YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Frontier Therapeutics, LLC (“FT”) may revise these Terms at any time by posting new Terms to this Site.

By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect. The failure of FT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Some Definitions

Following are some definitions that explain some of the terminology used in these Terms.

  • The words “You” and “Your” refer to corporations or other business entities, and their agents, and to individuals using this Site for personal business, respectively and as applicable.
  • “FT” refers to Frontier Therapeutics, LLC and to each of its subsidiaries and affiliates.
  • “We,” “Our” and other first person pronouns refer to FT.
  • “Site” means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by FT.

Compliance with Local Law

FT operates from its headquarters in Seattle, Washington, USA. However, this Site may be operated from its headquarters, from any of FT’s divisions and affiliates located around the world, or hosted on our behalf by any third party.

FT makes no representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be viewed. Access to this Site from countries where its contents are illegal is prohibited. Those who choose to access this Site from such locations do so on their own initiative and are responsible for compliance with applicable local laws.

Your Use of Copyrighted Material on this Site

The copyright in all material provided on this Site by FT is held by FT or by the original creator of the material.

FT grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FT or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site.

The foregoing limitation does not apply to Material Safety Data Sheets (MSDS) or to product labels which may be furnished on the Site and which are intended for reproduction and use.

Confidential or Proprietary Information

FT strives to provide the public broad access to information about its products and services. In doing so, it is not FT’s intention to waive any intellectual property rights it may have in information on this website under applicable laws. FT has policies and procedures in place that are designed to prevent the disclosure on this website of information that FT considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this website that may be disclosed inadvertently by FT, you agree to act in good faith to recognize and respect the confidentiality of the information and you agree not to make use of or disclose any confidential or trade secret information you may obtain from this website to anyone else and to destroy any copies of the information, in any form, in your possession.

FT reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other content contained on the Site, or terminate your Password and Username and your use of the Site, for any reason or no reason.

Transactions

For any FT Site that permits you to place orders or otherwise effect transactions with FT, additional terms and conditions may be applicable to that transaction and, if so, those terms will be displayed on the web pages which enable to you to conduct such business.

The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with FT, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.

By entering into a transaction with FT through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of FT and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any

Trademark displayed on the Site, without the written permission of the Trademark owner. Except as expressly indicated on the Site, the name of Frontier Therapeutics or the FT logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from FT.

Linking To and From This Site

Anyone linking to the Site must comply with all applicable laws. A site that links to FT’s Site:

(a) may link to, but not replicate, content on this Site;

(b) may not create a browser or border environment around content on this Site;

(c) may not imply that FT is endorsing it or its products;

(d) may not misrepresent its relationship with FT;

(e) may not present false information about FT’s products or services;

(f) may not use FT’s Trademarks without express written permission; and

(g) may not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.

FT does not control and is not responsible for the content of any third-party (non-FT) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. FT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FT of the Site.

Disclaimer Of Warranties

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, FT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.

PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, FT DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, FT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.

CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF FT.

The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls

FT’s liability for such product.

Limitation Of FT’s Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FT OR A FT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF

EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Your indemnification Obligation

You agree to defend, indemnify and hold harmless FT, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys’ fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.

Disclaimer For Forward-Looking Statements

Certain statements contained on this Site are “forward-looking statements,” such as statements concerning the company’s anticipated financial results, current and future product performance, regulatory approvals, business and financial plans and other non-historical facts. These statements are based on current expectations and currently available information. However, since these statements are based on factors that involve risks and uncertainties, the company’s actual performance and results may differ materially from those described or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, among others: competition; contingencies related to intellectual property protection, regulatory matters, and public acceptance of biotechnology products; research and development success; litigation; developments related to foreign operations; acquisitions; commodity prices; regulations affecting manufacturing; inventory levels; the company’s ability to obtain financing and payment for the products that it sells; weather, natural disasters and accidents; and other risks and factors detailed in the company’s most recent periodic filing with the SEC. Undue reliance should not be placed on these forward-looking statements, which are current only as of the date of their posting to this Site. FT disclaims any current intention or obligation to update any forward-looking statements or any of the factors that may affect actual results.

Advertisements that May Appear on the Site

If any advertisement for a product or service provided by anyone other than FT appears on this Site, FT does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

When Visitors May Post to a FT Site

If this Site permits you to post or upload comments or any other content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.

You understand that all information, content, text, data, messages or other materials, whether posted to the Site or privately transmitted (“Material”) are the responsibility of the person from which the Material originated.

You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others.

You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.

FT does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. FT will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.

While FT does not and cannot review every communication or information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, FT reserves the right to delete, move, or edit Material that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You agree to use the Site in a proper manner and agree that by using the Site you will not:

  • upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening or otherwise objectionable material;
  • upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
  • transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • post material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
  • transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation; and
  • distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

You acknowledge and agree that FT may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of FT, its customers and/or Visitors of the Site.

FT’s Rights in Materials Submitted To The Site

Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. You automatically grant, or warrant, that the owner of the Material has granted FT and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner’s name in connection therewith. You warrant that you have the rights necessary to grant the licenses described in these Terms.

Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FT respects the intellectual property of others, and we ask our visitors to do the same. FT will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, FT will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide FT the following information. Please be advised that to be effective, notification must include ALL of the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
  4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit FT to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be submitted to the “contact” tab on this website, and directed to “Attention: Legal Counsel.”