deemed an agreement between your employer and CNS Pharma, and you represent and warrant that you have authority to bind your employer to this Terms of Use Agreement.
If you do not agree to the Terms of Use Agreement, you may not access or use the website.
1. Use of Website. The information provided on this website is for general informational and educational purposes. Certain sections of this website are intended for audiences including CNS Pharma's investors, as well as members of the health care community and the general public. Your access to and use of the information contained in the website is subject to this Terms of Use Agreement. By accessing and using this website, you accept, without limitation or qualification, this Terms of Use Agreement.
2. Content; No Representations or Warranties and Limitation of Liability. CNS Pharma will use reasonable efforts to include accurate and up-to-date information on this website.
CNS PHARMA DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), OR ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, CURRENCY OF SUCH INFORMATION OR MATERIALS, OR THE FREQUENCY THAT THEY ARE UPDATED. YOU AGREE THAT THE CNS PHARMA WEBSITE AND EVERYTHING ON THE CNS PHARMA WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CNS PHARMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ITS WEBSITE OR YOUR USE OF THE WEBSITE. CNS PHARMA MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES THAT (I) THE CNS PHARMA WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE CNS PHARMA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CNS PHARMA WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY INFORMATION, GOODS OR SERVICES AVAILABLE ON THE CNS PHARMA WEBSITE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS ON THE CNS PHARMA WEBSITE WILL BE CORRECTED, OR (VI) YOUR USE OF THE CNS PHARMA WEBSITE OR ANY MATERIAL OBTAINED FROM THE CNS PHARMA WEBSITE WILL NOT CAUSE ANY HARM OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THAT NO LOSS OF DATA WILL RESULT FROM OBTAINING SUCH MATERIAL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR USE OF CNS PHARMA'S WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL CNS PHARMA OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR ANY CLAIMS OR LOSSES, RESULTING FROM OR IN CONNECTION WITH THE CREATION OR USE OF, OR RELIANCE ON, THIS WEBSITE, ANY OTHER CNS PHARMA WEBSITE OR ANY LINKED WEBSITE CONTAINED IN ANY SUCH WEBSITES, OR ANY OF THE INFORMATION ACCESSED THROUGH ANY SUCH WEBSITE OR FROM THE INABILITY TO USE ANY SUCH WEBSITE. THIS LIMITATION INCLUDES DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF CNS PHARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CNS PHARMA WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE CNS PHARMA WEBSITE; (IV) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY CNS PHARMA; OR (V) ANY OTHER MATTER RELATING TO THE CNS PHARMA WEBSITE. THE DISCLAIMERS AND LIMITATIONS PROVIDED IN THESE TERMS SHALL APPLY IRRESPECTIVE OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
3. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the CNS Pharma website and you agree to defend, indemnify, and hold harmless CNS Pharma and any of its officers, directors, employees, agents, suppliers, third party partners or affiliates from and against any claims, actions, or demands, and any related liability, damage, loss, and expense, including without limitation reasonable legal and accounting fees, alleging or resulting from or connected with (i) your use of or reliance on any CNS Pharma or third-party content, (ii) your unauthorized use of, or misuse of, the CNS Pharma website, or (iii) your violation of any portion of this Terms of Use Agreement, any representation, warranty, or any applicable law or regulation. CNS Pharma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with CNS Pharma's defense of those claims.
4. Privacy. CNS Pharma respects the privacy of its website users. Please refer to CNS Pharma's Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this website.
5. Third Party Websites and Links. This website may contain references or links to other websites maintained by third parties over whom CNS Pharma has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third-party links over which CNS Pharma has no control. CNS Pharma makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such third-party websites, including any third-party social media or mobile app platform. Inclusion of any third-party link on this website does not imply an endorsement or recommendation by CNS Pharma and a link to this website from another website does not imply a relationship between CNS Pharma and any third party. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).
