Terms of Use
Last updated: March 12, 2021
Welcome to the Allakos Inc. (“Allakos”) website. This website located at www.allakos.com, together with any other Allakos website that links to it (collectively, the “Site”), is a copyrighted work belonging to Allakos. Allakos grants you the right to use the Site subject to these terms and conditions of use (“Terms of Use”).
Use of Site
Please read and review these Terms of Use carefully before accessing or using this Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Site. You also acknowledge that Allakos may, from time to time, in its sole discretion and without notification to you, change these Terms of Use. You should review the Terms of Use each time you visit or use the Site.
License and Access to the Website
No person under the age of sixteen (16) is authorized to access or use this Site. User access to, and use of, the website is subject to all applicable federal, state and local laws and regulations. By using this Site, you represent and warrant that you are sixteen (16) years of age.
Allakos grants you a limited, non-transferable license to access and use the Site. This license shall not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Allakos’s, text, page layout, or form) of Allakos or our affiliates without our prior express written consent.
Allakos accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Site. We make no guarantees regarding the availability of the Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Site. You agree that we will not be liable to you for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms of Use are reserved by us.
You are under no obligation to use or continue to use the Site and may temporarily or permanently cease using the Site without notice to Allakos. Any use of the Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof.
Privacy
Allakos respects the privacy of its Site users. In addition to these Terms of Use, you should also read and be aware of the Allakos Privacy and Cookies Policy, which is incorporated herein by reference, and which explains Allakos’ practices regarding collection and use of your personal information, if any, and other policies that govern other aspects of Allakos’ online services.
Third Party Sites and Links
This Site may contain links or references to other sites maintained by third parties over whom Allakos has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom Allakos has no control. Allakos makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Allakos.
NOT INTENDED AS MEDICAL INFORMATION
THE INFORMATION ON THIS SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND NOR IS IT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE INFORMATION ON THIS SITE IS NOT MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. PATIENTS SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT.
WARRANTY DISCLAIMER
ALLAKOS IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. ALLAKOS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO ITS ACCURACY, CURRENCY OR COMPLETENESS. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK. ALLAKOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER ALLAKOS, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE SITE OR ANY LINKS PROVIDED BY OR THROUGH THE SITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE; OR (4) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
NEITHER ALLAKOS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE 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 SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALLAKOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD-PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF THE SITE OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
Release
By using the Site, you are hereby agreeing to release Allakos and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Site.
Forward Looking Statements
This Site contains forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995 as contained in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward-looking statements include, but are not limited to, Allakos’ progress and business plans. Such statements are subject to numerous important factors, risks and uncertainties that may cause actual events or results to differ materially from current expectations and beliefs, including but not limited to: Allakos’ stages of clinical drug development; Allakos’ ability to timely complete clinical trials for, and if approved, commercialize lirentelimab (AK002), its lead compound; Allakos’ ability to obtain required regulatory approvals for its product candidates; uncertainties related to the enrollment of patients in its clinical trials; Allakos’ ability to demonstrate sufficient safety and efficacy of its product candidates in its clinical trials; uncertainties related to the success of later-stage clinical trials, regardless of the outcomes of preclinical testing and early-stage trials; market acceptance of Allakos’ product candidates; uncertainties related to the projections of the size of patient populations suffering from the diseases Allakos is targeting; Allakos’ ability to advance additional product candidates beyond lirentelimab (AK002); Allakos’ ability to obtain additional capital to finance its operations; and other important risk factors set forth in Allakos’ most recent Annual Report on Form 10-K filed with the SEC, Quarterly Report on Form 10-Q filed with the SEC and future reports to be filed with the SEC. These documents contain and identify important factors that could cause the actual results for Allakos to differ materially from those contained in Allakos’ forward-looking statements. Any forward-looking statements contained in this Site speak only as of the date published, and Allakos specifically disclaims any obligation to update any forward-looking statement, except as required by law. These forward-looking statements should not be relied upon as representing Allakos’ views as of any date subsequent to the date of publication of information on this Site.
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 an Allakos Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Allakos shall have no obligation of any kind with respect to such information. You hereby grant to Allakos an irrevocable, perpetual, royalty-free right and license 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.
Trademarks
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Allakos, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Allakos actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Copyrights
The entire contents of this Site are subject to copyright protection. The contents of the Site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Allakos. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Allakos, or any third party.
Governing Laws
This Terms of Use Agreement and your use of the Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal court in San Francisco, California or a state court in San Mateo County, California.
Void Where Prohibited
This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Allakos 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. Allakos reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide.
Miscellaneous
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.