Terms of Use

Boston Biomedical, Inc. Web Site Terms of Use (Updated and Effective: March 2017)

Boston Biomedical, Inc., its U.S. subsidiaries and affiliates (“BBI”) welcome our web site users. Please read the Terms of Use before using information on our web site. YOUR USE OF THE BBI WEB SITE IS SUBJECT TO THESE TERMS OF USE. BY ACCESSING AND USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. Your access of the BBI web site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further access or use of our web site.

The BBI web site is intended for lawful use by U.S. adults only and is intended to comply with U.S. laws and regulations. All information provided on the BBI web site is for general informational and educational purposes only. Certain sections of the BBI web site, may be intended for use by healthcare professionals only.

Updates to the Site and these Terms of Use

We reserve the right at any time to without notice modify or discontinue, temporarily or permanently, this or any web site or any portion thereof. BBI may also, at any time, revise these Terms of Use. Any such changes to the Terms of Use will be posted on this page, and we will update the “Updated and Effective” date to reflect the date of the changes. By continuing to use this or any BBI web site after the posting of such changes, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.

Availability of the Site

Access to the Site is permitted at BBI discretion. BBI reserves the right to withdraw, amend, or restrict the services we provide on this Site without notice.

Right to Alter or Remove Content. Right to Suspend Accounts.

BBI reserves the right to alter or delete materials from this web site at any time at its sole discretion.

Privacy

BBI is committed to privacy for our web site users. Please see BBI’s Privacy Policy, the terms of which are incorporated into these Terms of Use, for more information.

Medical Information Provided is Not a Substitute for Medical Advice and Attention

Your use of any BBI web site is governed by the Terms of Use. The information and advice published or made available through this web site is for informational purposes only, is not a substitute for professional medical advice or services, and does not constitute a physician-patient relationship. You should not use the information on this web site for diagnosing or treating a medical or health condition. You should consult a physician or other health care provider in all matters relating to your health, and particularly in respect to any symptoms that may require diagnosis or medical attention. Any action on your part in response to the information provided in this web site is at your discretion. BBI makes no representations or warranties with respect to any information offered or provided on or through any BBI web site regarding treatment, action, or application of medication.

Content

BBI will use commercially reasonable efforts to include current, accurate content on the BBI web site, but your access and use of this web site and the content herein is undertaken at your own risk and is expressly subject to the Terms of Use.

Forward-Looking Statements

The information included in (or accessible from) this BBI web site may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of BBI’s pharmaceuticals under development. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of BBI patent protection with respect to such product candidates; the commercial success of BBI products; the ability of the company to attract and retain qualified personnel; the performance of BBI licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.

Third Party Web Sites and Links

Certain links on the BBI web site may lead to sites or sources located on servers maintained by third parties over which BBI has no control. If you use these links, you will leave BBI’s web site. Please remember that linked sites are not necessarily the BBI web site and the information could change without BBI’s knowledge. Third-party linked sites and their contents should not be attributed to BBI (or any of its affiliated companies) in any manner. BBI has not attempted to verify the truth or accuracy of any third party or content and does not make any representations or warranties about them. If you decide to access any of the third-party sites linked to this BBI web site you do so entirely at your own risk.

If you believe that material on our web site infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:

Boston Biomedical, Inc..

Attn: Office of Legal Counsel

640 Memorial Drive

Cambridge, MA 02139

Or by email to: info@bostonbiomedical.com

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the web site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

No Confidentiality

No confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic response to BBI (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and BBI shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

NO WARRANTY

Information accessed through any BBI web site is presented in summary and interactive form and is not exhaustive. BBI MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

FURTHERMORE, BBI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS, SERVICES, OR PRICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. BBI MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BBI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY GOODS OR SERVICES PURCHASED THEREFROM.

In jurisdictions that do not recognize exclusion of implied warranties, the above exclusion may not apply.

LIMITATION OF LIABILITY

BBI does not accept any liability for consequences arising from the use or misuse of any information provided on our web site. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BBI OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE A BBI WEB SITE, ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, YOUR RELIANCE ON ANY SUCH CONTENT, OR ANY OTHER INFORMATION OR INTERNET SITE WHICH LINKS TO THIS WEB SITE. In no event will BBI, its Service Providers, or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon information provided through this site. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply.

Indemnification

You agree to indemnify, defend and hold harmless BBI, its officers, directors, employees, subcontractors, and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Intellectual Property

Copyrights/Trademarks

All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by BBI or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of BBI.

Names, trademarks, service marks, trade names, trade dress, logos and BBI products appearing on this site, including the “Boston Biomedical” logo, are trademarks and service marks owned by Boston Biomedical, Inc. or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by BBI, except with the express written permission of BBI. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of BBI or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any BBI copyright or trademark.

BBI is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where BBI suffers damage. No license is granted to you to use any trademark of BBI or Affiliates. You shall not assert any claim or ownership to any such trademarks.

Non-Commercial Use

BBI gives you permission to copy pages of BBI web site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.

Dispute Resolution

Arbitration. Any Dispute between You and BBI shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.

Definitions. This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy arising from or relating to Your relationship with BBI, for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this Agreement; (3) claims that arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” does not, however, include any issues relating to the existence, scope, or validity of this arbitration provision. As used in this arbitration provision, “You” means You and any intended or unintended beneficiaries of these Terms and Conditions and “BBI” means Boston Biomedical and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates and independent contractors, and each of their officers, directors, employees and agents.

Right to Sue in Small Claims Court. Notwithstanding anything in this arbitration provision to the contrary, either You or BBI may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.

Right to Reject this Arbitration Provision. You may reject this arbitration provision by sending BBI (Attention: Legal Department) written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of an arbitration provision. Your decision will not adversely affect Your relationship with or service from BBI. If You previously notified BBI of Your decision, You need not do so again.

Right to Reject Changes to this Arbitration Provision. You may reject changes to this arbitration provision by sending BBI (Attention: Legal Department) written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of the change. Your decision will not adversely affect Your relationship with or service from BBI. If You previously notified BBI of Your decision, You need not do so again.

Procedures for Arbitration. This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules (the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and BBI will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. The arbitration will take place in the United States. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in any court of appropriate jurisdiction.

Right to Arbitral Fees and Costs. The payment of the AAA’s fees and costs will be governed by the AAA Rules.

Right to Attorneys’ Fees and Costs. You may hire an attorney to represent You. You are responsible for Your attorneys’ fees and costs. You may recover them from BBI to the same extent as in court.

Waiver of Jury Trials. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL. WHETHER IN ARBITRATION OR COURT, YOU AND BBI WAIVE THE RIGHT TO A JURY TRIAL.

Waiver of Class Actions. WHETHER IN ARBITRATION OR COURT, YOU AND BBI WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND BBI MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

Survival. This arbitration provision shall survive the cancellation or expiration of the Agreement.

Governing Laws; Enforcement Use of this web site, the Terms of Use, and the Privacy Policy are governed by the laws of the Commonwealth of Massachusetts without reference to choice of law doctrine. If any provision of the 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.

Use in the United States

The information on this website is intended for use only by BBI’s clients and customers, each Sponsor’s clients and customers, and health care professionals in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, product information on this website may not be appropriate for residents of other countries.

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