ABSCI TERMS AND CONDITIONS
2. SEC Filings and Forward Looking Statements.
The Website and Content may contain forward-looking statements regarding our future operating or financial performance, business plans and prospects, and our expectations regarding development timelines, and discussions with regulatory authorities related to technology, products and services under development or being commercialized by us and our collaboration partners, if any. Such statements are based on our current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements, including without limitation those identified in our filings with the U.S. Securities and Exchange Commission (“SEC”), which are available through Internet links contained on the Website at: https://investors.absci.com/. The information presented on the Website is believed to be current as of the date of its original publication. We do not intend to update any forward-looking statements after such date to conform these statements to actual results or to changes in our expectations, except as required by applicable law, rule or regulation (“Law”). Please note that while our filings with the SEC are available on or through Internet links contained on the Website, no information or Content contained on or through the Website is incorporated by reference into or considered to be part of such filings, unless otherwise expressly noted therein.
3. Use of the Website and Content.
3.1 This Website contains material and content, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). The Content is for informational purposes only and the Website is intended to provide information about the Company and its affiliates’ research, development, and commercialization activities and information required by applicable Law. The identification or description of technology, products or services of the Company or third parties on the Website, or of any future or potential products or services of the Company or third parties on the Website, is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such technology, products and services or that such technology products or services may be offered or available in the future.
The Content may include scientific, health or medical-related information or material; this information or material only describes general principles of science, health care or medicine, and is for reference only. The Content is not intended or implied to be a substitute for professional medical diagnosis or treatment by a medical or health care professional. You are encouraged to confirm any information or advice contained in the Content with other sources. The Company cannot answer unsolicited emails requesting personal medical or scientific advice.
Content cannot and should not be used to determine or as a basis for diagnosis or choice of treatment for medical care, or for any business decision. No information on the Website is provided with the intention to give advice or instructions on the accurate use of our or our collaboration partners’ technology, products or services for the treatment or diagnosis of any medical condition, or for any scientific or technological uses. In no event will the Company be liable for any decision made or action taken in reliance on the Content, and reliance thereon is solely at your own risk. THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ACTION, INACTION, ADVICE, SERVICES, ANALYSIS OR INFORMATION BY ANY PERSON, INCLUDING ANY HEALTHCARE PROVIDER, USING OR ACCESSING THIS WEBSITE.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING IN THE CONTENT OR ACCESSED THROUGH THE WEBSITE. IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
3.4 The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or services on such External Sites. The content of External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content or services on any External Sites.
We are not responsible for the content or services of or available on any linked External Sites and do not make any representations regarding the accuracy, legality, availability, reliability, or completeness or any such content or services on such External Sites. You should take precautions when downloading files from all Websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. Any dealings you have with third parties while using the Website or any External Site are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any External Site or the materials or services available in connection therewith.
3.6 Any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. Limitation of Liability and Disclaimer of Warranties.
4.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
4.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.4 IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 4.1 AND 4.2 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
4.5 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION WITH A SIMILAR STATUTE, YOU WAIVE ANY SUCH RIGHTS UNDER SAID STATUTE.
6.1 The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
7. Applicable Laws.
7.1 This Website is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction.
7.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the Laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
8. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government and any successor or assign is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.