Please note that these Terms are in addition to any other agreement you may have with Nautilus, including any agreement governing the purchase or use of Nautilus products or services by you or your company or organization. Nautilus’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they may be provided, and nothing in these Terms should be construed to alter such agreements.
- Subject to these Terms and to all other notices, terms, conditions and use restrictions set forth in any end user license agreement(s) and/or documentation accompanying and/or applicable to any Content (collectively “Other Terms”), Nautilus hereby grants you a limited, non-exclusive license to use the content and information included on this Site, including but not limited to all text, data, graphics, software, video, and animation contained on the Site (collectively “Content”), solely for the purpose of obtaining information about Nautilus, and its products and services (“Purpose”), and all other uses are expressly prohibited.
- The Content of this Site may be protected, in whole or in part, by intellectual property laws of the United States and other countries, including but not limited to copyright, trademark and patent laws. “Nautilus” is a trademark of Nautilus. Nautilus trademarks are the sole property of Nautilus, and are subject to legal protection in the United States and/or certain other countries. All other trademarks are the sole property of their respective owners. With the exception of the limited license granted above, no right or license is granted or implied to use any copyrighted Content or trademarks (registered or unregistered) of Nautilus or any third party. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws. Nothing on this Site constitutes any grant of license, or offer to grant a license of any kind, express or implied, under any patents owned or licensed by Nautilus, and any and all implied licenses under any such patents are expressly disclaimed.
- You may not copy, display, distribute or modify any Content of the Site without the express written consent of Nautilus. Notwithstanding the foregoing, you may download Content from the Site to any single computer solely for the Purpose described above, and provided that you maintain all copyright, trademark and other legal notices intact, and comply these Terms and any applicable Other Terms. You may use information regarding Nautilus, its products and/or services (such as articles, white papers, data sets, and similar materials) purposely made available by Nautilus for downloading from the Site, provided that you:
- do not remove any copyright, trademark or other legal notice from such information
- do not copy or post such information on any shared directory or broadcast it in any media without the express written consent of Nautilus
- do not make any additional representations or warranties relating to such information
- do not make any modifications to any such information
- only use such information for your personal informational purposes
You may have broader rights with respect to certain software, data or other Content under any applicable Other Terms, and nothing in these Terms is intended to impose further restrictions on your proper use of such Content under such Other Terms.
- In accessing the Site, you agree and represent that you will not:
- take any action that in any way interferes with or imposes any unreasonable burden upon the Site or its normal operation
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software available upon or underlying the operation of the Site
- delete or alter in any way any Content on the Site
- post any unlawful, indecent, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials to the Site
- post any proprietary, confidential or private information of any third party without having first obtained all licenses and/or approvals;
- post any material the posting of which will give rise to criminal or civil liability under the laws of the jurisdiction from which you are posting, the laws of the State of California, and/or the laws of the United States.
- Nothing on the Site shall constitute, directly or by implication, any offer or invitation to conduct business in any jurisdiction, unless otherwise expressly provided therein, and any and all implied offers are expressly disclaimed.
- You are welcome to submit information, feedback, comments, content and other submissions (“User Submissions”) to locations on the Site provided for such User Submissions (if any), or otherwise. However, except as expressly provided elsewhere herein, on the Site, or in a separate written agreement with Nautilus, any and all User Submissions made to Nautilus through the Site will be treated as non-confidential and non-proprietary. Accordingly, you represent and warrant that you will not submit any proprietary or confidential information, feedback, comments or other submissions to Nautilus, and you acknowledge and agree that any User Submissions submitted to Nautilus shall become the property of Nautilus
Disclaimer of Warranties and Limitation of Liability
- Nautilus is providing access to, and Content on the Site on an “as is” basis, and makes no warranties, express or implied, of any kind with respect to the Site or its Content. Without limiting the foregoing, Nautilus specifically excludes and disclaims any warranties or representations as to the accuracy, completeness, timeliness, relevance, objectivity or fitness for any particular purpose of any of the Content, or that any of the Content on the Site does not infringe the intellectual property rights of third parties. Nautilus makes no warranties or representations that the Site or its Content, including but not limited to downloadable Content, will run or display properly on your computer or that such Content is free from viruses, ad-ware, or other destructive programs or features, that may infect your computer, when accessing this Site or the Content thereof, or any websites linked to this Site.
- Your access to and use of the Site and its Content is at your own risk, and Nautilus, its officers, directors, employees, agents, contractors and affiliates will not be liable, and assume no liability, on any basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to and use of the Site, whether such damages arise under tort (including negligence), contract, or any other theory of liability.
- This Site is operated by Nautilus, from its headquarters in San Carlos, California, U.S.A., and Nautilus makes no representations or warranties that access to and use of the Site from other countries is possible, appropriate, or legal in such other countries. By accessing this Site, you acknowledge that you are doing so at your own risk, and you represent and warrant that you are in compliance with all laws and regulations of the jurisdiction from which you are accessing the Site.
- In addition to the foregoing, and to the extent permitted by law, Nautilus expressly disclaims and excludes any and all warranties, representations, liabilities, and obligations, express or implied, of any kind (including but not limited to any conditions of satisfactory quality, fitness for a particular purpose, or use of reasonable skill and/or care), which might otherwise be implied or incorporated into these express terms and conditions, whether by statute, law or otherwise.
