PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE.
Copyright and Trademark Information
Copyright © 2017-2019 Merrimack Pharmaceuticals, Inc. All rights reserved.
This web site (the “Site”), and the information that it contains, is the property of Merrimack Pharmaceuticals, Inc. (“Merrimack”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, the Merrimack logo is a trademark of Merrimack under the applicable laws of the United States and other countries. You agree to abide by all applicable copyright and trademark laws, as well as any additional copyright notices or restrictions contained on the Site. You acknowledge that the Site has been developed by Merrimack and others and constitutes valuable intellectual property of Merrimack and such others.
You may not use any of Merrimack’s copyrights, trademarks, service marks or logos in any manner that creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Merrimack’s consent. You acknowledge that you have no ownership rights in or to any of Merrimack’s copyrights, trademarks, service marks or logos.
All registered and unregistered trademarks, including product names, are the property of their respective owners.
Use of Merrimack Web Site and Its Content
The Site is designed to provide general information about Merrimack, its products and its product candidates. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. Any product information provided on the Site is intended only for residents in the United States, and any prescribing information is based on United States labeling. The information on the Site is believed to be complete and reliable; however, the information may contain inaccuracies, omissions or typographical errors. Merrimack expressly disclaims any obligation or duty to update or correct information contained on the Site. The information on the Site shall not constitute the rendering of legal, medical, accounting, tax, career or other professional advice or services by Merrimack or the various authors providing such information. As such, the information on the Site should not be relied upon or used as a substitute for consultation with professional advisors. It is your responsibility to verify any information contained on the Site before relying upon it. Merrimack shall not be held responsible for any act or omission that is based in whole or in part on the information contained on the Site.
Merrimack may suspend or discontinue the Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Merrimack reserves the right to make changes to document names and content, specifications or other information on the Site without obligation to notify any person of such changes.
You may not access, monitor or copy any content or information on the Site using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that Merrimack authorizes you to view, copy, download and print Merrimack documents (such as white papers, press releases, data sheets and FAQs) that are available on the Site, subject to the following conditions:
- The documents may be used solely for noncommercial, informational purposes;
- The documents may not be modified; and
- Copyright, trademark and other proprietary notices may not be removed.
You acquire absolutely no rights or licenses in or to the Site or materials contained on the Site, other than the limited right for you to access and use the Site in accordance with these Terms and Conditions of Use and in accordance with all applicable laws and regulations. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Site or any documents displayed on the Site, through the use of framing or otherwise, except (1) as expressly permitted by these Terms and Conditions of Use or (2) with the prior written permission of Merrimack or such third party that may own the trademark or copyright of material displayed on the Site.
You represent, warrant and covenant that you shall use the Site only as set forth in these Terms and Conditions of Use. You agree to comply with any other applicable terms and conditions of use set forth on the Site. You may not violate the security of the Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify Merrimack and destroy all copies of such information in your possession.
Availability of Products Mentioned
Information that Merrimack publishes on the Site may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Merrimack intends to announce or make available such products or services to the general public or in your country.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION AND DOCUMENTS PROVIDED ON THE SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, MERRIMACK DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Descriptions and specifications are subject to change. Merrimack periodically adds or updates the information and documents on the Site without notice.
It is the user’s responsibility to ascertain whether any information accessed or downloaded from the Site is free of viruses, worms, Trojan horses or other items of a potentially destructive nature.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MERRIMACK BE RESPONSIBLE OR LIABLE FOR (1) ANY INJURY OR DAMAGES CAUSED BY THE NEGLIGENCE OF MERRIMACK IN CONNECTION WITH THE SITE, (2) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF MERRIMACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (3) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE OF THE SITE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SITE ON SUCH EQUIPMENT. MERRIMACK’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO $10.
You agree, at your own expense, to indemnify, defend and hold Merrimack and its partners, representatives and affiliates harmless against any and all claims, proceedings, demands, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with the Site, or any links on the Site, including, without limitation: (1) any breach or violation of these Terms and Conditions of Use by you or someone using your computer; (2) your use or someone using your computer’s use of the Site; (3) a claim that any use of the Site by you or someone using your computer infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; or (4) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer. You agree to pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Links to Third-Party Web Sites
The Site may contain links to non-Merrimack web sites. These links are provided to you solely as a convenience. Any outside web site accessed from the Site is independent from Merrimack, and Merrimack has no control over or responsibility for the content or accuracy of that web site. In addition, a link to any non-Merrimack web site does not imply that Merrimack endorses or accepts any responsibility for the content or use of such web site.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Merrimack of that third party or of any product or service provided by a third party, including the opinions or predictions of financial analysts regarding Merrimack or its securities.
Linking to the Site
Unless otherwise set forth in a written agreement between you and Merrimack, you must adhere to Merrimack’s linking policy as follows: (1) any link to the Site must be a text only link clearly marked “Merrimack Web Site;” (2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Merrimack’s name and trademarks; (3) the link must “point” to www.merrimack.com and not to other pages within the Site; (4) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with or associated with Merrimack; (5) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site; and (6) Merrimack reserves the right to revoke its consent to the link at any time and in its sole discretion.
Stock Price Disclaimer
The stock price performance shown on stock quotes available on or through the Site are not necessarily indicative of future price performance. All content is for informational purposes only and no content (including, without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. Merrimack will not be responsible for any trading or investment decisions made based on such content. Neither the Site nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of Merrimack.
The Site may include forward looking statements that involve substantial risks and uncertainties concerning Merrimack’s operations, prospects, strategies, financial condition, future economic performance, conduct or results of ongoing, planned or potential clinical trials, the regulatory approval or non-approval of Merrimack’s products and demand for Merrimack’s products or services, as well as its intentions, plans and objectives that are beyond its control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond Merrimack’s control. When used on the Site, words like “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “target,” “potential,” “will,” “would,” “could,” “should,” “continue” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Such forward-looking statements involve substantial risks and uncertainties that could cause results to differ significantly from those expressed or implied by the forward-looking statements. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Merrimack’s securities filings or documents. Merrimack undertakes no obligation to update or revise any forward-looking statements. Merrimack wishes to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with the factors described in Merrimack’s filings with the Securities and Exchange Commission.
Merrimack makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No content from the Site may be downloaded or otherwise exported in violation of United States law.
Submissions to Merrimack and Affiliated Servers
You agree that by submitting content:
- that, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
- you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; and
- you understand and agree that such content that is submitted will be deemed non-confidential.
Enforcement of Terms and Conditions
Merrimack reserves the right to suspend or terminate your use of the Site at any time and without notice to you if you violate these Terms and Conditions of Use, any applicable law or otherwise use the Site improperly.
These Terms and Conditions of Use are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, U.S.A, notwithstanding any principles of conflict of laws.
All disputes arising out of or relating to these Terms and Conditions of Use shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Merrimack shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of Merrimack to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. Merrimack may, in its sole discretion and without notice, revise these Terms and Conditions of Use at any time by updating this posting. You are bound by any such revisions and should periodically review these Terms and Conditions. Your continued use of the Site constitutes your agreement to all such terms and conditions.
These Terms and Conditions of Use are the entire agreement between you and Merrimack relating to the subject matter herein and shall not be modified except in writing signed by both you and Merrimack or by a new posting by Merrimack, as described above.
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