AIM ImmunoTech Inc., (“AIM ImmunoTech”, “us” or “we”), maintains the website www.aimimmuno.com (the “AIM ImmunoTech Website”). By accessing and/or using the AIM ImmunoTech Website, you are expressly agreeing to comply with and be bound by these Terms of Use (the “Terms of Use”). If you do not agree with these Terms of Use, you are not authorized to access or use the AIM ImmunoTech Website. AIM ImmunoTech reserves the right to revise or update these Terms of Use at any time without prior notice to you. The most recent effective date of these Terms of Use is listed at the top of this page. Please periodically link to and review these Terms of Use. Your continued use of the AIM ImmunoTech Website subsequent to the posting of any updated Terms of Use means you agree to comply with any such updated terms.
Content
The information provided on the AIM ImmunoTech Website is for general company and product information and educational purposes only. As such, the AIM ImmunoTech Website and its contents should not be relied upon as an exclusive source of information and is not intended to be a substitute for professional medical advice, diagnosis or treatment. In particular, you should not rely on the content contained herein for diagnosing a health problem or disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding our products or any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on the AIM ImmunoTech Website.
Proprietary Rights
We have invested a significant amount of time, effort, and resources in the creation of the AIM ImmunoTech Website, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that AIM ImmunoTech and/or its licensors retain all right, title, and interest in the AIM ImmunoTech Website (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to the AIM ImmunoTech Website, whether by AIM ImmunoTech or users and whether in print, machine-readable, visual or audible form (altogether, “AIM ImmunoTech Content”). You may access, download, display, print and retain AIM ImmunoTech Content from the AIM ImmunoTech Website solely for your own educational use. The AIM ImmunoTech Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of AIM ImmunoTech, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use of any AIM ImmunoTech Content, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and unfair competition laws. No license or right is intended to be conveyed to you under any trademark of AIM ImmunoTech or any third party, whether by implication, estoppel or otherwise. Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. If you wish to obtain permission to reprint or reproduce any materials appearing on the AIM ImmunoTech Website other than as permitted above, you may contact us at webmaster@AIMimmuno.com. All rights not expressly granted herein are reserved.
Separate or Additional Terms
Notwithstanding anything contained in the foregoing paragraph, certain AIM ImmunoTech Content on the AIM ImmunoTech Website may be subject to separate or additional terms or conditions of use as stated either on the AIM ImmunoTech Website or in such AIM ImmunoTech Content. You agree to comply with such terms and conditions with respect to your use of such AIM ImmunoTech Content.
Forward-Looking Statements
The AIM ImmunoTech Website may contain forward-looking statements forward-looking statements that involve a number of risks and uncertainties. Among other things, for those statements, we claim the protection of safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. Any forward-looking statements set forth on this website speak only as of the date of the website. We do not undertake to update any of these forward-looking statements to reflect events or circumstances that occur after the date hereof. We are in various stages of seeking to determine whether Ampligen® will be effective in the treatment of multiple types of viral diseases, cancers, and immune-deficiency disorders and the website sets forth our current and anticipated future activities. These activities are subject to change for a number of reasons. Significant additional testing and trials will be required to determine whether Ampligen® will be effective in the treatment of these conditions. Results obtained in animal models do not necessarily predict results in humans. Human clinical trials will be necessary to prove whether or not Ampligen® will be efficacious in humans. No assurance can be given as to whether current or planned clinical trials will be successful or yield favorable data and the trials are subject to many factors including lack of regulatory approval(s), lack of study drug, or a change in priorities at the institutions sponsoring other trials. Even if these clinical trials are initiated, we cannot assure that the clinical studies will be successful or yield any useful data or require additional funding. Among the studies are clinical trials that provide only preliminary data with a small number of subjects, and no assurance can be given that the findings in these studies will prove true or that the study or studies will yield favorable results. Some of the world’s largest pharmaceutical companies and medical institutions are working on a treatment for COVID-19. Even if Ampligen® proves effective in combating the virus, no assurance can be given that our actions toward proving this will be given first priority or that another treatment that eventually proves capable will not make our efforts ultimately unproductive, as multiple vaccines, and some treatments, are now available and major pharma companies are working to develop their own disease treatments. We recognize that all cancer centers, like all medical facilities, must make the pandemic their priority. Therefore, there is the potential for delays in clinical trial enrollment and reporting in ongoing studies. No assurance can be given that future studies will not result in findings that are different from those reported in the studies referenced in the website. Operating in foreign countries carries with it a number of risks, including potential difficulties in enforcing intellectual property rights. In addition, many countries, including Argentina, are dealing with COVID-19 outbreaks and have made that their primary focus. We believe that this may be delaying our commercialization of Ampligen® in Argentina until COVID-19 is more under control. We cannot assure that our potential foreign operations will not be adversely affected by these risks. Please review the “Risk Factors” section in our latest annual report on Form 10-K and subsequent quarterly reports on Form 10-Q.
