Terms of Use
ATTENTION: PLEASE READ THESE TERMS AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Disclaimer
NovaDel Pharma Inc. (hereafter referred to as “NovaDel” or the “Company”), makes no representations about the suitability of the information contained on this web site, www.NovaDel.com, (the “site” or “web site”) and provides the information without warranty.
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY ARE HEREBY EXPRESSLY DISCLAIMED. NOVADEL DOES NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS AT THIS SITE OR THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS AGREE THAT ALL ACCESS TO, AND USE OF, THIS SITE IS AT THEIR OWN RISK.
NovaDel shall not be responsible for any errors or omissions contained in this web site. The Company reserves the right to make changes without notice. The user therefore acknowledges and accepts that the information published on this web site may include technical inaccuracies or typographical errors.
As a condition of use of this web site, you, the end user, agree to indemnify NovaDel and its content providers from and against any and all liabilities, expenses, including attorneys’ fees and damages arising out of claims resulting from your use of this web site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Nothing on this web site shall be construed as conferring any license under any of NovaDel’s or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. Elements of NovaDel’s web site are NovaDel’s and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by NovaDel.
Use of Site
NovaDel authorizes you to view and download the materials at this web site only for your personal, non-commercial use; provided, that, you retain all copyright notices and other proprietary notices contained in the original downloaded materials or any copies of the materials. Without the prior written consent of NovaDel or as set forth in the preceding sentence, you may not use, modify, display, copy, download, distribute, reproduce or retransmit the materials at, or downloaded from, this site (or any information, text or documents contained therein) in any way or create any derivative work based thereon. The materials at this site are copyrighted and/or trademarked and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. No information or statement contained in, or access through, this site shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of NovaDel or of any third party. If you breach any of these terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials. Your use of this site constitutes, and evidences, your agreement to be bound by these terms.
Links to Third Party Sites
The hypertext links on this web site may allow you to leave NovaDel’s web site. The links are provided as a service to users and are not sponsored by or affiliated with this web site or under the control of NovaDel. The links are accessed at the user's own risk, and NovaDel and the authors of its web site, make no representation or warranties about the content of these links. NovaDel is not responsible for the content of any linked site or any link contained in a linked site and is providing these links to you as a convenience. The inclusion of a hyperlink does not imply endorsement by NovaDel of the website.
Unsolicited Ideas and Concepts
NovaDel welcomes inquiries and comments from visitors to this site. However, any material, information or other communication you transmit or post to this site or to NovaDel by electronic mail, including, without limitation, questions, comments, data, ideas or know-how ("Communications") will be deemed to be non-confidential and non-proprietary and shall become the property of NovaDel. NovaDel will have no obligations with respect to the Communications. NovaDel and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, without limitation and without any obligation, monetary or otherwise, owed to you. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Limitation of Liability
IN NO EVENT WILL NOVADEL, OR ANY THIRD PARTIES MENTIONED AT OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF, OR RELATED TO, YOUR ACCESS, USE, OR INABILITY TO USE, OR THE RESULTS OF USE, OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY ERRORS OR OMISSIONS IN SUCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable Laws
The site is administered by NovaDel from its offices in Flemington, New Jersey. NovaDel makes no representation that materials at this site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. All users hereof expressly consent to the exclusive jurisdiction of the state or federal courts of the State of New Jersey, without regard to the conflicts of laws principles of any other state or country.
Trademarks
Names mentioned herein may be the trademarks of their respective owners. NovaDel prohibits the use of any trademarks as "hot" links to any web site unless the establishment of such link is approved in advance by the Company. Your use of this web site is an acknowledgement thereof and an agreement that you have no rights to use any such trademarks without the prior written consent of NovaDel.
Rights Reserved
Any rights not expressly granted herein are reserved. NovaDel reserves the right to change this Agreement at any time. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded or supplemented by expressly designated legal notices or terms located on particular pages at this site. Continued use of this web site following any such changes shall constitute the user's acceptance of such changes.
Forward-Looking Statements and Information
This web site contains forward looking statements for the purpose of the Private Securities Litigation Reform Act of 1995. The forward looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those indicated. For additional information about the potential risks and uncertainties that may affect the Company’s business, please refer to the Company’s most recent Form 10-K and 10-Q filings with the U.S. Securities and Exchange Commission. The Company undertakes no obligation to provide any revisions to forward-looking statements as the result of subsequent events or developments. These forward-looking statements involve known and unknown risks and uncertainties that may cause the Company’s actual results or outcomes to be materially different from those anticipated and discussed herein including, but not limited to, the successful completion of its pilot pharmacokinetic feasibility studies, the ability to develop products (independently and through collaborative arrangements), the ability to commercialize and obtain FDA and other regulatory approvals for products under development and the acceptance in the marketplace for lingual spray products. The filing of an NDA with the FDA is an important step in the approval process in the US. Acceptance for filing by the FDA does not mean that the NDA has been or will be approved, nor does it represent an evaluation of the adequacy of the data submitted. Further, the Company operates in industries where securities may be volatile and may be influenced by regulatory and other factors beyond the Company’s control. Important factors that the Company believes might cause such differences are discussed in the risk factors detailed in the Company’s most recent Annual Report and Registration Statements, filed with the U.S. Securities and Exchange Commission. In assessing forward-looking statements contained herein, if any, the reader is urged to carefully read all cautionary statements contained in such filings.
