Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

This site is owned by CTI BioPharma Corp. (“CTI BioPharma”). Your use of this website is subject not only to these Terms of Use, but also to this site’s Privacy Policy, the terms of which are incorporated into these Terms of Use. By accessing and using CTI BioPharma’s website (this “Site”), you acknowledge that you are at least 18 years of age and have read and accept these Terms of Use. If you do not agree to all of the terms and conditions of use, do not use this website. CTI BioPharma may modify the website, and the rules and regulations governing its use, at any time. By continuing use of the website after such changes are posted, you are deemed to have accepted those changes. You further agree that you accept any and all responsibility and liability related to the use of this website. These Terms of Use constitute a binding legal agreement between you and CTI BioPharma (“CTI BioPharma,” “we,” “us,” and “our”).

1. PURPOSE OF SITE. This Site is for information purposes only. This Site and its content here
in should not be used by you for diagnosing a health or fitness problem or disease. For further information about CTI BioPharma products, please refer to the applicable package inserts and consult your physician or medical advisor.

2. FORWARD STATEMENTS. This Site contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties. These forward-looking statements may relate to CTI BioPharma’s future business operations and financial performance and are based on the then current intent and expectations of the management of CTI BioPharma. These statements are not guarantees of future performance and involve risks and uncertainties that are difficult to predict. Actual results may differ materially from those discussed herein due to research, development, and market risks, including but not limited to risks associated with preclinical and clinical developments including the potential failure of a drug candidate to prove or to continue to remain safe and effective for treatment while in clinical trials or after release, the risks associated with the conduct of clinical trials, competitive risks, technological developments, costs of developing, producing and selling products, determinations by regulatory, patent, and administrative government authorities, and additional risks and uncertainties as described in CTI BioPharma’s most recently filed Securities and Exchange Commission documents, including CTI BioPharma’s filings on Forms 10-K, 10-Q and 8-K.

3. USE OF CONTENT; INTELLECTUAL PROPERTY. The content of this Site, including but not limited to the information, materials, images and product names (the “Content”), is protected under applicable copyright and trademark laws. Unless otherwise identified as being owned by another entity, all product names identified by ™ or ® symbols are trademarks owned by or licensed to CTI BioPharma or its affiliates. The Content may not be copied, downloaded and stored in a retrieval system, modified, redistributed, or republished in any way, except that you may download one (1) copy of the Content for your personal informational and noncommercial use only, as long as all copies of the Content retain all copyright, trademark, and other proprietary notices and disclaimers. Nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of CTI BioPharma or any third party.

The information contained in each press release available on this Site was provided as of the date of such press release. CTI BioPharma assumes no obligation to update any information contained in such press release, whether to reflect events or circumstances subsequent to the date of such press release or otherwise.

4. HYPERLINK SITES. This Site contains hypertext links to other websites (“Hyperlink Sites”). Hyperlink Sites are not CTI BioPharma websites. If you access a Hyperlink Site you do so at your own risk. CTI BioPharma does not control or endorse any Hyperlink Site, including its content. CTI BioPharma makes no representations or warranties whatsoever as to a Hyperlink Site including but not limited to a Hyperlink Site’s availability or its content. CTI BIOPHARMA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not 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 such third parties on the Site.

5. INFORMATION. Except as otherwise required under CTI BioPharma’s Privacy Policy, any information received by CTI BioPharma from third parties, in the form of questions, comments, suggestions or the like regarding the content of this publication or any other aspect of the business of CTI BioPharma shall be deemed to be non-confidential and CTI BioPharma shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. CTI BioPharma shall be free to use such information, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products based upon or incorporating such information.

6. USE OF CTI BIOPHARMA SITE AND FORUMS. CTI BioPharma reserves the right, if you violate these Terms of Use, to suspend or terminate any account you have created on the Site. You agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities (“Forums”) contained on the CTI BioPharma websites only to send and receive material and messages that are proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all applicable laws and these Terms of Use. You agree that you will not misuse a Forum.

