TERMS AND CONDITIONS OF USE
No Offer of Securities – Disclosure of Interests
None of the information or materials contained on or accessible through this Website, including any information or materials accessible in any password protected areas, should be construed as providing any type of investment or other advice to you, nor should you consider such information or materials as a solicitation, recommendation, endorsement or offer to you to purchase or sell any securities or other instruments of Perceptive or any other issuer. Offers may only be made where lawful under applicable law. If you wish to obtain further details about any information contained on this Website, we suggest that you contact the Perceptive team at firstname.lastname@example.org.
Your Right to Use this Website and Its Contents
This Website is only for your personal use. The information and materials provided on this Website are solely for your use to assist you in evaluating the products and services offered by Perceptive and in the support and use of such products. Other uses are not permitted unless you receive Perceptive’s prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Perceptive grants you a non-exclusive, non-transferable, limited right to access and use this Website. Perceptive may revoke such right at any time.
You agree not to interrupt or attempt to interrupt the operation of this Website in any way. This Website is operated by, or on behalf of, Perceptive. Not all products and services (if any) listed on this Website are available in all jurisdictions. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Perceptive will fully cooperate with any law enforcement authorities or court order requesting or directing Perceptive to disclose the identity of anyone posting such materials.
Internet transmissions are never completely private or secure. You understand that any message or information you send through this Website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Perceptive does not cause Perceptive to have any special responsibility to you.
This Website may contain links to other Internet websites. Perceptive provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Perceptive approves of, endorses or recommends that website. Perceptive disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.
Perceptive’s Right to Change These Terms and Conditions of Use or Content on this Website
Perceptive may add to, change or remove any part of these Terms and Conditions of Use at any time without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Perceptive may add, change, discontinue, remove or suspend any other content posted on this Website, at any time, without notice and without liability.
Disclaimer of Warranties and Damages; Limitation of Liability
PERCEPTIVE IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO THE USE OF THIS WEBSITE.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, PERCEPTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PERCEPTIVE’S NEGLIGENCE, SHALL PERCEPTIVE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEBSITE, EVEN IF PERCEPTIVE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERCEPTIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
You are responsible for undertaking suitable precautions to scan for computer viruses and to maintain a back up of all data and/or equipment.
You agree to indemnify, defend and hold harmless Perceptive and its affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Website and/or (ii) any violation of these Terms and Conditions of Use. You agree that your obligation to indemnify shall survive beyond any term that these Terms and Conditions of Use are in effect.
These Terms and Conditions of Use and any additional terms posted on this Website together constitute the entire agreement between Perceptive and you with respect to your use and access of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of laws rules.