Terms and Conditions

Welcome to the ZIOPHARM Oncology, Inc. (“ZIOPHARM” or the “Company”) Web site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the site.

Use of Web site

The information provided on this site is for general informational and educational purposes. Certain sections of this Web site are intended for particular audiences including ZIOPHARM’s employees, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the Web site is subject to these Terms of Use. By accessing and using this Web site, you accept, without limitation or qualification, these Terms of Use.

Content

ZIOPHARM may make improvements and/or changes to this Web site at any time. Although ZIOPHARM attempts to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. ZIOPHARM does not have a duty to update information contained in this website, and ZIOPHARM will not be liable for any failure to update such information. ZIOPHARM make no representation as to the completeness, accuracy or currentness of any information on this website, and undertakes no obligation to update or revise the information contained on this Web 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 Web site before relying upon it.

Limitation of Liability and Disclaimer of Warranties

You agree that access to and use of this Web site and the content thereof is at your own risk.  ZIOPHARM provides the Web site and all related information on an “as is” and “as available” basis.  The Company does not provide any express warranties or representations.  To the fullest extent permissible under applicable law, ZIOPHARM disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, title, accuracy of data, and noninfringement.  Neither ZIOPHARM, its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors, nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

Indemnification

You agree to indemnify, defend and hold harmless ZIOPHARM, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Privacy

ZIOPHARM respects the privacy of its Web site users. Please refer to ZIOPHARM’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Web site. By accessing or using this Web site you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

Third Party Web sites and Links

This Web site may contain links or references to other Web sites maintained by third parties over whom ZIOPHARM has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom ZIOPHARM has no control. ZIOPHARM makes no warranties or representations of any kind as to the accuracy, timeliness, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by ZIOPHARM.  If you decide to access any external sites using third party links, you do so at your own risk.

Medical Information

This Web 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 health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Forward Looking Statements

This Web site may contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as amended.  Forward-looking statements are statements that are not historical facts, and in some cases can be identified by terms such as “may,” “will,” “could,” “expects,” “plans,” “anticipates,” and “believes.” All such statements are subject to certain risks and uncertainties, many of which are difficult to predict and generally beyond the control of the Company, that could cause actual results to differ materially from those expressed in, or implied by, the forward-looking statements. These risks and uncertainties include, but are not limited to: changes in the Company’s financial condition and cash needs, funding or other strategic opportunities that become available to the Company, the Company’s ability to finance its operations and business initiatives and obtain funding for such activities; whether any product candidates will advance further in the preclinical research or clinical trial process and whether and when, if at all, they will receive final approval from the U.S. Food and Drug Administration or equivalent foreign regulatory agencies and for which indications; whether the Company’s therapeutic products it develops will be successfully marketed if approved; the strength and enforceability of the Company’s intellectual property rights; competition from other pharmaceutical and biotechnology companies; as well as other risk factors contained in the Company’s periodic and interim reports filed from time to time with the Securities and Exchange Commission, including but not limited to, the risks and uncertainties set forth in the “Risk Factors” section of the Company’s Annual Report on Form 10-K and subsequent reports that the Company may file with the Securities and Exchange Commission. The Company assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in ZIOPHARM’s Privacy Policy, any communication or other material that you send to us through the Internet or post on this site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and ZIOPHARM shall have no obligation of any kind with respect to such information. ZIOPHARM shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of ZIOPHARM or its licensors, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that ZIOPHARM actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyrights

The entire contents of this Web site are subject to copyright protection. Copyright © 2018 ZIOPHARM Oncology, Inc. The contents of this Web site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of ZIOPHARM. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of ZIOPHARM, or any third party.

Void Where Prohibited

This Web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Web site is accessible to users outside of the U.S., the information pertaining to ZIOPHARM products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.

Governing Laws

These Terms of Use and your use of the Web site shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.

Miscellaneous

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. ZIOPHARM reserves the right to alter or delete materials from this Web site at any time at its discretion.