Terms and Conditions of Use
(Updated and Effective: January 2020)
Vericel web sites are intended for lawful use by U.S. adults only and are intended to comply with U.S. laws and regulations. All information provided on Vericel websites is for general informational and educational purposes only. Certain sections of Vericel web sites, or certain Vericel web sites, may be intended for use by health care professionals only. In those cases, health care professionals will be asked to self-identify before proceeding to such pages or web sites.
Availability of the Site
Access to the Site is permitted at Vericel's discretion. Vericel reserves the right to withdraw, amend, or restrict the services we provide on this Site without notice.
Right to Alter or Remove Content. Right to Suspend Accounts
Medical Information Provided is Not a Substitute for Medical Advice and Attention
The information included in (or accessible from) this or any Vericel web site may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of Vericel's pharmaceuticals under development. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of Vericel's patent protection with respect to such product candidates; the commercial success of Vericel's products; the ability of the company to attract and retain qualified personnel; the performance of Vericel's licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.
Third Party Web Sites and Links
Certain links on Vericel web sites may lead to sites or sources located on servers maintained by third parties over which Vericel has no control. If you use these links, you will leave Vericel's web site. Please remember that linked sites are not necessarily Vericel sites and the information could change without Vericel's knowledge. Third party linked sites and their contents should not be attributed to Vericel (or any of its affiliated companies) in any manner. Vericel has not attempted to verify the truth or accuracy of any third party or content and does not make any representations or warranties about them. If you decide to access any of the third party sites linked to this Vericel web sites, you do so entirely at your own risk.
This web site may make chat rooms, forums, Listservs and message boards available to its users. By accessing and using any such features, or by in any other manner sending information to Vericel, you represent that you are solely responsible for all the content, including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, User Content) that you post, e-mail, or otherwise transmit via this Site. You represent by posting that your User Content complies with all applicable laws and regulations, including, but not limited to, the Digital Millennium Copyright Act.
You will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the web site by you or by others using your username and password. You also grant us a royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the materials you post or submit via such features. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction.
If you believe that material on our web sites infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Attn: Office of the General Counsel
64 Sidney Street
Cambridge, MA 02139
Or by email to: [email protected]
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
No confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic response to Vericel (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Vericel shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
Information accessed through any Vericel web site is presented in summary and interactive form and is not exhaustive. VERICEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHERMORE, VERICEL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS, SERVICES, OR PRICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. VERICEL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VERICEL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY GOODS OR SERVICES PURCHASED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusion may not apply.
LIMITATION OF LIABILITY
Vericel does not accept any liability for consequences arising from the use or misuse of any information provided on our web sites. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL VERICEL OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE A VERICEL WEB SITE, ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, YOUR RELIANCE ON ANY SUCH CONTENT, OR ANY OTHER INFORMATION OR INTERNET SITE WHICH LINKS TO THIS WEB SITE. In no event will Vericel, its Service Providers, or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon information provided through this site. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply.
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by Vericel or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of Vericel.
Names, trademarks, service marks, trade names, trade dress, logos and Vericel products appearing on this site, including the "Vericel" logo, are trademarks and service marks owned by Vericel Corporation or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Vericel, except with the express written permission of Vericel. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Vericel or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Vericel copyright or trademark.
Vericel is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where Vericel suffers damage. No license is granted to you to use any trademark of Vericel or Affiliates. You shall not assert any claim or ownership to any such trademarks.
Vericel gives you permission to copy pages of Vericel web site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.
Governing Laws; Enforcement