Effective June 1, 2024

Introduction

Welcome to the Orbital Therapeutics, Inc. (“Orbital”) website. Orbital created and maintains this website to provide information to and communicate better with third parties who may be interested in learning more about Orbital and its programs. You may use this website provided that you comply with these terms and conditions.

In addition to these terms and conditions, you should also read and be aware of the provisions of Orbital’s Privacy Policy located at orbitaltx.com/privacy-policy, which discloses Orbital’s practices regarding the collection and use of your personal information and other policies that govern other parts of this website.

Links

This website may contain links to websites operated by other parties. The linked websites are not under the control of Orbital, and Orbital is not responsible for the content available on any other websites linked to this website. Such links do not imply Orbital’s endorsement of material on any other website, and Orbital disclaims all liability with regard to your access to such linked websites. Orbital provides links to other websites as a convenience to users, and access to any other websites linked to this website is at your own risk.

Limitation of Liability and Disclaimer of Warranties

Your use of this website and the materials is at your own risk. Changes can and will be made to this website and materials and at any time. It is your responsibility to monitor such changes.

Although Orbital attempts to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date or contain typographical errors. Orbital expressly disclaims any duty to update information contained on this website, and Orbital will not be liable for any failure to update or revise such information, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained on this website before relying upon it.

Orbital makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Orbital does not warrant that the website will operate error-free or that this website and its server are free of computer viruses and other harmful goods. If your use of this website results in the need for servicing or replacing equipment or data, Orbital is not responsible for those costs.

THIS WEBSITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. ORBITAL AND ITS SERVICE PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. ORBITAL AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above exclusion may not apply to you.

IN NO EVENT SHALL ORBITAL, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS AFFILIATES, ITS SERVICE PROVIDERS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE AND THE MATERIALS OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORBITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORBITAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Intellectual Property

This website, and the information which it contains, is the property of Orbital and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. The trademarks and logos displayed on this website are trademarks of Orbital, except as otherwise noted. Nothing on this website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in this notice.

You may download material from this website solely for your own informational, personal and non-commercial use. No copyright notices, other intellectual property or legal notices, or other identifying information may be removed from downloaded materials. You may not download material from this website for any other purpose without Orbital’s prior written consent.

Information You Submit

Any communication or information that is not personal information that you submit to Orbital, by email or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non-proprietary information. Orbital may use such communication or information for any purpose whatsoever, including reproduction, disclosure, transmission, publication, broadcast and further posting. In addition, Orbital is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any such communication or information for any purpose whatsoever. By providing any such communication or information to Orbital, you understand and agree that no relationship has been created between Orbital and you, and Orbital has no obligation to you whatsoever regarding that communication or information.

No Medical Advice

This website does not provide medical advice. This website is intended for educational purposes only and is not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

Indemnification

You agree to defend, indemnify and hold harmless Orbital from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions or your access to, use of or misuse of this website or the materials. Orbital shall provide notice to you of any such claim, suit or proceeding. Orbital reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist Orbital’s defense of such matter.

Governing Law

These terms and conditions and your use of this website shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any legal action or proceeding based on, arising out of or related to these terms and conditions or your use of this website (including any information it contains) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts, and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Miscellaneous

If any provision of these terms and conditions 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 and conditions, which shall remain in full force and effect. Failure of Orbital to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these terms and conditions. No waiver shall be effective against Orbital 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 Orbital and you, these terms and conditions (together with Orbital’s Privacy Policy located at orbitaltx.com/privacy-policy) constitute the entire agreement between you and Orbital with respect to the subject matter, and supersede 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. These terms and conditions will inure to the benefit of Orbital’s successors, assigns, licensees and sublicensees.

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing and using this website, you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website.

These Terms and Conditions May Change

Orbital reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, Orbital encourages you to review these terms and conditions every time you use this website.