Terms & Conditions of Use

ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. THE INFORMATION PROVIDED ON THIS WEBSITE (“SITE”) IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

FORWARD-LOOKING STATEMENTS DISCLAIMER

This Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are neither historical facts nor assurances of future performance. These statements are based only on our current beliefs, expectations and assumptions regarding the future of our business, future plans and strategies, projections, anticipated events and trends, the economy and other future conditions. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. Our actual results may differ materially from those indicated in the forward-looking statements as a result of a number of important factors, including, but not limited to, the safety and efficacy of our products and product candidates, future success of our clinical trials and scientific studies, our ability to enter into strategic partnerships and the future success of these strategic partnerships, the availability of funds and resources to pursue our research and development projects and general economic conditions. Our Annual Report on Form 10-K and subsequent Quarterly Reports on Form 10-Q include detailed risks under the caption “Risk Factors” that may affect our business, results of operations and financial condition. You are urged to review these risk factors and to not act in reliance on any forward-looking statements, as actual results may differ from those contemplated by our forward-looking statements. Phio Pharmaceuticals Corp. does not undertake to update forward-looking statements to reflect a change in its views, events or circumstances that occur after the date such statement was made.

Copyright and Trademark Information

This web site, and the information which it contains, is the property of Phio Pharmaceuticals Corporation (“Phio”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All product and service names mentioned or displayed on this website are the property of their respective owners.

Use of Phio Web Site and Its Content

The information contained throughout this web site is provided by Phio for informational purposes only. Although Phio will use reasonable efforts to include accurate and up-to-date information on this site, it makes no warranties or representations as to its accuracy.

Phio may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Please be advised that Phio enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than Phio may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Phio or such third party that may own the trademark or copyright of material displayed on this web site.

No Warranties

INFORMATION AND DOCUMENTS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PHIO DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS THE USER’S RESPONSIBILITY TO ASCERTAIN WHETHER ANY INFORMATION DOWNLOADED FROM THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PHIO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES), DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to Third-Party Web Sites

These Terms and Conditions apply only to www.phiopharma.com. This web site may contain links to non-Phio web sites. These links are provided to you as a convenience, and Phio is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from Phio, and Phio has no control over the content of that web site. In addition, a link to any non-Phio web site does not imply that Phio endorses or accepts any responsibility for the content or use of such a web site.

MEDICAL INFORMATION

This 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 healthcare 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 healthcare professional.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Phio of that third party or of any product or service provided by a third party.

Jurisdictional Issues

This Site and its contents, which are controlled and operated by Phio from offices in the United States, are intended to comply with the laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, the information contained within the Site 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. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer for any product or service made on this Site is void where prohibited.

Enforcement of Terms and Conditions

These Terms and Conditions shall be governed by, and construed and interpreted in accordance with, the laws of the State of Delaware without giving effect to its principles of conflict of laws. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Any failure by Phio to detect or protest any breach of the Terms and Conditions shall not constitute a waiver or impairment of any relevant term or condition or the right of Phio at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver by Phio may only occur in writing. Notwithstanding the foregoing, Phio shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent jurisdiction. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms of Service will continue in full force and effect.

REVISIONS

Phio may revise this Agreement at any time without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Phio, as described above.

Pamela Pavco, Ph.D.

