TERMS OF USE
 

This website, www.axovant.com (“Website”), is an Internet site maintained by Axovant Gene Therapies Ltd. and its respective divisions, subsidiaries and affiliates (“Axovant Gene Therapies”), and is intended for U.S. audiences only.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE OF THIS WEBSITE (“TERMS OF USE”) AND THE AXOVANT GENE THERAPIES PRIVACY POLICY (“PRIVACY POLICY”) (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). You may also be subject to other terms and conditions that are posted on Axovant Gene Therapies website specific to a particular program or service. If you do not agree with the Terms of Use or with the Privacy Policy, or other terms and conditions on this Website, then do not use this Website. Axovant Gene Therapies reserves the right, at its sole discretion, to change the Terms of Use at any time. Please check the Terms of Use periodically for changes. Using this Website following the posting of changes to the Terms of Use shall constitute your acceptance of the revised Terms of Use.

Appropriate and Lawful Use of the Website

You agree not to use the Website or any Contents (as defined below): (a) in violation of these Terms of Use or any applicable law, rule or regulation (“Law”); (b) to transmit any unsolicited or unauthorized advertising or promotional materials; (c) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (d) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) to interfere with or disrupt the Website or any software, hardware, telecommunications equipment or networks used by us; (f) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (g) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website or (h) interfere with other users’ use and enjoyment of the Website (for example, by spamming, soliciting or overly promoting personal interests).

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (1) accessing data not intended for such user or logging onto a server that you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) engaging in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information (provided, however, such scraping for search engine optimization purposes is permitted).  Violations of system or network security may result in civil or criminal liability.  We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the Website.

As between the parties, the technology and software underlying the Website is our property (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Axovant Gene Therapies.

 

Axovant Gene Therapies may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. Axovant Gene Therapies may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

Privacy Policy

The Privacy Policy is designed to provide you control over your Personal Information (as defined in the Privacy Policy). More about the Privacy Policy.

Axovant Gene Therapies Content

This Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of Axovant Gene Therapies and/or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Except as otherwise expressly permitted under the Terms of Use, you may only download, display and print not more than three (3) copies of the Contents solely for your personal, non-commercial use, provided that you do not modify the Contents in any way and you keep intact all copyright, trademark, patent and other proprietary notices. You may not otherwise copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of Axovant Gene Therapies without the express written permission of Axovant Gene Therapies. Any information about diseases, conditions, treatments, or medicines, are for informational purposes only.  The Contents are not intended to be and is not a substitute for professional medical advice, diagnosis, or treatment.

Axovant Gene Therapies Trademarks

The trademarks, logos, brand names, and service marks (“Trademarks”) appearing on this Website and the goodwill associated with them are the property of Axovant Gene Therapies and/or its licensors/providers. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

No Warranties or Liability

THE WEBSITE AND THE CONTENTS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. AXOVANT GENE THERAPIES, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE.

AXOVANT GENE THERAPIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, TITLE, NONINFRINGEMENT, MERCHANTABILITY,  FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.  ).  IN PARTICULAR, AXOVANT GENE THERAPIES DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT YOUR ACCESS TO THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.  AXOVANT GENE THERAPIES DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. AXOVANT GENE THERAPIES DISCLAIMS ALL EQUITABLE INDEMNITIES. 

AXOVANT GENE THERAPIES ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE. IN NO EVENT SHALL AXOVANT GENE THERAPIES BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, THE CONTENTS, THE PRIVACY POLICY OR THE TERMS OF USE.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AXOVANT GENE THERAPIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE,  (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH THE WEBSITE OR (C) ANY LOSS OF DATA.  SHOULD AXOVANT GENE THERAPIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

 

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 and disclaimers may not apply to you.  To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of Axovant Gene Therapies will be the minimum permitted under such applicable Law.

Indemnity

You agree to release, indemnify, defend and hold harmless Axovant Gene Therapies and all of our affiliates, and our and their successors, assigns and licensees, together with any of their respective officers, directors, representatives, contractors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third party relating to or arising out of your use of this Website, or any breach or violation of the Terms of Use or any other terms and conditions contained on this Website.

