Terms & Conditions

Effective as of March 15, 2021
Last Updated: March 15, 2021

Acceptance of Terms

The following terms and conditions govern all use of the swanbiotx.com website (the “Website”). SwanBio Therapeutics, Inc. (Collectively “SwanBio”, “Swan”, “us”, “we” or “our”) offers this Website subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by SwanBio (collectively, the “Terms of Use”).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Services

SwanBio maintains this Website as a service to the user community that visits the Website subject to these Terms of Use. On the Website you may (i) view general information about SwanBio, including, without limitation, its products, (ii) at your election, request (and SwanBio may provide) additional information about SwanBio, or (iii) subscribe to various information services (to the extent such information services are offered on the Website) concerning SwanBio products and business (collectively, the “Services”).

Changes

SwanBio reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

SwanBio may update the content on the Website at any time. Any of the content on the site may be out of date at any given time, and SwanBio is under no obligation to update it.

Use of Website

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. The content on this Website is intended to be a general information resource in regard to the subject matter covered but is provided solely on an “as is” and “as available” basis as noted in this Terms of Use. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. SwanBio is not engaged in rendering medical or similar professional services or advice via this Website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe SwanBio publication of the Content as an endorsement by SwanBio of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the Content. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website.

THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SWANBIO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Content. This Website contains material, including but not limited to software, text, data, information, links, graphics and images or other material accessible through the website (collectively referred to as the “Content”). As between you and SwanBio, SwanBio is the owner of all right, title and interest in and to all Content. The Content is protected by U.S.A. and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Terms of Use. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Terms of Use, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

Trademarks. The trademarks, service marks, and logos of SwanBio (the “SwanBio Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of SwanBio. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with SwanBio Trademarks, the “Trademarks”). Nothing on this Website or in this Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of SwanBio specific for each such use. Without limiting the generality of the foregoing, the Trademarks may not be used to disparage SwanBio or the applicable third-party, SwanBio’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Website is prohibited without SwanBio’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to SwanBio’s benefit.

Prohibited Actions. You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Website, (d) delete or alter any material posted on this Website by SwanBio or any other person or entity, (e) frame or link to any of the materials or information available on this Website, (f) use any robot, spider, scraper, crawler or other automated means to access the Website for any purpose or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website, and/or (g) attempt to gain unauthorized access to the Website, or any accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means.

External Sites. The Website contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all Websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Protection of the Website. Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content for this Website may be retransmitted without the express written consent from SwanBio for each and every instance.

Information sent to SwanBio. If you submit any feedback, data, graphics, questions, comments, suggestions or the like to SwanBio (“your submissions”), SwanBio will treat your submissions as non-confidential and non-proprietary. You are the owner of and are responsible for your submissions but grant SwanBio a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and publicly perform your submissions in all formats and distribution channels now known or hereafter devised to provide, expand or promote the Website and our products without further notice to or consent from you.

By submitting your submissions, you represent and warrant that:

Cookie Policy. SwanBio uses cookies (small text files placed on your device) and similar technologies, directly or through third parties, to provide this Website and provide services and help collect data (“Services”). This data allows SwanBio to, among other things, store your preferences and settings; enable you to sign-in to websites or applications; provide interest-based information; combat fraud; and analyze how our Services are performing.

Forward-Looking Statements. This Website and its Contents may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and federal securities laws of the U.S.A. Any statements contained in this Website that do not describe historical facts are forward-looking statements that involve estimates, assumptions, risks and uncertainties that could cause actual results to differ materially from those discussed in such forward-looking statements. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “might,” “plan,” “predict,” “project,” “target,” “potential,” “contemplate,” “anticipate,” “goals,” “will,” “would,” “could,” “should,” “continue,” and similar expressions, or the negative of any of these terms, are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. SwanBio cautions visitors to this Website not to place undue reliance on any forward-looking statements which speak only as of the date they are made. SwanBio disclaims any obligation to update or revise any such statements, except as required by law, to reflect any change in expectations or in events, conditions or circumstances on which any such statements may be based, or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements.

Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SWANBIO (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SWANBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Miscellaneous. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, excluding its conflicts of law rules. Any legal action or proceeding related to the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Pennsylvania. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. SwanBio may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by SwanBio, except as otherwise provided herein (including in the “Changes” section above). No agency, partnership, joint venture, or employment relationship is created as a result of this Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Additional Information. If you have any questions concerning these Terms of Use please contact: legal@swanbiotx.com.