1. Site Use
Welcome to www.photofrin.com (“Site”), the official website for Pinnacle Biologics, Inc. (together with its parent, subsidiaries and affiliates, individually and collectively, “Pinnacle” or “we” or “us”) product, “Photofrin”®. The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to or registered member of the Pinnacle community. These Terms of Use govern your use of the Site. Registration and certain other information submitted by you are subject to our applicable privacy statement, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full privacy statement at http://concordiarx.com/privacy /. You understand that through your use of this Site, you consent to the collection and use of this information (as set forth in the applicable privacy statement).

By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our privacy statement, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.

If you want to use this Site, carefully read these Terms of Use. It constitutes a written agreement between you and Pinnacle and it affects your legal rights and obligations.

Pinnacle reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Site. In addition, Pinnacle may post additional terms, conditions, rules or requirements related to the Site and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, Pinnacle also may offer other services or features governed by different Terms of Use.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

2. Not Medical Advice
(a) THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site and its Content (as defined below) are for general informational purposes only and are not intended to be a replacement or substitute for the standard practices, professional judgment, skill and expertise of a health professional, or for professional medical advice, diagnosis, or treatment. You should consult an appropriate medical or other professional adviser as to the application of any particular technique, practice or information referred to on the Site or in the Content to your particular circumstances. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking medical advice as a result of the Site or Content. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

You understand and acknowledge that many factors unknown to Pinnacle may affect the application of any statement, comment or information that is made available through the Site or the Content to your particular circumstances. It is your sole responsibility to obtain health care for yourself, and Pinnacle does not assume, and actively disclaims, responsibility for how the information provided on this Site may be used, including as the basis for care, and Pinnacle assumes no, and actively disclaims, all responsibility whatsoever with respect to the usage of such information, which information is provided with no representations, warranties, or conditions, whether express or implied.

(b) Communication with the Pinnacle and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“Representatives”) as provided by the Site or Content (as defined herein) is for general informational purposes only and is not intended to provide a means to communicate professional medical advice, diagnosis, or treatment. Pinnacle is not a medical provider and cannot give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. Pinnacle and its Representatives are under no obligation to respond to these communications.

(c) Other than with respect to a general endorsement of the Pinnacle products on this Site, which endorsement again is not specific to your particular circumstances, Pinnacle does not recommend or endorse any specific products, tests, physicians, procedures, opinions, or other information that may be referred to on or in the Site or Content. Reliance on (i) any information provided by Pinnacle or its Representatives, (ii) the Site, or (iii) the Content is solely at your own risk.

3. Age Requirement
By using this Site, you certify that you are 18 years of age or older or the age of majority in the jurisdiction in which you reside, if such age of majority is other than 18 years of age. Children under the age of 18 may not visit this Site or submit any materials of any nature to this Site. If you are a resident of a state, province or country that imposes additional or different age requirements for submitting any information or materials, by submitting such information or materials, you hereby represent that your use of the Site, the provision of such information and materials to us, and our use of such information and materials as described in these Terms of Use, does not violate the applicable laws or regulations of such state, province or country.

4. Site Content Ownership
This Site and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights included in or associated with the Site, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by Pinnacle or others and licensed to us. All right, title and interest in and to the Site and such Content remains with us or our licensors, as applicable.

5. Limited Right to Use Site Materials
This Site and all of the Content available on the Site are the property of Pinnacle and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of Pinnacle’s rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, however, from time to time, download and/or print copies of brochures and catalogs found on the Site for your use in selecting and purchasing Pinnacle products and/or services, provided that you keep intact all copyright, trademark registration and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found here. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. Your use of the Site does not grant you any right, license or permission of any kind to reproduce or use Pinnacle’s, its affiliates’ or its licensors’ intellectual property.

6. Rights of Others
Pinnacle respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Site, then please see Section 13, below.

7. Limitations on Linking and Framing
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website, product or service by Pinnacle. However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.

8. Linking and Third Party Content
The Site may contain links to third party websites not under our control or operation. Pinnacle or users may provide any such links only as a convenience; Pinnacle does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third party providers. Use of any such third party content may be conditioned upon such third party’s terms and conditions: you are solely responsible for identifying and complying with those terms and conditions. You are also solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

9. Additional Terms and Conditions
Additional terms and/or conditions (e.g. Pinnacle standard terms and conditions) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.

10. Laws and Regulations
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Pinnacle may access, preserve and disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of Pinnacle, its users and members, and/or the public; in each case to the extent permitted by applicable law.

11. Indemnification
You agree to indemnify, save, defend, reimburse and hold Pinnacle, its officers, directors, shareholders, and Representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.

12. Compatibility
You acknowledge and agree that Pinnacle, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

13. Procedure for Alleging Copyright Infringement Under Digital Millennium Copyright Act
Pinnacle will respond to alleged copyright violations in the United States in accordance with the Digital Millennium Copyright Act (“DMCA”). The applicable Pinnacle privacy statement does not protect information that Pinnacle may provide to third parties at its discretion or as required by DMCA through copies of notices referenced below.

