These Terms may be changed by TESARO at any time with or without notice. TESARO will post any changes to these Terms on this page so that you are always aware of the current Terms. Your continued use of the Website means that you have accepted the updated version of the Terms.
1. Conduct as a User
Unless otherwise expressly provided in these Terms, the content and services on this Website are for your personal, informational, and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such content or services without written permission from TESARO.
2. Your Information
“Your Information” includes any information you provide to us, including, without limitation, any information we collect through your use of the Website or through any email feature.
You are solely responsible for Your Information and any information that you provide to us. We may take any action we deem necessary and appropriate in our sole discretion if we believe Your Information creates a risk of liability to TESARO. TESARO may, at its sole discretion, remove or disable access to material on the Website that infringes on the rights of third parties or is otherwise harmful to TESARO. TESARO may also, at its sole discretion, terminate your access to the Website at any time for any or no reason, with or without notice.
If you believe in good faith that materials hosted on the Website infringe your copyright, please provide TESARO with a written notice (to TESARO, Inc. c/o Choate Hall & Stewart LLP, Two International Place, Boston, MA 02110) that includes the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Content Ownership
All Content (defined below) used and displayed on the Website or available through TESARO’s services are the property of TESARO or its licensors and are protected by United States and international copyright, trademark, and other laws. “Content” means any information, mode of expression, or other materials or services found on the Website including, without limitation, message boards, software, writings, graphics, and any and all other features found on the Website. In addition to TESARO’s and its licensor’s or supplier’s rights in individual elements of the Content within the Website, TESARO owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
TESARO, the TESARO logo and all other product or service names or slogans displayed on the Website are trademarks of TESARO, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TESARO or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TESARO.
Except as expressly authorized in writing by TESARO or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software TESARO discloses to you, and you may not remove or modify any copyright or trademark notice, or other notice of ownership.
4. Documents Available on the Website
TESARO grants you permission to use documents (such as FAQs, white papers, datasheets, articles, and press releases) available on the Website (collectively, “Documents”), provided that: (a) you will not modify the Documents; (b) your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (c) you will display the below copyright notice and other proprietary notices on every copy you make; and (d) you agree that TESARO may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from TESARO. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED TO BE USED AS A BASIS FOR MEDICAL DECISION-MAKING. The Content and Documents are not intended to be professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. TESARO does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Website.
THE DOCUMENTS ARE PROVIDED “AS IS” FOR INFORMATIONAL PURPOSES ONLY. TESARO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TESARO may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the contents of the Documents, and TESARO and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided in a written agreement between you and TESARO, the furnishing of the Documents does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of TESARO.
This Website may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Site”). TESARO has no discretion to alter, update, or control the content on a Linked Site. The fact that TESARO has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and TESARO urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Site.
You acknowledge and agree that TESARO is not responsible for the availability of such Linked Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. TESARO will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site.
7. No Warranties
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, OR ACCURACY.
TESARO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
TESARO DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. TESARO MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL TESARO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE, INCLUDING WITHOUT LIMITATION MEDICAL DOCTORS, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
8. Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TESARO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
YOU AGREE THAT TESARO, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF TESARO IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TESARO’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
TESARO reserves the right to terminate your access to the Website for any reason or for no reason.
10. Applicable Law
This Website is controlled by TESARO from its offices within the Commonwealth of Massachusetts, USA. The laws applicable to the interpretation of these Terms shall be the laws of the Commonwealth of Massachusetts, USA, and applicable federal law, without regard to any conflict of law provisions.
TESARO makes no representation that the content in this Website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute relating to the Website or to theses Terms to the state and federal courts of the Commonwealth of Massachusetts, Suffolk County, USA.
11. General Terms
No modification to the Terms will be binding on TESARO unless in writing and signed by an authorized TESARO representative. You must not assign or otherwise transfer the Terms or any right granted hereunder.
If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intention, and the remaining provisions shall remain in full force and effect.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
You agree that any material breach of Sections 1, 2, 3, 4 and 5 of the Terms will result in irreparable harm to TESARO for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, TESARO will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if TESARO seeks such an injunction.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and TESARO’s services.
TESARO’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of TESARO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by TESARO with respect to such use. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.