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MELINTA THERAPEUTICS TERMS OF USE



NOTICE

Melinta Therapeutics (“Melinta” of the “Company”) provides the services
available on our website at melinta.com and any of our other websites, mobile
applications or other online services that link to these terms and conditions
(collectively the “Website”) subject to the following terms and conditions (the
“Terms and Conditions”). By accessing or using the website, you are
acknowledging that you have read, understand and agree, without limitation or
qualification, to be bound by these Terms and Conditions, and that you have read
and understood the terms and conditions of Melinta’s Privacy Policy. Melinta
reserves the right, in its sole discretion, to change the Terms and Conditions
at anytime, as appropriate. As you are bound by any such revisions, you should,
therefore, periodically visit this page to review the then-current conditions
applicable to your use of this website. Your continued use of the Website
following such changes shall be deemed your acceptance of the changes.

TERMS AND CONDITIONS

 1.  INTENDED USE AND ACCURACY OF INFORMATION. The Website is for general
     informational purposes only. While care has been taken to confirm the
     accuracy of the information presented, the Company and its respective
     authors, editors, reviewers, and contributors are not responsible for
     errors or omissions or for any consequences from application of the
     information herein and make no warranty, expressed or implied, with respect
     to the currency, completeness, usefulness, or accuracy of the contents of
     the Website. We reserve the right to add, modify, correct or delete any
     information to or from the Website at any time without any notice. The
     Company makes no commitment, however, to update or correct such
     information.
 2.  MEDICAL AND PRODUCT INFORMATION. The Website is not intended to diagnose,
     treat, mitigate, or prevent any disease. The Website is not to be used as a
     substitute for clinical judgment, advice, diagnosis or treatment of any
     health condition or problem. In using the Website, you agree that the
     Company is not, or will not be, liable or otherwise responsible for any
     decision made or any action taken or any action not taken due to your use
     of the Website. Health-related information changes frequently and
     therefore, the information contained on the Website may be outdated,
     incomplete, or incorrect. Applying this information in a particular
     situation remains the user’s responsibility. The information in this
     Website and the Website itself are intended to comply with the laws and
     regulations of the United States, and the Website and the information
     pertaining to Company products that appears on the Website is intended for
     use only by residents of the United States. The Company makes no
     representation that materials or Company product information contained in
     this Website are appropriate or available for use in locations outside the
     United States. Those who choose to access this Website from other locations
     do so on their own initiative and are responsible for compliance with local
     or national laws, if and to the extent local or national laws are
     applicable. Any portion of this Website is void where prohibited.
 3.  CONSENT TO USE OF DATA. Please carefully read our Privacy Policy, which is
     incorporated into and made part of the Terms and Conditions, to learn how
     Melintacollects, uses, discloses and stores information provided. When you
     submit information to or through the Website, you consent to the
     collection, processing and retention of your information as described in
     the Privacy Policy.
 4.  PROPRIETARY RIGHTS. Unless otherwise noted, you should assume that all
     contents of this Website are protected by applicable intellectual property
     and other laws, and acknowledge that the Company owns all right, title and
     interest in and to the Website, including without limitation all
     Intellectual Property Rights therein and thereto.“Intellectual Property
     Rights” means any and all rights existing from time to time under patent
     law, copyright law, trade secret law, trademark law, unfair competition
     law, and any and all other proprietary rights, and any and all
     applications, renewals, extensions and restorations thereto, now or
     hereafter in force and effect worldwide. You agree that you will not, and
     will not allow any third party to, (a) copy, sell, license, distribute,
     transfer, modify, adapt, transmit, reuse, repost, translate, prepare
     derivative works, or use the Website for public or commercial purposes
     without the Company’s express written permission, (b) remove, obscure, or
     alter the Company’s or any third party copyright notices, trademarks, or
     other proprietary rights notices affixed to or contained within or accessed
     in conjunction with or through the Website, or (c) use the Website to
