“89bio” is a trademark that belongs to Us. Other trademarks, names and logos (“Trademarks”) on this Website are the property of either Us or Our third-party licensors. Use of any Trademarks included on the Website is strictly prohibited without the express written consent of Us or the applicable Trademark owner or licensor.
Without limiting the restrictions above, we grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website, provided such use excludes use of any personal information which may be found on the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without Our prior written consent.
The limited license set forth in this section does not include the right to: (i) modify the Website or all or any part of the Content; (ii) make any use of the Website or all or any part of the Content other than personal, non-commercial use; (iii) create any derivative work based upon either the Website or its Content; (iv) remove copyright or Trademark notices or other proprietary rights notices contained in the Website or the Content; (v) use any meta tags or any other “hidden text” utilizing Our name or the Trademarks without Our express written consent; (vi) introduce any unauthorized computer code, device, software routines, program or other feature embedded by anyone designed to disrupt, disable, or harm in any manner the operation of the Website, such as (without limitation) any virus, Trojan horse, worm, time bomb, automatic shutdown, software lock, drop dead device, malicious logic, trap or back door, botnet, malware; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Our infrastructure.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy available to Us under applicable law.
THIS WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE OR THE CONTENT IS WITH YOU.
WITH RESPECT TO THIS WEBSITE AND ANY CONTENT, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE OR CONTENT IS ACCURATE, RELIABLE, USEFUL OR OTHERWISE FREE OF PROBLEMS. Without limiting the foregoing, We make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to any results that come from the use of this Website or as to the accuracy or reliability of any Content or information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our affiliated companies shall create any warranty. We disclaim all equitable indemnities.
While there may be information contained within the Website or Content related to certain medical conditions and/or their treatment, should a medical condition exist, consult with your own physician or health care professional. THE CONTENT AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATED TO YOU DIRECTLY THROUGH THE CONTENT, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT OF ANY HEALTH CONDITION OR PROBLEM. You should not rely on information contained via the Website for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Questions should be addressed to a physician or other health care professional. WE DO NOT, THROUGH THE WEBSITE OR OTHERWISE, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, TREATMENTS OR DIAGNOSTIC SERVICES. Your doctor or other health care professional, as a learned intermediary, is in the best position to access, and provide information, about your medical condition and any treatment options. Use of the Website or Content does not in and of itself create an express or implied physician-patient relationship. In using the Website, you agree that We are not, or will not be, liable or otherwise responsible for any decision made or any action taken or any action not taken due to Your use of the Website. PLEASE CONSULT YOUR HEALTHCARE PROVIDER FOR ALL MEDICAL ADVICE OR QUESTIONS.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT TO OR FROM THIS WEBSITE OR OTHERWISE IN CONNECTION WITH YOUR USE OF ANY CONTENT OR THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
We control and operate this Website from Our headquarters in the United States of America and this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, you are solely responsible for following applicable local laws.
Any submissions by you to Us that are comments, questions, suggestions, ideas or materials relating to Our Products, services or the Website (“Feedback”) no matter how submitted (e.g., call, email, submission form on the Website) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
If you submit any data or content to or through the Website other than Feedback (“User Submission”), you grant Us certain rights in such User Submissions. Please note that the following license is subject to Our Privacy Statement to the extent that User Submissions also include your personally-identifiable information. For all User Submissions, you hereby grant Us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a smart phone as well as a computer) display, reproduce and otherwise act with respect to such User Submissions in the conduct of Our business.
You agree that the license you grant Us is royalty-free, perpetual, sublicensable, irrevocable, and worldwide, subject to any limitations that may apply pursuant to applicable law.
We and Our representatives from time to time make written or oral forward-looking statements including statements contained on the Website, in press releases, filings with the U.S. Securities and Exchange Commission (“SEC”), and Our reports to stockholders that involve risks and uncertainties relating to future events and future performance of 89bio. The words and phrases “will likely result,” “expect,” “believes,” “will continue,” “is anticipated,” “estimates,” “projects,” “intends,” “seeks” or similar expressions are intended to identify such forward-looking statements, although not all forward-looking statements contain these identifying words. These statements include, without limitation, the nature, timing, and possible success and therapeutic applications of products marketed or otherwise commercialized by Us and/or Our collaborators (collectively, “Our Products”) and product candidates being developed by Us and/or Our collaborators (“Our Product Candidates”) and research and clinical programs now underway or planned; uncertainty of market acceptance and commercial success of Our Products and Our Product Candidates and the impact of studies (whether conducted by Us or others and whether mandated or voluntary) on the commercial success of Our Products and Our Product Candidates; and the likelihood, timing, and scope of possible regulatory approval and commercial launch of Our Product Candidates and new indications for Our Products. A more complete description of these and other material risks can be found in Our filings with the SEC, including Our most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on From 10-Q, which are incorporated by reference herein. Copies of Our public disclosure filings are available on this Website or through the SEC’s website at https://www.sec.gov. Any forward-looking statements are made based on management’s current beliefs and judgment, and the reader is cautioned not to rely on any forward-looking statements made by Us. We do not undertake any obligation to update (publicly or otherwise) any forward-looking statement, including without limitation any financial projection or guidance, whether as a result of new information, future events or otherwise.