Privacy Policy
NovaDel is strongly committed to protecting your privacy. You can navigate the majority of this site without giving any personal information about yourself. However, sometimes the Company needs additional information about you in order to provide the information or services you are requesting. Your privacy is important to NovaDel. To protect your privacy, the Company is providing this notice explaining the online information practices and the choices you can make about the way your information is collected and used.
The Information Collected
This notice applies to all information collected or submitted on the NovaDel website. Information is collected in several ways, which are described below:
1. On some pages, you can register to receive information on an automated, "alert" basis. The type of information that you can register to receive on an automated basis includes general information about NovaDel, such as:
Press releases
News and presentations
SEC reports
Investor Relations calendar updates
Annual Report / Other financials
The personal information collected when you register to receive information on an automated basis is your email address. Each time you receive an automated email alert, you have the option of canceling your registration and removing your email from the database by simply clicking on the unsubscribe link at the bottom of each email alert message.
2. On some pages, you may opt to provide us information about yourself if you are interested in an employment opportunity at NovaDel. The information requested from you will be based on your area of interest.
3. On some pages, you can register to receive customized information. This information is generally collected on forms where you can ask questions or request information. The personal information you provide on these forms may include your name, title, company name, address, contact numbers, and email.
Medical Information
This Internet site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.
The Way NovaDel Uses Information
The Company stores the information you provide about yourself in a secure database in order to provide you with the information, products, and/or services you request. The information is stored for the lifetime of the database unless you request that it be removed. The information you provide us about yourself will be shared with NovaDel employees to the extent necessary to accommodate your request. You must consent for the Company to share your identifiable information with third parties, who would be bound by a confidentiality agreement.
NovaDel uses non-identifying and aggregate information about the use of the web site to improve the navigation, content, and design of the site. This information may include, for example, the most and least requested pages and the number of users from the U.S. and other countries, among other things.
Finally, unless otherwise excepted below, NovaDel will not use your personally identifiable information provided to us online for purposes other than those you requested without also providing you an opportunity to agree or otherwise limit such unrelated purposes.
Exceptions
Except as described above, NovaDel will not otherwise use or disclose any of your personally identifiable information, except to the extent reasonably necessary: (i) to correct technical problems and malfunctions and to technically process your information; (ii) to protect the security and integrity of the Company web site; (iii) to protect the Company’s rights and property and the rights and property of others; (iv) to take precautions against liability; (v) to the extent required by law or to respond to judicial process; or (vii) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety, as applicable.
Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, NovaDel has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information collected online.
Cookies
A cookie is a piece of data stored on the hard drive of your computer. Usage of a cookie is in no way linked to any personally identifiable information while on the NovaDel web site. NovaDel uses cookies on its Web site in order (a) to allow site visitors to personalize their experience by accessing information, products, and services relevant to their areas of interest, (b) to track a user session within a subscribed product, and (c) to allow site visitors to vote only once in periodic opinion polls.
The Company receives IP addresses in the normal course of the operation of the web site. An IP address is a number assigned to you by your Internet service provider so you can access the Internet. Although NovaDel does receive IP addresses, the Company does not use them to identify you personally or disclose them to others.
Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, NovaDel does not collect or maintain information on this web site from those known to be under 13 years of age, and no part of the web site is structured to attract anyone under 13.
How You Can Access or Correct Your Information
You may update or remove the information provided to NovaDel by contacting to the Company - see Contact Us. To protect your privacy and security, the Company will also take reasonable steps to verify your identity before updating or removing your information. The information you provide may be archived or stored periodically by NovaDel according to backup processes conducted in the ordinary course of business. Information stored as part of this backup process will be deleted in due course on a regular schedule.
Links to Other Websites
The NovaDel web site may contain links to other web sites. You should carefully review the privacy policies and practices of other Web sites, as NovaDel cannot control or be responsible for their privacy practices.
Notification of Changes
As the Company provides more services on its web site and as privacy laws and regulations evolve, it may be necessary to revise or update this Privacy Policy without notice. Any changes will be presented here and the Company will continue to protect your identifiable information.
Revised December 12, 2006