Last Updated September 1, 2024
Welcome to the Terms of Use (these “Terms”) that apply to our websites that link to these Terms, including without limitation www.immuneering.com and ir.immuneering.com (collectively, the “Website” or “Websites”), for Immuneering Corporation (the “Company”, “Immuneering”, “we,” “our” or “us”).
These Terms govern your use of and access to content and services provided by us in connection with the Website. Please read these Terms carefully as they include important information, including about your legal rights.
By using or accessing the Website, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Website.
For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and (a) you represent and warrant that you have the authority to bind such entity to these Terms and (b) you agree to these Terms on such entity’s behalf.
- INFORMATION DISCLAIMER
Information and materials provided via the Website are provided for general informational purposes and on an “AS-IS” basis without any warranty of any kind, including without limitation, any representation or warranty as to its accuracy, completeness, or fitness for any particular purpose or use.
NOTHING IN THIS WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND IT DOES NOT PROVIDE INSTRUCTION ON THE APPROPRIATE USE OF ANY PRODUCT, PRODUCT CANDIDATE OR OTHER THERAPY THAT IS OR MAY BE PRODUCED OR SUPPLIED BY THE COMPANY. USERS OF THIS WEBSITE SHOULD BE AWARE THAT ANY PRODUCT CANDIDATES OR THERAPIES UNDER DEVELOPMENT DESCRIBED IN THE WEBSITE HAVE NOT YET BEEN FOUND SAFE OR EFFECTIVE BY ANY REGULATORY AGENCY AND ARE NOT APPROVED FOR ANY USE OUTSIDE OF CLINICAL TRIALS. NO INFORMATION PROVIDED ON THE WEBSITE SHOULD BE USED IN THE DIAGNOSIS OR TREATMENT OF ANY DISEASE OR HEALTH CONDITION. IF YOU ARE SEEKING MEDICAL ADVICE, YOU ARE URGED TO CONSULT WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL. IF YOU BELIEVE THAT YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR CALL 911 IMMEDIATELY.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. The Company does not recommend or endorse any specific therapies, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, its employees or agents, or any others appearing on the Website is solely at your own risk.
Information and materials included on the Website may be derived from reviews of relevant scientific, medical, and legal literature, from our advisors, and/or from our own research findings and clinical studies, and may reflect interpretations of the authors, advisors and Company personnel. There may always be varying opinions, interpretations, and conclusions reached by others based upon the same, similar, or different research.
WHILE WE ENDEAVOR TO KEEP THE INFORMATION ON THE WEBSITE CURRENT AND CONSISTENT, INFORMATION MAY BECOME OUTDATED OVER TIME, OR SUPERSEDED BY SUBSEQUENT DISCLOSURE. THE WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES, INCONSISTENCIES, OR TYPOGRAPHICAL ERRORS. WE ASSUME NO LIABILITY FOR ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION CONTAINED ON THE WEBSITE. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITE.
Please see Section 7 below for additional disclaimers.
- WHO MAY USE THE WEBSITE
2.1 Minimum Age. You must be 18 years of age or older to use our Website. Minors under the age of 18 but who are at least 13 years of age are only permitted to access or use our Website if the minor’s parent or legal guardian accepts these Terms on the minor’s behalf, prior to access or use of the Website. Children under the age of 13 are not permitted to access or use the Website. By accessing or using the Website, you represent and warrant that you meet these requirements.
2.2 Location. Our Website is operated from the United States of America but is generally available for access outside of the United States. We make no representation or warranty that the information on the Website is appropriate or available for use in locations other than the United States of America, and access to our Website from territories where the content of our Website may be illegal is prohibited. Those who choose to access our Website from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws.
- PRIVACY
3.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Website. We encourage you to review our Privacy Policy.
- YOUR USE OF THE WEBSITE
4.1 Use of the Website; Entire Agreement. Subject to your compliance with these Terms, we hereby grant to you a limited right to access and use the Website, and view the content provided to you as part of the Website, for your personal, non-commercial and informational purposes only. Except as expressly provided in these Terms, nothing contained in the Website grants or shall be construed as granting a license or any other rights to you, including under any patent, trademark, copyright, or other intellectual property of the Company or any third party. These Terms constitute the entire agreement between us and you with respect to the Website.
4.2 Restrictions On Your Use of the Website. You may not do any of the following, unless applicable laws prohibit these restrictions or you have our express written permission from the Company to do so:
(a) exploit the Website for any commercial purpose, including without limitation: communicating or facilitating any commercial advertisement or solicitation;
(b) download, modify, copy, distribute, transmit, display, perform, reproduce, reverse engineer, publish, license, create derivative works from, or offer for sale any content contained on, or obtained from or through, the Website, including any text, images, audio or video;
(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Website;
(d) use automation software (e.g. bots) or any other unauthorized software, program, code or process (including from a third-party) designed to attempt to gain unauthorized access to, damage, disrupt or modify the Website or otherwise circumvent any technological measure or consent protections of the Website;
(e) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
(f) introduce any viruses, trojan horses, worms or other malicious materials; or
(g) use the Website for illegal, harassing, unethical or disruptive purposes or access or use the Website in any way not expressly permitted by these Terms.
