Terms of Use

Please read the following terms and conditions of use (these “Terms”) carefully before using this website (the “Website”). The Website is owned and operated by Prolong Pharmaceuticals, LLC (“Prolong,” “we,” “us” or “our”). Your access to and use of the Website is subject to, and constitutes your acceptance of, these Terms and our Website Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Website.

General. This Website is provided by Prolong for the convenience of visitors and for general informational purposes only. Nothing on this website should be construed as an offer or solicitation to form a binding contract, to sell any security, product or service, or as granting any license or transfer of intellectual property. Your use of this Website is at your own risk. Notwithstanding any other provision herein, Prolong reserves the right, in the event of a violation of these Terms, to protect its rights, property and interests to the maximum extent permitted by law, including by restricting or terminating your access to the Website without notice.

No Medical Advice. The information on the Website is intended for informational purposes only. It is not intended to be, and should not be relied upon as medical advice or a recommendation for treatment. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition or other medical issue.

Investigational Products. Prolong is a clinical-stage biopharmaceutical company. Our products are investigational and have not been approved by the U.S. Food and Drug Administration (“FDA”) or any other regulatory authority for any use. Nothing on the Website is intended to promote any investigational product or to represent that any investigational product is safe or effective for any purpose for which it is being investigated. Information about clinical trials is provided for informational purposes only. Participation in any clinical trial is governed by the applicable study protocol, eligibility criteria and informed consent process.

Dated Information. The information presented on the Website is or was current as of the “Last Revised” date shown above. While Prolong may periodically update or correct information presented on the Website, such information may include typographical, technical inaccuracies and/or omissions. Prolong makes no representation or warranty as to the accuracy, completeness or timeliness of any information on the Website and expressly disclaims any obligation to update such information. Prolong also reserves the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice. Scientific and medical information on the Website, including publications, presentations and press releases, speaks only as of its original date and may have been superseded by later developments.

Forward-Looking Statements. This website contains a number of forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding: (i) our expectations regarding clinical trials, development timelines, regulatory designations and discussions with regulatory authorities related to product candidates under development by us and our collaborators; (ii) our expectations about the number of patients that will be evaluated, the anticipated date by which enrollment will be completed and the data that will be generated by ongoing and planned clinical trials, and the ability to use that data for the design and initiation of further clinical trials; and (iii) our expectations regarding the scope and timing of ongoing and potential future clinical trials and regulatory submissions. Without limiting the foregoing, the words “believes,” “anticipates,” “plans,” “expects,” “intends,” “estimates,” “may,” “will,” “potential” and similar expressions are intended to identify forward-looking statements. While we believe the forward-looking statements contained on the Website are reasonable, they are based on current expectations and assumptions, and there are a number of factors that could cause actual events or results to differ materially from those indicated by such forward-looking statements. Those risks and uncertainties include, among other things, that the outcomes of our planned clinical trials and studies may not be favorable, that regulatory authorities may not agree with our development plans, may require additional studies or may not grant any approval, that one or more of our internal or external drug development programs may not proceed as planned for technical, scientific, regulatory or commercial reasons, and that future competitive or other market factors may adversely affect the commercial potential for our product candidates. Prolong undertakes no obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise, except as required by law.

Copyright and Trademarks. This website, and the information, text, graphics, images, videos, logos, software and other materials which it contains (collectively, the “Content”), are the property of Prolong or its licensors and are protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. In addition to Prolong’s copyright notice, also accessible on the Website, the trademarks and logos displayed on the Website are trademarks of Prolong Pharmaceuticals® except as otherwise noted. In particular, “Prolong Pharmaceuticals,” “SANGUINATE,” “EPEG” and the Prolong “P” logo are registered trademarks of Prolong Pharmaceuticals®. Other product and company names mentioned on the Website may be the trademarks of their respective owners. Nothing on this Website should be construed to grant, by implication or otherwise, any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.

Permitted Use of Content. You may view, download and print Content from the Website solely for your personal, non-commercial, informational use, provided that you do not modify the Content and that you retain all copyright, trademark and other proprietary notices contained in it. Any other use of the Content, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content, without Prolong’s prior written permission, is prohibited.

