Website User Agreement and Privacy Policy
By using the Inhibitex web site you signify your assent to the terms and conditions
of the Website User Agreement below. Please review the Website User Agreement carefully,
as your use of and access to this web site is governed by the terms and conditions
set forth therein. In the event that you do not agree with these terms and conditions,
you may not access, use or download materials from this web site. Inhibitex, Inc.
(hereinafter, "Inhibitex") reserves the right to modify or update these terms and
conditions at any time without prior notice to you, and your continued use of this
web site after any such change will constitute your agreement to comply with all
such changes. Accordingly, you should continue to review these terms and conditions
each time you access this website.
INHIBITEX INC. WEBSITE USER AGREEMENT
1. Acceptance of Terms
Inhibitex, Inc. ("Inhibitex", "we", "us", "our"), provides access to the Inhibitex website, located at www.inhibitex.com (the "Site") subject to your acceptance of this Website User Agreement ("Agreement"). Any person accessing, browsing, framing, using and/or linking to the Site, either manually or via an automated device, shall be deemed a "User." All Users are subject to and agree to be bound by this Agreement when using the Site.
When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern when you are using the Site. If you have any questions about this User Agreement please contact Inhibitex by e-mail at info@inhibitex.com before using the Site.
2. Privacy
You agree that you have read and understand the terms of Inhibitex's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.
3. Medical, Product and Health Information
Inhibitex does not provide medical advice or medical services. Nothing contained in the Site is intended as a promotion of any product or recommendation for the use of any product in a way which conflicts with the laws and regulations of the country in which the reader is located. THE MEDICAL INFORMATION PROVIDED ON THE SITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD NOT USE ANY INFORMATION ON THIS SITE FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE BUT SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN. Due to the rapid nature of change in medical science, the information provided on the Site may not be current. This Site does not collect personally identifiable health information.
4. Risk; Internet Use
You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
5. Downloading Materials From The Site
You understand that Inhibitex cannot and does not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
6. Intellectual Property
The contents of this Site, such as text, articles, graphics, logos, audio clips, video, photographs, software, trademarks, the overall "look and feel", data and other information owned or licensed by us (the "Proprietary Content") is protected under United States and international copyright, trademark and other intellectual property laws as well as international treaties and conventions. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may download, store, and print one (1) copy of selected portions of this Site and the Proprietary Content solely for your personal, non-commercial use or in connection with your business dealings with Inhibitex, provided that: (a) you do not post, publish or broadcast any portion of the content of this Site on any other Internet site or other media without obtaining the prior written consent of Inhibitex; and (b) you do not modify or alter the content of this Site in any way or delete or modify any copyright or trademarks notices contained herein. You may not create a link to the Site or any Proprietary Content without our consent. No license or right is intended to be conveyed to you under any copyright held by Inhibitex, whether by implication, estoppel or otherwise, and Inhibitex expressly reserves all intellectual property rights in the Proprietary
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of Inhibitex or a third party who has licensed its trademarks to Inhibitex. No license or right is intended to be conveyed to you under any trademark of Inhibitex or any third party, whether by implication, estoppel or otherwise. You may not use any Inhibitex trademark without our prior written consent. We intend to enforce our intellectual property rights in the Proprietary Content to the fullest extent permitted under law.
7. Links to Other Websites
Any links to other websites are provided merely as a convenience to the Users of this Site. Inhibitex has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
8. Acceptable and Lawful Use of the Site
Any information provided to Inhibitex in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Inhibitex or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Inhibitex or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail, also called Spam.
9. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INHIBITEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. INHIBITEX DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCURING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCT, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF INHIBITEX OR ANY THIRD PARTY ON THE SITE, OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL INHIBITEX'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO INHIBITEX, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF INHIBITEX, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
11. Indemnification
You agree to indemnify, defend and hold Inhibitex and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of products, services, or information provided through the Site, or (iii) your breach of any provision of this Agreement. Inhibitex reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Inhibitex in asserting any available defenses.
12. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Inhibitex's policy regarding copyright infringement and Inhibitex's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Inhibitex respects the intellectual property rights of others and requires those that visit our Site or use our network to do the same. Inhibitex may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Inhibitex also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Inhibitex's copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Inhibitex's copyright agent for notice of claims of copyright infringement on this website is David Rosenthal, Esq. who can be reached as follows:
Mail: Dechert LLP, 30 Rockefeller Plaza, New York, NY 10112
Phone: 212-698-3616
Fax: 212-698-0416
E-Mail: david.rosenthal@dechert.com
13. System Outages
Inhibitex periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Inhibitex shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
14. User Feedback
Should any User respond to Inhibitex or any of its employees, agents, or others through the Site, via e-mail or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any Inhibitex document, the Site, or Inhibitex products or services, such information shall be deemed to be non-confidential and Inhibitex shall have no obligation of any kind with respect to such information. Inhibitex shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
15. Children
This Site is not directed to children under the age of 13 and is not intended to be used by children under the age of 13. If you are under the age of 13, you agree that you will not use this Site and you will not provide personal information about yourself to Inhibitex through the Site.
16. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
17. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Georgia and of the United States of America located in the State of Georgia for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in State of Georgia Courts and agree not to plead or claim in any State of Georgia Court that such litigation brought therein has been brought in an inconvenient forum.
18. International Users
Inhibitex makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content, notwithstanding sections 16 and 17 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.
If you are a non-U.S. user, you acknowledge and agree that Inhibitex may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer, processing and use of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at info@inhibitex.com and let us know how you would like us to handle such Information.
19. Forward Looking Statements
Inhibitex cautions you that statements included in this Site that are not a description of historical facts may be forward-looking statements. The inclusion of forward-looking statements should not be regarded as a representation by Inhibitex that any of its plans will be achieved. Actual results may differ materially from those set forth in the Site due to the risks and uncertainties inherent in Inhibitex's business including, without limitation, statements about: the progress and timing of our clinical trials; difficulties or delays in development, testing, obtaining regulatory approval, producing, obtaining reimbursement for and marketing our products; ability of our third-party vendors, suppliers and manufacturers to perform; unexpected adverse side effects or inadequate therapeutic efficacy of our products that could delay or prevent product development or commercialization, or that could result in recalls or product liability claims; the scope and validity of patent and other intellectual property protection for our products; competition; and our ability to obtain additional financing to support our operations and all other factors contained in our reports or statements filed with the U.S. Securities and Exchange Commission. Any forward-looking statements represent Inhibitex's judgment as of the date of the most recent update to the applicable portion of this Site. All forward-looking statements are qualified in their entirety by this cautionary statement and Inhibitex undertakes no obligation to revise or update this Site to reflect events or circumstances after the date hereof.
20. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Headings
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Inhibitex, at any time or times, to require performance of any provision hereof shall in no manner affect Inhibitex's right at a later time to enforce such provision. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Inhibitex. Inhibitex may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement in each case except as otherwise expressly set forth herein. This Agreement and any documents expressly incorporated by reference herein constitute the entire agreement between Inhibitex and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
21. Updates and Modifications
In its sole discretion, Inhibitex may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at info@inhibitex.com. This Agreement was last updated on September 21, 2007.
22. Termination
Inhibitex may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto including paragraph 12 relating to the Digital Millennium Copyright Act), or for any other reason in our sole discretion.
INHIBITEX INC. WEBSITE USER AGREEMENT
1. Acceptance of Terms
Inhibitex, Inc. ("Inhibitex", "we", "us", "our"), provides access to the Inhibitex website, located at www.inhibitex.com (the "Site") subject to your acceptance of this Website User Agreement ("Agreement"). Any person accessing, browsing, framing, using and/or linking to the Site, either manually or via an automated device, shall be deemed a "User." All Users are subject to and agree to be bound by this Agreement when using the Site.
When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern when you are using the Site. If you have any questions about this User Agreement please contact Inhibitex by e-mail at info@inhibitex.com before using the Site.
2. Privacy
You agree that you have read and understand the terms of Inhibitex's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.
3. Medical, Product and Health Information
Inhibitex does not provide medical advice or medical services. Nothing contained in the Site is intended as a promotion of any product or recommendation for the use of any product in a way which conflicts with the laws and regulations of the country in which the reader is located. THE MEDICAL INFORMATION PROVIDED ON THE SITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD NOT USE ANY INFORMATION ON THIS SITE FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE BUT SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN. Due to the rapid nature of change in medical science, the information provided on the Site may not be current. This Site does not collect personally identifiable health information.
4. Risk; Internet Use
You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
5. Downloading Materials From The Site
You understand that Inhibitex cannot and does not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
6. Intellectual Property
The contents of this Site, such as text, articles, graphics, logos, audio clips, video, photographs, software, trademarks, the overall "look and feel", data and other information owned or licensed by us (the "Proprietary Content") is protected under United States and international copyright, trademark and other intellectual property laws as well as international treaties and conventions. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may download, store, and print one (1) copy of selected portions of this Site and the Proprietary Content solely for your personal, non-commercial use or in connection with your business dealings with Inhibitex, provided that: (a) you do not post, publish or broadcast any portion of the content of this Site on any other Internet site or other media without obtaining the prior written consent of Inhibitex; and (b) you do not modify or alter the content of this Site in any way or delete or modify any copyright or trademarks notices contained herein. You may not create a link to the Site or any Proprietary Content without our consent. No license or right is intended to be conveyed to you under any copyright held by Inhibitex, whether by implication, estoppel or otherwise, and Inhibitex expressly reserves all intellectual property rights in the Proprietary
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of Inhibitex or a third party who has licensed its trademarks to Inhibitex. No license or right is intended to be conveyed to you under any trademark of Inhibitex or any third party, whether by implication, estoppel or otherwise. You may not use any Inhibitex trademark without our prior written consent. We intend to enforce our intellectual property rights in the Proprietary Content to the fullest extent permitted under law.
