Terms & Conditions
Agreement between user and the Site
Concerning Your Use of the Site
The Site is for your informational, non-commercial use. You may not copy, distribute, reuse, repost, 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, including any text, images, audio, or video, for public or commercial purposes without the express written permission of FogPharma.
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 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 or affiliates except as expressly authorized by these Terms and Conditions.
Concerning Your Privacy and Communications with Us
No Medical Advice
The content of the Site, including all medically-related information, is for informational purposes only is provided ‘As-Is’, and is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should not construe FogPharma’s inclusion of any content on the Site as an endorsement by FogPharma of the views expressed herein. We do not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation or strategy made by any author of the content on the Site or any other person available through the Site.
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.
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 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.
Links to third party sites/Third party services
Periodically, the Site may contain links to other websites operated by third parties. 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 with regard to your access to such linked 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.
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.
FogPharma believes that the contents of the Site have come from reliable sources, but we cannot guarantee or warrant that the information in the Site is accurate, complete, up-to-date, or suitable for any purpose.
Your use of the Site and its contents is at your sole 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. Thus, FogPharma and any party involved in creating or delivering the Site specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Site, even if FogPharma has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the Site, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from you or other users, interruptions in telecommunications connections to the Site or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Site, or related information or programs.
All content on the Site, including any information and/or services obtained through the Site, is provided to you on an “as is” and “as available” basis without representation or warranty of any kind either express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
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.
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.
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.
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.
FogPharma maintains the Site from our offices in Cambridge, Massachusetts, United States of America.
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. FogPharma makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site from other locations, you do so on your own initiative and are responsible for compliance with local laws applicable to such access.
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.
These Terms and Conditions constitute 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.
FogPharma welcomes your questions or comments regarding these Terms and Conditions:
Fog Pharmaceuticals, Inc.
30 Acorn Park Drive
Cambridge, Massachusetts 02139
Effective as of October 2022