Terms of Use

Last updated: February 13, 2014

Welcome! Please take a moment to scroll down and read these Terms of Use.

Matinas BioPharma Inc. (“Matinas BioPharma,” “we,” “us,” or “our”) owns and operates the website located at http://www.matinasbiopharma.com (the “Site”). By browsing the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to any of these terms, then please do not access the Site. These Terms of Use may be updated by us from time to time without notice to you.

All statements and expressions posted on the Site are the sole opinion of the editor and are subject to change without notice. Matinas BioPharma is not liable for any investment decisions made by you. It is strongly recommended that you discuss any purchase or sale decision with a financial advisor, or a broker-dealer, or a member of any financial regulatory bodies. The Site and the Content is provided for informational purposes only. The accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained. Investors are cautioned that they may lose all or a portion of their investment in this or any other company. Reliance on the Site and the Content is solely at your own risk.

Use of Personal Data

Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Information”). Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Intellectual Property

The Site contains material, such as text, graphics, images, and other material provided by or on behalf of Matinas BioPharma (collectively referred to as the “Content”).  The Content may be owned by us or by third parties, and is protected under both United States and foreign laws.  The Content includes, but is not limited to, the trademarks, service marks, and logos of Matinas BioPharma used and displayed on the Site, which are registered and unregistered trademarks or service marks of Matinas BioPharma and/or its licensors.  Except as expressly permitted in these Terms of Use, you have no rights in or to the Content.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MATINAS BIOPHARMA DOES NOT WARRANT THAT THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MATINAS BIOPHARMA SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE.

IN NO EVENT SHALL MATINAS BIOPHARMA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MATINAS BIOPHARMA PARTIES”) BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH MATINAS BIOPHARMA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE MATINAS BIOPHARMA PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS MATINAS BIOPHARMA PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR THE CONTENT IS TO STOP USING THIS SITE.

External Sites

This Site may contain links to third-party websites (“External Sites”), but Matinas BioPharma does not endorse and is not responsible for the content of any linked External Sites.  Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the Matinas BioPharma Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site and/or the Content, and (iii) your violation of any intellectual property or other right of any third party. 

Compliance with Applicable Laws

The Site is intended to be used only by residents of the United States that are age 13 years or older.  We make no claims concerning whether any Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Site from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate these Terms of Use and your access to all or any part of the Site at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

Copyright Complaints

If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Jerome D. Jabbour
EVP, Chief Business Officer & General Counsel
Matinas BioPharma, Inc.
1545 Route 206 South, Suite 302
Bedminster, NJ 07921

To contact our Copyright Agent by email, please write to DMCA@matinasbiopharma.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the section entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by Matinas BioPharma to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey.  These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@matinasbiopharma.com.