A. If you are a copyright owner or an agent thereof and believe that any third party content on the Site (“Third Party Content”) infringes upon your copyrights, you may submit a written notification pursuant to DMCA by providing Pinnacle with the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the Third Party Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Pinnacle to locate the material;
4) Information reasonably sufficient to permit Pinnacle to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5) A statement that you have a good faith belief that use of the Third Party Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter-Notification. If you believe that your Third Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Third Party Content, you may send a Counter-Notification containing the following information to Pinnacle at the address set forth below:
1) Your physical or electronic signature;
2) Identification of the Third Party Content that has been removed or to which access has been disabled and the location at which the Third Party Content appeared before it was removed or disabled;
3) A statement that you have a good faith belief that the Third Party Content was removed or disabled as a result of mistake or a misidentification of the Third Party Content; and
4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in New York City, New York, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5) If a Counter-Notification is received by Pinnacle, Pinnacle may send a copy of the Counter-Notification to the original complaining party informing that person that Pinnacle may replace the removed Third Party Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Third Party Content provider, member or user, the removed Third Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the Counter-Notification, at Pinnacle’s sole discretion.
6) You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
7) Pinnacle will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:
By Mail: Pinnacle Biologics, Inc.
2801 Lakeside Drive, Suite 210, Bannockburn, IL 60015
By E-Mail: info@pinnaclebiologics.com

It is often difficult to determine if your copyright has been infringed. Pinnacle may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Pinnacle may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Pinnacle’s other rights, Pinnacle may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Pinnacle.

You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

14. No Unsolicited Ideas and Materials Accepted; No Confidential Relationship With Pinnacle.
Pinnacle employs individuals to develop new ideas. As a result, Pinnacle does not accept any unsolicited submissions, ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to Pinnacle, in any form and by any means, any Unsolicited Ideas and Materials. Should you do so, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide, transferable, assignable and sub licensable license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Unsolicited Ideas and Materials, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose, and waive all moral rights in such Unsolicited Ideas and Materials. The foregoing grant includes the right to exploit any proprietary rights in such Unsolicited Ideas and Materials, including, but not limited to, rights under copyright, trademark, trade secret or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right, but not the obligation, to identify you as the author of any of your Unsolicited Ideas and Materials by name or e-mail address, as we deem appropriate. Pinnacle has no obligation of any kind with respect to such Unsolicited Ideas and Materials and is free to reproduce, use, disclose and distribute any portion of the Unsolicited Ideas and Materials, including any ideas or information contained in the Unsolicited Ideas and Materials for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you including the Unsolicited Ideas and Materials, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation, and may not receive any acknowledgement, of any kind for the use of any Unsolicited Ideas and Materials.

Your relationship with Pinnacle is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials (and anything else submitted by you) will be treated as non-confidential and non-proprietary information, regardless of whether you mark them “confidential”, “proprietary”, or the like. Pinnacle will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Pinnacle does not place Pinnacle in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.

Pinnacle’s receipt of your Unsolicited Ideas and Materials is not an admission by Pinnacle of their novelty, priority, or originality, and neither such receipt nor the license granted above impairs Pinnacle’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
15. Disclaimer of Warranties
CONCORDIA PROVIDES THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. CONCORDIA MAKES NO, AND ACTIVELY DISCLAIMS, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF ANY INFORMATION, CONTENT, OR RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, CONCORDIA DOES NOT WARRANT THAT THE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
THE HEALTH INFORMATION CONTAINED HEREIN IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE DISCUSSIONS WITH YOUR DOCTOR.

16. Limitation of Liability
CONCORDIA SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, PRODUCTS, SERVICES AND EXPERIENCES PROVIDED VIA THE SITE. CONCORDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA, LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, OR LOSS OF PROFITS OR REVENUE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF CONCORDIA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY CONCORDIA. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, CONCORDIA’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.

17. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

18. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of New York, without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which (a) in the case of rights under intellectual property rights in the USA, may be brought in any state or Federal court of competent jurisdiction located in New York City, New York, USA, and (b) in the case of rights under intellectual property rights in Canada, may be brought in any provincial or Federal court of competent jurisdiction located in Ontario, Canada) any claim, dispute or controversy arising out of, relating to or concerning the Site and/or these Terms of Use will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association. Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Pinnacle and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Pinnacle prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. The place of any such arbitration shall be New York City, New York, USA and you hereby expressly agree that it shall be the sole site of any such arbitration. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in New York City, New York, USA, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.19. Miscellaneous
A. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
B. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
C. By offering this Site and any information, products or other content through the Site, Pinnacle does not purport to distribute to you or any person, or solicit you or any person to use, the Site or such information, products or other content in jurisdictions where providing such is prohibited by law.
D. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.
E. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. These Terms of Use include only narrow, limited grants of rights to Content and to use and access the Site. No additional right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Pinnacle and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
G. The product information provided in this Site is intended for residents of the United States only.
H. We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.
I. Pinnacle may immediately suspend or terminate availability of the Site and Content (and any elements and features of them) for any reason, in Pinnacle’s sole discretion, and without notice or liability.
J. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Site, please contact us at communications@concordiarx.com