7. Links to Other Websites
Any links to other websites are provided merely as a convenience to the Users of this Site. Inhibitex has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
8. Acceptable and Lawful Use of the Site
Any information provided to Inhibitex in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Inhibitex or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Inhibitex or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail, also called Spam.
9. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INHIBITEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. INHIBITEX DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCURING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCT, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF INHIBITEX OR ANY THIRD PARTY ON THE SITE, OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL INHIBITEX'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO INHIBITEX, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF INHIBITEX, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
11. Indemnification
You agree to indemnify, defend and hold Inhibitex and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of products, services, or information provided through the Site, or (iii) your breach of any provision of this Agreement. Inhibitex reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Inhibitex in asserting any available defenses.
12. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Inhibitex's policy regarding copyright infringement and Inhibitex's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Inhibitex respects the intellectual property rights of others and requires those that visit our Site or use our network to do the same. Inhibitex may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Inhibitex also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Inhibitex's copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Inhibitex's copyright agent for notice of claims of copyright infringement on this website is David Rosenthal, Esq. who can be reached as follows:
Mail: Dechert LLP, 30 Rockefeller Plaza, New York, NY 10112
Phone: 212-698-3616
Fax: 212-698-0416
E-Mail: david.rosenthal@dechert.com
13. System Outages
Inhibitex periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Inhibitex shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
14. User Feedback
Should any User respond to Inhibitex or any of its employees, agents, or others through the Site, via e-mail or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any Inhibitex document, the Site, or Inhibitex products or services, such information shall be deemed to be non-confidential and Inhibitex shall have no obligation of any kind with respect to such information. Inhibitex shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
15. Children
This Site is not directed to children under the age of 13 and is not intended to be used by children under the age of 13. If you are under the age of 13, you agree that you will not use this Site and you will not provide personal information about yourself to Inhibitex through the Site.
16. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
17. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Georgia and of the United States of America located in the State of Georgia for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in State of Georgia Courts and agree not to plead or claim in any State of Georgia Court that such litigation brought therein has been brought in an inconvenient forum.
18. International Users
Inhibitex makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content, notwithstanding sections 16 and 17 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.
If you are a non-U.S. user, you acknowledge and agree that Inhibitex may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer, processing and use of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site. If you have already provided us with Information, please contact us at info@inhibitex.com and let us know how you would like us to handle such Information.
19. Forward Looking Statements
Inhibitex cautions you that statements included in this Site that are not a description of historical facts may be forward-looking statements. The inclusion of forward-looking statements should not be regarded as a representation by Inhibitex that any of its plans will be achieved. Actual results may differ materially from those set forth in the Site due to the risks and uncertainties inherent in Inhibitex's business including, without limitation, statements about: the progress and timing of our clinical trials; difficulties or delays in development, testing, obtaining regulatory approval, producing, obtaining reimbursement for and marketing our products; ability of our third-party vendors, suppliers and manufacturers to perform; unexpected adverse side effects or inadequate therapeutic efficacy of our products that could delay or prevent product development or commercialization, or that could result in recalls or product liability claims; the scope and validity of patent and other intellectual property protection for our products; competition; and our ability to obtain additional financing to support our operations and all other factors contained in our reports or statements filed with the U.S. Securities and Exchange Commission. Any forward-looking statements represent Inhibitex's judgment as of the date of the most recent update to the applicable portion of this Site. All forward-looking statements are qualified in their entirety by this cautionary statement and Inhibitex undertakes no obligation to revise or update this Site to reflect events or circumstances after the date hereof.
20. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Headings
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Inhibitex, at any time or times, to require performance of any provision hereof shall in no manner affect Inhibitex's right at a later time to enforce such provision. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Inhibitex. Inhibitex may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement in each case except as otherwise expressly set forth herein. This Agreement and any documents expressly incorporated by reference herein constitute the entire agreement between Inhibitex and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
21. Updates and Modifications
In its sole discretion, Inhibitex may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at info@inhibitex.com. This Agreement was last updated on September 21, 2007.
22. Termination
Inhibitex may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto including paragraph 12 relating to the Digital Millennium Copyright Act), or for any other reason in our sole discretion.