Terms of Use
Welcome to the 89bio website! These terms and conditions, as may be amended from time to time by 89bio, Inc. (“89bio,” “Us” or “Our” or “We”), are a legal contract between you and Us (the “Terms of Use”) and exclusively govern any and all access to or use of this website (the “Website”). BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF USE AND THE PRIVACY STATEMENT, AVAILABLE AT HTTPS://WWW.89BIO.COM/PRIVACY-POLICY/. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND SHOULD EXIT THE WEBSITE IMMEDIATELY.
THE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER SOLELY AS PROVIDED BELOW.
We may, at any time, amend or supplement the Terms of Use by updating this page. Your continued use of the Website means that you have agreed to be bound by any such amended or supplemental terms. You agree to periodically visit this page to review the then-current Terms of Use applicable to your use of the Website. If any changes to the Terms of Use are not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.
By using this Website, you represent to Us that you are at least 13 years of age. If you are not yet 18 years old, you must have the permission of an adult to use this Website and agree to these Terms of Use, and that adult must be a parent or legal guarding who is willing to be responsible for your use of the Website. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to send any personal information about yourself to Us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible.
“89bio” is a trademark that belongs to Us. Other trademarks, names and logos (“Trademarks”) on this Website are the property of either Us or Our third-party licensors. Use of any Trademarks included on the Website is strictly prohibited without the express written consent of Us or the applicable Trademark owner or licensor.
Unless otherwise specified in the Terms of Use, all materials and content included on this Website (“Content”), including the arrangement of them on this Website are Our sole property, Copyright © 2023. All rights not expressly granted in the Terms of Use are reserved by Us. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material included in the Content is strictly prohibited without the express written consent of Us or the applicable copyright owner or licensor.
Without limiting the restrictions above, we grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website, provided such use excludes use of any personal information which may be found on the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without Our prior written consent.
The limited license set forth in this section does not include the right to: (i) modify the Website or all or any part of the Content; (ii) make any use of the Website or all or any part of the Content other than personal, non-commercial use; (iii) create any derivative work based upon either the Website or its Content; (iv) remove copyright or Trademark notices or other proprietary rights notices contained in the Website or the Content; (v) use any meta tags or any other “hidden text” utilizing Our name or the Trademarks without Our express written consent; (vi) introduce any unauthorized computer code, device, software routines, program or other feature embedded by anyone designed to disrupt, disable, or harm in any manner the operation of the Website, such as (without limitation) any virus, Trojan horse, worm, time bomb, automatic shutdown, software lock, drop dead device, malicious logic, trap or back door, botnet, malware; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Our infrastructure.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy available to Us under applicable law.
We are not responsible for the content of any websites linked to or from the Website. Links appearing on Our Website to other websites are for convenience only and are not an endorsement, sponsorship or recommendation by Us, Our affiliates or Our partners of the referenced content, product, service or supplier. Your linking to or from any other website is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products or services of such websites, including their privacy statements and terms and conditions. When leaving the Website, you should be aware that the Terms of Use no longer govern. You should carefully review the terms and conditions and privacy policies of other websites that you visit.
THIS WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE OR THE CONTENT IS WITH YOU.
WITH RESPECT TO THIS WEBSITE AND ANY CONTENT, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE OR CONTENT IS ACCURATE, RELIABLE, USEFUL OR OTHERWISE FREE OF PROBLEMS. Without limiting the foregoing, We make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to any results that come from the use of this Website or as to the accuracy or reliability of any Content or information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our affiliated companies shall create any warranty. We disclaim all equitable indemnities.
While there may be information contained within the Website or Content related to certain medical conditions and/or their treatment, should a medical condition exist, consult with your own physician or health care professional. THE CONTENT AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATED TO YOU DIRECTLY THROUGH THE CONTENT, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT OF ANY HEALTH CONDITION OR PROBLEM. You should not rely on information contained via the Website for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Questions should be addressed to a physician or other health care professional. WE DO NOT, THROUGH THE WEBSITE OR OTHERWISE, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, TREATMENTS OR DIAGNOSTIC SERVICES. Your doctor or other health care professional, as a learned intermediary, is in the best position to access, and provide information, about your medical condition and any treatment options. Use of the Website or Content does not in and of itself create an express or implied physician-patient relationship. In using the Website, you agree that We are not, or will not be, liable or otherwise responsible for any decision made or any action taken or any action not taken due to Your use of the Website. PLEASE CONSULT YOUR HEALTHCARE PROVIDER FOR ALL MEDICAL ADVICE OR QUESTIONS.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT TO OR FROM THIS WEBSITE OR OTHERWISE IN CONNECTION WITH YOUR USE OF ANY CONTENT OR THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Us, Our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Website or Content (including any actions taken by a third party using your account), and (b) your violation of the Terms of Use. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
We control and operate this Website from Our headquarters in the United States of America and this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, you are solely responsible for following applicable local laws.
