Effective Date: June 3, 2016
The Effective Date of these Terms is set forth at the top of this webpage. You understand and agree that we may amend these terms without notice. Your continued use of our online services after the Effective Date constitutes your acceptance of any amended Terms.
Pledge on Privacy
Intarcia is committed to maintaining the privacy and security of your personal data ("personal data" refers to information which can be used to identify you, such as your name, e-mail address, or national provider identifier number). In processing your personal data, Intarcia pledges to collect, use, share, and maintain your personal data as provided in these Terms.
Collection of Personal Data
Most of Intarcia’s online services do not require any form of registration, allowing you to visit Intarcia.com or use other online services without revealing who you are. However, some services may require registration or other user interaction. When you register with Intarcia, you may need to complete certain fields. In these situations, you may choose not to opt in to provide the requested information. However, if you choose to withhold any personal data requested by Intarcia, it may not be possible for you to gain access to or use the online services. In addition, third parties that assist us with our business may also collect and use information (including personal data and usage data) through the online services. For example, our vendors collect and share information with us to analyze use of Intarcia.com to help us detect and prevent fraud and to improve user experience.
Intended Use of Personal Data
Intarcia’s online services process personal data for specific and limited purposes. For example, Intarcia may collect and use personal data to communicate with you regarding products or services. Information you send to Intarcia through Intarcia.com or other online services is otherwise kept private. The personal data you provide may be linked (subject to all applicable laws) with the personal data provided elsewhere, or received from third parties, that we will use for our business purposes, such as research or market analysis.
Non-Disclosure of Personal Data
Intarcia will not sell, share, or otherwise distribute personal data collected via the online services to third parties, except when they are acting on our behalf to process data consistent with the purpose(s) for which it was originally collected. We will not disclose personal data to third parties for their direct marketing purposes. Such third parties may operate under different privacy policies. In addition, in certain limited circumstances and as we deem necessary, Intarcia may release your personal data in response to a court order, subpoena, search warrant, regulation, binding order of a data protection agency, governmental request or other legal or regulatory process. Intarcia may disclose information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Intarcia and our customers or others.
Automatic Data Collections, "Cookies", and “Do Not Track” Signals
Intarcia automatically collects information about your computer browser type and operating system, websites visitation, server log information, Internet Protocol addresses, and mobile phone service information. The online services use a technology called "cookies" to estimate and report site traffic and to help improve the contents of the site. The cookies used by the online services do not allow access to users' personal data, but the cookies may be used to identify individual computers. You have the ability to accept or decline cookies by modifying the settings of your Web browser. If you choose to decline cookies, you may not be able to fully experience the interactive features of the online services. Some web browsers incorporate a "do-not-track" (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity tracked. Intarcia, along with many other digital service operators, do not currently respond to DNT signals.
Personal Data and Children
Intarcia will not knowingly collect, use, or disclose personal data from a minor under the age of 13 through the online services without obtaining prior consent from a person with parental responsibility (i.e. a parent or guardian) through direct off-line contact. Intarcia will provide the parent with (i) notice of the specific types of personal data being collected from the minor, and (ii) the opportunity to object to any further collection, use, or storage of such information. Intarcia abides by the Children's Online Privacy Protection Act in the United States.
Links to Other Sites
These Terms apply only to Intarcia.com and Intarcia’s other online services and does not include third-party websites. Intarcia’s online services may include links to other websites that Intarcia believes may be of interest to its visitors. A link to a third-party website does not mean that Intarcia endorses the site. We cannot guarantee the quality or accuracy of information presented, or be responsible for the contents of, non-Intarcia websites.
Intarcia takes reasonable precautions intended to help protect information that we collect and store in accordance with applicable law. Unfortunately, however, no security measure is 100% secure. We cannot guarantee the security of information transmitted to or by us. Intarcia expects that you will use appropriate security measures to protect information you submit to us.
Intellectual Property Rights
All contents on the online services are protected by copyright and/or other intellectual property laws. You may view and copy materials on the public portions of the online services solely for lawful, non-commercial, personal, and informational use. Any copy you create shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use is authorized.