Prohibited Uses. You agree not to: (a) use the Website in any manner that violates any applicable federal, state, local or international law or regulation, (b) use any robot, spider, scraper, crawler or other automated means, or any manual process, to access, monitor, copy or extract Content or data from the Website, including for the purpose of training, fine-tuning or developing any artificial intelligence or machine learning model, without Prolong’s prior written consent, (c) frame, mirror or deep-link to the Website or any content without Prolong’s prior written consent, (d) introduce any virus, malware or other harmful code, or attempt to gain unauthorized access to, interfere with, damage or disrupt the Website, the servers on which it is hosted or any connected system, or (e) use the Website to transmit unsolicited advertising or promotional material.

Submissions. Other than personal information, which is governed by our Website Privacy Policy, any communication or material you transmit to Prolong by email or otherwise through or in connection with the Website, including any data, questions, comments, suggestions or ideas (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary. By making a Submission, you grant Prolong a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, disclose, distribute and create derivative works from the Submission for any purpose, and you acknowledge that Prolong is free to use any ideas, concepts, know-how or techniques contained in a Submission for any purpose, without compensation or attribution to you. You should not submit any information that you consider confidential or proprietary.

Privacy. If you submit any information (including personal information) through the Website or by email, such information will be subject to the Prolong Privacy Policy, which is available through this Website, and incorporated into these Terms by reference. The sender of any information to Prolong is solely responsible for its content, including, without limitation, its accuracy, truthfulness and non-infringement of any other person’s legal rights. Please note that email and other Internet communications are not secure, and you should not send sensitive personal information, including information about your health, to Prolong via the Website or by email.

Links to Third-Party Websites and Social Media. The Website may contain links to websites operated by third parties, publication databases and/or social media platforms, as a convenience. Prolong does not control, endorse or assume responsibility for the content, privacy practices or availability of any third-party website, and a link does not imply any affiliation with, or endorsement of, the linked website or its operator.

Users Outside the United States; Age. The Website is operated from the United States and is intended for use by residents of the United States. Prolong makes no representation that the Content is appropriate or available for use in other locations, and information on the Website may not comply with the laws or regulatory requirements of other countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Website is intended for adults, is not directed to children under the age of 13, and Prolong does not knowingly collect personal information from children under 13 through the Website.

No Warranties. Your use of this Website and any linked websites is at your own risk. EVERYTHING AT OR ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusion may not apply to you.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PROLONG NOR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, BUSINESS OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROLONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DATA DUE TO VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR ANY LINKED WEBSITE. THE FOREGOING DOES NOT LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification. You agree to defend, indemnify and hold harmless Prolong and its affiliates, and their respective members, managers, officers, employees, agents, licensors, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including any Submission you make and any use of the Content other than as expressly authorized in these Terms.

Applicable Law. This website can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of the State of New Jersey, where Prolong is located. By accessing the Website, you and Prolong agree that the laws of the State of New Jersey, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains (each, a “Dispute”). You and Prolong agree that any Dispute shall be brought exclusively in the state courts located in Middlesex County, New Jersey or the United States District Court for the District of New Jersey, and each of us irrevocably consents to the personal jurisdiction of, and venue in, those courts and waives any objection based on inconvenient forum; provided that Prolong may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PROLONG EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, AND AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

Accessibility. Prolong is committed to making the Website accessible to the widest possible audience, including people with disabilities. If you have difficulty accessing any Content, please contact us at info@prolongpharma.com so that we may assist you.

Changes to these Terms. Prolong may revise these Terms at any time without prior notice. You are bound by any such revisions and should, therefore, visit this page each time you access the Website to review the then-current Terms applicable to your use of the Website, and your continued use of the Website after a revised version is posted constitutes your acceptance of the revised Terms.

Contact Us. Questions about these Terms may be directed to Prolong Pharmaceuticals, LLC, Attention: Legal Department, 300 Corporate Court, Suite B, South Plainfield, New Jersey 07080, or by email to info@prolongpharma.com.