• TERMS OF USE

Terms of Use

INTRODUCTION

Welcome to www.titanpharm.com (the "Site"), which is owned and operated by Titan Pharmaceuticals, Inc. ("Titan" or "we"). Titan provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (the "Terms"). The Site is available only for your personal, non-commercial use. By using the Site, you agree to be bound by the Terms. Titan may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular Titan services or features on the Site, you will be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

DESCRIPTION OF SERVICE

The Site provides information about Titan and our focused on the late-stage development and commercialization of innovative treatments for central nervous system disorders including schizophrenia, opioid addiction, Parkinson's Disease and chronic pain , including information about our research initiatives, clinical trials of products that we have developed, and our strategic partnerships with leading pharmaceutical companies. The Site and the information, features and services available on the Site may be referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future will be considered part of the Service and subject to the Terms.

INFORMATION YOU PROVIDE TO US

You may be required to provide certain information to us in order to take advantage of certain features offered on the Site (for example, to join our email distribution list or to request that we send you our information kit). If you choose to provide information on the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site. Any personal and other information you provide to Titan is subject to our Privacy Policy.

INFORMATIONAL PURPOSES ONLY; NO MEDICAL ADVICE; NO INVESTMENT ADVICE

The Service is provided for informational purposes only. Titan will not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the "Content") transmitted or made available via the Service. Titan will not be responsible or liable for any decisions made in reliance on such information.

In particular, the information and other Content contained on the Site should never be used as a substitute for the advice provided by your physician or other health care provider. You should not use or rely on this information or other Content to diagnose or treat a disease or health problem. You should instead always consult your physician or other health care provider for such medical advice or services.

With respect to any financial or investment information regarding Titan provided on the Site, such information is provided for informational purposes only and is not intended as investment advice. Such information is provided on a "let the investor beware" basis, meaning that you assume all risk for any investment, trading or other decisions you make based on such information. We advise that you consult a stock broker or other authorized financial advisor or representative before making any investment or other financial decisions.

THIRD PARTY WEBSITES

The Service may provide links to websites or resources outside of the Site. Because Titan has no control over external sites and resources, you acknowledge and agree that Titan is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.

Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that Titan will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.

SUBMISSIONS

If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to Titan, whether oral, written or electronic (collectively, "submissions"), no confidential or other relationship will be established between you and Titan. Your submissions will be considered non-confidential and will be considered the sole and exclusive property of Titan. Titan will have the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.

MODIFICATIONS TO SERVICE; TERMINATION

Titan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Titan will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Titan reserves the right, at its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Site, for any reason including any breach by you of the Terms or conduct by you that Titan determines to be inappropriate.

TITAN'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by Titan, you agree not to display, publish, reproduce, transmit, distribute, post, modify, adapt, rent, lease, sell or otherwise use the Software, the Service or any Content contained thereon, in whole or in part without our prior permission. However, you may download Content for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or pertaining to such Content and provided that you keep intact any author attribution, copyright or trademark notice in any such Content that you download. You may not use such downloaded Content for any commercial purpose. Modification of the Content or use of the Content for any other purpose is a violation of Titan's copyright and other proprietary rights.

You agree that you will not challenge the ownership rights of Titan in or to any and all trademarks, logos, service marks and/or domain names of Titan (the "Titan Marks"), and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Titan Marks. The Titan Marks include, but are not limited to, the following: Titan, Titan Pharmaceuticals, Probuphine and Spheramine , whether or not they appear in large print or with the trademark symbol In addition, all product names appearing on the Site in type form different from that of the surrounding text are Titan Marks. Titan will enforce its intellectual property rights to the fullest extent of the law.

JURISDICTIONAL ISSUES

The information and other Content contained on the Site are intended for use only by persons in the United States. Titan makes no representations that the information and other Content contained on the Site are appropriate for users in countries other than the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where the user of the Site resides.

Also, please note that certain software and data files from the Site may be subject to export controls imposed by the United States government and may not be downloaded or otherwise exported to a country (or a national or resident of a country) upon which the United States government has placed an embargo. If you download or use any such software of data files, you warrant that you are not located in, or a national of, or under the control of, any such country.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR OTHER CONTENT OFFERED ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TITAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT ON OR ACCESSIBLE THROUGH THE SERVICE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH CONTENT WILL BE AT YOUR SOLE RISK. TITAN MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TITAN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF TITAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c. 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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PRESENT OR FUTURE EMPLOYMENT WITH TITAN

Should you become employed with Titan, none of the information or materials on the Site will constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Site will affect the employment relationships between Titan and its current, former, or future employees.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and Titan and govern your use of the Service, superceding any prior agreements between you and Titan. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Titan will be governed by the laws of the United States and the State of California without regard to choice of law principles. You and Titan agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. The failure of Titan to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.

CONTACTING US

If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at general@titanpharm.com.