All trademarks, logos and service marks ("Marks") displayed on Intarcia’s online services are the property of Intarcia or third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third party that owns the Mark. Intarcia, Medici Drug Delivery System™, RethinkT2D, T2D Time to Disrupt, T2D, and all associated logos are trademarks of Intarcia. Intarcia and the Intarcia logo are registered trademarks of Intarcia. DUROS is a registered trademark of ALZA Corporation, Mountain View, CA, licensed to Intarcia Therapeutics, Inc.
Nothing contained in the online services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to Intarcia’s Marks, patents, trade secrets or other intellectual property embodied in the online services. Unauthorized use of any of the Marks or Intarcia’s other intellectual property may violate law. All rights not expressly granted herein are reserved by Intarcia. Unless Intarcia provides you with written authorization to do so, you may not: incorporate any of Intarcia’s content into any other work (such as your own website) or use it in any public or commercial manner; change any of the notices about copyright, trademarks or other intellectual property rights that may be part of Intarcia’s content; or “deep link” to any of the online services (i.e., link to any page other than the home page of one of the Services).
Disclaimers and Limitations of Liability
Your use of the online services is solely at your own risk. ALL INFORMATION PROVIDED BY INTARCIA’S ONLINE SERVICES IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOVER. INTARCIA, ITS AFFFILIATES AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE ONLINE SERVICES (INCLUDING, WITHOUT LIMTATION THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
IN PROVIDING THE ONLINE SERVICES, INTARCIA IS IN NO WAY ENGAGED IN THE PRACTICE OF MEDICINE OR ACTING AS A HEALTH CARE PROVIDER. ANY TREATMENT, PROCEDURE, INFORMATION, MEDICATION, PRODUCT OR OTHER INFORMATION REFERENCED BY THE ONLINE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF TREATMENT, THERAPY, PROCEDURE, INFORMATION, PRODUCT OR MEDICATION. THE ULTIMATE RESPONSIBILITY FOR DIAGNOSING AND TREATING ANY PATIENT RESTS WITH THE PATIENT’S HEALTH CARE PROVIDER.
Intarcia, its affiliates and partners shall not be liable for any damages whatsoever (including indirect, special, punitive, consequential, or incidental damages) resulting from use of our website, the online services, or the materials, information or hyperlinks contained in it (or on any other hyperlinked website), even if Intarcia, its affiliates, or partners have been expressly advised of the possibility of such damages. You agree to hold Intarcia, its affiliates, and partners harmless from and against any claims or actions based upon or related to the use of our website, the online services, or any hyperlinked website.
The foregoing disclaimers and limitation of liability will not apply to the extent prohibited by applicable law. If such exclusions apply, the liability of Intarcia shall be limited to the greatest extent permitted by law. You acknowledge and agree that the above limitations, together with the other provisions in these Terms that limit liability, are essential terms and that Intarcia would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations.
You agree to defend, indemnify and hold harmless Intarcia from any and all losses, damages or other liability, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorneys' fees and the costs of pursuing any insurance providers or enforcing any right to indemnification hereunder arising out of or are related to your violation of these Terms or use or misuse of Intarcia’s online services. Intarcia reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Intarcia may be made without Intarcia’s prior written approval.
The online services are based in the United States and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts in Boston, MA. You acknowledge that you may not be able to access Intarcia.com and other services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access Intarcia.com and other online services from outside the United States, you are responsible for compliance with local laws.
Your right to access and use Intarcia.com any other online service automatically terminates when you fail to comply with these Terms. Intarcia may terminate or modify your access to Intarcia.com or other online services, with or without notice and at any time for any reason. Termination shall not limit any of Intarcia’s other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
These Terms contain the entire understanding by and between Intarcia and you with respect to the matters contained herein. These Terms inure to the benefit of and will be binding upon Intarcia’s and your successors and assigns, respectively. These Terms may be assigned by Intarcia but you may not assign these Terms without the prior express written consent of Intarcia. Nothing contained in these Terms will be deemed to constitute Intarcia or you as the agent or representative of the other or as joint venturers or partners. Headings and captions are for convenience only.