Effective: September 7, 2022

Acceptance of the Terms and Conditions

Please read this Agreement carefully. Orbital Therapeutics Inc. (hereinafter “Orbital”, “we”, “us,” or “our”) provides and makes available this website located at www.orbitaltx.com (the “Website”). All use of the Website is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). By accessing, browsing or otherwise using the Website, you acknowledge you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Website. You understand and agree that we may change this Agreement at any time without prior notice. If any change to this Agreement is not acceptable to you, your sole remedy is to cease using the Website. Your access to and use of the Website is also subject to Orbital’s Privacy Policy located at Privacy Policy.

Use of the Website

This Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or may license portions of the Content from third parties. The Content is protected by United States and foreign intellectual property laws and your unauthorized use of the Content may result in violation of copyright, trademark and other laws. No Content or any other part of the Website may be reproduced, sold, licensed or transmitted in any form, by any means, electronic or mechanical, or used to create derivative works, except that we authorize you to view, copy, download and print Orbital publications, white papers, press releases and FAQs that are made available for public access on the Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents. Views expressed in any article provided on a linked third-party website are the views of the authors and do not necessarily reflect the view of Orbital.

The trademarks, service marks, and logos of Orbital used and displayed on this Website are owned by Orbital. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties. Nothing on this Website should be construed to grant any license or right in or to any trademarks, service marks or logos displayed on this Website for any purpose except as expressly permitted under this Agreement.

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, (c) delete or alter any material posted on the Website or (d) frame any of the materials or information available on the Website.

Orbital permits linking to the Website for informational, non-commercial purposes only, and expressly prohibits any use of or permission to link to the Website or any Content if such use or link: (a) suggests that Orbital promotes or endorses any third party’s causes, political campaigns, products, services or websites, or (b) uses the Content for commercial purposes. Orbital does not grant its consent for links to the Website where the linking party engages in any conduct that is illegal, prohibited by this Agreement or otherwise objectionable to Orbital in our sole discretion. We reserve the right to withdraw permission for any link at any time.

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We are not responsible for the content of any linked third-party websites.

Medical Advice

The Content on the Website is intended to be a general information resource. Orbital does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Website, and nothing contained in the Website is intended to be an instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a basis for diagnosis or course of treatment for a particular individual. Should you have any healthcare related questions, please consult with your physician or other qualified healthcare provider promptly.

Limitation of Liability and Disclaimer of Warranties

THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORBITAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “ORBITAL PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. ORBITAL PARTIES DO NOT WARRANT THAT (i) THE INFORMATION AVAILABLE THROUGH THIS WEBSITE IS TECHNICALLY ACCURATE, COMPLETE OR FREE OF ERRORS, (ii) THE WEBSITE WILL OPERATE UNINTERRUPTED, SECURE OR ERROR-FREE, OR (iii) THAT THE WEBSITE, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

IN NO EVENT SHALL ANY ORBITAL PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ORBITAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Compliance with Applicable Laws

This Website is based in Cambridge, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

U.S. Government Restricted Rights.

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the U.S. Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.

Termination of the Agreement

Orbital reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. Orbital reserves the right to change, suspend or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

Communications

Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary, and Orbital shall have no obligation of any kind with respect to such information. Anything you transmit or post becomes the property of Orbital. Orbital and any of its subsidiaries, affiliates, strategic collaborators and third-party service providers are free to use for any purpose, any ideas, concepts, know-how or techniques contained in any communication you send to the Website without compensation to you, including, but not limited to, researching, developing, manufacturing and marketing products using or incorporating such information. Orbital is not liable for protection of privacy for any information submitted or provided by you transferred by email or through the Internet.

Miscellaneous

This Agreement is governed by the 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 City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement 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 this Agreement, 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 this Agreement. 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. The section headings are provided merely for convenience and shall not be given any legal import. Important and private information should be protected by you. Orbital 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. Except as expressly agreed by Orbital and you, this Agreement constitutes the entire Agreement between you and Orbital 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. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Our Cookies Policy

What are cookies?

We may use information obtained from cookies or similar technology. Cookies are text files containing small amounts of information which we download onto your computer or device when you visit our website. Therefore, when we refer to “you” in this section we mean your computer. We can recognize these cookies on subsequent visits and they allow us to remember you.

Cookies come in many forms. We have set out below the main types and categories of cookies that are used. This section refers to all types and categories of cookies and not just those we use on our website.

First and third-party cookies – whether a cookie is first-party or third-party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user, the website displayed in the URL window e.g. www.Orbitalsite.wpengine.com. Third-Party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.

Persistent cookies – these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.

Session cookie – these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.

What do we use cookies for?

Cookies fall into one or more of the categories set out below. This website uses cookies that fall into all the categories. Also, we use data from targeting cookies placed on your computer by third parties when you have visited other websites.

1. Strictly necessary cookies – These cookies enable services you have specifically asked for.

These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies certain services, you have asked for cannot be provided.

2. Performance cookies – These cookies collect information on the pages visited.

These cookies collect information about how users use a website, for instance which pages users go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. They are only used to improve how the website works.

3. Functionality cookies – These cookies remember choices you make to improve your experience

These cookies allow the website to remember choices you make and provide enhanced, more personal features. The information these cookies collect may be anonymized and they cannot track your browsing activity to other websites.

4. Targeting cookies or advertising cookies – these cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.

These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organization such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.

If you want to delete any cookies that may already be on your computer or device, please refer to the instructions for your file management software to locate the file or directory that stores cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.

Clearing Website Cookies

If you wish to clear all cookies and session data set by this website then you can do so by clicking the Clear Website Cookies button below. This will remove any cookies that this website has set and clear all session data (including data used to personalize your experience on this site). If you have favorited vacancies these will all be removed.

Note that we cannot remove any 3rd party cookies, such as Google Analytics. You can manage these either through your browser or through the providers website.