Any submissions by you to Us that are comments, questions, suggestions, ideas or materials relating to Our Products, services or the Website (“Feedback”) no matter how submitted (e.g., call, email, submission form on the Website) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
If you submit any data or content to or through the Website other than Feedback (“User Submission”), you grant Us certain rights in such User Submissions. Please note that the following license is subject to Our Privacy Statement to the extent that User Submissions also include your personally-identifiable information. For all User Submissions, you hereby grant Us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a smart phone as well as a computer) display, reproduce and otherwise act with respect to such User Submissions in the conduct of Our business.
You agree that the license you grant Us is royalty-free, perpetual, sublicensable, irrevocable, and worldwide, subject to any limitations that may apply pursuant to applicable law.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the State of California, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of California. Any dispute relating in any way to your visit to the Website shall be submitted to confidential, binding arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Our intellectual property rights or applicable law, We may seek injunctive or other appropriate relief. You hereby irrevocably consent to the exclusive jurisdiction and venue in courts located in San Francisco County, California or the Northern District of California in connection with such dispute (or in the event that you opt out of arbitration, as described below). Arbitration will be conducted in English in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such JAMS rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration under the Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND 89BIO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION RELATING TO THE TERMS OF USE, THE WEBSITE OR ANY CONTENT.
You can reject and opt-out of mandatory arbitration within 30 days of first accepting the Terms of Use by emailing Us at info@89bio.com with your first and last name and the email address associated with your Website access and stating your intent to opt-out of mandatory arbitration hereunder. Note that opting out of arbitration does not affect any other part of the Terms of Use, including the provisions regarding controlling law or in which courts any disputes that are not subject to arbitration must be brought.
We and Our representatives from time to time make written or oral forward-looking statements including statements contained on the Website, in press releases, filings with the U.S. Securities and Exchange Commission (“SEC”), and Our reports to stockholders that involve risks and uncertainties relating to future events and future performance of 89bio. The words and phrases “will likely result,” “expect,” “believes,” “will continue,” “is anticipated,” “estimates,” “projects,” “intends,” “seeks” or similar expressions are intended to identify such forward-looking statements, although not all forward-looking statements contain these identifying words. These statements include, without limitation, the nature, timing, and possible success and therapeutic applications of products marketed or otherwise commercialized by Us and/or Our collaborators (collectively, “Our Products”) and product candidates being developed by Us and/or Our collaborators (“Our Product Candidates”) and research and clinical programs now underway or planned; uncertainty of market acceptance and commercial success of Our Products and Our Product Candidates and the impact of studies (whether conducted by Us or others and whether mandated or voluntary) on the commercial success of Our Products and Our Product Candidates; and the likelihood, timing, and scope of possible regulatory approval and commercial launch of Our Product Candidates and new indications for Our Products. A more complete description of these and other material risks can be found in Our filings with the SEC, including Our most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on From 10-Q, which are incorporated by reference herein. Copies of Our public disclosure filings are available on this Website or through the SEC’s website at https://www.sec.gov. Any forward-looking statements are made based on management’s current beliefs and judgment, and the reader is cautioned not to rely on any forward-looking statements made by Us. We do not undertake any obligation to update (publicly or otherwise) any forward-looking statement, including without limitation any financial projection or guidance, whether as a result of new information, future events or otherwise.
You acknowledge and agree that these Terms of Use, together with the Privacy Statement, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements and other communications. The Terms of Use may not be amended by you without Our prior written consent.
Nothing contained in the Terms of Use shall be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the Terms of Use shall be unenforceable or invalid under any applicable law, or be so held by any applicable court decision, such unenforceability or invalidity shall not render the Terms of Use unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and that achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.
You may not assign, delegate or transfer the Terms of Use or your rights or obligations hereunder in any way (by operation of law or otherwise) without Our prior written consent. We may transfer, assign, or delegate the Terms of Use and Our rights and obligations without your consent.
If you have any questions regarding these Terms of Use, please contact us at info@89bio.com.