Terms of Usage

The Site contains trademarks, copyrights and other proprietary information and materials

By accessing and using this TOMA Biosciences, Inc. web site and the information and materials available on it (“the Site”), you are bound by the terms and conditions set forth below (our “Terms”). These Terms contain the terms and conditions on which TOMA Biosciences is willing to permit your use of the Site. These Terms include our privacy statement, which is incorporated by reference. Your use of the Site signifies your agreement to these Terms. If you do not agree with these Terms, you should discontinue use of the Site.

PROPRIETARY MATERIALS

The Site contains trademarks, copyrights and other proprietary information and materials. This Site and all such materials are owned or licensed by us and are protected by all relevant intellectual property and proprietary rights and applicable laws. Everything on this Site is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.

NO MEDICAL ADVICE

By using this web site you acknowledge that TOMA Biosciences, Inc. is providing material for informational purposes only and that TOMA Biosciences, Inc., its officers, directors, employees, consultants and agents and any affiliates (collectively, the “TOMA Biosciences Entities”) are not providing the materials to you for the purposes of giving you medical advice. You should not rely on the materials in determining what diagnostic tests or procedures are appropriate for you, or in making any other medical decisions and should consult with a physician or other health care professional in connection with any and all diagnostic, treatment, or medical or diagnostic equipment options that may be available to you.

NO WARRANTIES

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE TOMA BIOSCIENCES ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY OR CONDITION REGARDING ANY PRODUCTS OR SERVICES OF THE TOMA BIOSCIENCES ENTITIES.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE TOMA BIOSCIENCES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TOMA BIOSCIENCES ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

AMENDMENT TO TERMS

TOMA Biosciences reserves the right to amend these Terms at any time by posting the amended Terms on this Site. The amended Terms will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended Terms.

LINKS TO THIRD-PARTY WEB SITES

TOMA Biosciences may provide links to third-party web sites through the Site. Such linked web sites are not under our control, and we are not responsible for their content or functionality. TOMA Biosciences provides links between our Site and third-party web sites to you strictly as a convenience. A link’s inclusion in this Site does not constitute an endorsement the third-party web site or its operators or of the goods or services provide by or accessed through the third-party web site.