Terms and Conditions of Use
This website (the "Site") is owned, operated and sponsored by Eiger BioPharmaceuticals, Inc. ("Eiger") and provides general information regarding Eiger, its products and products in development, its research and development services, events, and job listings ("Services"). Your access to and use of the Site, Services and any other Content (as defined in Section 1, below) are subject to this Terms of Service and Conditions of Use Agreement ("Agreement"). You also agree to comply with all applicable law in connection with your use of this Site, and such further limitations as may be set forth in any written or on-screen notice from Eiger.
Please read this Agreement carefully. By using the Site, Services or Content, you agree to abide by the terms, conditions, and notices set forth in this Agreement. You further agree that you are of the age of majority in the jurisdiction in which you are viewing this Site and that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement.
Eiger reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms of this Agreement. Your use of the Site, Services or Content after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you choose not to accept this Agreement, you must immediately discontinue your use of the Site, Services, or Content. The date of the last revisions made to the terms of this Agreement is indicated below.
1. Intellectual Property Rights
Unless otherwise noted, all intellectual property rights, including without limitation all copyright, in the text, images, photographs, graphics, user interface, software, tools, and other content or technology provided on or through the Site ("Content"), and the selection, coordination, and arrangement of such Content, are owned by Eiger or its third-party licensors, and are protected under all copyright and other applicable intellectual property and proprietary right laws of the United States and other countries.
You agree that you will not, and will not permit, assist or allow others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or recreate the Services, Content, or any associated software or technology. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, Content, or associated software or technology, in whole or in part, without Eiger's express written consent.
No Content, Services, or other part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Eiger authorizes you to view, copy, download and print for individual use pages or documents available from the Site, subject to the following conditions:
- The pages or documents may be used solely for personal, non-commercial, and informational purposes.
- The pages or documents may not be modified in any way.
- No copyright, trademark, or other proprietary notices may be removed from any of the pages or documents.
2. Trademark Rights
All rights in the Eiger marks and logos, and in all other marks, logos, and product or service names displayed on the Site (collectively, the "Eiger Marks") are owned by Eiger or its third-party licensors and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Eiger Marks is expressly prohibited, and nothing herein or implied through the use of the Services confers on you any license or right in or to the Eiger Marks.
3. External Links
The Site may contain links to other sites on the Internet. These other sites are not under Eiger's control, and you agree that Eiger is not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or accessibility of such sites. Eiger's inclusion of such a link does not in any way imply Eiger's endorsement of the linked site or, except as expressly stated in the Site, any association with the operators of such linked sites.
You are prohibited from violating, or attempting to violate, the security of this Site or of any Services or Content provided herein. Any violations may result in criminal or civil liability to you. Eiger reserves the right to investigate any alleged violations and to cooperate with law enforcement agencies. Examples of security violations include, but are not limited to, the following:
- Accessing data not intended for you;
- Providing false or inaccurate biographical information or other information for the purposes of contacting Eiger, using the Services, and/or requesting information from Eiger;
- Attempting to probe, scan, or test the vulnerability of the Site and its Services; and/or
- Attempting to interfere with the Services.
Violations of system or network security may result in civil or criminal liability. Eiger will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting individuals involved in such violations.
5. Unacceptable Use
You agree to access this Site and to use the Services and Content only for legitimate purposes. Without limitation to the foregoing, you agree not to:
- delete or revise any content or Services offered on the Site;
- upload, post, email, transmit or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- decompile, dissemble, or reverse engineer this Site or otherwise attempt to determine the Site's source code or trade secrets;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation;
- take any action that imposes an unreasonable or disproportionately large load on the Site 's infrastructure;
- upload, post, email, transmit or otherwise make available any information that you know, or reasonably should know, is false, misleading, or otherwise inaccurate, including without limitation any false or inaccurate biographical information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of this Site or the Services; and/or
- intentionally or unintentionally violate any applicable local, state, national or international law.
6. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide Eiger's Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that Eiger may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- 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.
Eiger's Copyright Agent for Notice of claims of copyright infringement on the Service is Matthew Bys who can be reached as follows:
Eiger will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
7. Termination Rights
Eiger reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site or to any of the Services or Content and/or to remove any Content posted on the Site or through your use of the Services, at any time and for any reason, without notice.
8. Representations, Warranties and Covenants
You represent, warrant and covenant to Eiger as follows:
- You have the authority to enter into this Agreement and to perform the obligations hereunder;
- You are and will continue to be in compliance with this Agreement and all applicable laws, statutes, rules, regulations and policies;
- You will not use this Site, Services or Content for any unauthorized or unlawful purpose, nor will you utilize or permit any third party to use this Site or the Services for any unauthorized or unlawful purpose;
- You will take all necessary precautions to preserve the privacy of other users and the security of the Site, Services and Content in accordance with this Agreement; and
- You will not upload, post, email, transmit or otherwise make available via the Site or Services any false or inaccurate biographical or other information.
You agree to defend, indemnify and hold harmless Eiger, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, obligations, judgments, costs, charges and expenses, including reasonable attorneys' fees, arising out of, in connection with or based upon, (i) your breach of any representation or warranty made herein; (ii) your use of, or inability to use, the Site, Services or Content, (iii) the content or information you submit, post, transmit or make available through the Site or Services; (iv) your connection to the Site or Services, or (v) your violation of any rights of another. You shall not settle or dispose of any threatened or pending claim in a manner that would prejudice Eiger, without Eiger's prior written consent. This section shall survive any termination of this Agreement.
10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EIGER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- EIGER MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR CONTENT OFFERED HEREIN WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS AND USE OF THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU IN THE PUBLICLY ACCESSIBLE AREAS OF THE SITE, SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS, AND (iv) ERRORS IN ANY SOFTWARE USED BY EIGER, OR PROVIDED TO YOU BY EIGER, WILL BE CORRECTED.
- DOWNLOADING OR ACCESSING ANY CONTENT OR SERVICES THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EIGER OR THROUGH OR FROM THE SITE, SERVICES OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EIGER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EIGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, SERVICES OR CONTENT; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. EIGER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. General Information
Unless otherwise expressly agreed in writing by Eiger, this Agreement constitutes the entire agreement between you and Eiger and governs your use of the Site, Services and Content offered herein, unless superseded by any other agreements between you and Eiger. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eiger as a result of this Agreement.
THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND EIGER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND EIGER AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF CALIFORNIA .
Eiger's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If a court of competent jurisdiction finds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that you must file any claim or cause of action arising out of or related to use of the Site, Services or Content or this Agreement not later than one (1) year after such claim or cause of action arises, and that otherwise any such claim or cause of action will be forever barred.
Any information supplied by Eiger, or any of its employees or agents, through this Site or any other means of communication, is intended solely as general guidance, and does not constitute legal, tax, accounting, medical or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals.
A printed version of this Agreement and of any notice given by Eiger in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Contact Information
Should you have any questions about this Agreement or your use of the Site, Services or Content, please contact Eiger at the following address:
Eiger BioPharmaceuticals, Inc.
3350 W Bayshore Road, Suite 120
Palo Alto, CA 94303
Attention: Matthew Bys
(Last Updated: April 2009)
Eiger BioPharmaceuticals, Inc.
3350 W Bayshore Road, Suite 120 | Palo Alto, CA 94303, USA | FAX: (650) 320-9901
Copyright 2009 Eiger BioPharmaceuticals, Inc. All Rights Reserved.