Links to Other Websites

This Website includes many links to third-party sites. You may access these sites directly or through this Website. You may also be subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by Axovant Gene Therapies, and Axovant Gene Therapies has not reviewed or approved the terms of use or other policies governing such sites. Axovant Gene Therapies does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Your User Content and Communications

Our Website may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, inaccurate, misleading or otherwise injurious to third parties.

By posting or submitting User Content on this Website, you hereby grant Axovant Gene Therapies an unrestricted, transferable, sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, modify, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Axovant Gene Therapies in connection with Axovant Gene Therapies exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that Axovant Gene Therapies is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that: (i) you own or otherwise control all of the rights in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever; (ii) sharing the User Content will not cause injury to any person or entity, including any privacy or security risk; and (iii) if User Content includes any feedback about us, our Website or our products, you represent that your feedback is entirely your original work. You agree to indemnify and hold Axovant Sciences harmless from all actual and incidental costs and fees associated with Axovant Sciences defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees.

Axovant Sciences reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Axovant Gene Therapies has no obligation to display or post any User Content. Axovant Gene Therapies reserves the right to disclose, at any time and from time to time, any information or User Content that Axovant Gene Therapies deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. Axovant Gene Therapies shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.  Any opinions, advice, statements, views, positions, services, offers, or other third party content expressed or made available on the Website are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position.

Copyright Infringement

Axovant Gene Therapies is committed to respecting others intellectual property rights, and we ask our users to do the same. Axovant Sciences may, in its sole discretion, terminate the access rights of users who violate others intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, please deliver the following information to Axovant Gene Therapies:

Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner

  • A description of the copyrighted work that you claim has been infringed

  • A description of where the material that you claim is infringing is located on our Website

  • Your address, telephone number, and e-mail address so that we may contact you

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Axovant Gene Therapies Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

 

Axovant Gene Therapies, Inc.
General Counsel
11 Times Square, 33rd Floor
New York, NY 10036
United States

A copy of the notice and supporting materials should also be mailed to the address above.

Governing Law and Jurisdiction


You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of New York and you irrevocably consent to the jurisdiction of those courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our websites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF OUR WEBSITES OR THESE TERMS.

Forward Looking Statement

This website may include “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. Axovant Gene Therapies undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in ’s most recent Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at www.sec.gov.

 

Electronic Communications Notice

When you use our websites or send emails to us, you are communicating with us electronically.  You consent to receiving communications from us electronically.  We may communicate with you by email or posting notices on the applicable website.  You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  In order to access any such communications, you must have a computer or other Internet-enabled device.  In order to retain copies of any such communications, you must have a printer or data storage device.  If you have a printer, you may print paper copies of any such communications for your own use.  If you wish to withdraw your consent for us to communicate with you electronically, you may not use our websites.

 

 

Mobile Website

 

Our websites may include certain services that are available via a mobile device, including (i) the ability to upload content to our websites via a mobile device and (ii) the ability to browse our websites from a mobile device (collectively, the “Mobile Website”). To the extent you access our Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Mobile Website may be prohibited or restricted by your carrier, and not all aspects of the Mobile Website may work with all carriers or devices. By using the Mobile Website, you agree that we may communicate with you regarding Axovant Gene Therapies by electronic means and that certain information about your usage of the Mobile Website may be communicated to us.

 

 

Miscellaneous 

These Terms of Use, together with the Privacy Policy and any additional terms of use made available by Axovant Gene Therapies constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of our websites, superseding any prior agreements or negotiations between us with respect to that subject matter.  Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

See also:

Privacy Policy

The Terms of Use are effective as of: November 7, 2018

AXOVANT GENE THERAPIES

Eleven Times Square, 33rd Floor
New York, NY 10036
United States

+1-833-AXOVANT (1-833-296-8268)

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AXOVANT SCIENCES GMBH

Viaduktstrasse 8
4051 Basel
Switzerland