TERMS OF USE

Effective date: July 30, 2018

Please carefully read these Terms of Use and our Privacy Policy before using our website. By using the Aprecia Pharmaceuticals (“APRECIA”) website, you agree to follow and be bound by these Terms of Use and our Privacy Policy without modification. In the case of any violation of these Terms of Use, APRECIA reserves the right to seek all remedies available at law and in equity for such violation.

Because we will continue to implement new technologies and improve the services and features we provide on our website, this statement is subject to change without prior notice. For that reason, we encourage you to review this statement periodically. By using our website, you agree to the Terms of Use in effect at that time.

USE OF WEBSITE

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. APRECIA reserves the right to refuse service in its discretion, including, without limitation, if APRECIA believes that customer conduct violates applicable law or is harmful to the interests of APRECIA.

SUBMITTED INFORMATION

No information or material provided to APRECIA by you through our website may contain vulgar, obscene, threatening or otherwise unlawful language or material. APRECIA will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted to us.

PRIVACY

APRECIA respects the privacy of its website users. Please refer to our Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this website.

INFORMATION ABOUT APRECIA

APRECIA has made a conscientious effort to display and describe information about APRECIA on the site accurately so that you can get a good idea of our business. Furthermore, APRECIA is constantly improving its information. The materials on this website are for your general educational information only. APRECIA does not practice medicine or provide medical services or advice, and the information on this website should not be considered medical advice. You should always rely on your healthcare professional for diagnosis and treatment.

LINKS TO OTHER WEBSITES

This website may contain links to other websites. APRECIA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APRECIA of the linked website or any association with its operators. APRECIA makes no representations whatsoever about any other site you may access through www.aprecia.com. Any concerns regarding any product or service offered by a website to which the APRECIA website is linked or the link itself should be directed to the operator of that specific website and not to APRECIA. If you use these links, you are leaving this website. APRECIA has not reviewed all of these third-party sites and does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which APRECIA’s website is linked. APRECIA makes no representations whatsoever about any other website you may access through APRECIA and disclaims all liability with regard to your access to such linked websites. If you access any of the third-party sites linked to this website, you do so at your own risk.

Unless otherwise set forth in a written agreement between you and APRECIA, you must adhere to APRECIA’s linking policy as follows: (i) any link to APRECIA’s website must be a text only link clearly marked “APRECIA website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with APRECIA’s name and trademarks, and (iii) the link must point to the following URL listed below: www.APRECIA.com and not to other pages within our website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with APRECIA, and (v) APRECIA reserves the right to revoke its consent to the link at any time and in its sole discretion.

COPYRIGHT

All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of APRECIA or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of APRECIA and protected by U.S. and international copyright laws. APRECIA grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.

TRADEMARKS

APRECIA’s names and logos referenced on the website are trademarks of APRECIA in the United States and other countries and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits APRECIA.

All other trademarks not owned by APRECIA that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APRECIA.

If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

DISCLAIMER/WARRANTY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE IS PROVIDED BY APRECIA ON AN “AS IS” BASIS. APRECIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APRECIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. APRECIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAYS ON THIS WEBSITE, OR THE INABILITY TO USE THIS WEBSITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APRECIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SAFE HARBOR

Except for the historical information set forth in this website and within its content, matters set forth in this website and within its content, including but not limited to statements relating to our drug discovery efforts, preclinical and clinical development programs and drug candidates, and any statements relating to APRECIA’s goals, plans, missions, expectations, beliefs, and the like, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties inherent in the discovery, development and commercialization of drugs, the risks and uncertainties associated with our technologies and those of our competitors, and other risks. These forward-looking statements speak only as of the date of the development or update of this website. APRECIA disclaims any intent or obligation to update these forward-looking statements.

GENERAL TERMS

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use in a way that causes harm to others, you agree to hold APRECIA harmless against any liability for that harm.

GOVERNING LAW

By using this website, you agree that the only proper jurisdiction and venue for any dispute with APRECIA, or in any way relating to your use of this website, is in the state and federal courts in the County of Warren, Ohio, U.S.A. These Terms of Use are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles, and the federal laws of the United States.

CHANGES TO TERMS OF USE

APRECIA reserves the right to update the Terms of Use statement at any time. Any changes or updates will be effective immediately upon posting to this website. Your use of this website constitutes acceptance of our Terms of Use. If you do not agree to the terms, please exit from this website immediately.