Atengen, Inc.Terms of Use

Last Updated: October 14, 2019

Welcome to the Atengen, Inc., (“Atengen”) website located at http://www.atengen.com/ (the “Site”). Please read these Terms of Use (the “Terms”) carefully because they govern your use of our Site.

1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site. These Terms constitute the entire and exclusive understanding and agreement between Atengen and you regarding the Site and content contained on the Site.

2. Changes to Terms or Site. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications.

3. Non-Confidential Information. You agree that any information that you submit or communicate to Atengen will be treated by us as non-confidential and non-proprietary information. Atengen 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.

4. Website Content. The entire contents of this Site are subject to copyright protection, and owned by Atengen or its licensors. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any material on this Site for public or commercial use without prior written approval of Atengen. You may not “mirror” any material contained on this Site on any other server without prior written permission from Atengen. All rights not granted are reserved by Atengen.

5. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Atengen, 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.

Avastin® and Lucentis® are registered trademarks of Genentech, Inc. All third-party marks on the Site are the property of their respective owners. Reference to third-party marks does not imply a relationship of endorsement or otherwise.

6. Links to Third Party Websites or Resources. This Site may contain links or references to other websites maintained by third parties over whom Atengen has no control. Such links are provided solely as convenience to you. If you use these links, you will leave this Site. Similarly, this Site may be accessed from third party links over which Atengen has no control. Atengen makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information 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 Atengen.

7. Disclaimers. The Site and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty regarding and assume no responsibility for the quality, accuracy, currency, timeliness, truthfulness, completeness or reliability of any content. Content may become out of date and may include omissions or other errors. Atengen may change the information and content provided on the Site at any time without notice. Atengen provides the Site and content for informational purposes only. The Site and content are not a substitute for and do not contain or constitute, and should not be interpreted as, professional or medical advice, opinion, diagnosis or treatment of any kind. The content made available on or through the Site should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. For medical advice, you should consult a medical professional. Your use of the Site or any communication with Atengen does not create a doctor-patient relationship between you and Atengen. In addition, nothing contained in the Site shall be constructed as a promotion or solicitation of any product or medical device prohibited by United States laws.

8. Indemnity. You will indemnify and hold harmless Atengen and its officers, directors, employees and agents, suppliers and third party partners from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site or its content, or (ii) your violation of these Terms.

9. Limitation of Liability. In no event will Atengen or its suppliers or other third party partners be liable 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. 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. In no event will Atengen’s total liability arising out of or in connection with these terms or from the use of or inability to use the Site or content exceed one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Atengen and you.

10. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or content will be the state and federal courts located in the Northern District of California, and you and Atengen each waive any objection to jurisdiction and venue in such courts.

11. Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Atengen 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. Atengen reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or limit the quantities or any products or services we provide. Any offer for any product or services made on this Site is void where prohibited.