Terms of Use for Sarepta Therapeutics, Inc.’s Websites
Last Modified: September 9, 2020
ACCEPTANCE OF THE TERMS OF USE
The following terms and conditions, together with any documents they expressly incorporate by reference (the "Terms of Use"), govern your access to and use of Sarepta Therapeutics, Inc.'s ("Sarepta", "Company", "we", or "us") websites, including www.sarepta.com and www.duchenne.com, and any mobile sites, or other social media channels owned and/or operated by the Company including any content, functionality and services offered on or through these sites or channels (the "Websites"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using our Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at http://www.sarepta.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Websites.
Our Websites are offered to users who are 13 years of age or older in the United States ("U.S.") and are governed by U.S. law. We make no claim that our Websites are appropriate for access or use outside the U.S. Your access and/or use of our Websites outside of the U.S. are at your own risk, and you are responsible for compliance with the laws of your jurisdiction. By accessing and using our Websites, you represent and warrant that you are 13 years of age or older and are complying with the applicable laws of your jurisdiction in accessing and using our Websites. If you do not meet all of these requirements, you must not access or use our Websites.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of our Websites thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Websites so you are aware of any changes, as they are binding on you. The last date on which our Terms of Use have been modified will be identified at the top of this Webpage.
ACCESSING OUR WEBSITES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend our Websites, and any service or material we provide on our Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Websites to users, including registered users.
To access our Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Websites that all the information you provide on our Websites is correct, current and complete. You agree that all information you provide to register with our Websites or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree to notify us immediately of any unauthorized access to or use of your subscription or security information. We have the right to disable any services offered to you through our Websites at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
Our Websites and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to access and use our Websites and any services offered on them for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website in violation of the intellectual property rights mentioned above. You must not:
• Modify copies of any materials from our Websites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text made available on our Websites.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Websites.
If you wish to make any use of materials on our Websites other than that set out in this section, please address your request to: administrator@sarepta.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Websites in breach of our Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Websites or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
SAREPTA, SAREPTA THERAPEUTICS, the SAREPTA Helix Logo, SAREPTASSIST, the SAREPTASSIST Logo, SUPPORT, BY YOUR SIDE, SUPPORT, BY YOUR PATIENTS’ SIDE, EXONDYS, EXONDYS 51, and the EXONDYS 51 Logo are trademarks of Sarepta Therapeutics, Inc. registered in the U.S. Patent and Trademark Office and may be registered in various other jurisdictions. You must not use such marks without the prior written permission of the Company. Any names, logos, product and service names, designs and slogans on our Websites that are not owned by the Company or its affiliates are the trademarks of their respective owners.
PROHIBITED USES
You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Websites, or which, as determined by us, may harm the Company or users of our Websites or expose them to liability.
Additionally, you agree not to:
• Use our Websites in any manner that could disable, overburden, damage, or impair our Websites or interfere with any other party's use of our Websites, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access our Websites for any purpose, including monitoring or copying any of the material on our Websites.
• Use any manual process to monitor or copy any of the material on our Websites or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of our Websites.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Websites, the server on which our Websites is stored, or any server, computer or database connected to our Websites.
• Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Knowingly provide or post any false, misleading, or fraudulent information on our Websites.
• Violate the copyright rights, trade secrets, right of publicity or privacy or any other proprietary rights of any third party through posts or other use of our Websites.
• Defame, harass, offend, threaten others or otherwise inappropriately use our Websites
• Compile any database or list of other visitors to our Websites
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
• Remove or refuse to post any User-Generated Information for any or no reason in our sole discretion.
• Take any action with respect to any User-Generated Information that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website(s) or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use or access of our Websites.
• Terminate or suspend your access to all or part of our Websites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We are not able to and do not undertake to review all User-Generated Information before it is posted on our Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RELIANCE ON INFORMATION ON OUR WEBSITES
The information presented on or through our Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed by users of our Websites on any and all materials available on our Websites.
The content on our Websites is not intended to provide medical advice or to provide instructions on the use of our drug candidates, and should not be relied upon as the basis of any healthcare decision. The content 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 healthcare product.
Nothing in this Website constitutes or is intended to constitute an invitation or offer to invest in the securities of Sarepta Therapeutics, Inc.
Our Websites or contents provided through your subscriptions to services offered on our Websites may include content provided or created by third parties, including medical or news materials. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity creating or providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials created or provided by any third parties.
FORWARD-LOOKING STATEMENTS
The statements that are not historical facts contained in our Websites are forward-looking statements that involve risks and uncertainties, including, but not limited to, the results of research and development efforts, the results of preclinical and clinical testing, the effect of regulation by the FDA and other agencies, the impact of competitive products, product development, commercialization and technological difficulties, and other risks detailed in the Company's Securities and Exchange Commission filings. Further information on the factors and risks that could affect Sarepta's business, financial condition and results of operations are contained in Sarepta's public disclosure filings with the U.S. Securities and Exchange Commission, which are available at www.sec.gov.
CHANGES TO THE WEBSITE
We may update the content on our Websites from time to time at our sole discretion, but their content is not necessarily complete or up-to-date. Any of the material on our Websites may be out of date at any given time, and although we try to maintain the content of our Websites up-to-date we are under no obligation to update such material during any particular time frames.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on our Websites is subject to our Privacy Policy. By using our Websites, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Websites may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on our Websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause our Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
• Otherwise take any action with respect to the materials on our Websites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
USER-GENERATED INFORMATION
Some of our Websites may have functionalities that allow you to post, submit, publish, display or transmit to the Company or other users or other persons (hereinafter, "post") any comments, information or other materials (“User-Generated Information”). You are fully responsible for any and all User-Generated Information you post including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any third party, for the content and accuracy of any Use-Generated Information.
Such User-Generated Information must comply these Term of Use and will be treated as non-confidential and non-proprietary. By posting any such User-Generated Information, you represent to Company and the other users of its Website(s) that you own or have the right to reproduce, post or otherwise provide the User-Generated Information on the Website(s). Unless otherwise specifically stated in any additional terms and conditions that apply, you retain whatever ownership you may have in the User-Generated Information you post, but by posting them to a Company Website, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such User-Generated Information in any way and for any purpose whatsoever. The Company will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the User-Generated Information to others, without limitation.
LINKS FROM THE WEBSITE
If our Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
We are incorporated in the state of Delaware and our headquarters is located in the Commonwealth of Massachusetts in the United States. Our Websites are designed for use only by persons located in the United States. We make no claims that our Websites or any of their content is accessible or appropriate outside of the United States. Access to our Websites may not be legal by certain persons or in certain countries. If you access or use our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITES, OR ON ANY WEBSITES LINKED TO OUR WEBSITES.
YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.