Terms of Use

Agreement between user and the Site

Welcome to fogpharma.com (the “Site”). The Site is comprised of various web pages operated by Fog Pharmaceuticals, Inc. (“FogPharma” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”) as well as the Privacy Policy and other documents referenced in these Terms and Conditions.  Please read the following paragraphs carefully. By using the Site, you agree to the Terms and Conditions described below. If you do not agree to the Terms and Conditions discussed here, you should exit the Site now.

FogPharma maintains the Site from our offices in Cambridge, Massachusetts, United States of America. The Site is intended to be accessed from, and the information contained in the Site is intended to be used within, the United States of America.  We make no representations that the Site or materials in the Site are appropriate or available for access or use in other countries. If you access the Site from another country, you do so on your own initiative and are responsible for compliance with laws applicable to such access.

We may revise the Terms and Conditions discussed here at any time without notice by updating this posting. You are bound by any revisions and, therefore, should periodically visit this page to review the current Terms and Conditions that apply to your use of the Site.

Intellectual Property/No unlawful or prohibited use

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FogPharma or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

“FogPharma,” the FogPharma logo and any other FogPharma product or service names or logos referenced in this document or the Site are either trademarks or registered trademarks of FogPharma and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of FogPharma’s trademark or other intellectual property rights concerning that name or logo.

Other trademarks and product names are the property of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademarks or logos.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to FogPharma that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FogPharma content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Site content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for your personal use, and will make no other use of the content without the express written permission of FogPharma and, if different from FogPharma, the copyright owner. You agree that you do not acquire any ownership rights in any Site content. We do not grant you any licenses, express or implied, to the intellectual property of FogPharma or our licensors except as expressly authorized by these Terms and Conditions.

No Medical Advice

The content of the Site, including all medically-related information, is for informational purposes only. We do not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation or strategy of any author or other person available through the Site.

THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE CONTENT OF THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, SEEK MEDICAL HELP IMMEDIATELY FROM A HEALTH CARE PROFESSIONAL.

Submissions of Information

Any communication or material that you transmit to the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. FogPharma may use such communication or material for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, FogPharma is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever.

Concerning Your Privacy

We may monitor access to the Site. If monitored, the requesting URLs, the machine originating the request, and the time of the request, may be logged for access statistics and security purposes. By using the Site, you consent to such general monitoring. Please see FogPharma’s Privacy Policy for further details on how information from the Site may be gathered and used.

Electronic Communications

Visiting the Site or sending emails to FogPharma constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to third party sites/Third party services

Periodically, the Site may contain links to other websites. FogPharma is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party website. FogPharma has no control over the content on such third-party websites. FogPharma does not take any responsibility or assume any liability for information contained on other websites. Your linking to any other websites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those websites.

Indemnification

You agree to indemnify, defend and hold harmless FogPharma, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of the Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FogPharma reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FogPharma in asserting any available defenses.

Disclaimer

FogPharma believes that the contents of the Site have come from reliable sources, but we cannot guarantee the information in the Site is accurate, complete or suitable for any purpose. In addition, FogPharma cannot guarantee that the contents of the Site have not been affected by technical malfunctions or unauthorized tampering. The contents of the Site are subject to change without notice. We may alter or delete material from the Site at any time.

Your use of the Site and its contents is at your own risk, and neither FogPharma nor any party involved in creating or delivering the Site shall be liable for damages of any kind that may result from access to, or use of the information contained on, the Site, including, but not limited to, any such damages arising from errors or omissions, misprints, out-of-date information, inaccuracies, typographical or other errors appearing on the Site, any software that may be downloaded from the Site, or any damage to your computer equipment including, but not limited to, any virus that may infect your computer equipment.

FOGPHARMA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE USE OF THE SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE. IN NO EVENT WILL FOGPHARMA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR DEFECT IN THE SITE OR ANY INFORMATION CONTAINED IN THE SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.

By using the Site, you assume the risk that the information and materials on the Site may be incomplete, inaccurate, out-of-date, or may not meet your needs or requirements.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Termination/access restriction

FogPharma reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No content from the Site may be downloaded or otherwise exported in violation of United States law.

Site Availability

The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. FogPharma cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Miscellaneous

These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law that would dictate the application of the law of another jurisdiction.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. FogPharma may, at its sole discretion and without notice, revise these Terms and Conditions at any time by updating this posting.

This is the entire Agreement between the parties relating to the subject matter of these Terms and Conditions and may not be modified except in writing signed by both parties or by a new posting by FogPharma, as described above.

Contact Us

FogPharma welcomes your questions or comments regarding these Terms and Conditions:

Fog Pharmaceuticals, Inc.
100 Acorn Street, 6th Floor
Cambridge, Massachusetts 02139
USA
info@FogPharma.com

Effective as of September 30, 2017