Dr. Pavco has over 20 years of experience in the research and development of oligonucleotides. Until May 2017, she was the Chief Development Officer at Phio. Prior to Phio, she worked at Galena Biopharma, Inc. where she served as the Senior Vice President of Pharmaceutical Development until April 2012. Starting in 2002, she served as Senior Director, Research and Development Project Management at Sirna Therapeutics, Inc. until Sirna was acquired by Merck & Co., Inc. in 2006 for $1.1 billion. At Sirna, she headed the discovery research and development of Sirna-027, the first chemically modified siRNA to enter clinical trials. Dr. Pavco managed the alliance between Sirna and Allergan, Inc. that was initiated to continue discovery research in the area of ophthalmology and to take Sirna-027 forward into Phase 2 clinical studies. Other roles at Sirna included Director of Biology Research and Director of Pharmacology. She managed corporate collaborations and internal programs for Sirna focusing on the development of therapeutic oligonucleotides in the fields of oncology, anti- angiogenesis, hepatitis, respiratory disease and Huntington’s disease. Further, she has authored numerous scientific articles and contributed to approximately 58 patents and patent applications in the oligonucleotide therapeutics field. Dr. Pavco holds a Ph.D. in Biochemistry from Virginia Commonwealth University with post-doctoral work at Duke University. She is a member of the American Association of Cancer Research and the Association for Research and Vision in Ophthalmology.

Rolf Kiessling, M.D., Ph.D.

Dr. Kiessling is a Professor in Experimental Oncology at the Karolinska Institutet, as well as Senior Chief Physician of Radiumhemmet at Karolinska Hospital. He possesses broad scientific expertise in the field of experimental and clinical immunology and is credited with the discovery for Natural Killer cells (NK cells) during the mid-70’s. Over the course of his career, he has authored more than 250 publications in peer-reviewed journals. He previously served as a Member of the Research Council at the Swedish Cancer Society and the Swedish Association for Medical Research.

James D. Griffin, M.D.

Dr. Griffin is the Chairman of the Department of Medical Oncology at the Dana-Farber Cancer Institute and a Professor of Medicine at Harvard Medical School. He is also the Director of Medical Oncology at Brigham and Women’s Hospital. Dr. Griffin earned his Doctor of Medicine from Harvard Medical School in 1974. His residency training in internal medicine was at The Johns Hopkins Hospital, while his Hematology fellowship was at Massachusetts General Hospital and medical oncology fellowship was at Dana-Farber. In 1981, he joined the staff of Dana-Farber, where he is currently chair of the Department of Medical Oncology. From 1993 to 1998, he was editor-in-chief of Blood. In addition to his role at Phio, Dr. Griffin is a member of the scientific advisory boards of the Lombardi Cancer Center at Georgetown University, The Johns Hopkins Cancer Center, and Case Western Cancer Center.

Gerrit Dispersyn, Dr.Med.Sc.

As President and Chief Executive Officer of Phio Pharmaceuticals, Dr. Gerrit Dispersyn holds a seat as a director on the Phio board. Previously, he has served as the Vice President, Global Head of Clinical Affairs at Integra LifeSciences Corporation, where he was responsible for global strategy and execution of Clinical Development, Clinical Operations and Medical Affairs projects. He was also a member of the Senior Management Leadership team and several of the core teams for M&A projects. Prior to Integra, Dr. Dispersyn was the Vice President, Product Development & Portfolio Management for Barrier Therapeutics, Inc., a pharmaceutical company focused on the development and commercialization of dermatology products. A Johnson & Johnson spin-out, Barrier is now part of GlaxoSmithKline. Dr. Dispersyn holds a Dr. Med. Sc. (Ph.D. in Medical Sciences) from the Faculty of Medicine at Maastricht University, Maastricht, the Netherlands, as well as a post-graduate degree in Biomedical Imaging and a M.Sc. in Biochemistry, both from the University of Antwerp, Belgium.

Curtis Lockshin, Ph.D., Director

Dr. Lockshin currently serves as the Chief Scientific Officer of Xenetic Biosciences, Inc., a biopharmaceutical company focused on the development of novel oncology therapeutics. Previously, he was Chief Technical Officer of VBI Vaccines, Inc., as well as the former Chief Executive Officer of SciVac Therapeutics, Inc. until its acquisition by VBI in July 2016. Prior to this, Dr. Lockshin was the Vice President of Corporate R&D Initiatives for OPKO Health, Inc., with operational responsibilities inside several of OPKO’s R&D units. He began his career as a scientist with Sepracor Inc. (now Sunovion Pharmaceuticals Inc.) and eventually became the research director responsible for the strategy and operations of Sepracor’s new leads initiative. Dr. Lockshin holds an S.B. degree in Life Sciences and a Ph.D. in Biological Chemistry from the Massachusetts Institute of Technology. He is currently a member of the Phio Compensation Committee and the Chair of the Nominating & Governance Committee.

