Melinta Therapeutics Terms of Use

NOTICE

Melinta Therapeutics (“Melinta” of the “Company”) provides the services available on our website at melinta.com and any of our other websites, mobile applications or other online services that link to these terms and conditions (collectively the “Website”) subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions, and that you have read and understood the terms and conditions of Melinta’s Privacy Policy.

Melinta reserves the right, in its sole discretion, to change the Terms and Conditions at anytime, as appropriate. As you are bound by any such revisions, you should, therefore, periodically visit this page to review the then-current conditions applicable to your use of this website. Your continued use of the Website following such changes shall be deemed your acceptance of the changes.

TERMS AND CONDITIONS
  1. INTENDED USE AND ACCURACY OF INFORMATION. The Website is for general informational purposes only. While care has been taken to confirm the accuracy of the information presented, the Company and its respective authors, editors, reviewers, and contributors are not responsible for errors or omissions or for any consequences from application of the information herein and make no warranty, expressed or implied, with respect to the currency, completeness, usefulness, or accuracy of the contents of the Website. We reserve the right to add, modify, correct or delete any information to or from the Website at any time without any notice. The Company makes no commitment, however, to update or correct such information.
  2. MEDICAL AND PRODUCT INFORMATION. The Website is not intended to diagnose, treat, mitigate, or prevent any disease. The Website is not to be used as a substitute for clinical judgment, advice, diagnosis or treatment of any health condition or problem. In using the Website, you agree that the Company is not, or will not be, liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of the Website. Health-related information changes frequently and therefore, the information contained on the Website may be outdated, incomplete, or incorrect. Applying this information in a particular situation remains the user’s responsibility. The information in this Website and the Website itself are intended to comply with the laws and regulations of the United States, and the Website and the information pertaining to Company products that appears on the Website is intended for use only by residents of the United States. The Company makes no representation that materials or Company product information contained in this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. Any portion of this Website is void where prohibited.
  3. CONSENT TO USE OF DATA. Please carefully read our Privacy Policy, which is incorporated into and made part of the Terms and Conditions, to learn how Melintacollects, uses, discloses and stores information provided. When you submit information to or through the Website, you consent to the collection, processing and retention of your information as described in the Privacy Policy.
  4. PROPRIETARY RIGHTS. Unless otherwise noted, you should assume that all contents of this Website are protected by applicable intellectual property and other laws, and acknowledge that the Company owns all right, title and interest in and to the Website, including without limitation all Intellectual Property Rights therein and thereto.“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereto, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (a) copy, sell, license, distribute, transfer, modify, adapt, transmit, reuse, repost, translate, prepare derivative works, or use the Website for public or commercial purposes without the Company’s express written permission, (b) remove, obscure, or alter the Company’s or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website, or (c) use the Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights. The trademarks and logos displayed on this Website are registered and unregistered trademarks of Company. You may view and copy materials on the public portions of the Website solely for non-commercial, personal, and informational use. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. Nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks or logos without Company’s express written permission.
  5. LINKS. This Website may contain links to other websites, including links to third-party websites. Inclusion of any link does not imply endorsement by the Company of a third-party website. The Company does not have any knowledge of the information contained in such other websites, nor does Company have any control over the content on such websites. The Company, therefore, does not take any responsibility whatsoever for the information contained on other websites. Linking to any other off-website pages or other websites is at your own risk.
  6. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend and hold Melinta, its respective officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or allegedly arising out of your use of the Website or any breach of this Agreement or violation of any rights of another.
  7. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MELINTA DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
  8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM MELINTA’S NEGLIGENCE AS DETERMINED BY A COURT OF LAW, THE COMPANY HEREBY EXCLUDES LIABILITY FOR ANY CLAIMS, LOSS, DEMANDS, OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, AND ANY INFORMATION, CONTENT, ADVERTISEMENTS, OR PRODUCTS PROVIDED OR DISTRIBUTED THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO THE COMPANY. THE FOREGOING WILL APPLY WHETHER SUCH CLAIMS, LOSS, OR DAMAGES ARISE IN TORT, CONTRACT, NEGLIGENCE, UNDER STATUTE, OR OTHERWISE. IF YOU ARE A CONSUMER YOUR STATUTORY RIGHTS, IF ANY, ARE NOT LIMITED.
  9. EXCLUSIONS AND LIMITATIONS. These Terms and Conditions are not intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. 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 of paragraphs 7 and 8 above may not apply to you and the Company’s liability will be limited to the maximum extent permitted by law.
  10. GENERAL. You agree to access and use the Website in accordance with all applicable laws andregulations, including, without limitation, state and federal laws and regulations. Youagree not to use the Website for any illegal or wrongful purposes.You acknowledge and agree that the Terms and Conditions constitute the complete and exclusive agreement between you and the Company concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. If you have any questions about the Terms and Conditions, please contact info@melinta.com.