- OWNERSHIP AND CONTENT
5.1 Ownership of the Website. The Website and its content, including their “look and feel” (e.g., text, graphics, videos, images, logos, color schemes, etc.), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that we and/or our licensors own all right, title and interest in and to the Website (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.
5.2 Ownership of Trademarks. The “Immuneering” name and all related logos, product and service names, and designs are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, and designs that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- THIRD PARTY SERVICES AND MATERIALS
6.1 Use of Third Party Materials on the Website. The Website may display, include or make available content, data, information, websites or other links, applications or materials from third parties or provide links to certain third-party websites (“Third Party Materials”). We do not examine or evaluate the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, quality or any other aspect of such Third Party Materials. We do not endorse and do not assume any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products or services of third parties. Third Party Materials are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials please contact such third party directly.
- DISCLAIMERS
7.1 Disclaimers. Your access to and use of the Website are at your own risk. The Website and any related content, tools, features and functionality offered on the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, we, our affiliates, related companies, and our and their officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (b) any harm to your computer system, loss of data or other harm that results from your access to or use of the Website; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Website will be available on an uninterrupted, secure or error-free basis. You understand that we may modify, expand, reduce, suspend, disable or terminate all or any part of the Website at any time or discontinue, change or restrict your use of the Website for any or no reason without notice.
7.2 THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, AND / OR LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7.3 YOU UNDERSTAND AND AGREE THAT BY USING THE WEBSITE YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, AND / OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
- LIMITATIONS OF LIABILITY
8.1 TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE.
- INITIAL DISPUTE RESOLUTION; GOVERNING LAW AND VENUE.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
9.1 Informal Process First. You agree that in the event of any dispute, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing us thirty (30) days in which to respond. You agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any other legal action. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Website.
9.2 Governing Law and Venue. The laws of the state of Massachusetts in the United States of America shall govern these Terms, without reference to its choice of law rules. Any disputes arising under these Terms or your use of the Website shall be tried exclusively in the United States District Court for the District of Massachusetts or, if subject matter jurisdiction does not exist in that court, then in the state courts of Massachusetts for Suffolk County, and you hereby expressly consent to, submit to and waive any objection to the jurisdiction of such courts; provided however, if you are a U.S. Federal or state non-profit organization and provide reasonable proof that you are required by the statutory law of a jurisdiction to resolve disputes in an alternative U.S. jurisdiction, then such jurisdiction shall be binding upon the parties.
- SECURITIES LAWS
10.1 Forward-Looking Statements. This Website may contain forward-looking statements about the Company’s future expectations, plans, prospects, objectives and strategies and the Company’s actual results, performance, or achievements may differ materially from those expressed or implied by any forward-looking statements due to a number of known and unknown risks and uncertainties, and other factors, many of which are beyond Company’s control. The Company has no obligation to update any forward-looking statements appearing on the Website as a result of new information or future events.
10.2 Securities Filings Separate. No information contained in the Website is intended or shall be deemed to be incorporated into or considered to be part of any of Company’s filings with the Securities and Exchange Commission or any other regulatory agency.
10.3 No Offers. Nothing contained in this Website constitutes an offer, solicitation or recommendation regarding any security of the Company or any third party.
- ADDITIONAL PROVISIONS
11.1 Updating These Terms. We may, in our sole discretion, modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms.
11.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy, and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law or in equity without a bond, other security or proof of damages.
11.3 Severability. If any provision of these Terms, in full or in part, shall be unlawful, void or for any reason unenforceable, then that provision, in full or in part, shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11.4 Employment Opportunities. Immuneering may post employment opportunities on the Website and/or invite you to submit résumés for employment opportunities. If you choose to submit your name, contact information, résumé and/or other personal information to Immuneering, you are authorizing Immuneering to utilize this information for all lawful and legitimate hiring and employment purposes. Immuneering also reserves the right, in its sole discretion, to forward the information that you submit to its parents, subsidiaries, affiliates, service providers and / or other agents for legitimate business purposes and as described in the Privacy Policy. Nothing in these Terms or contained in the Website shall constitute a promise by Immuneering to interview, hire or employ any individual who submits information, nor shall anything in these Terms or contained in the Website constitute a promise that Immuneering will review any or all of the information submitted to it by you. In the recruitment of individuals for employment, Immuneering will not unlawfully discriminate on the basis of race, color, religion, sex, age, national origin, disability, or any other basis prohibited by applicable law. Immuneering encourages all qualified applicants to apply.
11.5 Miscellaneous. These Terms and the licenses granted hereunder may be assigned by us but may not be assigned by you without our prior express written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
11.6 How to Contact Us. If you have any questions about these Terms, please contact the Immuneering Webmaster using the Contact Us section of the website.
