NEXGENIX PHARMACEUTICALS, LLC ("NEXGENIX") PROVIDES THIS SITE (THE "NEXGENIX WEB SITE") AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

If you do not agree to these Terms and Conditions, you may not access or otherwise use the NexGenix Web Site. NexGenix may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the NexGenix Web Site. By using the NexGenix Web Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Privacy Policy

The NexGenix Web Site may request and collect certain personally identifiable information through various means such as online forms, online applications, e-mail and comments submitted to the NexGenix Web Site. NexGenix uses the information that you provide for such purposes as processing and responding to requests, improving its operations, and communicating with visitors about NexGenix products, services and businesses. We do not sell or rent personal information to unrelated businesses for marketing purposes.

The NexGenix web server automatically collects non-personally-identifiable information such as the domain name of the site providing you with Internet access, but not, for example your name or street address. Other examples of information collected by the NexGenix server include the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the NexGenix web site, the pages viewed, information searched for, access times and other relevant statistics. NexGenix uses this information in the aggregate to measure the use of its web site, to diagnose problems, remember user preferences and to administer and improve the web site.

As with many web sites, NexGenix may use "cookies" and/or other technology (e.g., web bugs, e-mail bugs, clear GIFs, web beacons and tracker GIFs) in the NexGenix Web Site or in our communications with you to enhance the functionality of the NexGenix Web Site and to make your transactions and other activities more convenient and efficient (collectively, "Tracking Technologies"). These Tracking Technologies may vary, but in some cases may involve a small file stored locally on the computer used to access the NexGenix Web Site, and may be used by NexGenix to store and collect information relating to your viewing and use of the NexGenix Web Site and NexGenix' communications with you. You may set your web browser software not to accept cookies, but, if so, certain functionality of the NexGenix Web Site may be affected.

Third parties (including, but not limited to, software vendors, advertisers and fulfillment companies) may also use Tracking Technologies by or through the NexGenix Web Site. We have no control over what information such third parties track or collect, and we have no responsibility or liability for any tracking, data collection or other activities of such third parties.

To the extent required or permitted by law, NexGenix may also collect, use and disclose personally-identifiable information collected from you in connection with duly authorized security related or law enforcement investigations, and in the course of cooperating with authorities or complying with legal requirements.

The NexGenix Web Site contains links to other web sites owned and operated by third parties ("Third Party Sites"). These Third Party Sites are not covered by this privacy statement, and NexGenix is not responsible for the privacy practices or the content of these Third Party Sites.

If you would like to opt not to receive promotional or marketing material from NexGenix in the future, please send an e-mail to info@nexgenix.com (If you use more than one e-mail address, then send your opt-out e-mail from each of your e-mail addresses.) However, your option not to receive promotional and marketing material: (a) shall not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing or past relationship with NexGenix (e.g., NexGenix' responses to questions or inquiries you pose to us), and (b) shall not preclude NexGenix, including its employees, contractors, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the NexGenix Web Site.

Conditions of Use

DISCLAIMER: Although the information and recommendations at this Internet Web site (hereinafter "Information") are presented in good faith and believed to be correct, NexGenix makes no representations or warranties as to the completeness or accuracy of Information. It is possible that the NexGenix Web Site could include inaccuracies or errors. In the event that an inaccuracy arises, please inform NexGenix.

Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will NexGenix be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent, and NexGenix makes no representation or warranty, express or implied, that the use thereof will not infringe any patent.

THE NEXGENIX WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NEXGENIX HEREBY DISCLAIMs ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NEXGENIX DOES NOT WARRANT THAT THE SITE OR THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NEXGENIX MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXGENIX OR THROUGH THE NEXGENIX WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE NEXGENIX WEB SITE OR THE CONTENT OR FUNCTIONS AVAILABLE THROUGH THE NEXGENIX WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SUCH CONTENT AND/OR FUNCTIONS.

NexGenix makes no commitment to update or correct any information that appears on the Internet or on the NexGenix Web Site.

Limitation of Liability

IN NO EVENT SHALL NEXGENIX OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE NEXGENIX WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE NEXGENIX WEB SITE.

Proprietary Rights

As between you and NexGenix, NexGenix owns, solely and exclusively, all rights, title and interest in and to the NexGenix Web Site, all the content, code, data and materials thereon, the look and feel, design and organization of the NexGenix Web Site, and the compilation of the content, code, data and materials on the NexGenix Web Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the NexGenix Web Site does not grant to you ownership of any content, code, data or materials you may access on the NexGenix Web Site. Any commercial use or exploitation of the NexGenix Web Site is strictly prohibited. You may view the content on the NexGenix Web Site on your personal computer or other internet-compatible device, and make single copies or prints of the content on the NexGenix Web Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the NexGenix Web Site. If you make other use of the NexGenix Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

NexGenix does not grant any license or other authorization to you or any user of the NexGenix Web Site of NexGenix' trade names, trademarks, service marks or other marks or logos without NexGenix' separate express written agreement. Third party marks are the property of their respective owners.

If you believe that any content included in the NexGenix Web Site infringes your intellectual proprety rights, please contact:

Your message should identify the content you believe to be infringing and its location on the NexGenix Web Site.

Availability

NexGenix reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the NexGenix Web Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the NexGenix Web Site or restrict your access to part or all of the NexGenix Web Site without notice or penalty.

Third Party Sitesand Links

The NexGenix Web Site contains links and references to Third Party Sites. NexGenix does not author, edit, or monitor these Third Party Sites. You acknowledge and agree that NexGenix has no responsibility for the accuracy or availability of information provided by Third Party Sites to which you may link from the NexGenix Web Site. By providing such links, NexGenix does not endorse the contents of such Third Party Sites. You acknowledge and agree that NexGenix is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Third Party Sites. Links to Third Party Sites are provided to NexGenix Web Site users merely for the sake of convenience. Users access such Third Party Sites at their sole risk.

Indemnification

You agree to defend, indemnify and hold NexGenix and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of the NexGenix Web Site, your use or transmission of any content, information, software or other materials from the NexGenix Web Site, or your breach or violation of the law or of these Terms and Conditions.

Applicable Laws

NexGenix controls and operates the NexGenix Web Site from our offices in the United States of America. NexGenix does not represent that materials on the NexGenix Web Site are appropriate or available for use in other locations. Persons who choose to access the NexGenix Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions and the relationship between you and NexGenix shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. NexGenix' failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the NexGenix Web Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Should you have any other questions about these Terms and Conditions, please contact NexGenix at info@nexgenixpharm.com.