TERMS OF USE

 

Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. Your access to and use of the Site and the information, materials, products, and services available through the Site is subject to all applicable laws and regulations and to these Terms of Use, including any future modifications by us. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT, WITHOUT LIMITATION OR QUALIFICATION, YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF USE AGREEMENT (THE “AGREEMENT”). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THIS SITE.

User Rights
Genocea Biosciences, Inc. (“Genocea”, “we”, “our”, or “us”) owns the website located at www.genocea.com (the “Site”). Genocea owns or controls this Site, the computers hosting this Site, and the content provided on this Site, including text, graphics, materials, logos, artwork, computer code, and audio and video clips (“Content”). You may access this Site and download and print Content presented on this Site solely for your personal, non-commercial use. You may not copy, distribute, display, modify, transmit, reuse, repost, or use the Content of the Site for public or commercial purposes without written permission of Genocea. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of Genocea. We neither warrant nor represent that your use of the Content will not infringe rights of third parties not owned by or affiliated with Genocea. This Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Genocea and/or other parties. Genocea reserves all copyrights, trademark and other rights it has in all Content. 

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or exploit the Site or any service or information made available or offered by or through the Site. You also may not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to this Site.

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions herein. You agree to be responsible for all use of this Site. You agree not to assign, transfer or sublicense user rights pursuant to this Agreement.

Website Links
Genocea makes no claim or representation regarding, and accepts no responsibility for, the quality, content or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. Genocea does not review or control any such linked website and we are not responsible for the content of any such linked website. We provide links in this Site to you as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked website or of any information contained therein. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. When using any linked website, you should review the applicable terms and policies of that website, including privacy and data gathering practices of that website. Users visit these third-party websites and use the information contained therein at their own risk.

Forward-Looking Statements
Statements herein relating to future business performance, conditions or strategies and other financial and business matters, including expectations regarding clinical developments, are forward-looking statements within the meaning of the Private Securities Litigation Reform Act. Genocea cautions that these forward-looking statements are subject to numerous assumptions, risks, and uncertainties that change over time. Factors that may cause actual results to differ materially from the results discussed in the forward-looking statements or historical experience include risks and uncertainties, including Genocea's ability to progress any product candidates in preclinical or clinical trials; the ability of ATLAS to identify promising oncology vaccine and immunotherapy product candidates; the scope, rate and progress of its preclinical studies and clinical trials and other research and development activities; anticipated clinical trial results; anticipated timing for initiation of new clinical trials; current results may not be predictive of future results; even if the data from preclinical studies or clinical trials is positive, regulatory authorities may require additional studies for approval and the product may not prove to be safe and efficacious; Genocea's ability to enter into future collaborations with industry partners and the government and the terms, timing and success of any such collaboration; risks associated with the manufacture and supply of clinical and commercial product; the cost of filing, prosecuting, defending and enforcing any patent claims and other intellectual property rights; Genocea's ability to obtain rights to technology; competition for clinical resources and patient enrollment from drug candidates in development by other companies with greater resources and visibility; the rate of cash utilized by Genocea in its business and the period for which existing cash will be able to fund such operation; Genocea's ability to obtain adequate financing in the future to continue its clinical programs through product licensing, co-promotional arrangements, public or private equity or debt financing or otherwise; general business conditions; competition; business abilities and judgment of personnel; the availability of qualified personnel and other factors set forth under "Risk Factors" in Genocea's Annual Report on Form 10-K for the most recent fiscal year ended December 31 and other filings with the Securities and Exchange Commission (the "SEC"). Further information on the factors and risks that could affect Genocea's business, financial conditions, and results of operations is contained in Genocea's filings with the SEC, which are available at www.sec.gov.

Trademarks
Genocea, the Genocea logo, and any product or service names appearing on this Site are trademarks, service marks or registered trademarks or service marks of Genocea or third parties, whether or not appearing in large print or with the trademark symbol. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Genocea.

Non-Confidential Information
Any communication or material you transmit to the Site, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Genocea and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to any applicable terms in our Privacy Policy. Furthermore, Genocea is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, subject to any applicable terms in our Privacy Policy. 

