Terms of Use

Pinnacle Biologics, Inc. – Terms of Use

Effective Date: September 23, 2025

1. Site Use

Welcome to www.photofrin.com (“Site”), the official website for Pinnacle Biologics, Inc. (together with its parent, subsidiaries and affiliates, “Pinnacle,” “we,” or “us”) and its product Photofrin®. Your access to and use of this Site is subject to these Terms of Use and all applicable laws. By accessing or using the Site, you agree to these Terms of Use. If you do not agree, you may not use the Site.

Pinnacle may change or update these Terms of Use at any time without prior notice. Your continued use of the Site constitutes your acceptance of any such changes. Please review these Terms regularly.

2. No Medical Advice

(a) Informational Purposes Only. The Site and its content are for general informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider regarding any medical condition. Never disregard medical advice or delay seeking it because of information on this Site.

(b) Emergencies. If you think you may have a medical emergency, call your doctor or dial 911 immediately.

(c) HIPAA/PHI Disclaimer. This Site is not designed to collect, process, or store Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You should not submit PHI or other patient-identifying information to this Site. Any health or personal information you choose to provide is submitted at your own risk and is not subject to HIPAA protections.

3. Age Requirement

You must be 18 years or older, or the age of majority in your jurisdiction, to use this Site. By using the Site, you represent that you meet this requirement. Children may not use or submit information through this Site.

4. Site Content and Intellectual Property

This Site and its content—including text, images, graphics, trademarks, logos, and other intellectual property (“Content”)—are owned by or licensed to Pinnacle. All rights are reserved. You may view and download materials from the Site for your personal, non-commercial use only, provided that you retain all copyright and proprietary notices. You may not otherwise reproduce, distribute, modify, or create derivative works from the Content without Pinnacle’s prior written consent.

5. Product Information

The product information provided on this Site is intended for residents of the United States only. The Site may contain information about products not available in other countries, available under different trademarks, or approved for different indications. Nothing on the Site should be construed as a promotion or solicitation for any product not authorized by the laws and regulations of your jurisdiction.

For specific information, always refer to the full U.S. prescribing information approved by the U.S. Food and Drug Administration (FDA).

6. Trademarks

All trademarks, trade names, logos, and service marks displayed on the Site are the property of Pinnacle or their respective owners. You may not use them without prior written permission.

7. No Confidential Submissions

Any communication, feedback, or material you submit to the Site (except Personal Data governed by Pinnacle’s Privacy Policy) will be treated as non-confidential and non-proprietary. By submitting content, you grant Pinnacle a royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, and distribute such submissions.

8. User Conduct

You agree not to:

  • Use the Site for unlawful purposes.
  • Submit or post any PHI, confidential, defamatory, obscene, infringing, or otherwise objectionable content.
  • Upload viruses, malware, or harmful code.
  • Attempt to gain unauthorized access to the Site or its systems.

You are solely responsible for your conduct and any content you submit.

9. Third-Party Links and Content

The Site may contain links to third-party websites. Pinnacle does not endorse and is not responsible for their content. Your use of third-party sites is at your own risk and subject to those sites’ terms and conditions.

10. Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PINNACLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR CONTENT. PINNACLE DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINNACLE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR CONTENT.

12. Indemnification

You agree to indemnify and hold Pinnacle, its officers, employees, and affiliates harmless from any claims, damages, liabilities, and expenses arising from your use of the Site, your submissions, or your violation of these Terms.

13. Geographic Scope

This Site is controlled and operated from the United States and is intended for U.S. residents only. Pinnacle makes no representation that the Site is appropriate or available outside the United States. Access from other locations is at your own risk and responsibility.

14. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its conflict of laws principles. Except for claims seeking injunctive or equitable relief regarding intellectual property rights, any claim, dispute, or controversy arising out of, relating to, or concerning the Site or these Terms of Use shall be resolved by binding arbitration in New York, New York, under the Rules of the American Arbitration Association. Any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Pinnacle and you shall each bear your own costs and legal fees related to the arbitration, regardless of outcome. Judgment upon any arbitration award may be entered in any court of competent jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or these Terms of Use must be filed within one (1) year after it arose or be forever barred.

15. Termination

Pinnacle may suspend or terminate your access to the Site at any time for any reason, including violation of these Terms.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Pinnacle regarding your use of the Site.