Privacy Policy

Effective Date: September [__], 2020

TERMS OF USE

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

Effective Date. The Effective Date of these Terms of Use is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms of Use without further notice by updating this posting. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the amended Terms of Use.

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

Content. Diffusion will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. All statements and expressions are the sole opinion of the company and are subject to change without notice. You agree that access to and use of this website and the content contained in this website is at your own risk and subject to the foregoing limitations. Diffusion disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Diffusion nor any party involved in creating, producing, developing or delivering this website 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 website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment, as well as any investment decisions you may make based on the information contained in this website.

Investment Decisions. Diffusion is not liable for any investment decisions by your or on your behalf based on information contained in this website. It is strongly recommended that any purchase or sale decision involving Diffusion securities be discussed with a financial advisor, or a broker-dealer, or a member of the appropriate financial regulatory bodies. The information contained herein has been provided as an information service only. Investors in Diffusion’s securities are cautioned that they may lose all or a portion of their investment.

Indemnification. You agree to indemnify, defend and hold harmless Diffusion, 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. Please refer to Diffusion’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this website.

Third Party Websites and Links. This website may contain links or references to other websites maintained by third parties over whom Diffusion has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over whom Diffusion has no control. Diffusion makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites 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 Diffusion. The accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained.

Medical Information. This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only, is incomplete and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. Youshould always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Forward Looking Statements. To the extent any statements made in this website deal with information that is not historical, these are “forward-looking statements” under the securities laws of the United States. Such statements include, but are not limited to, statements about the company’s plans, objectives, expectations and intentions with respect to future operations and products, the potential of the company’s technology and product candidates, and other statements that are not historical in nature, particularly those that utilize terminology such as “may,” “will,” “would,” “could,” “should,” “plans,” “possibility,” “potential,” “future,” “expects,” “anticipates,” “believes,” “intends,” “continue,” “expects,” “estimates,” “approximately,” “future,” other words of similar meaning and their negative variations, the use of future dates, or any other words or phrases that convey uncertainty of future events of outcomes. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. Uncertainties and risks may cause Diffusion’s actual results to be materially different than those expressed in or implied by such forward-looking statements. Particular uncertainties and risks include:  the timing of the enrolment and completion of the Company’s ongoing Phase 1b study of trans sodium crocetinate (“TSC”) in hospitalized COVID-19 patients, the pharmacodynamic data providing proof of concept for TSC in hypoxemic patients, and the use of these data to guide design of the planned follow-on efficacy study; regulatory uncertainty with respect to the protocol and other elements of the Company’s development plan for TSC, including whether the U.S. Food and Drug Administration (“FDA”) and appropriate European regulators will require significant changes thereto that might take significant time or resources to implement, if at all; the uncertainty as to whether and when the FDA or European regulators might provide any additional guidance with respect to our study protocol or when the program might be able to commence, if at all;  Diffusion’s ability to maintain its Nasdaq listing; the difficulty of developing pharmaceutical products, obtaining regulatory and other approvals and achieving market acceptance, including decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Diffusion products; challenges to the validity and enforcement of Diffusion’s patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; the sufficiency of the Company’s cash position and the Company’s potential need for and ability to obtain additional financing or partnering arrangements; general business, market and economic conditions; and the various other risks (many of which are beyond Diffusion’s control) described under the heading “Risk Factors” in Diffusion’s filings with the United States Securities and Exchange Commission. All forward-looking statements contained in this website speak only as of the date such forward-looking statement was originally made and are based on management’s beliefs and expectations at the time of such statement. Diffusion undertakes no obligation to update or revise any forward-looking statement, whether as a result of new information, future events or otherwise, except as required by applicable law.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to Diffusion through the Internet or post on a Diffusion website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Diffusion shall have no obligation of any kind with respect to such information. Diffusion shall be free to use any such information 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 Diffusion, its affiliates, related companies or its licensors or joint venture partners, 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.

Copyrights. The entire contents of this website are subject to copyright protection. The contents of Diffusion websites 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 website 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 Diffusion. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Diffusion, or any third party.

Void Where Prohibited. This website and its contents are intended to comply with the laws and regulations in the United States, as applicable. Although the information on this website is accessible to users outside of the United States, the information pertaining to Diffusion products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States.

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

Electronic Contracting. Your affirmative act of using this website constitutes your consent to enter into agreements with Diffusion electronically.

Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable in any jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions. Diffusion reserves the right to alter or delete materials from this website at any time at its discretion.

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