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Terms of Use

Aerie Pharmaceuticals Terms Of Use
Updated: May 25, 2018

The Terms of Use are a binding agreement between you and Aerie, and govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THE TERMS OF USE, PLEASE LEAVE THE SITE.

As we may revise these Terms of Use occasionally, please review them periodically.

Aerie Pharmaceuticals grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.

Medical Advice Disclaimer
NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENT OF GIVING MEDICAL ADVICE OR INSTRUCTIONS ON THE CORRECT USE OF AERIE PHARMACEUTICAL PRODUCTS. AERIE PHARMACEUTICALS CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE. VISITORS SHOULD CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MAY HAVE AT ANY TIME, NOW OR IN THE FUTURE.

Privacy Statement
Aerie Pharmaceutical’s Privacy Statement is a part of the Terms of Use. Use of this Site indicates your consent to the collection and use of your Personal Data as set forth in the Privacy Statement.

Copyrights and Trademarks
The Site and the Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by Aerie Pharmaceuticals, its affiliates and/or third parties and are protected by intellectual property laws of the United States and other countries.

Assume that all Content of the Site is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of Aerie Pharmaceuticals or the original creator of the material.

Product names, logos, trademarks, and service marks that are used or displayed on the Site (collectively, the “Trademarks”) are registered or unregistered trademarks and the exclusive property of Aerie Pharmaceuticals or its affiliates. No use of the Trademarks may be made without Aerie Pharmaceutical’s prior written authorization, except to identify the product or services of the company. Other product names, logos, trademarks, and service marks appearing on the Site that are not owned by Aerie Pharmaceuticals may not be used without express permission from its owner.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any intellectual property of Aerie Pharmaceuticals or any third party.

User Responsibility
Each person assumes full responsibility and all risks resulting from use of the Site.

IN NO EVENT SHALL ANY OF AERIE PHARMACEUTICALS, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER AERIE PHARMACEUTICALS OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO, OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND AERIE PHARMACEUTICALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE. AERIE PHARMACEUTICALS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

AERIE PHARMACEUTICALS MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions do not allow exclusion of implied warranties, in which case some of the above exclusions may not be applicable to you. Please check local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Aerie Pharmaceuticals may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Aerie Pharmaceutical will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AERIE PHARMACEUTICALS, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.

You further agree that any claim related to this Site must be filed within one (1) year after it arises.

Non-Personal Data
Any non-personal Data that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, concerns, ideas, suggestions, or the like, is, and shall be treated as, non-confidential and nonproprietary data, and Aerie Pharmaceuticals shall have no obligation whatsoever with respect to such data. Aerie Pharmaceuticals and any of our affiliates may utilize such data for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such data, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such data. Please consult the Privacy Statement for additional information.

Links to Other Web sites
You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, your organization, your club, or your site by Aerie Pharmaceuticals. Without the prior written permission of Aerie Pharmaceuticals, you may not frame or scrape any of the content within this site nor incorporate into another website or other service any intellectual property of Aerie Pharmaceuticals.

Links to Websites Owned By Aerie Pharmaceuticals
Aerie Pharmaceuticals encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include the Aerie Pharmaceuticals logo or other intellectual property. We strictly prohibit any suggestions of endorsement or recommendation of a specific company, product, or service by Aerie Pharmaceuticals.

Links From Websites Owned By Aerie Pharmaceuticals
This Site may include links to other sites. These links are provided solely for purposes of convenience. Aerie Pharmaceuticals is not responsible for the content or accuracy of data contained on other sites. Neither is Aerie Pharmaceuticals responsible the privacy practices of other sites. Aerie Pharmaceuticals is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You exculpate Aerie Pharmaceuticals and its affiliates from any damages you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied data, products and/or services.

Jurisdiction
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries.

Forward-Looking Statements
This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from forward-looking information.

Reservation of Rights
Aerie Pharmaceuticals reserves the right to alter or delete material from this Site at any time without notice. Check often for updates, as we reserve the right, in our sole discretion, to modify the Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

Failure on the part of Aerie Pharmaceuticals to enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Aerie Pharmaceuticals may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without Aerie Pharmaceuticals’ written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Effective as of May 25, 2018