Your use of, and participation in, certain services provided by the Company may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be presented to you for your acceptance when you sign up to use the supplemental service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service.
1.0 ACCESS TO AND USE OF THE SITES
1.1 Access and Use
Subject to these Terms, GBT grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Sites solely for your own personal, noncommercial use and internal business purposes. The information provided on the Sites is for general information and educational purposes and is subject to these Terms. Company may at any time revise or modify these Terms, impose new conditions for use of the Sites, or restrict access to some parts of the Sites. Such changes, revisions or modifications shall be effective fifteen (15) days after posting notice of such changes on the Sites. Any use by you of the Sites after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. Certain sections of the Sites are intended for particular audiences including customers, prospective employees and stockholders, as well as members of the health care community and the general public.
1.2 Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites, whether in whole or in part, or any content displayed on the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Sites (except that we grant the operators or public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Sites (or on any content displayed on the Sites) must be retained on all copies thereof.
1.3 Not Intended as Medical Advice
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND NOR IS IT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. INFORMATION ON THE SITES IS NOT INTENDED TO PROVIDE INSTRUCTION ON THE APPROPRIATE USE OF ANY PRODUCT PRODUCED OR SUPPLIED BY GBT, ITS AFFILIATES, ITS RELATED COMPANY, OR ITS LICENSORS. INFORMATION ON THE SITES REGARDING ANY PRODUCTS APPROVED FOR MARKETING IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO ANY APPLICABLE FULL PRESCRIBING INFORMATION FOR THE SPECIFIC PRODUCTS. PRODUCT INFORMATION MAY VARY BY COUNTRY. USERS OF THE SITES SHOULD BE AWARE THAT ANY PRODUCT CANDIDATES UNDER DEVELOPMENT THAT HAVE NOT BEEN APPROVED HAVE NOT BEEN FOUND SAFE OR EFFECTIVE BY ANY REGULATORY AGENCY AND ARE NOT APPROVED FOR ANY USE OUTSIDE OF CLINICAL TRIALS. THE INFORMATION PRESENTED ON THE SITES SHOULD NOT BE INTERPRETED OR CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SITES. UNDER NO CIRCUMSTANCES SHOULD YOU ALTER YOUR EXISTING MEDICAL TREATMENT, MEDICATION REGIMEN, OR ANY OTHER RELATED HEALTHCARE ACTIVITIES BASED ON ANY INFORMATION PROVIDED ON THE SITES. IT IS IMPORTANT FOR YOU TO DISCUSS YOUR TREATMENT OPTIONS, AND ANY QUESTIONS THAT YOU MAY HAVE, WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER.
WHILE GBT ENDEAVORS TO KEEP THE MATERIALS ON THE SITES CURRENT, HEALTHCARE INFORMATION CHANGES RAPIDLY AND, THUS, THE MATERIALS ON THE SITES SHOULD NOT BE RELIED UPON TO BE FULLY COMPREHENSIVE OR ERROR FREE. GBT DOES NOT RECOMMEND, ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, EFFICACY OR NON-INFRINGEMENT OF ANY OF THE PROGRAMS, MATERIALS, PRODUCTS OR OTHER INFORMATION PROVIDED ON THE SITES OR BY THE COMPANIES OR ORGANIZATIONS LINKED OR REFERRED TO ON THE SITES. GBT DOES NOT ADVOCATE THAT YOU ATTEMPT TO TREAT YOURSELF, YOUR FAMILY OR SOMEONE YOU KNOW WITHOUT PROPER MEDICAL SUPERVISION. GBT ENCOURAGES YOU TO SEEK THE GUIDANCE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU FEEL THAT YOU, YOUR FAMILY OR SOMEONE THAT YOU KNOW SUFFERS FROM THE CONDITIONS DESCRIBED ON THE SITES. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
1.4 News and Press Releases
The Sites may contain information, news, press releases and/or other postings. GBT will use reasonable care to ensure that such information, news, press releases or other postings are accurate at the earlier of the time they are added to the Sites or otherwise released. Please note, however, that GBT cannot guarantee that any information posted on the Sites is accurate, and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information. Specifically, GBT does not update press releases once they have been made public.
GBT reserves the right, at any time, to modify, suspend, or discontinue the Sites (in whole or in part) with or without notice to you. You agree that GBT will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof.
1.6 No Support or Maintenance
You acknowledge and agree that GBT will have no obligation to provide you with any support or maintenance in connection with the Sites.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Sites and its content are owned by GBT or any of GBT’s suppliers or other vendors or agents. Neither these Terms (nor your access to the Sites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. GBT and its suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection
2.0 SECURITIES LAWS
Certain statements in the Sites are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our research, development and commercialization, potential benefits of any drugs or drug candidates, prospects, strategies, intentions, plans, objectives, and other statements containing the words “anticipate,” “planned,” “believe,” “forecast,” “estimated,” “expected,” and “intend,” among others. These forward-looking statements are based on our current expectations and actual results could differ materially. Statements in the Sites may include statements that are not historical facts and are considered forward-looking within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements contained in Section 27A of the Securities Act and Section 21E of the Securities Exchange Act and we make this statement for purposes of complying with those safe harbor provisions. These forward-looking statements reflect our current plans, intentions, expectations, strategies and prospects only as of the time the forward-looking statement is released or as of the dates indicated in the forward-looking statement, and they are based on the information then available to us and on assumptions we have made. We can give no assurance that the plans, intentions, expectations or strategies will be attained or achieved, and furthermore, actual results may differ materially from those described in the forward-looking statements and will be affected by a variety of risks and factors that are beyond our control, including, without limitation, those risks set forth in our U.S. Securities and Exchange Commission filings and reports (Commission File No. 001-37539), including our most recent Annual Report on Form 10-K or Quarterly Report on Form 10-Q, as well as discussions of potential risks, uncertainties and other important factors in our subsequent filings with the U.S. Securities and Exchange Commission. Except as required by law, we assume no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise. In addition, the Sites and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. Finally, none of the information contained in the Sites is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of Company or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as provided 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.
Framing of the Sites by sites or site elements of parties not part of Company is not permitted.
You agree to indemnify and hold GBT and its affiliated subsidiaries (and their officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites, (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. GBT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GBT. GBT will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.0 THIRD-PARTY LINKS, APPLICATIONS & ADS; OTHER USERS
5.1 Third-Party Links, Applications & Ads
The Sites may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of GBT, and GBT is not responsible for any Third-Party Links, Applications & Ads. GBT provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
You hereby release and forever discharge the GBT and its affiliated subsidiaries (and their officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Sites (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND GBT (AND OUR SUPPLIERS, VENDORS AND AGENTS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR CONTENT MADE AVAILABLE ON THE SITES OR OTHERWISE BY GBT, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED VIA THE SITES OR AVAILABLE THROUGH THE SITES WILL BE ACCURATE, RELIABLE, CORRECT, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GBT OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.0 LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GBT (OR OUR AFFILIATED SUBSIDIARIES OR SUPPLIERS, VENDORS OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITES, EVEN IF GBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8.0 TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Sites will terminate immediately. GBT will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.8, 2-8.
GBT is located at the address in Section 9.5. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
9.2 Electronic Communications
The communications between you and GBT use electronic means, whether you use the Sites or send us emails, or whether GBT posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GBT in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GBT provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.3 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GBT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GBT may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.4 Copyright/Trademark Information
Copyright © 2020, Global Blood Therapeutics, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.5 Contact Information
Global Blood Therapeutics, Inc.
181 Oyster Point Boulevard
South San Francisco, CA 94080
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
Last revised on: March 31, 2020