Last updated on March 9, 2016
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION V), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION VII), AS WELL AS INFORMATION ABOUT CERTAIN LimitationS ON YOUR ABILITY TO Bring A Claim AGAINST US (SECTION XV).
I. The Services Do Not Provide Medical Advice
The Services are designed to offer you general health information for educational and informational purposes only, and the Services are not intended to replace personal consultation with a qualified medical professional. Omeros is not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Your reliance upon any content or information provided through the Services is solely at your own risk. You should always seek the advice of a medical professional for questions related to your disease, disease symptoms, and treatment. You should not construe our publication of this content as an endorsement by Omeros of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
II. Restrictions on Use
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users’ computers or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
III. Intellectual Property
All content, information, materials, text, images, audio, video, computer code and software appearing on the Services (collectively, the “Content”) is the property of Omeros or third parties. No title or ownership rights are transferred to you under these Terms, and nothing herein shall be construed as a license to you under any Omeros patent, trademark, copyright, or trade secret. You may access, use and display the Services without modification or alteration in any way, and only so long as you comply with these Terms. You may access, use and display the Services on a single computer or device and download and print copies of the Content only for non-commercial, informational, and personal use.
- Trade and Service Marks. All rights in product names, the Omeros name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Omeros products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Omeros or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Omeros, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of Omeros, please contact email@example.com.
- Patents. Omeros’ products, product candidates, therapeutic methods and technologies described on our websites that provide the Services are protected by one or more of the following U.S. Patents owned by Omeros: U.S. Patent Nos. 6,228,639; 6,740,100; 6,969,601; 7,060,267; 7,067,144; 7,083,786; 7,091,181; 7,112,414; 7,268,128; 7,297,348; 7,309,576; 7,585,842; 7,737,118; 7,786,139; 7,794,955; 7,919,094; 7,932,250; 7,973,068; 8,003,125; 8,006,700; 8,173,707; 8,278,327; 8,298,777; 8,343,970; 8,377,930; 8,426,439; 8,450,309; 8,551,790; 8,586,633; 8,609,818; 8,637,528; 8,652,477; 8,679,845; 8,685,975; 8,785,717; 8,790,696; 8,795,973; 8,840,893; 8,901,315; 8,951,522; 8,993,719; 8,999,654; 9,005,905; 9,096,676; 9,011,860; 9,066,856; 9,102,643; 9,102,724; 9,119,822; 9,220,715; 9,254,271; 9,273,119; 9,278,101. Other U.S. and foreign patents owned or controlled by Omeros are issued or pending.
IV. User Submissions
V. Disclaimers of Warranties
Your use of the Services is at your own risk. The Services, including text, graphics, links, or other items, are provided “as is.” We make no representations or warranties about the operation of the Services or the information, materials, goods, or services appearing or offered on the Services. Without limiting the generality of the foregoing, we disclaim all warranties, express, statutory, or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement of any third party intellectual property or proprietary rights, freedom from computer virus, and any warranties relating to the accuracy, reliability, correctness, or completeness of the information made available on the Services. Further, we make no warranty that the Services will meet your needs or requirements or the needs or requirements of another person. Omeros does not warrant that the Services, Content, functions, or materials contained therein will be timely, secure, accurate, complete, up-to-date, free of viruses or errors, or uninterrupted.
If applicable law does not allow the exclusion of some or all of the above implied warranties, those exclusions will apply to you to the fullest extent permitted by applicable law.
Omeros’ websites through which the Services are provided contain forward-looking information about Omeros’ business, operations and financial condition. Words such as “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “seeks” and similar expressions that may be used on the Services are intended to identify forward-looking statements that are subject to various known and unknown risks and uncertainties beyond Omeros’ reasonable control. Such risks and uncertainties include, but are not limited to, those arising from research and development, clinical trials, regulatory approvals, third-party reimbursement, reliance on third-party manufacturers and suppliers, commercialization, competition, patents, product liability and adequate financing. Actual results may differ materially from the forward-looking information provided, and such forward-looking information is only current as of the time it was originally included on the Services. The information on the Services is not intended and should not be construed as an offer to sell securities.
VI. Links to other Sites
VII. Exclusive Remedy and Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL OMEROS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMEROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OMEROS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless, and defend Omeros, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Omeros. These obligations will survive any termination of these Terms.
X. Separate Terms and Conditions
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
XII. Integration & Severability
These Terms constitute the entire agreement between Omeros and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
XIII. No Waiver
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
XIV. Assignment and Binding Effects
You must not assign these Terms or any rights or obligations herein without the prior written consent of Omeros and any attempted assignment in contravention of this provision is null and void and of no force or effect. Omeros has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
XV. Location, Governing Law and Arbitration
Your access to and use of the Services under these Terms are governed by and will be construed in accordance with the laws of the State of Washington, as applicable, without regard to principles of conflicts of laws. By using the Services, you waive any claims that may arise under the laws of other countries or territories.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Omeros will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Omeros and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in King County, Washington, U.S.A. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Omeros may seek any interim or preliminary relief from a court of competent jurisdiction in King County, Washington, U.S.A, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
XVI. Contact Us
Please direct any questions, complaints or claims related to the Services or your use of the Services, or requests to use a copyrighted work or trade or service mark right to firstname.lastname@example.org.