Jonathan Freeman, Ph.D., Director

Dr. Freeman is the Chief Operating Officer of Anthos Therapeutics Inc., a clinical-stage biopharmaceutical company launched by Novartis and Blackstone Life Sciences to develop therapies for cardiovascular patients. Since July 2018, he has also been a Senior Advisor at Blackstone Life Sciences. Prior to this, he was the Chief Business Officer at Vedanta Biosciences. He was also Senior Vice President of Strategy and Portfolio Management at Merck KGaA, where he was responsible for the portfolio and strategic shift that repositioned Merck as a major player in the immuno-oncology space. Dr. Freeman earned his Ph.D. in Molecular Pharmacology and Drug Metabolism from the Imperial Cancer Research Fund (now CRUK), an M.A. and First-Class Honors in Biochemistry from Cambridge University, and an MBA with a finance major from Webster, St. Louis. He is a member of the Phio Nominating & Governance Committee as well as the Audit Committee.

Robert Ferrara, Director

Mr. Ferrara recently served as the Chief Financial Officer of Cutanea Life Sciences, Inc., a private company focused on developing innovative technologies to treat diseases and disorders of the skin and subcutaneous tissue. He is the former Chief Financial Officer of Storeroom Solutions Inc., a venture-financed integrated supply chain solutions company and NER Data Products, Inc., an IT service management company. Mr. Ferrara has held numerous senior-level financial positions in national and international public companies in the greater Philadelphia area. Previously, he has also served on the board of directors of the Planned Lifetime Assistance Network of Pennsylvania, where he was on the executive committee, as well as chairman of the governance and audit committees. He is a Certified Public Accountant and earned a B.S. in Accounting from Lehigh University. He is the current Chair of the Phio Audit Committee, as well as a member of the committees on Compensation and Nominating & Governance.

H. Paul Dorman, Director

Mr. Dorman possesses nearly three decades of executive experience in the pharmaceutical industry. He currently serves as the Chairman and CEO of DFB Pharmaceuticals, a holdings company specializing in pharmaceutical business investments and operations. Previously, he was the Chairman and CEO of DPT Laboratories, a contract manufacturer and developer of pharmaceuticals products. Mr. Dorman worked at Johnson & Johnson for 12 years, where he served in various positions, including Vice President. He earned a B.S. in Mechanical Engineering from Tulane University and a Juris Doctor of Law from Loyola University. He is currently a member of the Phio Audit Committee.

Geert Cauwenbergh, Dr.Med.Sc., Director

Dr. Cauwenbergh served as President and Chief Executive Officer of Phio from April 2012 until his retirement in March 2019. He is also the former Chairman and Chief Executive Officer of Barrier Therapeutics, Inc., a publicly-traded biopharmaceutical company that he founded in 2001. Barrier focused on dermatology drug development, and was acquired by Stiefel Laboratories, Inc. in 2008. Prior to this, Dr. Cauwenbergh held senior management positions at Johnson & Johnson over a 23-year period. He holds a Doctorate in Medical Sciences from the Catholic University of Leuven, Faculty of Medicine (Belgium), where he also completed his masters and undergraduate work. He is currently a director on the boards of Phio and Moberg Pharma AB.