6. Medical Information. This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. CNS Pharma is not engaged in rendering medical or similar professional services or advice. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
7. Forward Looking Statements. This website contains forward-looking statements about CNS Pharma's financial and operating performance, business plans and prospects, and development of CNS Pharma's product candidates that involve substantial risks and uncertainties. In some cases, forward-looking statements can be identified by terminology such as "anticipate", "believe", "estimate", "expect", "intend", "may", "plan", "predict", "project", "target", "potential", "likely", "will", "would", "could", "should", "continue" and similar expressions, although not all forward-looking statements contain these words. Such statements are based on CNS Pharma's management's current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements. Such risks and uncertainties include, among other things, the content and timing of decisions made by the U.S. Food and Drug Administration, European Medicines Agency and other regulatory authorities; the uncertainties inherent in the initiation and conduct of clinical trials, availability and timing of data from clinical trials; whether results of early clinical trials or studies in different disease indications will be indicative of the results of ongoing or future trials; uncertainties associated with regulatory review of clinical trials and applications for marketing approvals; the availability or commercial potential of product candidates; competitive developments; the ability to successfully market products; challenges to the validity and enforcement of CNS Pharma's intellectual property; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding product access, pricing and reimbursement; general economic conditions; the ability to retain and hire key personnel; the sufficiency of cash resources and need for additional financing; and such other important factors as are set forth in CNS Pharma's annual and quarterly reports and other filings on file with the U.S. Securities and Exchange Commission. The information presented on this website is believed to be current as of the date of its original publication. The forward-looking statements on this website are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties and other factors, many of which are beyond CNS Pharma's control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements. CNS Pharma assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Please note that while CNS Pharma's filings with the U.S. Securities and Exchange Commission are available on or through Internet links contained on the website, no information contained on or available through the website is incorporated by reference into or considered to be part of such filings. Nothing on this website will be deemed to constitute an invitation to invest or otherwise deal in shares or other securities in CNS Pharma.
8. Submissions to website; Non-Confidential Information. Certain areas of the website may enable you to access online forums and to submit e-mails, or otherwise provide feedback or information to us. Subject to any applicable terms and conditions set forth in CNS Pharma's Privacy Policy, any communication or other material that you send to us through the Internet or post on CNS Pharma's website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and CNS Pharma shall have no obligation of any kind with respect to such information. CNS Pharma shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your access to or use of the website.
9. Trademarks. The trademarks, trade names, logos and service marks (collectively the "Trademarks") displayed on the website, whether or not appearing in large print or with the trademark symbol, are registered and unregistered Trademarks of CNS Pharma, its affiliates, related companies or its licensors, unless otherwise noted. The use or misuse of these Trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or Trademark of CNS Pharma, or any third party. Please be advised that CNS Pharma will actively and aggressively enforce its intellectual property rights to the fullest extent of the law.
10. Copyrights and Use of Information. The entire contents of this website are subject to copyright protection. You may freely browse, access, download or use information from the website ("Information") for your own temporary, non-commercial use. You have no rights in or to the Information, and you will not use, copy or display the Information, except as permitted under this Terms of Use Agreement. No other use is permitted without CNS Pharma's prior written consent. CNS Pharma may own the Information, or portions of the Information may be made available to it through arrangements that CNS Pharma has with third parties. The Information is protected by United States and foreign intellectual property laws. Unauthorized use of the Information may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Information or reproduce, display, publicly perform, make a derivative version of, distribute, transmit, reuse, repost, or otherwise use the Information in any way for any public or commercial purpose without CNS Pharma's written permission. You may not use the website or the Information from the website (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or that has any unlawful or fraudulent purpose or effect; (iii) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or (iv) to make unauthorized attempts to access any of CNS Pharma's systems or third party networks. The use or posting of any of the Information on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these terms, your right to access and/or use the Information and website shall automatically terminate and you shall immediately destroy any copies you have made of the Information. CNS Pharma reserves the right to withdraw, amend or revise the website without notice. CNS Pharma will not be liable if for any reason this website is unavailable at any time or for any period.
11. Void Where Prohibited. This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside of the U.S., the information pertaining to CNS Pharma products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. You understand that CNS Pharma makes no representation that the information in the website is appropriate or available for use in locations outside of the United States, and access to the website from territories where the content of the website may be illegal or inappropriate is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. CNS Pharma reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services it provides. Any offer for any product or service made on this website is void where prohibited.
12. Governing Laws. This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of Nevada without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nevada and you hereby consent and submit to the exclusive jurisdiction of such state and federal courts. You will comply with any applicable export restrictions under any applicable export control laws and not export or re-export any of the Information to countries or persons prohibited under such export control laws. If you are in a country where such export is prohibited or are a person or entity for which such export is prohibited, you may not download any Information. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Information.
13. Miscellaneous. If any provision of this Terms of Use Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. CNS Pharma reserves the right to alter or delete materials from this website at any time at its discretion. You understand and agree that CNS Pharma may change this Terms of Use Agreement at any time without prior notice. You may read a current, effective copy of these this Terms of Use Agreement at any time by selecting the "Terms of Use" link on the website. CNS Pharma may revise these terms at any time without prior notice. Any use of the website after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Terms of Use Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the website. These terms will inure to the benefit of CNS Pharma's successors, assigns, licensees, and sublicensees.