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Important Legal Information
Forward-Looking Statements
Eyetech Pharmaceuticals, Inc. Privacy and Data Protection Policy
Warranties
Indemnity
Links
Proprietary Rights
Disclaimers
Limitation of Liability
Exclusions and Limitations
General Information
Violations
Important Legal Information
- The materials contained in this Web site (the "Web site") and correspondence received from the Web site, together ("Web site Materials") are presented for information purposes only. The material is in no way intended to replace professional medical care or attention by a qualified practitioner.
- Web site Materials cannot and should not be used as a basis for diagnosis or choice of treatment.
- Eyetech strongly advises all users with health problems to consult a doctor or other health professional.
- This site contains information that was believed current as of the date of inclusion in the site. While we may periodically update or correct information in this site, we make no representation or warranty as to its accuracy, and we disclaim any obligation to update this information.
Eyetech provides the services described in the Web site (the "Services"), subject to the following Conditions for Use ("Conditions"), which may be updated by Eyetech from time to time without notice to you. You are bound by any such revisions and therefore should review the Conditions each time you visit the Web site for changes. Your use of the Web site is subject to, and constitutes acceptance of, the then-current Conditions.
1. Forward-Looking Statements
This Web site contains "Forward Looking Statements" as defined in the Private Securities Litigation Reform Act of 1995. Such statements are identified by the use of words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with any discussion of future operating or financial performance. Such statements are based on management's current expectations and are subject to certain factors, risks and uncertainties that may cause actual results, events and performance to differ materially from those referred to or implied in such statements. These risks are identified in our most recent filings with the Securities and Exchange Commission, which are available through internet links contained in the Investor Relations section of this Web site. The information presented in this website is believed to be current as of the date of original publication. We do not intend to, and disclaim any obligation to, update any of the forward-looking statements after such date to conform these statements to actual results or to changes in our expectations, except as required by law.
2. Eyetech Privacy and Data Protection Policy
All personal data provided by you to Eyetech, whether via one of the Web site's forms or by participation in one or more of the Services is subject to our Privacy and Data Protection Policy, which is incorporated into these Conditions by reference.
Eyetech will only collect personal data you voluntarily provide to us, including "sensitive" personal data (e.g. relating to your racial or ethnic origin, political opinions, religious beliefs, sexual life, trade union membership, physical or mental health or civil or criminal offences). In particular, you consent to the disclosure of such personal data to third parties (including third parties outside of the European Economic Area) in order to enable us to provide information and the Services to you. Eyetech will use the personal data you provide for the specific limited purposes about which we inform you when we ask for such information. Eyetech keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
You agree to inform us promptly should you become aware that any personal data held by us about you is inaccurate and/or out of date. Accordingly, we do not accept liability for any loss, costs, damages, or distress caused to any person arising out of our reasonable reliance upon the accuracy of personal data that you provide to us. If you have submitted personal information through this Web site and wish us to cease using it for the purposes submitted, please contact us at 212-824-3100.
Unless we agree otherwise in writing, we require you to use any personal information that we supply to you about members of our staff and/or third parties only for the purposes for which such information is disclosed to you.
3. Warranties
You hereby warrant that you will not use the Web site to:
- upload, post, email, or otherwise transmit any information, data, software, sound, text, photographs, graphics, video, messages, and any other material ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, or otherwise transmit personal data about anyone other than yourself without that person's consent;
- upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- violate any applicable law or regulation in relation to your use of the Web site including, but not limited to, regulations promulgated by any securities exchange; or
- collect or store personal data about other users.
4. Indemnity
You hereby agree to indemnify Eyetech for any loss or damage of any kind incurred as a result of a breach of any of the warranties described in paragraph 3, above.
5. Links
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Eyetech does not have control over such sites and resources, you acknowledge and agree that Eyetech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Eyetech shall 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 such content, goods, or services available on or through any such site or resource.
6. Proprietary Rights
You acknowledge and agree that the Web site Materials, Services, and any information presented to you through the Web site or the Services contains proprietary information that is protected by copyrights, trademarks, service marks or other proprietary rights and laws, applicable intellectual property, and other laws. Except as expressly authorized by Eyetech or relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site Materials or the Services in whole or in part.
7. Disclaimers
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Eyetech expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Eyetech makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
No advice or information, whether oral or written, obtained by you from Eyetech or through or from the Services shall create any warranty or other obligation not expressly stated in the Conditions.
8. Limitation of Liability
To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Eyetech's negligence, Eyetech hereby excludes liability for any claims, loss, demands, or damages of any kind whatsoever with respect to the Services, and any information, content, advertisements, or products provided or distributed through the Services including, without limitation, direct, indirect, incidental or consequential loss, or otherwise and whether or not the possibility of such loss has been notified to Eyetech. The foregoing will apply whether such claims, loss, or damages arise in tort, contract, negligence, under statute, or otherwise. If you are a consumer your statutory rights, if any, are not affected.
9. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of paragraph 8 and 9 above may not apply to you.
In particular, nothing in these Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Eyetech.
10. General Information
These Conditions (including the guides and rules referred to herein) constitute the entire agreement between you and Eyetech and govern your use of the Services, superseding any prior agreements between you and Eyetech. The Conditions and the relationship between you and Eyetech shall be governed by the laws of New York. You and Eyetech agree to submit to the exclusive jurisdiction of the New York courts.
Any failure by Eyetech to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction 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 the Conditions remain in full force and effect.
11. Violations
We recommend users who find inappropriate content to contact us immediately at 212-824-3100. In addition, we reserve the right to remove all material that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented, illegal material(s) that is/are in any way contrary to accepted morality and behavior.
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