Last Updated: April 7, 2023
1. CERTAIN DISCLAIMERS
ALL INFORMATION CONTAINED ON THE SITES, INCLUDING ANY PRODUCT, SERVICE, BUSINESS OR MEDICAL INFORMATION, IS SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT A SUBSTITUTE FOR ACTUAL MEDICAL CARE. PERSONS REQUIRING DIAGNOSIS OR TREATMENT, OR WHO HAVE SPECIFIC QUESTIONS RELATED TO THEIR CONDITION OR CARE, ARE URGED TO CONTACT THEIR HEALTH CARE PROVIDER. IO BIOTECH MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITES, AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
2. INTELLECTUAL PROPERTY OWNERSHIP
All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Sites, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Sites (the “Materials”) are owned by IO Biotech and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between IO Biotech and you, all right, title and interest in and to the Materials will at all times remain with the Owners. The words “IO Biotech,” the “IO” and “IO Biotech” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of IO Biotech. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, IO Biotech may revoke any of the foregoing rights and your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
3. RESTRICTIONS ON USE
4. FORWARD-LOOKING STATEMENTS
This Site contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements, including regarding IO Biotech’s ability to successfully develop and commercialize its therapeutic products, current or future clinical trials, their progress, enrollment or results, or the company’s financial position or cash runway, are based on IO Biotech’s current assumptions and expectations of future events and trends, which affect or may affect its business, strategy, operations or financial performance, and actual results and other events may differ materially from those expressed or implied in such statements due to numerous risks and uncertainties. Forward-looking statements are inherently subject to risks and uncertainties, some of which cannot be predicted or quantified. Because forward-looking statements are inherently subject to risks and uncertainties, you should not rely on these forward-looking statements as predictions of future events. These forward-looking statements speak only as of the date hereof and should not be unduly relied upon. Except to the extent required by law, IO Biotech undertakes no obligation to update these statements, whether as a result of any new information, future developments or otherwise.
6. SUBMITTED IDEAS
You understand and agree that your access to and use of the Sites, the Materials, and all information available through the Sites are at your own initiative and risk. We do not promise, covenant, represent, warrant or guarantee that you or any other user of the Sites will obtain any particular or tangible result or goal through the use of the Sites, or obtain any other product or service in connection with the use of the Sites.
WITHOUT LIMITING THE FOREGOING, THE SITE, THE MATERIALS AND ALL OTHER FEATURES ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN IO BIOTECH HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IO BIOTECH, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, IO BIOTECH DOES NOT MAKE ANY WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, MATERIALS, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. IO BIOTECH RESERVES THE RIGHT TO CHANGE ANY PART OF THE SITE AT ANYTIME WITHOUT NOTICE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE IO BIOTECH, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE MATERIALS, OR THE INFORMATION AND CONTENT ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH THE IO BIOTECH; OR (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET. UNDER NO CIRCUMSTANCES SHALL THE IO BIOTECH, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR ANY OTHER CAUSE BEYOND THE CONTROL OF IO BIOTECH, EVEN IF THE IO BIOTECH WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE IO BIOTECH, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF THE IO BIOTECH, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, THE IO BIOTECH AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold the IO Biotech, and the officers, directors, employees and agents of the IO Biotech, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), brought by any third-party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Site or the IO Biotech, your access to and use of the Content, the Site and other Materials available on or through the Site and the IO Biotech, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
10. UPDATES TO THESE TERMS
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY IO BIOTECH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, IO Biotech will make a new copy of the Terms available at the Sites. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Sites. IO Biotech may require you to provide consent to the updated Terms in a specified manner before further use of the Sites is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Sites. Otherwise, your continued use of the Sites constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.