FirstWave Bio – Terms and Conditions

These Online Terms of Use govern your access to web sites controlled by First Wave Bio, Inc., including its subsidiaries and affiliates (together referred to as “First Wave Bio” or “First Wave”), which link to these Online Terms of Use (together referred to as “First Wave Bio websites”). These Online Terms of Use do not apply to First Wave Bio websites that do not link to these Online Terms of Use, or to third-party websites to which First Wave Bio websites may link. Your use of First Wave Bio websites is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, First Wave reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If First Wave changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the First Wave Bio websites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the First Wave Bio websites. If you disagree with these Online Terms of Use, or are dissatisfied with the First Wave Bio websites, your sole and exclusive remedy is to discontinue using this First Wave website.

Disclaimers

You acknowledge and agree that:

Although we strive to provide on the First Wave Bio websites the latest developments relating to our products and services, and other information about First Wave, we do not warrant the accuracy, effectiveness, and suitability of any information contained in the First Wave Bio websites. Each person assumes full responsibility and all risks arising from use of the First Wave Bio websites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. First Wave reserves the right to make additions, deletions, or modifications to the information contained on the First Wave Bio websites at any time without any prior notification.

FIRST WAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE FIRST WAVE BIO WEBSITES. FIRST WAVE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL FIRST WAVE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE FIRST WAVE BIO WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON THE FIRST WAVE BIO WEBSITES, REGARDLESS OF WHETHER FIRST WAVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

First Wave Bio is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the First Wave Bio websites, First Wave will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the First Wave websites. Such information should, therefore, be considered as suspect and is not endorsed by First Wave Bio.

The First Wave Bio websites may contain forward-looking statements that reflect First Wave Bio’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. First Wave Bio intends to update the First Wave Bio websites on a regular basis but assumes no obligation to update any of the content.

Your Use

You understand, acknowledge, and agree to the following:

By using the First Wave Bio websites, you agree not to disrupt or intercept our electronic information posted on the First Wave Bio websites or on any of our servers. You also agree not to attempt to circumvent any security features of the First Wave Bio websites, and to abide by all applicable, local, state, federal and international laws, rules, and regulations.

You grant to First Wave Bio the right to use all content you upload or otherwise transmit to the First Wave Bio websites, subject to these Online Terms of Use and First Wave Bio’s Privacy Policy. in any manner First Wave Bio chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the First Wave Bio websites (if any).

Except as expressly stated and agreed upon in advance by First Wave Bio, no confidential relationship shall be established in the event that any user of the First Wave Bio websites should make any oral, written or electronic communication to First Wave Bio (such as feedback, questions, comments, suggestions, ideas, etc.). If any First Wave Bio websites require or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), First Wave Bio shall obtain, use, and maintain it in a manner consistent with our Privacy Policy.

Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and First Wave Bio shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to First Wave Bio is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.

Intellectual Property

The information, documents and related graphics published in the First Wave Bio websites (the “Information”) are the sole property of First Wave Bio, except for information provided by third-party providers under contract to First Wave Bio. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this First Wave Bio website are used separate from accompanying text. First Wave Bio is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of First Wave Bio. No use of any First Wave Bio trademark, trade names, trade dress, and pipeline information the First Wave Bio websites may be made without the prior written authorization of First Wave Bio, except to identify the pipeline or services of the company.

Privacy and Security

First Wave Bio is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the First Wave Bio websites. Our use of personally identifiable information is governed by our Privacy Policy. and by accessing and using the First Wave Bio websites, you agree to be bound by that Privacy Policy.

You recognize and agree that when submitting your personally identifiable information to the First Wave Bio websites, while First Wave Bio has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security.

IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, FIRST WAVE BIO SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF FIRST WAVE BIO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FIRST WAVE BIO DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

Limitation of Liability

First Wave Bio does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the First Wave Bio websites. Reliance on these materials, information, and opinions is solely at your own risk. First Wave Bio disclaims any liability for injury or damages resulting from the use of the First Wave Bio websites, or the content contained thereon.

THE FIRST WAVE BIO WEBSITES, THE SITE CONTENT, AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THE FIRST WAVE BIO WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL FIRST WAVE BIO OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “FIRST WAVE BIO PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE FIRST WAVE BIO WEBSITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE FIRST WAVE BIO WEBSITES, OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE FIRST WAVE BIO WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY FIRST WAVE BIO AND WHETHER OR NOT FIRST WAVE BIO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the First Wave Bio Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE FIRST WAVE BIO WEBSITES.

General

You agree that these Online Terms of Use and the Privacy Policy. describe the entire agreement between us with respect to its subject matter. The First Wave Bio websites were created and are operated under the laws of the State of Illinois. The laws of the State of Illinois will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the State of Illinois are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.

 

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