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Please Read This Terms of Use Agreement Before Accessing Our Website. Effective Date: This Terms of Use Agreement was last updated on December 31, 2007. This Terms of Use Agreement sets forth the standards of use of the Cellceutix Pharma, Inc. (Cellceutix) website. By using the Cellceutix.com website you (the �Member�) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Cellceutix.com website. Your continued use of the website after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Description of Service Cellceutix is providing Member with access to its website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member�s access to the Internet, and (3) pay any fees relate with such connection. 2. Disclaimer of Warranties. The site is provided by Cellceutix on an �as is� and on an �as available� basis. To the fullest extent permitted by applicable law, Cellceutix makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Cellceutix shall have no liability for any interruptions in the use of this Website. Cellceutix disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore in those jurisdictions the above-referenced exclusion is inapplicable. 3. Limitation of Liability CELLCEUTIX SHALL NOT be liable for any damages whatsoever, and in particular CELLCEUTIX shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if CELLCEUTIX has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE in those jurisdictions SOME OF THE ABOVE IS INAPPLICABLE. 4. Indemnification Member agrees to indemnify and hold Cellceutix, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys� fees and costs, made by any third party due to or arising out of Member�s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member�s computer, of any intellectual property or any other right of any person or entity. 5. Modifications and Interruption to Service Cellceutix reserves the right to modify or discontinue the Service with or without notice to the Member. Cellceutix shall not be liable to Member or any third party should Cellceutix exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Cellceutix does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 6. Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. In addition, third parties may provide links to our website. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties� sites. 7. Disclaimer Regarding Accuracy of Information Product information may be provided on the Cellceutix website. While Cellceutix makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. In addition, no information on a medical product can substitute for competent medical advice. Before taking any action regarding your health or treatment (or that of someone for whom you are providing care) based on information provided by this site, you should contact your doctor or other competent medical professional. 8. Governing Jurisdiction of the Courts of Massachusetts Our website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts. 9. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 10. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is �2007 Cellceutix Pharma, Inc. with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cellceutix is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Cellceutix. All product names are proprietary marks of Cellceutix Pharma, Inc. Cellceutix�s trademarks may not be used in connection for any commercial purpose by any third party, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cellceutix. 11. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Cellceutix.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: George W. Evans Cellceutix Pharma, Inc. 187 Ballardvale Avenue, Suite A225 Wilmington, MA 01887. 12. Securities Nothing in this site constitutes an offer or invitation to purchase the securities of Cellceutix or any of its affiliates. For information about securities, please refer to our filings with the Securities and Exchange Commission. 13. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Cellceutix, in our sole discretion, to a third party in the event of a merger, acquisition or sale of assets. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Except for information that is covered by our Privacy Policy Statement, any information you provide us will be considered non-confidential and may be used by Cellceutix for any purpose without compensation to you. 14. Cautionary Language Regarding Forward-Looking Statements This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements involve risks and uncertainties. Actual events could differ materially and substantially from those projected herein and depend on a number of factors Certain statements in this release, and other written or oral statements made by Cellceutix Corporation are �forward-looking statements� within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These forward looking statements are subject to known and unknown risks, uncertainties and other factors that may cause actual results, performance, or achievements of the company to be different from those expressed or implied including the success of the Company's research and development strategy, the availability of adequate financing, the successful and timely completion of clinical studies and the uncertainties related to the regulatory process, described in the �Management�s Discussion and Analysis� section of the Company�s Form 10-KSB and other reports and filings with the Securities and Exchange Commission. Cellceutix Corporation undertakes no obligation to publicly update or revise any forward-looking statements. |