Acceptance of the Terms and Conditions
Osteologic Therapeutics, Inc (“Company,” “we,” “us” or “our”) provides this website (the “Site”). All use of the Site is subject to the terms and conditions contained in these Terms of Use (the “Agreement”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. The revised terms and conditions will become effective at the time of posting. Any use of the Site after such date shall constitute your acceptance of such revised terms and conditions. Your access to and use of the Site is also subject to the Company’s Privacy Policy (located elsewhere on this Site), which is hereby incorporated herein by reference.
Important Disclaimers
The information or material available on the Site (“Content”) is for informational purposes only and should not be construed as investment advice. It is not a recommendation of, or an offer to sell or solicitation of interest in the Company’s private investment funds. Such private investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company of 1940 (the “Act”). The Company is registered with the United States Securities Exchange Commission (“SEC”) as an investment adviser under the Act. Registration with the SEC does not imply a certain level of skill or training.
The Content is not a recommendation of, or an offer to sell or solicitation of an offer to buy, any particular security, strategy or investment product. Investing in securities involves risk including the risk of loss of investment.
The portfolio companies identified are for illustrative purposes only and do not represent all of the portfolio companies purchased, sold or recommended for funds advised by the Company. It should not be assumed that an investment in the portfolio companies identified was or will be profitable. Past performance does not guarantee future results. All investments involve risk including the loss of principal.
Intellectual Property Rights
Osteologic Therapeutics, the Osteologic Therapeutics logo, and other marks displayed on our Site are the proprietary service marks or trademarks of the Company or third parties. The Company’s marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the Company. Any and all other trademarks and service marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, or names appearing on the Site without the express written permission of the respective owner thereof.
- All content contained on this Site, including, but not limited to, works of authorship, articles, text, audio, video, graphics and images; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site; are the property of the Company or its licensors or other third parties, and are protected by copyright and other intellectual property and rights of privacy and publicity laws. You may not use, copy, modify or display any such content without the express written permission of the respective owner thereof.
Nothing in the terms of this Agreement shall be deemed to grant to you or any other user of the Site any license or right in or to any copyright, trademark, service mark, trade secret or other proprietary right of the Company or any other person.
Submissions
Please do not send any information to the Company that constitutes a trade secret or is confidential or proprietary. By submitting any ideas, suggestions, documents, and/or proposals via the Site or to Company (“Submissions”), you and anyone acting on your behalf agree that none of your Submissions will be treated as confidential or proprietary. We cannot accept responsibility for protecting against misuse or disclosure of any Submissions in the absence of our express written agreement to do so. Due to the large number of business plans and related materials that are submitted to the Company, and the similarity of many such plans and materials, we may have already reviewed or may currently be reviewing materials and ideas similar to your Submissions.
Feedback
The Company may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us an unrestricted, perpetual, worldwide, fully transferable, irrevocable, royalty-free right to exploit the Feedback in any manner for any purpose.
Eligibility
You must be at least 18 years of age to use the Site.
By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement and you agree to be bound by this Agreement.
Limited License
Subject to this Agreement, the Company grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about our products and services and to review and apply for job openings. No other use of the Site is authorized.
Prohibited Uses
The Company reserves the right to investigate and take legal action against any perceived illegal and/or unauthorized use of the Site. The Company’s decision not to pursue legal action for any violation of the terms of this Agreement shall not be construed as a waiver of any provision of this Agreement or any legal rights of the Company.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute or host the Site or any portion of the Site; (b) you shall not frame or use framing techniques to enclose any trademark, logo or the Site (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Site or use the Site in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm the Site, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Site. Any unauthorized use of the Site terminates the licenses granted by the Company pursuant to this Agreement.
External Sites
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. Such links to External Sites do not imply Company endorsement of material on any other site, and the Company disclaims all liability with regard to your access of External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. IN NO EVENT WILL THE COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Updates
The information, materials and services provided on or through the Site may occasionally be inaccurate, incomplete or out of date. The Company does not have a duty to update information contained in this Site, and it will not be liable for any failure to update such information. We make no representation as to the completeness or accuracy of any information on this Site, and we undertake no obligation to update or revise the information contained on this Site, whether as a result of new information, future events or circumstances or otherwise.
Limitation of Liability and Disclaimer of Warranties
THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, ORLICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERRORFREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY COMPANY PARTY 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 THE ACCESS, USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, fees, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from or relating to your breach of this Agreement or your access to, use or misuse of the Content or Site. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company 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 the Company’s defense of such matter.
Termination of the Agreement
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
The following sections shall survive the termination of this Agreement: Limitation of Liability and Disclaimer of Warranties, Indemnification, Termination of the Agreement, and Miscellaneous.
Applicable Laws
- This Site is based in New York. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
U.S. Government Restricted Rights
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
Miscellaneous
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Contact Information
If you have any questions relating to these terms or the Site, please contact bd@osteologictx.com.
Notice and Procedure for Making and Claims of Intellectual Property Infringement
The Company respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide the written information specified below by emailing bd@osteologictx.com.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.
- A description of the intellectual property right that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.