Privacy Policy
By using the Site you acknowledge, agree, and consent to the collection, use, and disclosure of information as described in this Privacy Policy and any revisions to our Privacy Policy.

  • How We Use Collected Information: Our servers record your computer's IP address and website usage in "server logs" when you use this website. No personally identifiable information is contained in these logs, such as name, address, phone numbers or email addresses. We use these logs to help diagnose problems with our servers, analyze traffic patterns and to administer this website.
     
  • Cookies: We do not enable "cookies." (Cookies are small text files stored on your hard drive, not on our website. A cookie is not a program, and does not itself have the ability to automatically collect personal information about you. A cookie can store certain information that identifies your browser to our servers in order to make the websites operate more smoothly.)
     
  • Voluntary Contact: If you send us information voluntarily, such as through personal correspondence, email, or contact forms, or if other users or third parties send us correspondence about your activities, we may collect such information. We use such information, and other information that we obtain from your use of the services, to answer contact requests and questions, resolve disputes, troubleshoot problems and enforce our Terms of Use Agreement, among other things. Please also note that information you volunteer in public areas is not protected information, and anyone could potentially collect and use such information in ways we cannot control. We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, we may be forced to disclose information to the government or third parties under certain circumstances without your consent, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. However, we will not use your information for marketing purposes. We do not sell or rent our list of users past or present to any third party without your consent.

Medical Information

This Site may contain information related to certain medical conditions and treatments therefor. This information is not meant to be, and should not be considered as, medical advice. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. If you have a medical condition, you should consult your doctor or other qualified health care professional.

Warranties and Disclaimers

GENOCEA PROVIDES THIS SITE AND THE CONTENT ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. GENOCEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE CONTENT ON THE SITE. GENOCEA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE GENOCEA ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, GENOCEA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

Genocea reserves the right to interrupt or discontinue any or all of the functionality of its Site. Genocea accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of Genocea or a third party.

GENOCEA reserveS the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Site is void where prohibited.

Limitation of Liability
Genocea will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the CONTENT contained on the Site. Genocea also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any CONTENT from the Site.

IN NO EVENT SHALL GENOCEA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THIS SITE OR CONTENT CONTAINED IN OR OMMISSIONS OF GENOCEA OR A THIRD PARTY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold harmless GENOCEA, its officers, directors, employees, agents, CONTRACTROS, suppliers and third party partners from and against all liabilities, claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use, YOUR MISUSE OF THE SITE, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

Violation of these Terms of Use
Any unauthorized use of this Site or any Content will terminate your right to access this Site or use any Content as permitted by these Terms of Use and any such unauthorized use may violate applicable laws, including copyright laws, trademark laws or communications regulations or statutes. If Genocea does take any legal action against you as a result of your violation of these Terms of Use, Genocea will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination or limitation of your access to the Site as a result of any violation of these Terms of Use.

 Waiver
No waiver by Genocea, whether express or implied, of any provision of these Terms of Use shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms of Use. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use. Nor shall Genocea be estopped from enforcing any provision of these Terms of Use. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site.

Applicable Law and Venue
This Site and its Contents shall be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Massachusetts, excluding its conflict of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your access to or use of this Site or any Content shall be filed only in state or federal court located in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

Although the information on this Site is accessible to users outside of the United States, the information pertaining to our products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States.

Severability
If any portion of these Terms of Use (or other terms and conditions applicable to a section of the Site) is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. Any unaffected provision of these Terms of Use shall remain in full force and effect.

Changes to Terms of Use
Genocea reserves the right to modify these Terms of Use, in whole or in part, at our sole discretion. If we decide to change these Terms of Use, we will post those changes here. We encourage you to review the Terms of Use regularly in order to remain informed of any changes. Changes to these Terms of Use shall become effective as of the time they are posted to this Site. Your continued use of the Site will signify your continued agreement to these Terms of Use as they may be revised.

Contact Us
We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms of Use, please feel free to reach out to us at:

Genocea Biosciences, Inc.
100 Acorn Park Drive
Cambridge, MA  02140
info@genocea.com

These Terms of Use were last updated June 2018.