Personally Identifiable Information
By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the AIM ImmunoTech Website, you hereby represent and warrant that all such personal information is accurate and complete, and grant to AIM ImmunoTech a royalty-free license to use and disclose this information in accordance with our Privacy Policy. Please review AIM ImmunoTech’s Privacy Policy before submitting any personally identifiably information to AIM ImmunoTech.
Feedback
AIM ImmunoTech will treat any suggestions, questions, comments, data, materials or the like other than personally identifiable information (collectively, the “Feedback”) sent to AIM ImmunoTech as non-confidential and non-proprietary information. You represent and warrant that you have the right to provide such Feedback and that it will not infringe any third party rights. AIM ImmunoTech shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that AIM ImmunoTech shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that, although AIM ImmunoTech shall have no obligation to do so, AIM ImmunoTech shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party’s consent, including but not limited to developing, manufacturing and marketing products and services.
Indemnity
The AIM ImmunoTech Website is being provided by AIM ImmunoTech to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; (ii) your use of the AIM ImmunoTech Website; (iii) your use of or reliance on any AIM ImmunoTech Content, including any medical information provided on the AIM ImmunoTech Website and/or (iv) any authorized disclosure (including, without limitation, your authorization that AIM ImmunoTech disclose your personal information and credentials to our human resources department). You agree to hold AIM ImmunoTech and AIM ImmunoTech’s directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from any and all damages, costs, expenses and other liabilities including, but not limited to, attorneys’ fees and expenses relating to any claim arising out or resulting from your access to the AIM ImmunoTech Website and the AIM ImmunoTech Content thereon or your use, disclosure or authorization for AIM ImmunoTech to disclose any data or content thereon.
No Warranty
You acknowledge that the services and AIM ImmunoTech Content located on the AIM ImmunoTech Website are provided “AS IS”, “AS-AVAILABLE” and “WITH ALL FAULTS.” AIM ImmunoTech, its directors, officers, employees, subsidiaries and affiliates make no warranty as to the AIM ImmunoTech Website and the entire risk with respect thereto is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AIM IMMUNOTECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIM IMMUNOTECH DOES NOT WARRANT THAT THE AIM IMMUNOTECH WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AIM IMMUNOTECH WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS AND FIREWALLS. INFORMATION CONTAINED ON THE AIM IMMUNOTECH WEBSITE MAY BE INCOMPLETE, OUTDATED, INACCURATE OR CONTAIN TYPOGRAPHICAL ERRORS. AIM IMMUNOTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIAL ON THE AIM IMMUNOTECH WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY.
Exclusion of Damages; Limitation on Liability
YOUR USE OF THE AIM IMMUNOTECH WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL AIM IMMUNOTECH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGES TO YOU OR YOUR HARDWARE OR SOFTWARE, EVEN IF AIM IMMUNOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE AIM IMMUNOTECH WEBSITE OR YOUR RELIANCE ON THE AIM IMMUNOTECH CONTENT, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER FAULT OF AIM IMMUNOTECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE AIM IMMUNOTECH WEBSITE OR ANY AIM IMMUNOTECH CONTENT (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
General Provisions
Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Use without the prior written consent of AIM ImmunoTech, which consent may be withheld at AIM ImmunoTech’s sole and absolute discretion. AIM ImmunoTech may assign these Terms of Use in whole or in part at any time with or without notice to you.
Choice of Law. The Terms of Use shall be governed by the laws of the State of Pennsylvania as such laws are applied to contracts executed in and to be performed entirely within Pennsylvania by Pennsylvania residents. This means that Pennsylvania law will be applied to the interpretation of these Terms of Use even for non-Pennsylvania residents.
Void Where Prohibited. The AIM ImmunoTech Website and the AIM ImmunoTech Content are intended to comply with the laws and regulations in the United States. Although the AIM ImmunoTech Content on the AIM ImmunoTech Website is accessible to users outside of the United States, the AIM ImmunoTech Content is intended for use only by residents of the United States. Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. The AIM ImmunoTech Website may include links to other sites, some of which may be outside the United States. Those websites may have information that is appropriate only to that particular originating country.
Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
Headings. Section titles in these Terms of Use are for convenience and do not define, limit, or extend any provision of these Terms of Use.
Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to these Terms of Use or arising out of your use of this Website, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in Philadelphia, Pennsylvania. However, either party may bring an action for a preliminary injunction and seek to and enforce the same against the other in any court of competent jurisdiction.
In connection with the foregoing agreement to arbitration, you and AIM ImmunoTech acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial, or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and AIM ImmunoTech both agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide, or representative basis and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the arbitration clause set forth in this user agreement is deemed inapplicable or invalid, or the extent the arbitration clause allows for litigation of disputes in court, you and AIM ImmunoTech both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.
Entire Agreement; Amendments. These Terms of Use and our Privacy Policy constitute the entire agreement between you and AIM ImmunoTech with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, AIM ImmunoTech may amend these Terms of Use without prior notice to you. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision of these Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
Contact
If you have any questions about the foregoing, please contact AIM ImmunoTech at the following e-mail address: info@AIMimmuno.com or send a letter to: AIM ImmunoTech Inc., 2117 SW Highway 484, Ocala, FL 34473