Robert Bitterman, Chairman

Mr. Bitterman has over 18 years of executive leadership experience in the pharmaceutical and biologic life science industry. He recently served as President and Chief Executive Officer of Cutanea Life Sciences, Inc., a private company he founded in 2005 that focused on developing innovative technologies to treat diseases and disorders of the skin and subcutaneous tissue. Cutanea was acquired by Biofrontera, Inc., USA in March 2019. Previously, he was President and Chief Executive Officer of Isolagen, Inc., as well as President and General Manager of Dermik Laboratories. He has also held significant positions advising Aventis S. A. on financial and commercial matters. Mr. Bitterman earned an A.B. in Economics from The College of the Holy Cross and a Master of Business Administration degree from Boston University. He is currently the Chairman of the Board and the Chair of the Compensation Committee at Phio.

Caitlin Kontulis

VP of Finance and Administration

Caitlin Kontulis has been with Phio Pharmaceuticals since April 2012. Prior to Phio, Ms. Kontulis was the Controller of Galena Biopharma, Inc. where she played a central role in the spin-out of Phio as a stand-alone public company. Ms. Kontulis began her career in the audit practice of PricewaterhouseCoopers in Boston, Massachusetts. She received her Masters in Accounting from Northeastern University, a Bachelor’s degree with a major in Accounting from Bryant University, and is a licensed certified public accountant in the state of Massachusetts.

Jim Cardia, Ph.D.

VP of Business Operations

James Cardia, Ph.D., is the Vice President of Business Operations at Phio Pharmaceuticals, with over 10 years of experience in biotechnology. During his tenure at Phio, Dr. Cardia’s group was responsible for the discovery and optimization of “self-delivering” RNAi platform (termed INTASYL™) and the development and characterization of multiple INTASYL compounds for the treatment of cancer as well as dermal and ocular scarring. He has managed the intellectual property portfolio of Phio and has led business development activities, resulting in multiple licensing and co-development agreements. He has also contributed to numerous publications and patent applications. Dr. Cardia has a Ph.D. in chemistry from Boston College and received postdoctoral training in the Department of Chemistry and Chemical Biology at Harvard University.

Simon Fricker, Ph.D.

VP of Research

Dr. Simon Fricker joined Phio Pharmaceuticals in November 2019. A successful leader of pharmaceutical R&D, he has worked in both small company and large multi-national corporate environments in the UK, Canada and US. He was a member of the UK team which was awarded the Queen’s Award for Technology for the discovery of the cancer drug Paraplatin™. Dr. Fricker was a founding member and Director of Biology of Canadian biopharma company AnorMED, taking two drugs into clinical development with IND filing in FDA divisions of virology (HIV) and oncology, and the subsequent NDA and clinical approval of Mozobil™, a CXCR4 antagonist for hematopoietic stem cell transplant for patients with multiple myeloma and non-Hodgkin’s lymphoma. As a Distinguished Scientific Fellow at the Sanofi/Genzyme R&D Center, he led a research team working on immune-mediated diseases. He obtained his training in the UK with a M.Sc. in Molecular Enzymology and Ph.D. in Chemistry and Molecular Science from the University of Warwick with postdoctoral research at the University of Cambridge.

Gerrit Dispersyn, Dr.Med.Sc.

President and Chief Executive Officer

Dr. Gerrit Dispersyn joined Phio Pharmaceuticals Corp. in April 2017. An accomplished leader in clinical, product, and business development, Dr. Dispersyn most recently served as the Vice President, Global Head of Clinical Affairs at Integra LifeSciences Corporation. In this role, he was responsible for Integra’s global strategy and execution of clinical development, clinical operations, and medical affairs projects and a member of the Integra Senior Management Leadership team as well as several of the company’s core teams for M&A projects. Prior to that role, Dr. Dispersyn was the Vice President, Product Development & Portfolio Management for Barrier Therapeutics, Inc, a pharmaceutical company focused on the development and commercialization of products in the field of dermatology. The company was a spinout of Johnson & Johnson and is currently part of GlaxoSmithKline. Dr. Dispersyn holds a DMSc (PhD in medical sciences) from the faculty of medicine at Maastricht University, Maastricht, the Netherlands, and a postgraduate degree in biomedical imaging, and a MSc in biochemistry, both from the University of Antwerp, Belgium.