Terms of Use

TERMS OF USE

Welcome to our website. NexImmune, Inc. (“NexImmune”, “we”, “us” or “our”) operates this website at www.neximmune.com (the “site” or “website”) for general information and general education purposes only. By using or accessing our website, you agree to be bound by these Terms of Use (“Terms”).

If you do not agree to these Terms, please do not use this website.  Your use is at your own risk and is conditioned upon acceptance of these Terms of Use.

Nothing on this website should be construed as an offer to form a binding contract, as a grant of any license, or as a transfer of any intellectual property.  We reserve the right, in the event of a violation of these Terms of Use, to protect our rights, property, and interests to the maximum extent permitted by law.

Site Content

The website and its contents, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips and video clips (collectively, the “Site Content”) and all intellectual property rights therein, are owned, controlled or licensed by NexImmune, our affiliates or partners or other individuals or organizations and are protected from unauthorized copying and dissemination by copyright and other intellectual property laws. You may access and use our website and Site Content solely for non-commercial, personal and informational purposes. You may not publicly distribute Site Content, and no use of the website or Site Content is authorized other than as expressly permitted by these Terms of Use. Any copy you make of Site Content shall retain all copyright and other proprietary notices in the same form and manner as on the original.  Nothing on this website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in these Terms of Use.

Trademarks

“NexImmune” and the NexImmune logo, and all products names, are trademarks of NexImmune, Inc., its affiliates, licensors, partners or other individuals or organizations.  Any use of such trademarks except as permitted herein is expressly prohibited and may be in violation of copyright law, trademark law, and other laws.

Non-Confidential Information.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on our website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products You are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights. .

Privacy

Your use of the website, and any information (including, without limitation, personal information) you submit to us through or in connection with this website, is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

Medical Advice

The website and the Site Content is provided for informational purposes only and is not medical advice or a substitute for professional medical advice, diagnosis, treatment, or care. Only your physician or other healthcare professional can determine if a product described on this website is appropriate for you. Use of this website is not a substitute for a consultation or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this website or any other service offered by or through this website for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS WEBSITE. PLEASE CONSULT WITH YOUR PHYSICIAN, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEBSITE.

Forward Looking Statements.

The website may contain forward-looking statements about NexImmune’s financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, NexImmune’s ability to successfully commercialize its product candidates, if approved; the uncertainties inherent in biotechnology research and development; NexImmune’s ability to successfully complete pre-clinical or clinical development of its product candidates; a delay or failure to obtain regulatory approval or to commercialize product candidates, if approved, as a result of unexpected adverse side effects or inadequate therapeutic efficacy of any of NexImmune’s products; decisions by regulatory authorities regarding whether and when to approve NexImmune’s product candidates; competitive developments; challenges to the validity and enforcement of NexImmune’s patents; governmental laws and regulations affecting health care, including, without limitation, regarding biotechnology product access, pricing and reimbursement; and general economic conditions; losing key scientific or management personnel; NexImmune’s ability to obtain additional financing; and the accuracy of NexImmune’s estimates regarding expenses, future revenues and capital requirements. We assume no obligation to update any forward-looking statements as a result of new information, future events or otherwise. We are not liable for any investment decisions made by you. It is strongly recommended that you discuss any purchase or sale decision with a financial advisor, broker-dealer or member of a financial regulatory body. Investors are cautioned that they may lose all or a portion of their investment in this or any other company. Reliance on this website or any Site Content is solely at your own risk.

Content

The website and all Site Content is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. NexImmune will use reasonable efforts to include accurate and up-to date information on the website but makes no warranties or representations of any kinds, including but not limited to accuracy, currency or completeness, and expressly disclaims any obligation to update such information.  To the maximum extent permitted by law, NexImmune, its affiliates and its collaborators disclaim all warranties, express or implied, regarding the website and the Site Content, including but not limited to non-infringement of third-party rights.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.

Limitation of Liability

You agree that access to and use of this website and the Site Content is at your own risk.  We make no warranty that this website will meet your requirements; that this website will be uninterrupted, timely, secure or error free; that messages or requests will be delivered; that defects will be corrected; or that this website is free of viruses or other harmful components. You assume the entire risk as to the results and performance of this website. Neither NexImmune nor any party involved in creating, producing or delivering the website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this website, or any error or omissions in the Site Content.

The foregoing limitation of liability will not apply to the extent prohibited by applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless NexImmune, its subsidiaries, affiliates, directors, officers, employees, agents, consultants, business partners and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, or associated with, your use of this website or  your violation of these Terms of Use

Use of This Website

You agree NOT to do any of the following while visiting or using this website or any services provided by or through this website:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Post or transmit any unsolicited advertising, promotional materials, junk mail, spam or any other form of solicitation on this website or through the services;
  • Post or transmit any information or material that is defamatory, offensive, indecent, obscene or unlawful, or that violates the rights of any third party;
  • Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmfulcomponents;
  • Violate any applicable law or regulation, including, without limitation, any local, state, provincial, national or international law, any export control laws or any regulations promulgated by any state or federal authority;
  • Access or use password-protected, secure or non-public areas of this website without authorization; or
  • Frame, repackage or otherwise re-distribute any portion of this website.

NexImmune may, at its sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this website if we believe a user has violated these Terms or creates liability for NexImmune, our affiliates, partners, suppliers or other users. NexImmune will not be liable to you or any third party as a result of such termination.

Third Party Links

Our website may contain links to websites owned and/or controlled by third parties, and may include information from third parties. Access to any third party website is at your own risk, and we are in no way responsible for the accuracy or reliability of any information, data, opinions, advice or statements accessible from these websites, and make no representations or warranties about such third parties or their products or content. Third-party-linked websites and their contents should not be attributed to NexImmune in any manner. We provide these links merely as a convenience, and the links are not an endorsement of any product, service, individual or entity.

Reservation

All rights not expressly granted by NexImmune are reserved.

Void Where Prohibited

This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside of the U.S., the information pertaining to NexImmune products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Any offer for any product of service made on this Web site if void where prohibited.

Governing Law

The terms of Use Agreement and your use the Web site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of law principals.  Any legal action or proceeding related to the Web site shall be brought exclusively in the federal courts in the Northern District of California or state courts in San Francisco County, California.

Miscellaneous

If any provision of these Terms is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.  NexImmune reserves the right to alter or delete material from this website at any time at its sole discretion. You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms contain the entire understanding of the parties with respect to the subject matter herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on the website. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

Changes

We may make changes to these Terms at any time and for any reason.  Any such changes shall be effected by posting of the updated Terms to the website and any such changes shall only apply to your use of this website after the date of such change(s).

Contact

If you have any questions about these Terms, please contact us at:
9119 Gaither Road, Gaithersburg, MD 20877 or admin@neximmune.com.

Updated:  February 10, 2021