TERMS OF USE

 

The following Terms of Use govern and apply to your use and/or reliance upon this and any website maintained AnHeart Therapeutics (Hanghzou) Co., Ltd. and its subsidiaries including AnHeart Therapeutics, Inc. (“AnHeart”, “AnHeart Therapeutics”, “we”, “us’ or “our”), including but not limited to, those applicable to any website maintained by AnHeart Therapeutics and any of AnHeart Therapeutics’ social media offerings (together, “Website”). Access and use of the Website are subject to the terms and conditions set forth herein and all applicable laws, statutes, and regulations. AnHeart Therapeutics may revise these Terms of Use from time to time without further notice by updating this posting. Your access or use of the Website indicates your acceptance of these terms.

Your access to and use of the Website is also subject to the AnHeart Therapeutics’ Privacy Policy, the terms and conditions of which are incorporated herein by reference.   If you do not agree to these terms please exit from this website immediately.

When we use the term “Services” we mean to refer collectively to: the websites agios.com and any other websites or mobile applications that we own and operate that link to or expressly adopt this Privacy Notice; prospective research and employee application processes; and Our marketing and business development activities, including events we host (such as webinars), social media properties we create, and emails that we send.

1. Appropriate and Lawful Use of the Website

Before using this website www.anhearttherapeutics.com (“Website”) or Services provided by AnHeart Therapeutics, you must review and accept the following terms and conditions (“Agreement”).  The Agreement defines your rights and responsibilities as a user (“User”) of this Website or our Services.  Registration as a user of or a subscriber to this Website or our Services may result in your Personal Information being requested, stored and/or processed according to our Privacy Policy. If you don’t agree with any of these terms, or if you have any objections to our Privacy Policy you must not use this Website or our Services. 

2. Privacy Policy

By accessing this website in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this site.

3. AnHeart Content 

We or our licensors or partners own the intellectual property rights in the content and materials displayed on this website. You may use this site (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to this site, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

4. AnHeart Trademarks and Copyrights

The AnHeart Therapeutics company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of AnHeart Therapeutics, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks, without the written permission of AnHeart Therapeutics is prohibited.

The entire content of the Website, including any images or text, is protected by copyright. In consideration for your agreement to these terms and conditions, AnHeart Therapeutics grants you a personal, non-exclusive, non-transferable license to access and use the Website. You may download material from the Website only for personal, non-commercial use, and the Website may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of AnHeart Therapeutics. It is the policy of AnHeart Therapeutics to enforce its intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

5. No Warranties or Liability

AnHeart Therapeutics will use reasonable efforts to include accurate and up-to-date information on the Website, but all information is provided “AS IS.” AnHeart Therapeutics makes no warranties or representations as to the accuracy of information presented on the Website and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by applicable law.

In addition, any information presented on the Website as of a particular date may only be accurate as of such date and AnHeart Therapeutics disclaims any responsibility to update such information. AnHeart Therapeutics shall not be held responsible for any action taken that is based on the information presented on the Website, and all users of the Website agree that all access and use of the Website, and any and all content presented on the Website, is at the user’s own risk.

NEITHER ANHEART THERAPEUTICS NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS, USE, OR INABILITY TO USE THE WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE.

Any communication or material you transmit to AnHeart Therapeutics via the Website or Internet electronic mail is transmitted by you on a non-confidential basis. AnHeart Therapeutics makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting. 

The Website does not, and is not intended to, provide medical advice, nor does it provide instruction on the appropriate use of any product produced or supplied by AnHeart Therapeutics, its affiliates, related companies, or its licensors, licensees or joint venture partners. Users of the Website should be aware that any product(s) under development described herein or therein have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials. The information presented on the Website should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider. It is important that you discuss your treatment options and any questions that you may have with your doctor or healthcare provider.

6. Indemnity

You agree to indemnify, defend and hold harmless AnHeart Therapeutics, its officers, directors, employees, consultants, advisers, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

7. Links to Other Websites

The Website may include hyperlinks to websites or other content maintained or controlled by others. AnHeart Therapeutics is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites or in such other content.

8. User Content and Communications

Portions of the Website may allow you and other Users to contribute material to be publicly displayed on the Website (“User Provided Web Content”).  For User Provided Web Content, AnHeart Therapeutics is merely hosting and providing access.  We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Web Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that AnHeart Therapeutics believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content).  We reserve the right to act expeditiously to remove or disable access to any User Provided Web Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.  

