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1. Binding Agreement
2. No Medical Advice
The information, files, documents, text, photographs, images, audio, and any materials accessed through or made available for use or download through this Site (“Content”), including, without limitation, any information about diseases, conditions, treatments, or medicines, is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice or treatment given by a physician or other medical professional. Nothing on this Site should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. The information provided on this Site should not be relied upon as the basis of any health-care decision. We do not monitor or authenticate the information contained on this Site for accuracy, safety, or reliability. Inclusion of Content on this Site does not mean that Insmed supports or recommends a specific treatment, drug, physician, test, or other information on this Site. Any reliance on such Content is solely at your own risk.
If you are a doctor or other qualified health care professional, you should not offer any medical advice or treatment on this Site, nor should you allow the content of this Site to substitute for your own medical judgment, which you should exercise in evaluating the information on this Site. Please thoroughly review the information provided this Site before deciding whether any of the products, services or treatments mentioned are right for you or others.
3. Your Obligations
You are not obligated to register with us in order to access this Site. However, from time to time we may offer certain features and services for which registration is necessary. If You elect to register, You agree to provide and update true, current and complete information about yourself and, if applicable, your employer, institution or other entity on whose behalf You are accessing such features or services.
In using this Site, you agree not to:
- Misrepresent your identity or affiliation in any way or submit false, inaccurate or misleading information;
- Send or otherwise transmit unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, obscene or otherwise objectionable material of any kind, or any material that can cause harm or delay to this Site or computers of any kind;
- Send or otherwise transmit email chain letters, unsolicited messages, or “spamming” or “phishing” messages;
- Send or otherwise transmit unauthorized advertising, solicitation or promotional materials;
- Send or otherwise transmit materials that infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party;
- Use this Site to disclose or obtain another’s personal information, or collect information about other users;
- Gain unauthorized access to this Site, or assist others to gain unauthorized access;
- Interfere with or disrupt any of this Site or any software, hardware, telecommunications equipment or networks used by us;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser except for inclusion of this Site in a search index;
- Transmit or otherwise make available any virus, worm, adware, spyware or any other harmful computer code, file or program, including any that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Assist anyone engaging in any of the activities described above.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any website or any activity being conducted on any website.
4. License Grant
5. Intellectual Property Rights
All materials contained on this Site are protected by law, including but not limited to United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with this Site are Copyright © 2018 Insmed Incorporated or its licensors, all rights reserved. Insmed also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. The Insmed name and logo, whether or not appearing with a trademark symbol, are trademarks of Insmed Incorporated and the goodwill associated with such trademarks remains with Insmed. You must abide by all rights notices, information, or restrictions contained in or attached to any of our Content and must not remove any trademark, copyright, or other notice from this Site or any of our Content. Unauthorized use of any material or trademarks contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes and other laws and regulations. Please be aware that Insmed actively and aggressively enforces its intellectual property rights to the fullest extent of the law.The technology and software underlying this Site is our property (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Insmed.
6. Copyright Owners’ Rights Under the Digital Millennium Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by Insmed infringe your copyright, You (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for this Site should be sent to General Counsel, Insmed Incorporated, 10 Finderne Avenue, Building 10, Bridgewater, NJ 08807.
THIS SITE AND THE CONTENT AND THE EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, INSMED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INSMED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT AND EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE IS AT YOUR SOLE RISK. INSMED MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE OR THE EMAIL ALERT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. INSMED DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. FURTHER, INSMED EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND MAY CEASE THE EMAIL ALERT SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THIS SITE OR THE EMAIL ALERT SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
WE SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THIS SITE AND THE EMAIL ALERT SERVICE. YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THIS SITE AND THE EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL INSMED OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (“COLLECTIVELY, THE “INSMED PARTIES”), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING LOSS OF PROFITS), PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXISTENCE, ACCESS OR USE OF THIS SITE OR THE EMAIL ALERT SERVICE, REGARDLESS OF WHETHER ANY OF THE INSMED PARTIES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY INSMED PARTY BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED USD 100.00 (ONE HUNDRED U.S. DOLLARS) IN THE AGGREGATE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of Applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the Insmed Parties will be the minimum permitted under such Applicable Law.