- This Site may include hyperlinks to other websites owned, managed and/or operated by third parties, which third party websites may have their own terms and conditions of use associated therewith. The hyperlinks to these third party websites are provided solely for your convenience and do not constitute any endorsement, recommendation, affirmation or statement of affiliation by Nautilus with respect to such third party or such third party’s website or the content thereof. Nautilus makes no representations or warranties connected with your access to or use of such third party websites or the content included on such third party websites. Without limiting the foregoing, Nautilus assumes no liability for any damages arising out of your access to or use of any third party websites hyperlinked to the Site, or any content on such third party websites, and by linking to or otherwise accessing such third party websites, you expressly acknowledge that Nautilus shall have no liability for your access to or use of such third party websites, and you expressly waive any claim, suit or action for damages against Nautilus arising out of your access to and use of the third party website(s).
- Except as specifically provided herein, you may not create hyperlinks to this Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, or within any non-commercial software application, that is freely accessible by the public at no charge. If you desire to link to this Site in any other manner, you must first obtain Nautilus’ written permission to do so. You may not link to this Site in any manner which states or implies any affiliation between you or your organization and Nautilus, or any sponsorship, endorsement, approval or recommendation of you or your organization by Nautilus, without the express written approval of Nautilus. Any permitted link to this Site must clearly identify Nautilus as the owner of this Site. Notwithstanding the foregoing, Nautilus reserves the right to redirect (to any page it chooses) or block any links to the Site.
Forward Looking Statement
- All statements in the Site that are not historical are “forward-looking statements” within the meaning of federal securities laws. Forward-looking statements involve substantial risks and uncertainties that may cause actual results to differ materially from currently anticipated results. Forward-looking statements may contain words such as “may,” “will,” “could,” “can,” “would,” “should,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “project,” “potential,” “poised,” “continue,” “ongoing” or the negative of these terms or other comparable terminology, but not all forward-looking statements will contain these words. Examples of forward looking statements may include, without limitation, statements regarding the potential functionality and performance of Nautilus’ product platform; Nautilus’ projected financial or operating results; Nautilus’ expected development and commercialization timelines; Nautilus’ potential impact on pharmaceutical development, drug discovery, and human health; and market opportunities available to Nautilus generally. You should consider these forward-looking statements carefully because they may include statements regarding our future expectations or projections about future events. We cannot assure you that the forward-looking statements in the Site or the assumptions upon which they are based will prove to be accurate. Risks and uncertainties that could materially affect the accuracy of Nautilus’ assumptions and its ability to achieve the forward-looking statements set forth in this Site include, without limitation, the following: Nautilus’ product platform is not yet commercially available and remains subject to significant scientific and technical development, which is inherently challenging and difficult to predict, particularly with respect to highly novel and complex products such as those being developed by Nautilus. Even if Nautilus’ development efforts are successful, our product platform will require substantial validation of its functionality and utility in life science research. In the course of Nautilus’ scientific and technical development and associated product validation and commercialization, we may experience material delays as a result of unanticipated events. We cannot provide any guarantee or assurance with respect to the outcome of our development and commercialization initiatives or with respect to their associated timelines. Additional risks and uncertainties that could affect Nautilus’s business and operating results include risks relating to manufacturing our products, including supply chain risks such as interruptions or delays in our ability to obtain components; competition from established or emerging life science tools companies addressing our markets; intellectual property risks if we are unable to protect our proprietary rights; and other risks and uncertainties contained under the caption “Risk Factors” in our most recent Annual Report on Form 10-K, any subsequent Quarterly Report on Form 10-Q, and other filings we may file or have filed with the Securities and Exchange Commission. These documents are available from the Securities and Exchange Commission website, the Nautilus website, or from Nautilus’ Investor Relations. Actual results may differ materially from the results expressed or implied by the forward-looking statements. You are cautioned that forward-looking statements are not guarantees of future performance. Forward-looking statements speak only as of the date they are posted to this Site (unless an earlier date is indicated), and Nautilus does not undertake any obligation to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.
Nautilus uses filings with the Securities and Exchange Commission, its website (www.nautilus.bio), press releases, public conference calls, public webcasts, and its social media accounts as means of disclosing material non-public information and for complying with Regulation FD. Therefore, Nautilus encourages investors, the media, and others interested in Nautilus to review the information it makes public in these locations, as such information could be deemed to be material information.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) Nautilus is registered with the U.S. Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Legal Department:
Nautilus Biotechnology, Inc.
201 Industrial Road, Suite 310
San Carlos, CA 94070
Nautilus respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nautilus’ General Counsel with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Indemnification. You agree to defend, indemnify, and hold harmless Nautilus, its officers, directors, employees, agents, contractors and affiliates, from and against any claims, actions, demands or suits, including, without limitation, reasonable attorneys’ fees, arising from your access to and use of the Site and Content, or any other breach of the Terms.
- Governing Law. These Terms, shall be interpreted according to the laws of the State of California, without regard to its conflicts of laws provisions, and the laws of the United States of America. Any action arising from access to or use of the Site, and/or involving these terms and conditions, shall be brought in the state courts in the State of California, San Mateo County, or in the United States District Court for the Northern District of California, and you hereby consent to jurisdiction of such courts in any such action.
- Termination. Nautilus may, in its sole discretion, modify, restrict, or terminate this agreement, any of the Terms, and/or your continued access to and use of the Site and its Content, at any time and without notice or liability.