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Terms of Use
Introduction
Welcome to the Kiniksa Pharmaceuticals, Ltd. (“Kiniksa”) website. We refer to this website together with any of the disease awareness website and all clinical trial websites owned and controlled by Kiniksa as “this website.” Kiniksa created and maintains this website to provide information to and communicate better with physicians, patients, investors and others who may be interested in learning more about Kiniksa, its product candidates and programs. You may use this website, provided you comply with these terms and conditions.
In addition to these terms and conditions, you should also read and be aware of the provisions of our Privacy Policy, which discloses Kiniksa’s practices regarding the collection and use of your personal information, and other policies that govern other parts of this website.
Forward-Looking Statements
This website contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995, as amended, with respect to Kiniksa its product candidates and programs. In some cases, you can identify forward-looking statements by terms such as “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “target” and other similar expressions or the negative of such terms, , although not all forward-looking statements contain these identifying words. All statements contained on this website that do not relate to matters of historical fact should be considered forward-looking statements.
These forward-looking statements are neither promises nor guarantees, but involve known and unknown risks, uncertainties and other important factors that could cause Kiniksa’s actual results, performance or achievements to differ materially from those expressed or implied by any forward-looking statements, including, without limitation, risks and uncertainties relating to potential delays or difficulty in activation or continuation of clinical trial sites for, and enrolling patients in, our current and planned clinical trials; potential complications in coordinating among requirements of regulatory authorities and investigational review boards across multiple jurisdictions for our current and planned global clinical trials; potential delays or difficulties conducting and completing our clinical trials and preclinical studies; potential inability to obtain and maintain requisite regulatory and investigator review board approvals; potential changes in final data from preliminary or interim data; potential inability to replicate in later clinical trials positive results from earlier clinical trials and studies; potential inability to demonstrate safety or efficacy, or otherwise producing negative, inconclusive or uncompetitive results; potential undesirable side effects caused by our product candidates; our reliance on third parties for conducting clinical trials and preclinical studies; our reliance on third parties as the sole source of drug substance and drug product supply used in our product candidates; potential impact of additional data from us or other companies; potential impact of substantial new or existing competition; potential inability to obtain, maintain and enforce patent and other intellectual property protection for our product candidates; potential changes in our strategy and collaborations, operating plan and funding requirements; potential impact of the COVID-19 pandemic and related measures on our business/operations and that of third parties with whom we conduct business or otherwise engage; and our ability to attract and retain qualified personnel. These and other risks, uncertainties and important factors discussed under the caption “Risk Factors” in Kiniksa’s annual report, quarterly reports and other filings that we make with the Securities and Exchange Commission could cause our actual results to differ materially from those indicated by the forward-looking statements appearing on this website, all such filings with the Securities and Exchange Commission are available through this website and at www.sec.gov.
Kiniksa disclaims any duty to update any forward-looking statements appearing on this website as a result of new information, future events or circumstances or otherwise, even if our views have changed. None of the information contained on this website is intended to be, and shall not be deemed to be, incorporated into any of Kiniksa’s filings with the Securities and Exchange Commission.
Dated Information and Updates
While Kiniksa may periodically update or correct information presented on this website, the information presented on this website may include typographical errors, technical inaccuracies or omissions. Kiniksa may make improvements and/or changes to this website at any time and without any prior notice. Although Kiniksa attempts to periodically update information and materials on this website, the information, materials [and services] provided on [or through] this website may occasionally be inaccurate, incomplete or out of date. Kiniksa makes no representation or warranty as to the accuracy of any information on this website. Kiniksa expressly disclaims any duty to update information and materials contained on this website, and Kiniksa will not be liable for any failure to update or revise such information, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained on this website before relying upon it.
Links
This website may contain links to websites operated by other parties. The linked websites are not under the control of Kiniksa, and Kiniksa is not responsible for the content available on any other websites linked to this website. Such links do not imply Kiniksa’s endorsement of material on any other website, and Kiniksa disclaims all liability with regard to your access to such linked websites. Kiniksa provides links to other websites as a convenience to users, and access to any other websites linked to this website is at your own risk.
Limitation of Liability and Disclaimer of Warranties
Your use of this website and the materials is at your own risk. Changes can and will be made to this website and materials and at any time. It is your responsibility to monitor such changes.
Kiniksa makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Kiniksa does not warrant that the website will operate error-free or that this website and its server are free of computer viruses and other harmful goods. If your use of this website results in the need for servicing or replacing equipment or data, Kiniksa is not responsible for those costs.
THIS WEBSITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. KINIKSA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KINIKSA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above exclusion may not apply to you.
IN NO EVENT SHALL KINIKSA, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THIS WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE 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 ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE AND THE MATERIALS OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINIKSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KINIKSA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Copyrights and Trademarks
This website, and the information which it contains, is the property of Kiniksa and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, international conventions and other intellectual property laws. The trademarks, service marks, taglines and logos displayed on this website are either registered or unregistered trademarks of Kiniksa , its affiliates or licensors. All company and product names of other entities are the property of their respective owners. Nothing on this website should be construed to grant any right in or to any trademarks, service mark, tagline or logo used on the website. All rights not expressly granted are reserved by the owners of each intellectual property right. You may not access, monitor or copy any content or information on the Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you to view, copy, download and print Kiniksa documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on the Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents.
Unauthorized use of any copyright, trademark, service mark, tagline or logos on this website is expressly prohibited and may be in violation of United States or foreign intellectual property laws.
No Medical Advice
This website may contain information relating to various medical conditions and their treatment. 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. You should not use the information contained on this website for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Indemnification
You agree to defend, indemnify, and hold harmless Kiniksa from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions or your access to, use or misuse of this website or the materials [or information on this website]. Kiniksa shall provide notice to you of any such claim, suit, or proceeding. Kiniksa 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 Kiniksa’s defense of such matter.
Governing Law
These terms and conditions and your use of this website shall be governed by the laws of the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding based on, arising out of or related to these terms and conditions or your use of this website (including any information it contains) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York, and all parties waive any objection to the personal jurisdiction of and venue in such courts.
Miscellaneous
If any provision of these terms and conditions 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 and conditions, which shall remain in full force and effect. Failure of Kiniksa to act on or enforce any provision of this website shall not be construed as a waiver of that provision or any other provision in these terms and conditions. No waiver shall be effective against Kiniksa unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed to by Kiniksa and you, these terms and conditions (together with the Privacy Policy) constitutes the entire agreement between you and Kiniksa with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. We and you are independent and are not partners, joint venturers, agents, employees or representatives of the other party. The section headings are provided merely for convenience and shall not be given any legal import. These terms and conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. By accessing and using this website you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website.
These Terms and Conditions May Change
Kiniksa reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, Kiniksa encourages you to review these terms and conditions every time you use this website.
These terms and conditions were last revised on July 10, 2020.