Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE

This site is owned by KaloBios Pharmaceuticals, Inc. Your use of this website is subject not only to these Terms of Use, but also to this site’s Privacy Policy, the terms of which are incorporated into these Terms of Use. By accessing and using this website (this “Site”), you acknowledge that you are at least 18 years of age and have read and accept these Terms of Use. If you do not agree to all of the terms and conditions of use, do not use this website. KaloBios may modify the website, and the rules and regulations governing its use at any time, and by continuing use of the website after such changes are posted, you are deemed to have accepted those changes. You further agree that you accept any and all responsibility and liability related to the use of this website. These Terms of Use constitute a binding legal agreement between you and KaloBios, Inc. (“KaloBios,” “we,” “us,” and “our”).

1. PURPOSE OF SITE. This Site is for information purposes only. This Site and its content herein should not be used by you for diagnosing a health or fitness problem or disease. For further information about KaloBios products, please consult your physician or medical advisor.

2. USE OF CONTENT; INTELLECTUAL PROPERTY. The content of this Site, including but not limited to the information, materials, images and product names (the “Content”), is protected under applicable copyright and trademark laws. Unless otherwise identified as being owned by another entity, all product names identified by ™ or ® symbols are trademarks owned by or licensed to KaloBios or its affiliates. The Content may not be copied, downloaded and stored in a retrieval system, modified, redistributed, or republished in any way, except that you may download one (1) copy of the Content for your personal informational and noncommercial use only, as long as all copies of the Content retain all copyright, trademark, and other proprietary notices and disclaimers. Nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of KaloBios or any third party.

3. HYPERLINK SITES. This Site contains hypertext links to other websites (“Hyperlink Sites “). Hyperlink Sites are not KaloBios websites. If you access a Hyperlink Site you do so at your own risk. KaloBios does not control or endorse any Hyperlink Site, including its content. KaloBios makes no representations or warranties whatsoever as to a Hyperlink Site including but not limited to a Hyperlink Site’s availability or its content. KaloBios IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

4. INFORMATION. Except as otherwise required under KaloBios’s Privacy Policy, any information received by KaloBios from third parties, in the form of questions, comments, suggestions or the like regarding the content of this publication or any other aspect of the business of KaloBios shall be deemed to be non-confidential and KaloBios shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. KaloBios shall be free to use such information, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products based upon or incorporating such information.

5. DISCLAIMER OF WARRANTY. THIS SITE IS PROVIDED BY KaloBios ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THIS SITE IS AT YOUR OWN RISK. KaloBios MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE (INCLUDING ITS AVAILABILITY) OR THE PRODUCTS, MATERIALS, OR CONTENT INCLUDED ON THIS SITE. FURTHER, KaloBios EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND EXPLICITLY DISCLAIMS ANY DUTY TO DO SO. KaloBios ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND AS SUCH YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM YOUR USE OF THIS SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, KaloBios DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

6. LIMITATION OF LIABILITY; INDEMNITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KaloBios, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR A HYPERLINK SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. PLEASE CHECK IF SUCH LAWS APPLY TO YOU. You agree to indemnify and hold KaloBios, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site or Content, including without limitation these Terms of Use.

7. MODIFICATIONS. KaloBios reserves the right to modify this Site including its Content, policies, and Terms of Use at any time without prior notice to you.

8. SEVERABILITY. If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

9. GOVERNING LAW AND JURISDICTION. In the event of any dispute between you and KaloBios or its affiliates arising under or from these Terms of Use or your use of this Site, such dispute shall be governed and construed under the laws of the State of California without regard to principles of conflict of laws.

10. GENERAL. KaloBios’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. These Terms of Use compose the entire agreement between you and KaloBios and supersede all prior agreements between the parties regarding the subject matter contained herein.