|Welcome to Our Website.
Please read the following terms and conditions
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that you have read, understood and agree to
be bound by the following terms and conditions.
We may change these terms and conditions from
time to time at our sole discretion and without
notice. Your continued access after any change
constitutes acceptance of the amended provisions,
and the terms in place at the time of access
apply. If you do not agree with the terms
and conditions, do not access and use our
website. These terms and conditions apply
to all visits to our website.
Limited License. Information and
materials on our website may be protected
by copyright and other laws protecting
intellectual property or proprietary rights,
and those proprietary rights may belong
to us or to third parties. We authorize
you to access, view and copy information
and materials on the public portions of
our website for non-commercial, personal
and informational use, and, with appropriate
attribution, to search or link to the
public portions of our website. Any copy
of this material or information you copy
shall retain all copyright and other proprietary
notices in the same form and manner as
on the original. No other use of the information
is authorized. This permission terminates
automatically and without notice if you
breach any of these terms and conditions.
Except as expressly provided above, nothing
contained in this website shall be construed
as conferring by implication, estoppel
or otherwise, any license or right under
any copyright, patent, trademark or other
intellectual property right of ours or
any third party. Except as expressly provided
above, no portion of the information on
our website may be reproduced in any form,
or by any means, without our prior written
permission. Some images © copyright
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Compliance with Applicable Laws.
User access to our website is governed
by all applicable federal, state and local
laws. If the laws of your jurisdiction
do not permit access, then you must refrain
from doing so.
Trademark Information. All trademarks,
logos and service marks ("Marks")
displayed on our website, whether or not
appearing with the trademark symbol, are
the property of Array or of third parties.
You are not permitted to use these Marks
without our prior written consent or the
prior written consent of the third party
that owns the Mark.
Privacy. If you submit any information
(including personal information) at this
website, such information will be subject
to the Array privacy
policy. You are solely responsible
for the content of any information sent
to Array, including, without limitation,
its accuracy, truthfulness and non-infringement
of any other person's legal rights.
Disclaimers. Although we have attempted
to provide accurate information and materials
on our website, we assume no responsibility
and make no warranties regarding for the
accuracy, completeness, availability,
or timeliness of that information and
those materials. In particular, we may
not update our website on a regular basis,
and the information and materials contained
on our website may be out of date or include
omissions or other errors. We may make
additions, deletions and modifications
to the information provided on our website
at any time without notice.
THE WEBSITE AND ALL INFORMATION AND MATERIALS
PROVIDED ON THAT WEBSITE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
ARRAY, ITS AFFILIATES AND COLLABORATORS
DISCLAIM ALL WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, THE USE
OF REASONABLE SKILLS AND CARE, AND NON-INFRINGEMENT.
The use of the word "collaborator,"
or "partnership" does not mean
a legal partner or legal partnership.
Limitation of Liability; Indemnification.
YOUR USE AND ACCESS OF THE WEBSITE IS
AT YOUR OWN RISK. ARRAY, ITS AFFILIATES
AND COLLABORATORS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING
FROM USE OF OUR WEBSITE OR THE MATERIALS,
INFORMATION OR LINKS TO OTHER WEBSITES
OR INFORMATION OF THIRD PARTIES CONTAINED
IN IT, EVEN IF ARRAY, ITS AFFILIATES AND
COLLABORATORS HAVE BEEN EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE TO HOLD ARRAY, ITS AFFILIATES AND
COLLABORATORS HARMLESS FROM AND NOT TO
SUE SUCH PERSONS FOR ANY CLAIMS FOR ANY
LOSSES, DAMAGES, EXPENSES AND COSTS, INCLUDING
ATTORNEY'S FEES, BASED UPON OR RELATED
TO THE USE OF OUR WEBSITE, THE MATERIALS
AND INFORMATION ON OUR WEBSITE, OR ANY
WEBSITES LINKED FROM OUR WEBSITE.
Links to Other Websites. Our website
contains information and materials from
third parties and links to websites owned
and/or controlled by other parties over
whom we have no control. Access to any
other website is at your own risk and
we are not responsible for the functionality
of these websites or for the accuracy
or reliability of any information accessible
from these websites. We provide these
links merely as a convenience, and the
links are not an endorsement. It is also
up to you to take precautions to ensure
that whatever websites you access are
free of viruses and other items of a destructive
Mention of the products or services of
third parties is for information purposes
only and is neither an endorsement nor
Governing Law and Jurisdiction.
We reserve our right to any remedy available
at law or equity in the event of your
based on, arising out of, or relating
to your access to, or use of, our website
shall be governed by U.S. federal law
or by the laws of the State of Colorado,
without reference to conflict of laws
principles. Any legal action or proceeding
relating to your access to, or use of,
our website shall be instituted in a state
court in Boulder County, Colorado or the
U.S. District Court for the District of
Colorado. You and Array agree to submit
to the jurisdiction of, and agree that
venue is proper in, these courts in any
legal action or proceeding.
Forward-Looking Statements. This website contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that involve significant risks and uncertainties. In addition, we may make forward-looking statements in our press releases or in other oral or written communications with the public. These forward-looking statements include, but are not limited to, statements concerning the future drug development plans and projected timelines for the initiation and completion of preclinical and clinical trials by Array or our partners; the potential for the results of ongoing preclinical or clinical trials conducted by Array or our partners to support regulatory approval or the marketing success of drug candidates; our plans with respect to the timing and scope of the expansion of our clinical and commercialization capabilities; other statements regarding our future product development and regulatory strategies, including with respect to specific indications; the ability of third-party contract manufacturing parties to support our drug development activities; any statements regarding our future financial performance, results of operations or sufficiency of capital resources to fund our operating requirements; and any other statements which are other than statements of historical fact.
Although we believe the assumptions upon which our forward-looking statements are based currently to be reasonable, our actual results could differ materially from those anticipated in these forward-looking statements as a result of many factors. These factors include, but are not limited to, our ability to continue to fund and successfully progress internal research and development efforts and to create effective, commercially-viable drugs; our ability to effectively and timely conduct clinical trials in light of increasing costs and difficulties in locating appropriate trial sites and in enrolling patients who meet the criteria for certain clinical trials; the extent to which the pharmaceutical and biotechnology industries are willing to in-license drug candidates for their product pipelines and to collaborate with and fund third parties on their drug discovery activities; our ability to out-license our proprietary candidates on favorable terms; risks associated with our dependence on our partners for the clinical development and commercialization of our out-licensed drug candidates; the ability of our partners and of Array to meet objectives tied to milestones and royalties; our ability to attract and retain experienced scientists and management; our ability to achieve and maintain profitability; and the risk factors set forth in our annual report filed on form 10-K under the caption "Item 1A. Risk Factors." We are providing this information as of the date of this report. We undertake no duty to update any forward-looking statements to reflect the occurrence of events or circumstances after the date of such statements or of anticipated or unanticipated events that alter any assumptions underlying such statements.