Terms of Use

1. You should assume that everything you see or read on this Internet Website (“Site“) may not be used except as provided in these Terms of Use or in the text on the Site, without the written permission of Navidea Biopharmaceuticals, Inc., its subsidiaries or affiliates (“Navidea”). The content of this Site and any services provided are provided subject to the following notices, terms and conditions. By using or browsing this Site, you agree to these Terms of Use. If you do not agree, please do not use or browse this Site.

2. Navidea will not use personal data submitted as part of a job application, in emails, discussions, postings, transmissions, or the like for any other purpose without your permission except to contractors or service providers who may provide services or perform functions on our behalf – for example, an information technology service provider or human resources consultant. Those contractors and service providers are permitted to use your personal information only for the purpose for which it has been provided and may not disclose it to any other third party except at our express direction and consistently with this paragraph unless required by law enforcement action or subpoena. Any communication or material you transmit to the Site via e-mail or other sources, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. This paragraph applies only to information collected from visitors through our Site and not to personal information that Navidea may collect in its research or through any off-line or other activities.

3. Images, including people or places displayed on the Site, are either the property of, or used with permission by, Navidea. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws (see “INTELLECTUAL PROPERTY INFORMATION” below), the laws of privacy and publicity, and communications regulations and statutes. No use of any of these may be made without the prior written authorization of the owners of this Site, except to identify the products of Navidea.

4. This Site may provide links or references to other sites but the owners of this Site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Site. Navidea has not reviewed any or all of the sites linked to this Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is done so at your own risk and without the permission of Navidea.

5. Guidelines for Linking to this Site ATTENTION: LINKING TO NAVIDEA’S SITE INDICATES THAT YOU ACCEPT NAVIDEA’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS OR DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS WEB SITE.

If you link to NAVIDEA’S Site, you agree that you:

  • May link to, but not replicate, Navidea Site content
  • Shall not frame or otherwise create a browser or border environment around Navidea Site content
  • Shall not imply that Navidea is endorsing you or your products
  • Shall not misrepresent you or your site(s) relationship with Navidea
  • Shall not present false, misleading or inaccurate information about Navidea or Navidea’s products on your site or otherwise disparage Navidea’s products
  • Shall not use Navidea’s logos without express prior written permission from Navidea
  • Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial and shall include on your site only content that is appropriate for all age groups
  • Shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this Site on another site without Navidea’s prior written permission.

6. Navidea may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

7. NOTICE REGARDING USE OF RADIOPHARMACEUTICALS

Because of the wide variety of radiopharmaceuticals available to the user, it is the responsibility of the physician to determine the suitability and clinical utility of the radiopharmaceutical or radiolabled compound to be used, as well as the actual protocol for administering the drug and intraoperative use of the detector.

8. NOTICE REGARDING PRODUCT INFORMATION

The information provided on this Site is intended primarily for investors and professional healthcare providers and persons interested in Navidea BioPharmaceuticals, Inc. and is not intended to persuade any person(s) with regard to medical treatment of an existing or potential medical condition. Individuals should always consult with their physician before making any decisions regarding medical treatment of any physiological condition, including any provided on this Site.

Navidea develops, radiopharmaceutical imaging agents for use by healthcare professionals. Marketing of these agents is regulated by government agencies in each of the countries in which Navidea does business, such as the Food and Drug Administration of the United States. These regulations restrict information about our products that can be disclosed to the public. This Site contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on this Site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by the laws and regulations of the country where you are located. Specific questions about the availability and use of products described on this Site should be directed to Navidea at info@navidea.com.

9. SAFE HARBOR LANGUAGE

Statements made on this Site which relate to other than strictly historical facts, such as statements about Navidea’s plans and strategies, expectations for future financial performance, new and existing products and technologies, and markets for Navidea’s products, are forward-looking statements. The words “believe,” “expect,” “anticipate,” “estimate,” “project,” and similar expressions identify forward-looking statements that speak only as of the date hereof. Investors are cautioned that such statements involve risks and uncertainties that could cause actual results to differ materially from historical or anticipated results due to many factors including, but not limited to, Navidea’s limited revenues, accumulated deficit, future capital needs, uncertainty of capital funding, dependence on limited product line and exclusive distributor, uncertainty of market acceptance, competition, limited marketing and manufacturing experience, and other risks detailed in Navidea’s most recent Annual Report on Form 10-KSB and other Securities and Exchange Commission filings. Navidea undertakes no obligation to publicly update or revise any forward-looking statements.

10. Your use of this Site is at your own risk. Neither Navidea, any of its agents, nor any other party involved in creating, producing, or delivering the Site will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Navidea also assumes no responsibility, and shall not be liable for any damages that you may incur as a result of a virus, worm, or other harmful code that may be transmitted to your computer equipment or other property on account of your access to, use of, browsing the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.

11. AlthoughNavidea may from time to time monitor or review e-mails, discussions, postings, transmissions, and the like on the Site, Navidea is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Navidea will fully cooperate with any law enforcement authorities or court order requesting or directing Navidea to disclose the identity of anyone posting any such information or materials.

12. INTELLECTUAL PROPERTY INFORMATION

The trademarks, tradenames, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Navidea and others. The Trademarks displayed on this Site are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without the prior written permission of Navidea or any third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Navidea will strictly and aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to Navidea. All content of this Site is owned or controlled by Navidea. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of Navidea.

Navidea neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Navidea.

13. Navidea maintains this Site for your personal information, education, and communication. You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Navidea’s prior written permission.

14. UPDATES Navidea may make improvements and/or changes to this Site at any time. Although we attempt to periodically update information on this Site, the information, materials and services provided on or through this Site may occasionally be inaccurate, incomplete or out of date. Navidea does not have a duty to update information contained in this Site, and Navidea will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Site, and we undertake no obligation to update or revise the information contained on this Site, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Site before relying upon it. All rights reserved. All materials are provided for noncommercial personal use only.

Copyright © 2013 Navidea BioPharmaceuticals, Inc. All rights reserved.