TERMS AND CONDITIONS

This website has been designed to provide general information about Imvax, Inc. (“Imvax,” “we,” or “us”). Please carefully read these Terms and Conditions, which apply to your access and use of this website. By accessing or using this website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please discontinue access and use of this website.

Modifications to the Website Terms and Conditions
We reserve the right to revise these Terms and Conditions at any time. Your continued use of this website after we post revised Terms and Conditions, which will be reflected by the “updated date” at the bottom, signifies your acceptance of the revised Terms and Conditions. Therefore, it is important to check the Terms and Conditions each time you visit the website. We will not be liable in any way for possible consequences of such changes or for inaccuracies, typographical errors, or omissions in the contents of the website. We may, in our sole discretion, terminate your access to the website or certain features at any time and without notice, including, without limitation, due to any violation by you of these Terms and Conditions.

This Website is Intended for a U.S. Audience
Although accessible by others, the Website and its content are primarily intended for access and use by U.S. residents.

The Website Does Not Provide Medical Advice
The information presented on this website is not intended to provide medical advice and should not be relied upon as the basis of any healthcare decision. This information is not intended to replace informed medical advice from your qualified healthcare provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any health-care product.

No Representations or Warranties
Imvax has attempted to provide accurate and current information on this website; however, Imvax makes no representations about the suitability of the information contained or published on this website for any purpose. In addition, Imvax may not update its website on a regular basis and therefore information and materials contained herein may be out-of-date or include omissions or other errors. All such information is provided “AS IS” without warranty of any kind. No warranty or representation is made, express or implied, that the information contained or referenced herein is accurate, current, or complete. Furthermore, Imvax shall not be liable in any manner whatsoever for direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or inability to use, this information or any information provided through linked websites. By using this site, you acknowledge that Imvax is providing the material posted here for informational purposes only, and as described in the previous paragraph, not for the purpose of giving you medical advice. Imvax urges you to consult with a physician in connection with any and all treatment options that may be available to you.

Personal Use Only
Content on the website is protected by U.S. and international copyright, trademark and other applicable intellectual property laws and is owned, controlled, or licensed by Imvax or a party credited as the provider of specific content. You may view and use the materials on this website solely for personal, non-commercial, purposes. No other use is authorized, including the HTML or other software instructional code, contained in, or forming part of, our website, without our prior written permission. In addition, documents published by Imvax on this website may not be copied other than for personal, non-commercial, reference, with any proprietary notice retained, and thereafter may not be recopied, reproduced, or otherwise distributed.

The prohibition on use in the paragraph above, includes, but is not limited to, a prohibition on scraping or using any “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the website or any data or content found on or accessed through the website, without our prior permission. In addition, linking to any page other than the Imvax websites’ home pages (also known as deep linking) is prohibited without Imvax’s written permission.

Imvax’s Right to Use User-Submitted Content
Should any viewer of this website provide Imvax with any feedback, information or data, whether in the form of questions, comments, suggestions, posts to publicly viewable interactive features such as blogs or messages boards, or otherwise, such information shall be deemed to be non-confidential and you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute, or use such material for any purpose whatsoever. You grant us the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials. Imvax shall have no obligation of any kind with respect to such information, and shall be free to use any information, ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever and to reproduce, use, disclose and distribute such information to third parties without limitation. In addition, you waive any and all moral rights you may have in any such materials. Further, you authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction, or disclosure thereof. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.

Rules for User Submitted Content to Publicly Viewable Interactive Features
We reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move, or edit any content that we consider inappropriate or unacceptable for any reason. You shall not submit any communication or content that infringes or violates any right of any party, including communications that contain profanity, are defamatory, harassing, threatening, inflammatory, obscene, pornographic, invasive of privacy, illegal or otherwise encourages illegal activity, would violate the rights of others, give rise to liability or that is intended as a sales pitch for other products or services. Where we do moderate interactive features such as blogs, we may review comments and postings for relevance, topicality and appropriateness and we may withhold or remove postings for any reason, within our sole discretion. We are unlikely to post comments relating to ongoing legal matters or regulatory issues. The posting of submissions that are selected for publication will be delayed during our review process.

Third-Party Links
This website may also contain links to third party websites. Imvax is providing these links only as a convenience and the inclusion of any such links does not imply endorsement by Imvax of such third-party websites. Imvax does not have any control over the information contained in such third-party websites, and therefore, does not take any responsibility whatsoever for any information, content or links contained in or changes to such third-party websites.

Right to Change
Imvax reserves the right to alter the content of its website in any way, at any time and for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes or for inaccuracies, typographical errors, or omissions in the contents hereof.

Intellectual Property
All contents of this website are protected by copyright and/or other intellectual property rights, and may not be modified, distributed, posted or transmitted without our prior written consent. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials.

Imvax™ and the Imvax™ logo are trademarks of Imvax, Inc., and will be registered in the U.S. and/or other jurisdictions. Other Imvax product or service names or logos referenced in this document are either trademarks or registered trademarks of Imvax, Inc. The absence of a product or service name or logo from this list does not constitute a waiver of Imvax’s trademark or other intellectual property rights concerning that name or logo.

Other trademarks, if any, are the property of their respective owners. Nothing contained in our website should be construed as granting any license or right to use any trademarks or logos.

No Implied Rights
Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark, or copyright of Imvax or any third party. The use or misuse of any such trademark, patent or copyright provided hereunder, except as permitted herein, is expressly prohibited and may be in violation of patent, trademark or copyright laws, the laws of slander and libel, the laws of privacy and publicity and communications regulations and statutes. Please be advised that Imvax reserves the right to enforce its intellectual property rights, and these website Terms and Conditions, to the fullest extent of the law.

Privacy
Personally identifiable information and demographic information you provide to us is subject to our privacy policy, as updated from time to time. We may use and share such information consistent with our privacy policy, which is available on this site.

Indemnification
By accessing and/or using the website, you agree to indemnify, defend and hold Imvax, our subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms and Conditions or from any other unauthorized use by you of this Website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties and Liabilities
THE CONTENT ON IMVAX’S WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND IMVAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IMVAX MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR ERROR FREE.

EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL IMVAX OR ANY OF OUR SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF ANY IMVAX WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, REGARDLESS OF WHETHER IMVAX OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IMVAX’S LIABILITY, AND THAT OF ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

We do not warrant that the functions or informational materials contained in or accessed through our website are free of computer viruses or other harmful components. Although we make a good faith effort to update the content of our website periodically, we do not have a duty to update information contained in our website, and we will not be liable for any failure to update such information. Imvax assumes no responsibility or liability arising from content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website or accessed through the website.

Governing Law
All matters relating to your access to, or use of, Imvax’s website shall be governed by U.S. federal law and Delaware law without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, Imvax’s website shall be instituted in a state or U.S. district court in Philadelphia, Pennsylvania. You agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any legal action or proceeding.

Miscellaneous
These Terms & Conditions constitute the entire agreement between you and Imvax and govern your use of the website and any information or services offered on the website. This agreement supersedes any prior terms of use or other agreements between you and Imvax concerning use of this website.

The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.

You agree that, except as expressly provided in these Terms and Conditions (and other than Imvax and its affiliates) there shall be no third-party beneficiaries to these Terms and Conditions.

If you have questions or comments regarding these Terms and Conditions or our website, please contact us at: contact@imvax.com