Terms and Conditions
This website is owned and operated by InterMune, Inc. (“InterMune”). Please carefully read these Terms and Conditions that apply to your access to and use of this website (“Site”). By accessing or using this Site, you agree to be bound by these Terms and Conditions.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE ACCESS TO AND USE OF THE SITE.
We reserve the right to revise these Terms and Conditions at any time and in any way without notice by updating this posting. Your use of this Site is subject to any such revisions, and you should periodically visit this page to review the current Terms and Conditions that apply to your use of this Site. Your continued use of the Site constitutes your acceptance of any changes to the Terms and Conditions.
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice from InterMune. As a condition of your access to and use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
3. No Professional Advice
The information presented on our Site is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of any health care decision. This information is not intended to replace informed medical advice from your qualified healthcare provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any health care product.
4. Forward-Looking Statements
This Site may contain certain forward-looking statements about InterMune's financial and operating performance, business plans and prospects, in-line products, and products in development, that involve significant risks and uncertainties. You can identify forward-looking statements by the fact that they contain words such as “anticipate,” “believe,” “estimate,” “expect,” “potential,” “intend,” “project,” or other terms of similar meaning. These statements reflect beliefs of management that were current at the time they were made and were based on numerous assumptions that InterMune cannot control and that may not develop as InterMune expects. Factors that could cause or contribute to such differences include, among other things: development of our products and product candidates; government regulation and approval of our products and product candidates; manufacturing and our dependence on third parties; intellectual property rights; financial results and other risks related to our business; common stock; and outstanding convertible notes. A description of these and other risks can be found under the heading "Risk Factors" in InterMune's most recent Form 10-K and other periodic filings (i.e., 8-K and 10-Q) filed with the Securities and Exchange Commission. Except as required by law, InterMune assumes no responsibility to update any forward-looking statements as a result of new information or future developments.
NOTHING ON THIS SITE CONSTITUTES OR IS INTENDED TO CONSTITUTE AN INVITATION OR OFFER TO INVEST OR DEAL IN THE SECURITIES OF INTERMUNE.
5. Your License to Use the Site
All content of this Site is protected by intellectual property laws. We grant you a limited, non-exclusive, revocable license to display, copy, distribute, print, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. Except as otherwise expressly prohibited by the terms of this site, you may not, however, copy, modify, reproduce, display, upload, download, post, transmit, republish or distribute any of the content, including without limitation the HTML or other software instructional code, contained on this Site without our prior written permission
6. Prohibited Conduct
By using this Site, you agree not to:
- delete or revise any material or other information of any other user or of the Site;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers;
- attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- solicit users of the Site to join outside sites or online sites or online services or organizations other than through official, approved advertisements;
- engage in any other conduct that restricts or inhibits another person from using or enjoying the Site, or which, in our judgment, exposes InterMune or any of our users, customers, or suppliers to any liability or detriment of any type; or
- take any action that could endanger or cause damage to use, other users of the Site, or other third parties.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- attempting to interfere with service to any user, host, or network.
7. Disclaimer of Warranties
THE CONTENT ON THIS SITE IS PROVIDED "AS IS." INTERMUNE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITE, LINKED WEBSITES, MATERIALS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. INTERMUNE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTERMUNE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE SITE, LINKED WEBSITES, MATERIALS, OR OTHER CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY INTERMUNE; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE OR OTHER ACTS OR OMISSIONS BY INTERMUNE OR ANY THIRD PARTY. IN ADDITION, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THERE IS ALSO NO WARRANTY THAT THE FUNCTIONS OR MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify, defend and hold harmless the InterMune and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising from or in connection with your use of the Site or our products or services or any violation or alleged violation by you of these Terms and Conditions or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of InterMune without the InterMune's prior written approval.
9. Limitation of Liability
YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT INTERMUNE, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE, REGARDLESS OF WHETHER INTERMUNE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY SUCH PARTY IS ALLEGED TO HAVE ACTED IN A NEGLIGENT MANNER. YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST INTERMUNE, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS AND CONDITIONS OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THESE TERMS AND CONDITIONS IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO INTERMUNE.
10. Choice of Law and Forum
These Terms and Conditions shall be governed by the laws of the United States and the State of California, without regard to choice of law rules. You agree that any claim or dispute against InterMune arising out of or relating to the use of this Site must be resolved by a federal or state court in or for San Mateo County, California unless InterMune agrees to suit in another location.
11. Severability and Integration
Unless otherwise specified, these Terms and Conditions constitute the entire agreement between you and InterMune and governs your use of the Site, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and InterMune. If any portion of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
12. No Waiver
InterMune's failure to enforce any provision(s) of these Terms and Conditions or to respond to a breach by any party shall in no way waive its right to subsequently enforce these Terms and Conditions or respond to any breaches.
InterMune may terminate these Terms and Conditions and/or suspend or terminate your access to the Site for any reason at any time by providing notice to you. If you wish to terminate these Terms and Conditions and/or discontinue your access to the Site, you must discontinue use of the Site and its content and notify us by sending an email to firstname.lastname@example.org. Sections 4 and 7 through 13 of the Terms and Conditions shall survive any termination of your access to the Site or these Terms and Conditions.
If you have any questions about these Terms and Conditions, please send an email to email@example.com
Last updated March 2013.