These Terms of Use were last revised on December 17, 2018.

Please Read These Terms of Use Carefully Before Using This Website.

These Terms of Use (“Terms”) describe the terms and conditions applicable to your use of the Neurogene Inc. (“Neurogene”) website (the “Website”).  By using this Website, you agree to be bound by and to comply with these Terms.  If you do not agree to all of these Terms, do not use this Website.  These Terms may periodically change without notice, so you should check these Terms before every attempt to use this Website.  When these Terms are changed, the date of the latest revision will appear at the top of this page.  Neurogene reserves the right at any time and without notice to change this Website.  If you continue to use the Website, you signify your agreement to any revisions to these Terms.

Privacy Policy

On this Website Neurogene may collect personal information about you.  Please refer to Neurogene’s privacy policy (“Privacy Policy”) for details about how we protect your personal information.

Intellectual Property Rights

All content of this Website is the property of Neurogene and its licensors and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws.  This Website may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Neurogene and/or other parties.  Any company names, trademarks, service marks, trade names, logos, and products displayed on this Website are the property of Neurogene, its affiliates, licensees, licensors, or collaboration partners, and no use of any of the foregoing may be made without Neurogene’s prior written consent. Except as expressly provided in these Terms, nothing contained in this Website grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Neurogene or any third party. Unauthorized use of any Neurogene trademark, service mark, logo, design, page header, button icon, or script may be a violation of federal and state trademark laws.

Except for information covered by our Privacy Policy, you should assume that any communication or information you transmit through, to or in connection with the Website will not be private.  You authorize Neurogene to treat any such content as non-confidential and non-proprietary, and you grant to Neurogene a royalty-free, irrevocable, perpetual, non-exclusive, transferable, worldwide, sublicenseable license to use, reproduce, incorporate, and otherwise exploit any content of such communications or materials, including any data, comments, questions, suggestions, ideas, concepts, inventions, techniques or know-how disclosed therein, for any purpose including developing, manufacturing or marketing goods or services, and disclosing such content to Neurogene’s affiliates, collaboration partners, and other individuals and entities.  By submitting any content, you represent and warrant that: (i) you have all rights necessary to transmit such content and grant the licenses thereto specified herein; (ii) such content will not violate or infringe upon the rights of any third party; and (iii) such content will not contain libelous, defamatory or otherwise unlawful material.

Third Party Content and Linking Policy

This Website may contain links to websites operated by other parties, as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”).  Such Third-party Content is not under the control of Neurogene, and Neurogene is not responsible for the content available on any other Internet sites linked to this Website.  Such Third-party Content does not imply Neurogene’s endorsement of material on any other site and Neurogene disclaims all liability with regard to your access to such Third-party Content.  Should you decide to leave this Website and access or use any Third-party Content, you do so at your own risk and you should be aware that Neurogene’s terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.

You must adhere to Neurogene’s linking policy as follows: (i) any link to this Website must be a text-only link clearly marked “Neurogenepharma.com” or “Neurogene website;” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Neurogene’s names and trademarks; (iii) the link most “point” to www.neurogenepharma.comand not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Neurogene; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (vi) Neurogene reserves the right to revoke its consent to the link at any time and in its sole discretion.

Disclaimers

This Website may be unavailable from time to time for maintenance or other reasons.  Neurogene shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Website.

THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED ON AN “AS IS” BASIS.  NEUROGENE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEUROGENE MAKES NO WARRANTY AS TO THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THIS WEBSITE IS AT YOUR SOLE RISK.  NEUROGENE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF DELETERIOUS PROGRAM MATERIAL INCLUDING MALWARE, WORMS, VIRUSES, AND OTHER EXECUTABLE CODE.  NEUROGENE IS NOT OBLIGED TO UPDATE THE WEBSITE AND MAY DISCONTINUE PROVIDING OR DISTRIBUTING THIS WEBSITE FOR ANY REASON OR NO REASON, WITHOUT PRIOR NOTICE.

Limitation of Liability

YOUR USE OF THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE IS AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES WILL NEUROGENE, ITS AFFILIATES OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OR RELIANCE UPON THIS WEBSITE OR CONTENT ON THIS WEBSITE, OR SITES TO WHICH THIS WEBSITE IS LINKED, EVEN IF NEUROGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEBSITE OR VIRUSES, WORMS, TROJAN HORSES AND OTHER THREATS THAT MAY INFECT YOUR COMPUTER EQUIPMENT WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Governing Law and Severability

This Website is operated by Neurogene from its offices in New York, U.S. The law of the State of New York shall govern these Terms, without reference to its choice of law rules. If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect.  Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.  Any invalid or unenforceable provision of these Terms shall be replaced with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.