9. Indemnification and Release
10. We Are Not Providing Investment Advice or Soliciting Offers
Nothing in this Site constitutes investment advice, including our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other Site content are not offers to sell or solicitations of an offer to buy any security. There are no guarantees about the future performance of the stock market or our stock. Before You invest in any security, You are urged to consult with a qualified financial advisor.
11. Third-Party Content; Links to Other Websites
Under no circumstances will we be liable in any way for any content or materials of any third parties whether included on any of this Site or made available through links, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content (collectively, “Third Party Content”). This Site may link You to other websites that are not owned or controlled by Insmed. The fact that we provide a link to a third-party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third-party website’s owners or sponsors. These links are provided for your convenience only. Insmed expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and /or the collection and use of personally identifiable information by these third-party sites. Your use of such third-party sites is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such third-party sites. If You choose to follow a hyperlink to another website, You do so at your own risk. We reserve the right to terminate a link to a third-party website at any time. If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to this Site. Insmed expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and /or the collection and use of personally identifiable information by these third-party sites.
12. Forward-Looking Statements
This Site contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. All statements contained on this Site that are not historical facts are hereby identified as forward-looking statements for this purpose and include, among others, statements relating to our financial position, projected year end cash and cash runway, the status and the results of preclinical studies and clinical trials and preclinical and clinical data described herein, the timing of responses to information and data requests from FDA, the development of our products, our estimates of the size of the potential markets for our product candidates, and the business strategies, evaluations, plans and objectives of management, constitute forward-looking statements which involve risks and uncertainties that could cause actual results to differ materially from those anticipated by the forward-looking statements. Our results may be affected by such factors as the receipt and timing of FDA and other regulatory reviews and approvals, if at all, competitive developments affecting our product development, delays in product development or clinical trials, and patent disputes involving currently developing products. Forward-looking statements are based upon our current expectations and beliefs and are subject to risks and uncertainties that could cause actual results to differ materially and adversely from those expressed or implied by such statements. Factors that could cause or contribute to such differences include, but are not limited to, general financial, economic, regulatory and political conditions affecting the biotechnology and pharmaceutical industries as well as those more specific risks and uncertainties discussed under the caption “Risk Factors” and elsewhere in our reports on Form 10-K, Form 10-Q and Form 8-K filed with the U.S. Securities and Exchange Commission (“SEC”). We urge you to carefully review and consider the disclosures found in these SEC filings, all of which are available in the “Investor Relations — SEC Filings” section of this Site. In light of the significant uncertainties in forward-looking statements, You should not regard such statements as a representation or warranty that we will achieve our objectives and plans in any specified timeframe, and You should not place undue reliance on any forward-looking statements. While we may update certain forward-looking statements from time to time, we specifically disclaim any obligation to do so, whether as a result of new information, future developments or otherwise.
15. Refusal of Service; Termination; Survival
16. Governing Law and Dispute Resolution
17. Electronic Communications Notice
When You use this Site, the E-mail Alert Service, or send emails to us, You are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with You by email or posting notices on the applicable website. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, You must have a computer or other Internet-enabled device. In order to retain copies of any such communications, You must have a printer or data storage device. If You have a printer, You may print paper copies of any such communications for your own use. If You wish to withdraw your consent for us to communicate with You electronically, You may not use this Site or the E-mail Alert Service.
18. Mobile Website
This Site may include certain services that are available via a mobile device, including (i) the ability to upload content to this Site via a mobile device and (ii) the ability to browse this Site from a mobile device (collectively, the “Mobile website”). To the extent You access this Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Mobile website may be prohibited or restricted by your carrier, and not all aspects of the Mobile website may work with all carriers or devices. By using the Mobile website, You agree that we may communicate with You regarding Insmed by electronic means and that certain information about your usage of the Mobile website may be communicated to us.