Effective Date: February 2024
Welcome to the Abeona Therapeutics Inc. (“Abeona” or “Company”) website (“Website”).
Use of Website: The information provided on this Website is for general informational and educational purposes. Certain sections of this Website target specific audiences, including Abeona’s investors, members of the healthcare community, and the general public.
BY ACCESSING AND USING THE WEBSITE YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU ARE USING THE WEBSITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND ABEONA, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
No Representations or Warranties and Limitation of Liability: Abeona will make reasonable efforts to include accurate and up-to-date information on this Website. However, ABEONA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN CONNECTION WITH THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE ACCURACY, COMPLETENESS, CURRENCY, OR FREQUENCY OF UPDATES OF SUCH INFORMATION OR MATERIALS. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ABEONA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ITS WEBSITE OR YOUR USE OF THE WEBSITE. ABEONA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE NATURE OF THE WEBSITE, OR THAT THE RESULTS OBTAINED FROM USING THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOUR USE OF ABEONA’S WEBSITE IS AT YOUR OWN RISK, AND ABEONA, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM OR IN CONNECTION WITH THE CREATION, USE OF, OR RELIANCE ON THE WEBSITE OR ANY LINKED WEBSITES.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ABEONA'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO ABEONA DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.
BY CONSENTING TO THESE TERMS, YOU ARE RELINQUISHING A CALIFORNIA RIGHT TO SUBSEQUENTLY CLAIM UNAWARENESS OF SPECIFIC ISSUES OR CLAIMS AT THE TIME OF AGREEMENT. MORE SPECIFICALLY, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnification: You agree to defend, indemnify, and hold harmless Abeona and its officers, directors, employees, agents, suppliers, third-party partners, or affiliates from and against any claims, actions, or demands, as well as any related liability, damage, loss, and expense, including legal and accounting fees, resulting from or connected with your use of the Abeona Website, your unauthorized use of the Website, or your violation of any portion of this Terms of Use.
Privacy: Abeona respects the privacy of its Website users. Please refer to Abeona’s Privacy and Cookie Notice for information regarding users’ rights and responsibilities concerning information disclosed on this Website.
Third-Party Websites and Links: This Website may contain references or links to third-party Websites over which Abeona has no control. Such links are provided for convenience, and Abeona makes no warranties or representations regarding the accuracy, currency, or completeness of any information on such third-party Websites. Similarly, Abeona is not responsible for the accuracy or content of any third-party social media or mobile app platforms accessed through this Website. Your use of any third-party Website or platform is at your own risk and is subject to the terms and policies of such third parties.
Medical Information: This Website may contain general information about various medical conditions and treatments. However, this information is provided for informational purposes only and should not be construed as medical advice or as a substitute for professional medical consultation. Abeona does not provide medical services or advice, and users should consult with a qualified healthcare professional for medical guidance and treatment.
Forward-Looking Statements: The Website may contain forward-looking statements regarding Abeona’s financial performance, business plans, and product development. These statements involve risks and uncertainties that may cause actual results to differ materially from those expressed or implied. Abeona assumes no obligation to update any forward-looking statements and advises users not to rely solely on such statements. For a full discussion of the risk factors associated with Abeona and its business, please refer to Abeona’s most recent report on SEC Form 10-K.
User Contributions: Abeona may from time to time offer you access to web pages or screens on the Website on or through which you and others can display, publish or submit (“Post”) information or otherwise provide feedback or information to Abeona (“User Contributions”). By Posting or transmitting User Contributions to Abeona (or Abeona’s designees) through the Website, you grant Abeona and Abeona’s designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your User Contributions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All User Contributions are deemed non-confidential and non-proprietary.
In consideration of your opportunity to use the Website to post a User Contribution, you represent and warrant that: you own or otherwise control all of the rights to your User Contribution, including, without limitation, all copyrights and trademarks; your User Contribution is true and accurate; your User Contribution does not infringe, misappropriate or violate any third party's copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary or other right; your User Contribution does not contain information that identifies any person unless you have such person's express prior written consent and, if you are a health care professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents, authorizations or other legally-required permission to disclose; your User Contribution does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening and/or harassing comments or other content; and your User Contribution complies with all applicable laws, rules and regulations.
Intellectual Property: All rights on intellectual property on the Website are either held by us or by our third-party licensors, as allowed under U.S. and international intellectual property regulations. Unless otherwise stated, the content organization, graphics, design, computer code, compilation, and other materials on or related to the Website are protected under applicable copyright, trademark, and other proprietary and intellectual property rights of their respective owners. The Company owns intellectual property rights for all its intellectual property material on this Website. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set in the Terms. You do not acquire ownership rights to any content, document, or other materials viewed or created through the Website or obtained from the Website.
You must not:
Republish material from the Website.
Sell, rent, or sub-license material from the Website.
Reproduce, duplicate, or copy material from the Website.
Redistribute the contents from the Website unless you have approval from the Company or unless the content is explicitly designated for redistribution.
Intended for U.S. residents: While this Website is accessible to users outside the U.S., the information regarding Abeona products is intended for U.S. residents. Users are responsible for complying with their local laws and regulations when accessing the Website from other countries.
Governing Laws: This Terms of Use and your use of the Website shall be governed by, subject to, and construed in accordance with the substantive laws of Delaware without regard for any choice or conflict of laws rule, or provision that would result in the application of the substantive law of any other jurisdiction.
Miscellaneous: If any provision of these Terms of Use is deemed unlawful or unenforceable, the remaining provisions shall remain in effect. Abeona reserves the right to alter or delete materials from the Website at any time without notice. Users should periodically review the Terms of Use for updates. Continued use of the Website after changes to the agreement constitutes acceptance of the revised terms and conditions.
Electronic Contracting: Your affirmative act of using this Website constitutes your consent to enter into agreements with Abeona electronically.
Contact Information
If you believe that someone has violated these terms, please notify us by completing the form found here or by telephone at 1-844-855-9977.