CTI BioPharma reserves the right to remove at will and without notice any content on its websites, including anything you post in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that CTI BioPharma owns any and all information or material that you post on a Forum. You agree that you waive all of the rights you have to any information or material that you post on a Forum. CTI BioPharma has the right to do whatever it wishes with that information or material, including but not limited to deleting or editing for any reason any posting by you. You further acknowledge that CTI BioPharma does not endorse or sponsor any information or material posted by Forum users, and that CTI BioPharma has no responsibility to approve, review, or screen such information or material.

Any use or reliance on any content or materials posted on any CTI BioPharma website or Forum is at your own risk. CTI BioPharma does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Forum posts or endorse any opinions expressed on any Forum. All content posted on a Forum is the sole responsibility of the person who originated such content. CTI BioPharma may not monitor or control all content posted on Forums and cannot take responsibility for such Content.

If you believe that your content has been copied in a way that constitutes copyright infringement, please report this contacting our designated copyright agent at: [email protected].

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through the Forums. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the rights described above.

7. DISCLAIMER OF WARRANTY. THIS SITE IS PROVIDED BY CTI BIOPHARMA ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THIS SITE IS AT YOUR OWN RISK. CTI BIOPHARMA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE (INCLUDING ITS AVAILABILITY) OR THE PRODUCTS, MATERIALS, OR CONTENT INCLUDED ON THIS SITE. FURTHER, CTI BIOPHARMA EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND EXPLICITLY DISCLAIMS ANY DUTY TO DO SO. CTI BIOPHARMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND AS SUCH YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM YOUR USE OF THIS SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CTI BIOPHARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY; INDEMNITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CTI BIOPHARMA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR A HYPERLINK SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. PLEASE CHECK IF SUCH LAWS APPLY TO YOU. You agree to indemnify and hold CTI BioPharma, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site or Content, including without limitation these Terms of Use.

9. MODIFICATIONS. CTI BioPharma reserves the right to modify this Site including its Content, policies, and Terms of Use at any time without prior notice to you.

10. SEVERABILITY. If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

11. GOVERNING LAW AND JURISDICTION. In the event of any dispute between you and CTI BioPharma or its affiliates arising under or from these Terms of Use or your use of this Site, such dispute shall be governed and construed under the laws of the State of Washington without regard to principles of conflict of laws. Furthermore you hereby agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington. You agree that you will notify CTI BioPharma of any dispute regarding the Site by submitting your concerns to CTI BioPharma, including a description of the nature of the dispute. Following delivery of such submission, you agree to allow CTI BioPharma a period of sixty (60) days to provide a substantive response and to try to resolve the dispute, prior to filing any lawsuit, arbitration, administrative or any other proceeding against CTI BioPharma related to the dispute.

COMPLIANCE WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN SHALL BE A CONDITION PRECEDENT TO YOUR RIGHT TO FILE ANY LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING AGAINST CTI BIOPHARMA. YOU AGREE THAT YOUR FAILURE TO COMPLY WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN PRIOR TO FILING A LAWSUIT, ARBITRATION, ADMINISTRATIVE OR OTHER PROCEEDING AGAINST CTI BIOPHARMA SHALL ENTITLE CTI BIOPHARMA TO RECOVER REASONABLE ATTORNEYS’ FEES INCURRED IN DEFENDING THE LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING.

12. CLASS ACTION WAIVER. YOU AGREE THAT THE RESOLUTION OF ANY DISPUTE, CLAIM, OR CONTROVERSY RELATED TO THE SITE SHALL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT NO SUCH PROCEEDING MAY BE CONSOLIDATED WITH ANY OTHER LEGAL PROCEEDINGS INVOLVING CTI BIOPHARMA. YOU FURTHER AGREE THAT YOU, AND ANYONE ASSERTING A CLAIM FOR YOU, WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL PROCEEDING AGAINST CTI BIOPHARMA.

13. GENERAL. CTI BioPharma’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. These Terms of Use compose the entire agreement between you and CTI BioPharma and supersede all prior agreements between the parties regarding the subject matter contained herein.

14. QUESTIONS. Please direct any questions regarding these Terms of Use to [email protected]

Reviewed October 13, 2021.