FIBROGEN TERMS OF USE

These Terms of Use describe the terms and conditions applicable to your use of any and all of FibroGen, Inc.’s (“FibroGen”) websites. FibroGen may at any time revise or modify this Agreement or impose new conditions for use of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the website or by e-mail. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications. FibroGen may modify its services at any time.

THIS WEB SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.

The content on this website is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. FibroGen is not engaged in rendering medical or similar professional services or advice via this website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe FibroGen’s publication of this content as an endorsement by FibroGen of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.

Scope of Use

FibroGen invites you to view, use, and download a single copy of this website for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of FibroGen. You understand that FibroGen may discontinue, change, or restrict your use of this website for any reason without notice.
By using this website, you represent that you are at least eighteen (18) years old and a United States resident.

No Warranties

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. FIBROGEN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. FIBROGEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

YOUR USE OF THE WEB SITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. FIBROGEN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF FIBROGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify, and hold harmless FibroGen, its officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, and attorneys’ fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of this website enable you to submit e-mails or otherwise provide feedback or information to FibroGen. You agree that by submitting content:

  • if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
  • you understand and agree that content that is submitted to a feedback page will be deemed non-confidential; and
  • you grant to FibroGen the irrevocable right to use, copy, modify, publish, perform, transmit, and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, FibroGen shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

Trademarks

All FibroGen trademarks, tradenames, logos, and service marks are the exclusive property of FibroGen. Unauthorized use of any FibroGen trademark, tradename, logo, or service mark may be a violation of federal and state trademark laws.

Copyright

This website is protected by United States and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce, or distribute any content, design, image, or layout from this website, or any portions thereof, without FibroGen’s express written permission.

Information, News, and Press Releases

The website contains information, news, and/or press releases about FibroGen. While this information was believed to be accurate as of the date it was prepared, FibroGen disclaims any duty or obligation to update this information, news, or any press releases.

Links

This FibroGen website may contain links to websites operated by other parties. The linked sites are not under the control of FibroGen, and FibroGen is not responsible for the content available on any other Internet sites linked to this Web site. Such links do not imply FibroGen’s endorsement of material on any other site and FibroGen disclaims all liability with regard to your access to such.

Security

This website may require you to register or obtain a password prior to permitting access to certain sections or services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of that password, whether or not authorized by you.

Location, Governing Law, and Arbitration

This website is operated by FibroGen. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising under or related to these Terms of Use or to FibroGen’s products and/or services shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or FibroGen may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California, necessary to protect the rights or property of you or FibroGen pending the completion of arbitration.

Violations and Additional Policies

FibroGen reserves the right to seek all remedies available at law and in equity for any violations of these Terms of Use, including the right to block access from a particular internet address to the website.

Use of Information

FibroGen reserves the right to the use and assignment of all information regarding this website, your use of this website, and all information provided by you in any manner consistent with this User Agreement and applicable federal law.

Securities Laws

This Web site may include statements concerning FibroGen’s operations, prospects, strategies, financial condition, future economic performance, and demand for FibroGen’s products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Web site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward looking statements. The website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of FibroGen’s securities-related filings or documents.

Questions

If you have any questions about these Terms of Use, please send us an e-mail at the contact address found on the website.

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND AND AGREE TO IT.