     access, copy, transfer, transcode or retransmit content in violation of any
     law or third party rights. The trademarks and logos displayed on this
     Website are registered and unregistered trademarks of Company. You may view
     and copy materials on the public portions of the Website solely for
     non-commercial, personal, and informational use. Any copy of this material
     or information you copy shall retain all copyright and other proprietary
     notices in the same form and manner as on the original. No other use of the
     information is authorized. Nothing contained in this Website should be
     construed as granting, by implication, estoppel or otherwise, any license
     or right in and to the trademarks or logos without Company’s express
     written permission.
 5.  LINKS. This Website may contain links to other websites, including links to
     third-party websites. Inclusion of any link does not imply endorsement by
     the Company of a third-party website. The Company does not have any
     knowledge of the information contained in such other websites, nor does
     Company have any control over the content on such websites. The Company,
     therefore, does not take any responsibility whatsoever for the information
     contained on other websites. Linking to any other off-website pages or
     other websites is at your own risk.
 6.  INDEMNIFICATION. To the fullest extent permitted by law, you agree to
     indemnify, defend and hold Melinta, its respective officers, employees and
     suppliers harmless from any claim or demand, including reasonable
     attorneys’ fees, made by any third party due to or allegedly arising out of
     your use of the Website or any breach of this Agreement or violation of any
     rights of another.
 7.  DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS
     PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MELINTA DOES NOT MAKE ANY
     WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR
     THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
     ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT
     MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE ACCURACY OR RELIABILITY OF
     ANY INFORMATION OBTAINED THROUGH THE WEBSITE (INCLUDING THIRD PARTY
     CONTENT) OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE COMPANY
     AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
     IMPLIED OR STATUTORY REGARDING THE WEBSITE, INCLUDING ANY IMPLIED WARRANTY
     OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
     NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
 8.  LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
     LAWS, AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM
     MELINTA’S NEGLIGENCE AS DETERMINED BY A COURT OF LAW, THE COMPANY HEREBY
     EXCLUDES LIABILITY FOR ANY CLAIMS, LOSS, DEMANDS, OR DAMAGES OF ANY KIND
     WHATSOEVER WITH RESPECT TO THE SERVICES, AND ANY INFORMATION, CONTENT,
     ADVERTISEMENTS, OR PRODUCTS PROVIDED OR DISTRIBUTED THROUGH THE WEBSITE
     INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR
     CONSEQUENTIAL LOSS, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH
     LOSS HAS BEEN NOTIFIED TO THE COMPANY. THE FOREGOING WILL APPLY WHETHER
     SUCH CLAIMS, LOSS, OR DAMAGES ARISE IN TORT, CONTRACT, NEGLIGENCE, UNDER
     STATUTE, OR OTHERWISE. IF YOU ARE A CONSUMER YOUR STATUTORY RIGHTS, IF ANY,
     ARE NOT LIMITED.
 9.  EXCLUSIONS AND LIMITATIONS. These Terms and Conditions are not intended to
     exclude or limit any condition, warranty, right or liability which may not
     be lawfully excluded or limited. Some jurisdictions do not allow the
     exclusion of certain warranties or the limitation or exclusion of liability
     for incidental or consequential damages. Accordingly, some of the above
     limitations of paragraphs 7 and 8 above may not apply to you and the
     Company’s liability will be limited to the maximum extent permitted by law.
 10. GENERAL. You agree to access and use the Website in accordance with all
     applicable laws andregulations, including, without limitation, state and
     federal laws and regulations. Youagree not to use the Website for any
     illegal or wrongful purposes.You acknowledge and agree that the Terms and
     Conditions constitute the complete and exclusive agreement between you and
     the Company concerning your use of the Website, and supersede and govern
     all prior proposals, agreements, or other communications. In the event that
     any provision of the Terms and Conditions shall be unenforceable or invalid
     under any applicable law or be so held by any applicable court decision,
     such unenforceability or invalidity shall not render these Terms and
     Conditions unenforceable or invalid as a whole. If you have any questions
     about the Terms and Conditions, please contact info@melinta.com.

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 * Contact Us

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