Terms and Conditions of Use (“Terms”)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS STUDY WEBSITE.

These terms and conditions of use describe the terms and conditions applicable to your use of any website run by Apellis Pharmaceuticals Inc. (“Apellis”). By using this website, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use this website.

Apellis may modify this website and the rules and regulations governing its use, at any time. Modifications will be posted on the website, so please check back when you use the website. By continuing use of the website after such changes are posted you will be accepting such changes

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE AND IS AIMED EXCLUSIVELY AT ADULT USERS IN EUROPE

The content on this website is intended to be a general information resource in regard to the subject matter covered, but is provided solely on an “as is” and “as available” basis as noted on these Terms and Conditions of Use. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. Apellis is not engaged in rendering medical or similar professional services or advice via this website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Apellis publication of this content as an endorsement by Apellis of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.

By using this website, you represent that you are at least 18 years old.

Use of This Website and Its Content
Apellis created and maintains this study website to determine whether you prequalify for a clinical trial, the NOBLE Study in accordance with the eligibility criteria, for which we may be identifying potential patients, or to identify a clinical research center in your area. Apellis is the sponsor of the NOBLE Study and has hired the external provider, X Factor Advertising, to support trial recruitment activities.

You may use this website, provided you comply with these Terms. You may download, view, replay, copy and print content on the website, subject to the following:

  • Content may be used solely for non-commercial, personal informational purposes;
  • Any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page;
  • The content may not be modified or altered in any way; and
  • No graphics may be used separate from accompanying text.

Nothing contained on this website should be construed as granting any license or right to use this website or any content on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Apellis.

Intellectual Property Rights
All content of this website is protected by Swiss, U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in this website without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Apellis or any third party. Unauthorized use of any Apellis trademark, service mark or logo may be a violation of Swiss trademark laws.

Links
This website may contain links to websites operated by other parties. The linked websites are not under the control of Apellis, and Apellis is not responsible for the content available on any other websites linked to this website. Such links do not imply Apellis’s endorsement of material on any other website, and Apellis disclaims all liability with regard to your access to such linked websites. Apellis provides links to other websites as a convenience to users, access to any other websites linked to this website is at your own risk and you are responsible for learning about and complying with the terms of use and other conditions posted on those websites.

Limitation of Liability and Disclaimer of Warranties
Your use of this website and the materials is at your own risk. Changes can and will be made to this website and materials and at any time. It is your responsibility to monitor such changes.

Although this website can be accessed from users outside the European Union, the content and materials provided on this website are intended for us by residents of the European Union only. Access to the materials may not be appropriate by certain persons or in certain countries. If you access this website from outside of the European Union, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Apellis does not warrant that the website will operate error-free or that this website and its server are free of computer viruses and other harmful goods. If your use of this website results in the need for servicing or replacing equipment or data, Apellis is not responsible for those costs. You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your own virus protection software. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which this website is stored, or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

THIS WEBSITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS’ ‘AS AVAILABLE’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. APELLIS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE CONTENT ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. IT IS YOUR RESPONSIBILITY TO ASCERTAIN WHETHER ANY CONTENT DOWNLOADED FROM THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE. ALTHOUGH THE CONTENT OF THIS WEBSITE IS UPDATED PERIODICALLY, WE DO NOT HAVE A DUTY TO UPDATE ANY SUCH CONTENT, AND WE WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH CONTENT. APELLIS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT AND DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CONTENT CONTAINED IN THIS WEBSITE BEFORE RELYING UPON IT. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above exclusion may not apply to you.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION SHALL NOT APPLY TO ANY DAMAGES ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY APELLIS NEGLIGENCE.

EXCEPT AS SET OUT ABOVE, AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APELLIS, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THIS WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE 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 ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE AND THE MATERIALS OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APELLIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APELLIS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

If you are dissatisfied with any portion of the website, content and/or with these Terms, your sole and exclusive remedy is to discontinue use of the website.

Copyrights and Trademarks
This website, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes, is the property of Apellis Pharmaceuticals Inc. and its affiliates and licensors and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. The trademarks and logos displayed on this website are trademarks of Apellis except as otherwise noted. Nothing on this website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.

Indemnification
You agree to release, defend, indemnify, and hold harmless Apellis from and against any losses, damages, expenses, claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of this website or the materials or your violation of any rights of another party. Apellis shall provide notice to you of any such claim, suit, or proceeding. Apellis reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Apellis’ defense of such matter.

Governing Law
This website is operated by Apellis Pharmaceuticals and its use shall be the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Apellis makes no representation that the material published on this site is accurate in any jurisdiction outside Massachusetts and access to this site from outside Massachusetts at the user’s risk. Those who choose to access an Apellis website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Severability
If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

QUESTIONS
If you have any questions about these Terms and Conditions of Use, please contact us at:

Apellis Pharmaceuticals Inc.
100 Fifth Avenue
Waltham, MA 02451
USA

These Terms were last revised on October 2, 2020.