EPIZYME, INC. DOES NOT PRACTICE MEDICINE OR PROVIDE MEDICAL SERVICES OR ADVICE, AND THE INFORMATION ON TAZVERIK.COM (THE “WEBSITE”) IS NOT TO BE CONSTRUED AS MEDICAL, LEGAL, INVESTMENT, OR OTHER ADVICE. YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE, AND OTHER ADVISORS AS APPROPRIATE.
Acceptance of Terms
This Agreement is a legal agreement between you, the user (“you”), and Epizyme, Inc. (“Epizyme,” “us,” “our,” or “we”), as the owner and operator of the Website.
PLEASE READ THIS AGREEMENT CAREFULLY. THE TERMS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE.
We reserve the right to change the terms of the Agreement at any time. We will endeavor to notify you of any change (which may include a notice on the Website), but our failure to do so will not limit or affect the scope or enforceability of any change. Access to or use of any of the Website constitutes acceptance of the most recent version of the Agreement.
Use of the Website
The owner of this Website is based in the United States. We have developed the Website only for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate for use or dissemination outside of the United States. Access to the Website by certain persons or in certain countries may not be legal. If you access the Website from outside of the United States, you do so on your own initiative and are responsible for your compliance with local laws.
No person under the age of eighteen (18) is authorized to access or use the Website. Your access to and use of the Website is subject to all applicable federal, state, and local laws and regulations. Use of the Website is void where prohibited. By using the Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by its terms.
We grant you a limited, non-transferable license to access and use the Website for non-commercial purposes. Such limited license shall enable you to use the Website for informational purposes only. This license does not permit (and you agree not to make) any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar online data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Epizyme or our affiliates without our prior express written consent.
We make no guarantees regarding the availability or functionality of the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue or modify the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted to you by this Agreement are reserved by us.
Accuracy of Content and Future Modification to Website
For specific information about the safety and efficacy of particular Epizyme products, you should refer to the product’s full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided on or available through the Website is based on United States labeling and may not be appropriate outside of the United States.
The information on the Website is believed to be accurate and complete; however, the information may contain technical or substantive inaccuracies or typographical errors. It is your responsibility to verify any information contained in the Website before relying upon it. We assume no liability or responsibility for any errors or omissions in the content of the Website. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Website may contain forward-looking statements that reflect our current expectation regarding future events and business developments. These forward-looking statements involve risks and uncertainties. Actual developments or results could materially differ from those projected and depend on a number of factors including (without limitation) the success of current research programs, results of pending or future clinical trials, regulatory approval and ongoing, successful commercialization of our products, validity and enforcement of our patents, the stability of our commercial relationships, and general economic and marketplace conditions.
We reserve the right to terminate, change, suspend, or discontinue any aspect, feature, content, or functionality of the Website at any time. Unless expressly stated by us, any new information, features, services, enhancements, or modifications to the Website implemented after your initial access will be subject to the terms and limitations of this Agreement.
Epizyme may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information provided on or through the Website may occasionally be inaccurate, incomplete, or out of date. Epizyme does not undertake any duty to update information posted or linked to on the Website and will not be liable for any failure to update or confirm such information.
Limitation of Liability
YOUR USE OF AND RELIANCE ON THE WEBSITE IS AT YOUR RISK. NEITHER WE NOR OUR AFFILIATED ENTITIES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE. WE AND OUR AFFILIATED ENTITIES ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OR SHARING OF ANY MATERIALS, DATA, TEXT, OR IMAGES FROM THE WEBSITE.
Enforcement of Agreement; Disputes
This Agreement is governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes between you and Epizyme (or our affiliated entities) arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the state or federal courts of the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The above notwithstanding, application may be made to any court for a judicial acceptance of the arbitration award or order of enforcement. Notwithstanding the foregoing, Epizyme shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
EPIZYME® and the Epizyme crescent logo are registered trademarks of Epizyme, and TAZVERIK® is a trademark of Epizyme. Other trademarks, service marks, and similar designations used on or in connection with the Website are the property of their respective owners.
Comments and Suggestions
If you have comments, questions, or suggestions about the rights and restrictions above, please contact Epizyme at firstname.lastname@example.org.
Any information (including personally identifiable information) that you submit to us on or through the Website or otherwise will be considered non-personal, non-confidential, and non-proprietary. You hereby grant and will grant to us an unrestricted, fully paid-up, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit, distribute, share, and otherwise exploit your comments, suggestions, and information in any medium and for any purpose.
Last updated: January 15, 2020