The decision to upload User Provided Web Content to the Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others.  Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws).  Upon the request of AnHeart Therapeutics, you agree to furnish AnHeart Therapeutics with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

By submitting User Provided Web Content to the Website, you grant AnHeart Therapeutics a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release AnHeart Therapeutics from any and all claims, liens, demands, actions or suits in connection with the User Provided Web Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Web Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.  Except for the rights granted in this Agreement, AnHeart Therapeutics acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the User Provided Web Content you submit to us.

If you submit material to the Website on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consent from the group, organization or business.  Some User Provided Web Content can be submitted to AnHeart Therapeutics and AnHeart Therapeutics will scan, image and/or create an index from the content you submit. In this situation, you grant AnHeart Therapeutics a license to the User Provided Content as described above and AnHeart Therapeutics will own the digital version of documents created by AnHeart Therapeutics as well as any indexed information that AnHeart Therapeutics creates.

9. Governing Law and Jurisdiction

We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

10. Forward Looking Statement

The Website contains “forward-looking” statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, including but not limited to statements relating to AnHeart Therapeutics’ drug discovery efforts, preclinical and clinical development programs and drug candidates, and any statements relating to AnHeart Therapeutics’ goals, plans, missions, expectations, beliefs, and the like. Words such as “believes,” “anticipates,” “plans,” “expects,” “intends,” “will,” “goal,” “potential” and similar expressions are intended to identify forward-looking statements. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties inherent in the discovery, development and commercialization of drugs, the risks and uncertainties associated with our technologies and those of our competitors, and other risks detailed in our filings made from time to time with the Securities and Exchange Commission, which are available at www.sec.gov. These forward-looking statements speak only as of the date they were originally included in the Website. AnHeart Therapeutics disclaims any intent or obligation to update these forward-looking statements. The information on the Website is not intended and should not be construed as an offer to sell securities.

11. Electronic Communications Notice

If you have signed up to receive information from us (or where permitted by law, if you have provided us or we have obtained your contact information), we may send you email messages, direct mail information, push notifications, or other communications regarding products or services depending on the method of communication selected. You may ask us not to do so when you access our Services or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by following the unsubscribe instructions in the form of the communication you received or by submitting an opt-out request to the contact information set forth in the Contact Us section below.

Emails: To opt out of receiving marketing communications via email, please click on the unsubscribe link at the bottom of the email that was sent to you or submit an opt-out request to the contact information set forth in the Contact Us section below. Please note that you may continue to receive certain transactional or account-related electronic messages from us.

12. Mobile Website

AnHeart Therapeutics may provide websites and online resources that are specifically designed to be compatible and used on mobile devices. AnHeart Therapeutics will collect certain information that your mobile device sends when you use such websites or online resources, like a device identifier, user settings and the operating system of your device.

Mobile versions of the Website may require that users log in with an account. In such cases, information about use of each mobile version of the website may be associated with user accounts. In addition, AnHeart Therapeutics may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to us to enable Individuals to access user accounts and to enable us to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. We may use personal or non-identifiable information transmitted to us to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Statement or in other notices we provide.

13. News & Press Releases

The Website may contain information, news, and/or press releases, the content of which is accurate or current only as of the date of the particular information, news, press release, or posting. AnHeart Therapeutics does not update press releases once they have been made public.

14. Social Media Offerings

AnHeart Therapeutics’ social media offerings contain news and information about AnHeart Therapeutics and provide a place for community members to connect to learn about AnHeart Therapeutics. While AnHeart Therapeutics welcomes comments and other forms of communication related to AnHeart Therapeutics’ social media offerings, AnHeart Therapeutics does not commit to respond to any such comments or other forms of communication. AnHeart Therapeutics will manage its own social media offerings in line with social media guidelines and regulatory requirements and reserves the right to remove content that is inconsistent with such guidelines and requirements. Examples of content that may be removed include, but are not limited to, disrespectful or otherwise inappropriate postings, medical advice or requests thereof, claims relating to safety or efficacy, investigational product candidates, personal information, spam or unsolicited content, and unrelated or inappropriate information. In addition, AnHeart Therapeutics reserves the right to ban anyone from AnHeart Therapeutics’ social media offerings who violates these terms. AnHeart Therapeutics’ social media platforms are not suitable forums to report medical side effects related to AnHeart Therapeutics’ investigational product candidates. AnHeart Therapeutics is not providing and cannot provide medical advice. Any questions regarding your condition, treatment or medical side effects should be directed to your doctor or healthcare provider immediately.

15. Miscellaneous

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. AnHeart Therapeutics reserves the right to alter or delete materials from this website at any time at its discretion.

LAST UPDATED November 29, 2020