Important Legal Information
Disclaimer and Terms and Conditions of Use
If, upon review of this Disclaimer and Terms and Conditions of Use, you do not agree to the terms and conditions of this website, please exit this website immediately.
Website Terms and Conditions
The materials on www.sectoral.com (the "Website"), which may include text, images, audio clips, video clips, software and other materials, are provided by Sectoral Asset Management Inc. ("Sectoral") for informational purposes only. By accessing this Website or downloading its content, you acknowledge having read the entirety of this Disclaimer and Terms and Conditions of Use, and agree to be bound, without limitation or qualification, by the terms and conditions set out in this Disclaimer and Terms and Conditions of Use. Sectoral may change the terms and conditions at any time by posting revisions to this Website, and your continued use of this Website indicates your agreement to the revised terms and conditions.
Permitted Use
You agree that you are only authorized to visit and view this Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than for personal, private and non-commercial use, unless otherwise specifically authorized by Sectoral to do so. You may not pass on the information contained in this Website to any person without the prior written consent of Sectoral. The information contained on this Website is subject to change and update at any time without prior notice and Sectoral may change, suspend, or discontinue any aspect of this Website at any time.
You understand and agree that in Sectoral's sole discretion, and without prior notice, Sectoral may without notice or liability, impose limits on certain features and services or restrict your access to all or portions of this Website, or exercise any other remedy available, if Sectoral believes that your use of this Website has violated or is inconsistent with this Disclaimer and Terms and Conditions of Use, or violates the rights of Sectoral, or any third party, or violates any applicable law. You agree that monetary damages may not provide a sufficient remedy to Sectoral for violations of this Disclaimer and Terms and Conditions of Use and you consent to injunctive or other equitable relief for such violations. Sectoral may release user information about you if required by law or subpoena.
No Investment Advice
Sectoral does not intend to provide, and is not providing, investment advice through this Web site and does not represent that the securities or services discussed herein are suitable for any investor. Nothing on this Website shall constitute an offer or solicitation to buy or sell products or provide services to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. Sectoral reserves the right to require proof of residence from any user accessing this Website and requesting information. The information provided on this Website is intended for informational purposes only and is not intended to constitute financial, investment, accounting, legal or tax advice, nor is it intended as an offer or solicitation with respect to the purchase or sale of any security. Many factors unknown to us may affect the applicability of any statement or comment that we make on our Website to your particular circumstances. You should consult directly with a representative of Sectoral or your other advisors before acting on any information on this Website.
Caution About Forward-Looking Statements
Certain statements contained on this Website may constitute "forward looking" statements which involve known and unknown risks, uncertainties and other factors which may cause the actual results, opportunities, performance or achievements to be materially different from any future results, opportunities, performance or achievements expressed or implied by such forward looking statements. When used on this Website, such statements include such words as "anticipate", "believe", "could", "estimate", "expect", "intend", "may", "plan", "predict", "project", "scheduled", "will", "would" and other similar terms and phrases, including references to assumptions. These statements speak only as of the date such statements are made. Sectoral assumes no obligation to update or revise the forward-looking statements contained on this Website to reflect new events or circumstances. Forward looking statements involve significant risks and uncertainties and should not be read as assurances or guarantees of future performance or results. Accordingly, readers are cautioned not to put undue reliance on any forward-looking statement contained on this Website.
Information Accuracy
While Sectoral uses reasonable commercial efforts to ensure that the information contained on this Website is accurate, such information is provided on an "as is" and "as available" basis and may contain inaccuracies. Certain information on this Website may be provided to Sectoral by third parties, and Sectoral may not independently verify all such information. In addition, this Website could include typographical errors or out-of-date information. Sectoral does not in any way guarantee or warrant the currency, accuracy, completeness, non-infringement or authenticity of any information on this Website. SECTORAL DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO THE CONTENT OF, AND TO ANY MATTER RELATING TO, THIS WEBSITE, INCLUDING IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL SECTORAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, LICENSORS, THIRD PARTY SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM INFORMATION PROVIDED ON THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EXTRA CONTRACTUAL OR ANY OTHER BASIS, EVEN IF SECTORAL (OR ANY PARTY LISTED ABOVE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SECTORAL’S (AND ALL SUCH PARTIES LISTED ABOVE), LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Intellectual Property
This Website is owned and operated by Sectoral. Sectoral retains all rights, title and interest on behalf of itself and (where applicable) its third party suppliers to the data, text, images and intellectual property used in this Website (the "Website Content"). You acknowledge and agree that ownership of this Website Content resides in Sectoral or its third party suppliers, and agree not to challenge, directly or indirectly, ownership in and to this Website Content, or the protection of such Website Content by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. Except as authorized herein, you acknowledge and agree that you may not, directly or indirectly, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Website Content. In addition, systematic retrieval of data or other information from this Website Content to create or compile, directly or indirectly, a collection, compilation, database or directory without Sectoral's express written permission is prohibited.
Links to other Websites and Downloadable Software
This Website may contains links to facilitate your access to third party websites. Sectoral does not control any third party website and is not responsible for the contents of any linked website or any link contained in a linked website. Sectoral is providing such links to you for your convenience only and the inclusion of any link does not imply any representation, endorsement, investigation or verification by Sectoral of the linked website or information contained therein. Links to any downloadable software websites are also provided for your convenience only and Sectoral is not responsible or liable for any difficulties associated with downloading such software.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to Sectoral that you will not use this Website for any purpose that is unlawful or prohibited by this Disclaimer and Terms and Conditions of Use. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Sectoral will fully cooperate with any law enforcement authorities or court order requesting or directing Sectoral to disclose the identity of anyone posting any such information or materials. As a user of this Website, you agree to defend, indemnify and hold Sectoral harmless from any and all liabilities, costs and expenses, including attorneys' fees, related to your violation of the terms and conditions of this Legal Notice, Disclaimer and Terms of Use.
Severability
If any provision of this Legal Notice, Disclaimer and Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions shall remain in full force and effect.
Miscellaneous
The terms and conditions of this Disclaimer and Terms and Conditions of Use constitute the entire agreement between Sectoral and the users of this Website with respect to their use of this Website. Sectoral's failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part. If any part of this Disclaimer and Terms and Conditions of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.