Terms of Use

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Terms of Use

Last Updated 03/11/2019

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

Acceptance of Terms of Use

This website and any other site provided by us (collectively, this “Site”) and information therein (all the foregoing collectively the “Service”) is provided to you by Xeris Pharmaceuticals, Inc. (“Xeris,” “we,” “our” or “us”). By using the Services, you are indicating your acceptance of the following terms and conditions (“Terms of Use”), which shall be legally binding on you.

Modifications to Terms of Use

We reserve the right, at any time, to modify, alter, update or remove portions of these Terms of Use. Please check them from time to time as your continued use of this Site signifies your acceptance of any changed items. If we change our Terms of Use, we will post a notice to that effect on the Site’s home page for at least 30 days after the change. If you have provided us with your email address, we may (but are not required to) send you an email notifying you of changes to our Terms of Use.

Eligibility to Use the Services

By requesting to use, registering to use and/or using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

  • Our Services are available only to individuals who are eighteen (18) years of age or older.

Availability of the Services

Xeris shall use reasonable commercial efforts to maintain the availability of the Services but does not guarantee any specific level of availability of the Services. Xeris will not be liable to you as a result of temporary interruptions to the Services. You acknowledge that Xeris may, in its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice.

Privacy Policy

All information provided by you or collected by us as part of your use of the Services is governed by Xeris’ Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here. Additionally, by providing your phone number, you consent to Xeris using your telephone number on file to contact you to provide the Services, including sending text message communications, mobile push notifications, and/or phone calls. To stop receiving communications through text messages, mobile push notifications, or phone calls, you must email privacy@xerispharma.com and withdraw your consent.

Use of the Services

We allow you to access and use the Services subject to these terms and conditions for your own personal use only. The Services are not for use by for any other commercial or non-personal purpose. You may not provide access to or use the Services or content thereof for the benefit of third parties or make commercial use of the Services or related content. Use of and access to the Services is void where prohibited. By accessing and using the Services, you represent and warrant that (a) any and all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services will comply with and does not violate any applicable law, regulation, order or guideline. Persons using this application assume full responsibility for the use of the Services and agree that Xeris is not responsible or liable for any claim, loss, or damage arising from the use of the Services. Your reliance upon the information obtained or used by you is solely at your own risk.

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Services; (b) solicits another person’s Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Xeris’ or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, or other required approvals. The software and technology underlying the Services is the property of Xeris, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (c) use the Services and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; or (f) use another user’s account without permission.

Copyright and Trademarks of Xeris

This Site is owned and operated by us. Unless otherwise specified, as between you and us, all materials appearing on this Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Xeris. All audio and video clips are the sole property of Xeris or our respective content providers. The content and software on this Site are the property of Xeris and/or its partners, distributors or suppliers and is protected by U.S. and international copyright laws. Except as set forth herein, you may only view, download, print and retain a copy of pages of this Site provided that (1) your use of such information from this Site is for your informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) no modifications of such information shall be made.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.

Trademarks and service marks owned by Xeris include, but are not limited to: Xeris Pharmaceuticals, XeriJect, and XeriSol. The absence of a product, name, slogan or logo from the above list does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo. Certain of the trademarks, logos, and service marks, including but not limited to the foregoing, (collectively, the “Trademarks”) displayed on this Site are registered and unregistered trademarks of Xeris. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Xeris. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

XeriJect and XeriSol are trademarks of Xeris. All other trademarks appearing in this presentation are the property of their respective owners.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Xeris infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter-notices with respect to Xeris should be emailed to us at copyrights@xerispharma.com

Product Information/No Medical Advice

Nothing contained in these Services is intended as a promotion of any product in a way that conflicts with the laws and regulations of the country in which you are located. The content of the Services is not a substitute for professional medical advice and should not be interpreted as treatment recommendations or relied on for medical diagnosis or treatment. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can diagnose a patient’s condition and provide recommendations for treatment. The information provided through the Services is presented in summary form, is general in nature, and is provided for informational purposes only to help patients and family members better understand certain health conditions and treatment options. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. Due to the rapid changes in medical science, the information provided though the Services may not be current.

Never disregard medical advice or delay in seeking it because of something you have read as part of the Services.

Product names, descriptions, and labeling may differ from your country of residence or origin. Products may not be available in all countries or may be available under different brand names, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local health care professional.

Forward Looking Statements

Xeris cautions you that statements included in the Services that are not a description of historical facts may be forward-looking statements. This inclusion of forward-looking statements should not be regarded as a representation by Xeris that any of its plans will be achieved. Actual results may differ materially from those set forth in the Services due to the risks and uncertainties inherent in Xeris’ business, including but not limited to, statements regarding: the progress and timing of our clinical trials; difficulties or delays in development, testing, obtaining regulatory approval, producing and marketing our products; unexpected adverse side effects or inadequate therapeutic efficacy of our products that could delay or prevent product development or commercialization, or that could result in recalls or product liability claims; the scope and validity of patent protection for our products; and our ability to obtain additional financing to support our operations. All forward-looking statements are qualified in their entirety by this cautionary statement and Xeris undertakes no obligation to revise or update the Services to reflect events or circumstances after the date hereof.

Disclaimers

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE INFORMATION CONTAINED IN THE SERVICES MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE CANNOT GUARANTEE THAT THE INFORMATION PROVIDED THROUGH THIS SERVICES WILL BE ACCURATE OR UP-TO-DATE. XERIS DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVERS MAKING SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER MALICIOUS CODE OR HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS.

XERIS ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THE SERVICES ARE PROVIDED BY US ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XERIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF AN AUTHORIZED REPRESENTATIVE OF XERIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Xeris, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Services, your violation of these terms and conditions, your violation of any rights of a third party, as well as your violation of any applicable laws or regulations.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. Clicking on such a link to a third-party site will cause you to leave this Site. The linked third-party sites are not controlled by Xeris and we are not responsible for the contents of any linked third-party site, any link contained in a linked third-party site, or any changes or updates to such third-party sites. We cannot guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your device. Xeris is not responsible for Webcasting or any other form of transmission received from any third party linked site. These links are provided to you only as a convenience and the inclusion of any third-party link does not imply endorsement by us of the third-party site. By using this Site to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Site to link to another site. In addition, linked sites may be subject to terms of use and/or privacy policies of their owner/operators, and anyone who uses such a link is responsible for checking what those terms/policies are for themselves.

Third Party Content

Certain content from third parties may be made available as part of the Services. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to the Services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.

User Responsibilities, Communications, Feedback, and Submissions

You agree not to use the Services for any illegal or inappropriate activities. We welcome your comments and feedback regarding the Services, but under no circumstances should you send us any financial, medical or other personal information. In addition, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using the Services or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions. By providing any Submissions, you hereby assign any rights in such Submissions to Xeris.

Termination of Usage

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Services or is in violation of any applicable law or these Terms of Use.

Applicable Law

The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Illinois, USA, without regard to any conflict of law provisions. We make no representation that the content provided through the Services is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

These terms and conditions contain the entire understanding of the parties hereto relating to the use of the Services and supersedes any prior written or oral agreement or understandings between the parties with respect to this website and cannot be changed or terminated orally.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of Illinois, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Please feel free to contact us to resolve a complaint regarding any aspect of the Services. Upon your request, you may have these Terms of Use sent to you by email.

How to Contact Us

Xeris Pharmaceuticals, Inc.
180 North LaSalle Street
Suite 1600 Chicago, IL 60601
Phone: (844) 445-5704
info@xerispharma.com

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