1. Accuracy of Information
The information on our Web site is provided to you for information purposes only and does not constitute investment advice. We attempt to be as accurate as possible when providing you with information about us on the Web site; however, to the extent permitted by applicable law, we do not warrant that the content available on the Web site is accurate, complete, reliable, current or error-free. We reserve the right to add, modify, correct or delete any information to or from the Web site at any time without any notice. We make no commitment, however, to update or correct such information.
b. Forward-Looking Statements
We and our representatives from time to time make written or oral forward-looking statements, including statements contained in the Web site, in press releases and in filings with the Securities and Exchange Commission, and in our reports to stockholders. The words and phrases “will likely result,” “expects,” “believes,” “will continue,” “is anticipated,” “estimates,” “projects” or similar expressions are intendedto identify “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These statements include, without limitation, our expectations regarding sales, earnings or other future financial performance and liquidity, product introductions, entry into new geographic regions, new methods of sale and future operations or operating results. Although we believe that our expectations are based on reasonable assumptions within the bounds of our knowledge of our business and operations, there can be no assurance that actual results will not differ materially from our expectations. Factors that could cause actual results to differ from expectations include risks associated with product discovery and development as well as risks detailed from time to time in ContraFect’s public disclosure filings with the SEC, including its most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q. There can be no assurance that such development efforts will succeed, that such products will receive required regulatory clearance or that, even if such regulatory clearance were received, such products would ultimately achieve commercial success. Copies of ContraFect’s public disclosure filings are available on this web site or through the SEC’s web site at http://www.sec.gov.
2. Intellectual Property
All content available on the Web site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of ContraFect, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Web site (collectively, the “Trademarks”) are the registered and unregistered marks of ContraFect, our affiliates, our partners or our licensors, in the United States and other countries. All Trademarks not owned by us, our affiliates or our partners that appear on the Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Web site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
3. Disclaimers And Limitation Of Liability
You expressly agree that use of this site is at your sole risk. Neither ContraFect, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, warrant that this Web site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this Web site or the results that may be obtained from the use of the information provided on this Website, or as to the accuracy, reliability, or currency of any information or content provided through this Web site. ContraFect and its affiliates and subsidiaries, and their officers, directors, employees, representatives or agents are collectively referred to as “ContraFect .”
THIS WEB SITE IS PROVIDED BY CONTRAFECT ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONTRAFECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTRAFECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CONTRAFECT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS WEB SITE, EVEN IF CONTRAFECT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONTRAFECT’S LIABILITY EXCEED $250.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CONTRAFECT SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall ContraFect or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this Web site’s records, programs, or services. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
4. Links To Other Sites
This Web site may reference or link to third-party sites throughout the World Wide Web. ContraFect does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this Web site unless that fact is expressly stated. ContraFect has no control over these sites or the content within them. ContraFect cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. ContraFect does not warrant that any third-party site will not contain viruses or otherwise impact your computer. ContraFect does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
You agree to defend, indemnify, and hold ContraFect harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
6. Applicable Law
This Web site is created and controlled by ContraFect in the State of New York. As such, the laws of the State of New York will govern these terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal or state courts located in the County of New York, State of New York for any litigation arising out of or relating to your use of this Web site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in such courts and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.
7. Modification And Severability
ContraFect reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Web site. Please check this page of the Web site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.