This page sets out the terms of use (the “Terms of Use”) on which you make use of www.ateapharma.com (the “Site”). By entering and using the Site you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not use the Site. Atea may modify these Terms of Use at any time. Any changes we may make to these Terms of Use in the future will be posted on this page and, where appropriate, notified to you by e-mail. Your continued use of this Site following such change demonstrates your agreement to be bound by the modified Terms of Use. We advise you to check the Terms of Use often and take notice of any changes we make as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site.

INFORMATION ABOUT US

Our Site is a website operated by Atea Pharmaceuticals Inc, a Delaware corporation, with its principal place of business located at 125 Summer Street, Boston, Massachusetts 02110, United States of America (“Atea”, “we”, “us”, or “our”).  Atea is a clinical stage biopharmaceutical company working to address unmet medical needs through novel antiviral treatment.  The Site provides you, the user, with information about our company, our programs, and our product candidates in development.  Our Site is intended to provide information about our pipeline and how we are striving to develop transformative therapies for patients with life-threatening viral diseases. 

2. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the functionality of our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them. 

3. DISCLAIMER

While Atea makes reasonable efforts to ensure that the content of the Site is accurate, complete and up-to-date, Atea does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy, currency or completeness of the information appearing on the Site. Atea may remove material from the Site at its own discretion and without giving any notice.

You acknowledge and agree that you assume full responsibility for your use of the Site.

4. NO MEDICAL ADVICE

No information made available through the Site is intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the Site is for general information purposes only. Atea makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the Site with other sources, and review all information regarding any medical condition or treatment with your health care provider.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE.

5. FORWARD-LOOKING STATEMENTS

This Site contains express or implied forward-looking statements, which are based on current expectations of management. these statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Atea assumes no obligation to update any forward-looking statements appearing on this site in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.

6. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Site content, software and all HTML and other code contained in this Site, shall remain at all times vested in Atea and/or its licensors, and is protected by copyright and other laws and international treaty provisions. All such rights are reserved.

Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the Site from time to time without first obtaining permission to do so from Atea in writing.

The Site and its contents are copyright material and the copyright is owned by Atea unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Site are either owned by Atea or Atea has obtained limited use permission from the trademark owner to use the trademark on the Site. Any other third party trademarks remain the property of their respective owners.

If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the Site from time to time please contact us at [email protected] Atea shall not be responsible for seeking any additional authorisation required for third party use of any trademark not owned by or licensed to Atea for such use.

7. PROHIBITION ON COMMERCIAL USE OF SITE CONTENT

You are permitted to use the material that is displayed on the Site only as expressly authorised by Atea or its licensors and partners. This Site is intended to provide information relating to Atea, and the Site is designed for users’ personal, non-commercial use only. Users may not use this Site, or any of the material appearing on the Site from time to time, to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other Site.

8. LINKING

Atea may from time to time include links on this Site to other Sites or resources operated by parties other than Atea. These links are provided for the convenience of users and for information purposes only. Atea is not responsible for the availability of such external Sites or resources, does not endorse or accept responsibility for them or for any loss or damage that may arise from your use of the Sites or the content of such external Sites or resources. Atea has no responsibility for or control over the terms and conditions of use and the privacy policy (if any) of the operators of the external Sites. You are advised to check the terms and conditions of use and the privacy policies of these external Sites before entering or making use of them.

If you wish to create a hyperlink to this Site or to any other Site operated or maintained by Atea please contact us at [email protected] By so linking, you agree that Atea may require the link to be removed if, in Atea’s sole opinion, any aspect of the linking Site, its content or any other matter relating to the link is objectionable to Atea.

Without prejudice to the above, any link must be provided in a fair and legal way that does not damage Atea’s reputation or take advantage of it and must not be established in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Site other than that set out above, please address your request to [email protected].

9. LIMITATION OF LIABILITY

The Internet is by its nature an unreliable medium. Consequently, you accept that this Site is offered on an ‘as is’ and ‘as available’ basis. Atea takes all reasonable steps to ensure that the Site is properly functioning at all times but Atea does not warrant that this Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of software viruses or bugs or other defects.

Nothing in these Terms of Use shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the paragraph above, by accepting these Terms of Use, you accept that Atea’s total liability for the your use of the Site or making use of the information available on the Site, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site;

  • use of or reliance on any content displayed on our Site; or

  • otherwise, shall be limited to $100.

In particular, Atea will not be liable for any:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any direct, indirect, incidental, consequential, punitive or special loss or damage.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

10. INDEMNITY

You agree to defend, indemnify, and hold harmless Atea, its subsidiaries and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you of these Terms of Use or arising out of a breach of your obligations, any representation you make or warranties you provide under these Terms of Use.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our Site, you warrant that all data provided by you is accurate.

12. VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may be committing a criminal offence. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Site linked to it.

13. LEGAL NOTICE

By accessing this Site, you agree that all matters relating to your access to and use of this Site or its products shall be governed by the statutes and laws of the United States of America and, specifically, the State of Massachusetts – without regard to the conflict of laws or principles thereof.

14. ARBITRATION AND CLASS ACTION WAIVER

Informal Process First. You agree that in the event of any dispute between you and Atea, you will first contact Atea and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Site or arising out of or relating to these Terms of Use, will be resolved by arbitration, including threshold questions of arbitrability of the Claim.  You and Atea agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms of Use, you and Atea are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Atea will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.  Each party may also pursue enforcement action through a court of proper jurisdiction if that action is available.

Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Atea will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to the U.S. mailing address listed in the “Contact” section of these Terms of Use. The notice must be sent to Atea within thirty (30) days of your agreeing to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt-out of these arbitration provisions, Atea also will not be bound by them.

15. ENTIRE AGREEMENT

These Terms of Use constitute the whole legal agreement between you and Atea and govern your use of the Site and completely replace any prior agreements between you and Atea in relation to the Site.

16. WAIVER

Our failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

17. SEVERABILITY

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use will continue to be valid and enforceable.

18. CONTACT

Should you have any questions, please contact Atea by phone at 857-284-8891, by email at [email protected] or by mail at 125 Summer Street, Boston, MA 02110 Attn: General Counsel.


CONTACT DISCLAIMER:

DO NOT USE THE CONTACT INFORMATION ON THIS PAGE TO REPORT ADVERSE EVENTS OR SIDE EFFECTS THAT MAY OCCUR WHILE ENROLLED IN ANY ATEA CLINICAL TRIALS.  PLEASE CONTACT YOUR STUDY DOCTOR OR YOUR TRIAL SITE IMMEDIATELY.