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Ocular Therapeutix Terms and Conditions of Use

INTRODUCTION

Welcome to the Ocular Therapeutix, Inc. (“Ocular Therapeutix”) website. We refer to this and other websites owned or controlled by Ocular Therapeutix as “our websites.”  You may use our websites, provided you comply with these Terms and Conditions of Use governing the use of our websites.  Please read these Terms and Conditions of Use carefully before using our websites.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

By accessing and using our websites you agree to follow and be bound by these Terms and Conditions of Use. If you do not agree to follow and be bound by these Terms and Conditions of Use, please do not use or download materials from our websites. You may be subject to additional terms that may apply when you access particular services or materials on certain areas on our websites, or by following a link from our websites. You may use our websites in accordance with these Terms and Conditions of Use for lawful purposes only. 

INTENDED AUDIENCE

Our websites are intended for the use of residents of the United States (“US”) and any of its territories by users who are 18 years of age or older. It is not intended for use by children. Ocular Therapeutix makes no claim that our websites are appropriate for access or use by individuals outside of the US. 

THESE TERMS AND CONDITIONS OF USE MAY CHANGE

Ocular Therapeutix reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of our websites following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use every time you use our websites. In the event you violate any of these Terms and Conditions of Use, all rights granted to you thereunder shall be terminated immediately, with or without prior notice.

LIMITATION OF LIABILITY

YOUR USE OF OUR WEBSITES IS AT YOUR OWN RISK. OCULAR THERAPEUTIX  AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD-PARTY PARTNERS (“COLLECTIVELY, “OCULAR THERAPEUTIX PARTIES”) SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR WEBSITES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS, CONNECTIONS TO OUR WEBSITES, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR WEBSITES, OR RELATED INFORMATION OR PROGRAMS.

THE ABOVE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DISCLAIMER OF WARRANTIES

ALL CONTENT ON OUR WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. OCULAR THERAPEUTIX PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH OUR WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF OUR WEBSITES AND THE CONTENT AVAILABLE ON OUR WEBSITES IS AT YOUR SOLE RISK. OCULAR THERAPEUTIX  PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM OUR WEBSITES IS FREE OF DELETERIOUS PROGRAM MATERIAL INCLUDING MALWARE, WORMS, VIRUSES AND OTHER EXECUTABLE CODE.

THE ABOVE DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OCULAR THERAPEUTIX PARTIES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, CLAIMS, ACTIONS, AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS OF USE OR YOUR ACCESS TO, OR USE OR MISUSE OF, THE CONTENT OR OUR WEBSITES.

NO MEDICAL OF PROFESSIONAL SERVICES ADVICE

The content on our websites is intended to be a general information resource regarding the subject matter covered but is provided solely on an “as is” and “as available” basis as noted on these Terms and Conditions of Use.

Our websites do not provide medical, healthcare or other professional advice. The information provided on our websites is intended for informational purposes only. This information is not a substitute for actual medical care or for the advice provided by your own doctor or other medical professional. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

GOVERNING LAW

The laws of the state of Delaware shall govern these Terms and Conditions of Use, without giving effect to choice or conflict of law rules. Any legal action or proceeding based on, arising out of or related to these Terms and Conditions of Use or your use of our websites (including any information they contain) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware, and all parties waive any objection to the personal jurisdiction of and venue in such courts.  

Ocular Therapeutix makes no representation that the information on  the websites is appropriate or available for use in other locations, and access to our websites from territories where the content of our websites may be illegal is prohibited. Nothing herein should be considered a solicitation or promotion for any product or indication for any product that is not permitted by US laws or regulations. Those who choose to access our websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

INTELLECTUAL PROPERTY RIGHTS

All content of our websites is protected by US copyright and other intellectual property laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation, the code contained in our websites without the express written permission of Ocular Therapeutix, except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in our websites shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Ocular Therapeutix or any third party. Unauthorized use of any Ocular Therapeutix trademark, service mark or logo may be a violation of federal and state trademark laws. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in these Terms and Conditions of Use.

SEVERABILITY

In the event that any provision of these Terms and Conditions of Use shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the remainder of these Terms and Conditions of Use shall not be affected in any way thereby.

THIRD-PARTY WEBSITES 

Our websites may contain links to websites operated by other parties. Third-party websites are not under the control of Ocular Therapeutix, and Ocular Therapeutix is not responsible for the privacy practices or content on any third-party websites. Such links do not imply Ocular Therapeutix’s endorsement of material on any other website. Ocular Therapeutix 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. OCULAR THERAPEUTIX DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR ACCESS TO SUCH THIRD-PARTY WEBSITES. 

PRIVACY POLICY 

In addition to these terms and conditions of use, you should also read and be aware of the provisions of our Privacy Policy, which discloses Ocular Therapeutix’s practices regarding the collection and use of your personal information.

QUESTIONS 

If you have any questions about these Terms and Conditions of Use, please contact us by visiting the “Contact Us” section of our corporate website. 

These Terms and Conditions of Use were last revised on January 5, 2023.