Last Updated: March 2024
Thank you for visiting the Frazier Healthcare Partners (“Frazier”, “we”, or “us”) website (the “Site”). Please read these Terms of Use carefully before using the Site. By accessing the Site in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. Any changes made to the Terms of Use will only apply prospectively. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.
DISCLAIMER OF PROFESSIONAL OR FINANCIAL ADVICE
NOTHING IN THIS SITE CONSTITUTES PROFESSIONAL, INVESTMENT AND/OR FINANCIAL ADVICE, NOR DOES ANY INFORMATION ON THIS SITE CONSTITUTE A COMPREHENSIVE OR COMPLETE STATEMENT OF THE MATTERS DISCUSSED OR THE LAW RELATING THERETO. FRAZIER LIFE SCIENCES MANAGEMENT, L.P. INVESTMENT ADVISORY SERVICES ARE PROVIDED ONLY TO A LIMITED NUMBER OF PRIVATE INVESTMENT VEHICLES. FRAZIER LIFE SCIENCES MANAGEMENT, L.P. DOES NOT MAKE ITS SERVICES AVAILABLE TO THE GENERAL PUBLIC. NO ACTION SHOULD BE TAKEN OR NOT BE TAKEN IN RELIANCE UPON INFORMATION ON THIS SITE. ADVICE FROM A SUITABLY QUALIFIED PROFESSIONAL SHOULD ALWAYS BE SOUGHT IN RELATION TO ANY PARTICULAR INVESTMENT DECISION, MATTER OR CIRCUMSTANCE.
NOTHING ON THIS SITE CONSTITUTES OR FORMS A PART OF ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES, NOR SHOULD IT OR ANY PART OF IT FORM THE BASIS OF, OR BE RELIED UPON IN ANY CONNECTION WITH ANY CONTRACT OR COMMITMENT WHATSOEVER.
WEBSITE PRIVACY NOTICE
In addition to these Terms of Use, your use of and access to the Site is also subject to our website privacy notice (inclusive of any applicable jurisdictional supplements, the “Site Privacy Notice”), available at www.frazierhealthcarepartners.com/privacy-policy which is incorporated by reference herein, as applicable. The Site Privacy Notice contains additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You acknowledge that you have read, understand, and agree to abide by, the Site Privacy Notice.
RULES OF CONDUCT
There are a few rules of conduct that you are required to follow when you use the Site:
OWNERSHIP OF SITE CONTENT
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including such content and materials) for your own personal, non-commercial use, but you may not exploit it commercially. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
CHANGES TO THIS SITE
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
SUSPENSION OR TERMINATION OF ACCESS
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
LINKING POLICIES
The Site may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites. When you visit a linked website, you should read the terms of use and privacy policy that govern that particular linked website.
We welcome links to the Site so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site), (ii) the link to the Site does not state or imply any sponsorship of your website or service by us or by the Site; and (iii) the Site is not display-framed within or obfuscated by other content. You may not use on your website any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.
JURISDICTIONAL ISSUES
We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
APPLICABLE LAW: NO WAIVER; SEVERABILITY
These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
GOVERNING JURISDICTION
ANY DISPUTE NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE, OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A STATE COURT SITTING IN DELAWARE. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN THE FEDERAL OR STATE COURTS SITTING IN DELAWARE, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
DISCLAIMER OF WARRANTIES
WE PROVIDE THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE). THIS MEANS THAT WE MAKE NO PROMISES THAT:
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
LIMITATIONS OF LIABILITY
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY ASPECT OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (1) THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), (2) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (3) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
INDEMNITY
You agree that you will be solely responsible for, and that you will defend, indemnify and hold us, our parents, subsidiaries and other affiliates and each of our and their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification, but you must still indemnify us for all liabilities, losses or damages. You agree to provide us with whatever cooperation we reasonably request.
OTHER
These Terms of Use, and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
The Site is offered and available to users who are 16 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Frazier. If you do not meet all of these requirements, you must not access or use the Site.
Nothing in these Terms of Use may be used to construe you and us as joint venturers, co-employers, partners or agents of each other, and neither you nor we have the power to obligate or bind each other in any way whatsoever.
YOU AGREE THAT SUBJECT TO ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact the Frazier Healthcare Partners at 1-800-339-8895.
