Terms of Use

Surface Oncology, Inc., a Delaware corporation (“Surface Oncology”) is pleased to provide you with the materials on this website, made available through surfaceoncology.com, for informational purposes. Any visit to the Surface Oncology website pages, or use of this website, constitutes an agreement by you to abide by these terms of use. Surface Oncology reserves the right to delete, modify, or supplement the content of these terms of use and this website at any time for any reason without notification. The revised terms will become effective thirty (30) days after posting. You are bound by any such revisions after such time and should therefore periodically visit this page to review the then-current terms of use. If any change to these terms of use is not acceptable to you, your sole remedy is to cease visiting, and otherwise using the website.

Forward-Looking Statements

Statements made in, or accessible through the website, regarding matters that are not historical facts are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Because such statements are subject to risks and uncertainties, actual results may differ materially from those expressed or implied by such forward-looking statements. Such statements include, but are not limited to, statements regarding Surface Oncology’s ability to successfully initiate and complete clinical trials and development programs, the expected timing for reporting of top-line data, Surface Oncology’s ability to obtain regulatory approval, market penetration and acceptance of any of its products and the initiation of clinical studies. Risks that contribute to the uncertain nature of the forward-looking statements include: Surface Oncology’s future preclinical studies and clinical trials may not be successful; changes in regulatory requirements in the United States and foreign countries may prevent or significantly delay regulatory approval of Surface Oncology products; Surface Oncology may change its plans to develop and commercialize its product candidates; the FDA may not agree with Surface Oncology’s interpretation of the data from clinical trials; Surface Oncology may decide, or the FDA may require Surface Oncology, to conduct additional clinical trials or to modify Surface Oncology clinical trials; Surface Oncology may experience delays in the commencement, enrollment, completion or analysis of clinical testing for its product candidates, or significant issues regarding the adequacy of its clinical trial designs or the execution of its clinical trials, which could result in increased costs and delays, or limit Surface Oncology’s ability to obtain regulatory approval; the third parties with whom Surface Oncology has partnered with for the development of its products and upon whom Surface Oncology relies to conduct its clinical trials and manufacture its product candidates may not perform as expected; Surface Oncology may not receive regulatory approval for its products or be successfully commercialized; unexpected adverse side effects or inadequate therapeutic efficacy of any of its products could delay or prevent regulatory approval or commercialization; Surface Oncology may be unable to obtain and maintain intellectual property protection for its product candidates; the loss of key scientific or management personnel; Surface Oncology ability to obtain additional financing; and the accuracy of Surface Oncology estimates regarding expenses, future revenues and capital requirements. Without limiting the following paragraph, all forward-looking statements contained in this website speak only as of the date on which they were made. Surface Oncology undertakes no obligation to update such statements to reflect events that occur or circumstances that exist after the date on which they were made.

Disclaimer and Limitation of Liability

NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF USE TO THE CONTRARY, THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALTHOUGH SURFACE ONCOLOGY INTENDS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION ON THIS WEBSITE, SURFACE ONCOLOGY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT THE INFORMATION ON THIS WEBSITE IS OR WILL BE UP-TO-DATE, ACCURATE, RELIABLE, TIMELY, ERROR-FREE, OR COMPLETE.

SURFACE ONCOLOGY AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS AND ANY OTHER PARTY INVOLVED IN CREATING THIS WEBSITE (COLLECTIVELY, “SURFACE ONCOLOGY PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO AS A RESULT OF ANY BUGS OR VIRUSES THAT MAY INFECT YOUR COMPUTER PROGRAMS OR EQUIPMENT. THE FOREGOING EXCLUSION OF LOSSES AND DAMAGES SHALL APPLY WHETHER A CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF SURFACE ONCOLOGY IS OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, THE LIABILITY OF THE SURFACE ONCOLOGY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE FROM NEW JERSEY, THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE PROVISIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Use of Website

You may not sell, transfer, assign, license, sublicense, or modify the website or its content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the website or its content in any way for any public or commercial purpose. In addition, 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 the website, (d) delete or alter any material posted on the website by Surface Oncology or any other person or entity, or (e) frame or link to any of the materials or information available on the website without Surface Oncology’s prior written consent.

Surface Oncology reserves the right, in its sole discretion, to restrict, suspend, or terminate these terms of use and your access to all or any part of the website at any time and for any reason without prior notice or liability. Surface Oncology reserves the right to change, suspend, or discontinue all or any part of the website at any time without prior notice or liability. The “Disclaimer and Limitation of Liability,” “Use of Website” and “Miscellaneous” sections of these terms of use shall survive termination of these terms of use.

Trademarks and Copyright

All Surface Oncology brand and product names and logos are trademarks or registered trademarks of Surface Oncology in the United States and other countries. Other company brand and product names and logos located on the website may be trademarks owned by third-parties. Unauthorized use of any Surface Oncology or other company trademark may be a violation of federal and state trademark and other laws. Nothing on this website or in these 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 Surface Oncology specific for each such use.

This website is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use, as authorized above, you may not modify, reproduce, or distribute the content, design or layout of the website, individual sections of the content, design or layout of the website, or Surface Oncology logos without our written permission. Unauthorized use of the website’s content, design or layout may result in violation of copyright and other laws.

Links to Other Sites

Surface Oncology may make available to the visitor links to third-party websites over which Surface Oncology has no control. Surface Oncology has not reviewed the sites that may be linked to this website, and does not endorse and is not responsible for the content of any other sites. Other sites may be inaccurate or contain discussions regarding unapproved uses of drugs, medical devices, or other products. Your visit to such sites is at your own risk, and Surface Oncology shall not be liable for any damage or injury arising from their content or your use thereof.

Visitor Communications and Security

Any communications you send to this website or otherwise to Surface Oncology electronically will not be considered proprietary to you and will be received on a nonconfidential basis. Surface Oncology is under no obligation to refrain from reproducing, publishing, or otherwise using your communications in any way or for any purpose. You hereby grant to Surface Oncology your consent and rights to use your communications. Without compensation to you or any other person, Surface Oncology is free to use any such communications, including ideas, inventions, concepts, techniques, improvements, or know-how disclosed therein, for any purpose including without limitation, developing, manufacturing, and/or marketing products and services.

You are responsible for maintaining appropriate security for your computer system. Surface Oncology may employ cookie technology to, among other things, allow users to move more quickly through the website. Cookies are small files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the website. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning website. Users should be aware that Surface Oncology cannot control the use of cookies by third parties.

Health Information

Surface Oncology is not engaged in rendering medical, healthcare, or other professional advice. This website may contain information on medical and health-related topics. This information, including any product data, is for informational purposes only and is not intended to describe or make claims about the safety or efficacy of any product. This information is also not meant to be a substitute for the advice provided by your own physician or other medical professional, and you should not use this information for diagnosing or treating a health problem or disease. You should always consult your own physician before undertaking or changing any medical treatment, drug therapy, or healthcare activities.

Compliance with Applicable Laws

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Surface Oncology makes no claims concerning whether the content on this website may be downloaded, viewed, or be appropriate for use outside of the United States.

Miscellaneous

These terms of use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts. If any provision of these terms of use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. Failure of Surface Oncology to act on or enforce any provision of these terms of use shall not be construed as a waiver of that provision or any other provision in these terms of use. No waiver shall be effective against Surface Oncology unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Surface Oncology and you, these terms of use constitute the entire agreement between you and Surface Oncology with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. You may not assign or transfer these terms of use without Surface Oncology’s prior written consent. These terms of use will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the website might be publicly accessible. Important and private information should be protected by you and not disclosed to Surface Oncology. Surface Oncology is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.