Terms and Conditions of Use
Effective Date: September 10th, 2017
Intellectual Property Rights
This web site, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of ZATA Pharmaceuticals, Inc. (“ZATA” “Company”) and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All company and product names of other entities are the property of their respective owners.
Use of ZATA’s Web Site and Its Content
The Content contained throughout this web site is provided by ZATA for informational purposes only. Although ZATA will use reasonable efforts to include accurate and up-to-date Content on this web site, it makes no warranties or representations as to the accuracy, completeness or currency of any Content. In addition, ZATA cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. ZATA may alter or delete Content from this web site at any time.
ZATA 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.
Requests for permission to use Content other than described above should be made to firstname.lastname@example.org. Any rights not expressly granted herein are reserved. Please be advised that ZATA enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than ZATA 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 Content 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 ZATA or such third party that may own the trademark or copyright of material displayed on this web site.
About Your Privacy
THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS 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, ACCURACY OR NON-INFRINGEMENT, 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, ZATA DOES NOT WARRANT THAT: (i) THE CONTENT 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. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.
IT IS THE USER’S RESPONSIBILITY TO ASCERTAIN WHETHER ANY CONTENT DOWNLOADED FROM THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.
ALTHOUGH THE CONTENT OF THIS WEB SITE IS UPDATED PERIODICALLY, ZATA DOES NOT HAVE A DUTY TO UPDATE ANY SUCH CONTENT, AND ZATA WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH CONTENT. ZATA DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE CONTENT DISCLOSED OR ACCESSED THROUGH THIS WEB SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CONTENT CONTAINED IN THIS WEB SITE BEFORE RELYING UPON IT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ZATA NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, the “ZATA PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF ZATA AND/OR THE APPLICABLE ZATA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, CONTENT AND/OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.
Indemnity and Release
You agree to release, indemnify and hold the ZATA’s Parties harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the web site, any User Content, your violation of these Terms and Conditions of Use or your violation of any rights of another party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Links to Third-Party Web Sites
These Terms and Conditions apply only to www.zatapharmaceutical.com. This web site may contain links to non-ZATA web sites. These links are provided to you as a convenience, and ZATA is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from ZATA, and ZATA has no control over the content of that web site. In addition, a link to any non-ZATA web site does not imply that ZATA endorses or accepts any responsibility or assumes any liability for the content or use of such a web site. Your linking to any other web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.
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 ZATA of that third party or of any product or service provided by a third party.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No Content from this web site may be downloaded or otherwise exported in violation of United States law.
ZATA makes no representation that the Content on this web site is appropriate or available for use outside 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.
Enforcement of Terms and Conditions
You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boston, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. ZATA may, at its sole discretion and without notice, revise these Terms and Conditions at any time by updating this posting.
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 ZATA, as described above.
For Additional Information
If you have any questions about the rights and restrictions above, please contact ZATA: email@example.com
FORWARD-LOOKING STATEMENTS DISCLAIMER
This web site, and the documents contained in (or directly accessible from) this web site, include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our future expectations, plans, prospects and future operating results and any other statements containing the words “believes”, “expects”, “anticipates”, “plans”, “estimates” and similar expressions. There are a number of important factors that could cause ZATA’s actual results to differ materially from those indicated by such forward-looking statements, including our approach to discover and develop novel drugs, which is unproven and may never lead to marketable products; obtaining, maintaining and protecting intellectual property; our ability to enforce our patents against infringers and to defend our patent portfolio against challenges from third parties; our ability to obtain additional funding to support our business activities; our dependence on third parties for development, manufacture, marketing, sales and distribution of our products; the successful development of products, all of which are in early stages of development; obtaining regulatory approval for products; competition from others using technology similar to ours and others developing products for similar uses; our dependence on collaborators; and our short operating history; and other factors identified in the filings ZATA makes from time to time with the SEC. ZATA disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was first made.