1. Acceptance of Terms
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and that all registration and other information you submit is accurate and truthful. Histogenics may, in its sole discretion, refuse to offer the Service, or any part thereof, to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
4. Rules and Conduct
5. Use of Information
6. Securities Laws
The Site may include statements concerning Histogenics’ operations, prospects, strategies, financial condition, future economic performance and demand for Histogenics’ products or services, as well as its intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Histogenics’ securities-related filings or documents.
7. Third Party Sites
The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Histogenics’ control, and you acknowledge that Histogenics is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Histogenics or any association with its operators.
8. Proprietary Rights
You agree that all content and materials delivered or otherwise made available via the Site and/or the other parts of the Service are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws. Except as expressly authorized by Histogenics in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein.
10. No Warranties
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE, OTHER PARTS OF THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HISTOGENICS, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SITE OR OTHER PARTS OF THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND/OR OTHER PARTS OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
11. Limitation of Liability
IN NO EVENT SHALL HISTOGENICS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE OR ANY CONTENT) (1) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (2) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (3) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIVE U.S. DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Governing Law
14. Copyright and Trademark Notices
Histogenics Corporation and the Histogenics logo are trademarks of Histogenics Corporation. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
You may contact Histogenics Corporation at the following address:
830 Winter Street, 3rd Floor
Waltham, MA 02451