Terms of Use | Stealth Biotherapeutics

Terms and Conditions governing the use of Stealth BioTherapeutics (“Stealth”) website.

Introduction

Welcome to the Stealth BioTherapeutics Inc. website (“Website”). The Website is owned, operated and maintained by Stealth. Stealth created this Website to provide information to and communicate better with physicians, patients, investors and others who may be interested in learning about Stealth BioTherapeutics and our work in developing therapies to treat mitochondrial and many common age-related diseases. The medical information contained on the Website is intended for informational purposes only. It is not a substitute for actual medical care. Persons requiring diagnosis or treatment or with questions specific to a single individual are urged to contact their local healthcare provider.

You may use this Website, provided you comply with these terms and conditions.

In addition to these terms and conditions, you should also read and be aware of the provisions of our Privacy Policy, which discloses Stealth’s practices regarding the collection and use of your personal information, and other policies that govern other parts of our Website.

Acceptance of Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing, using and continuing to use this Website you agree to follow and be bound by these terms and conditions. If you do not agree to follow or be bound by the terms and conditions, you may not access, use or download any information or materials from this Website.

Restrictions on Use of Materials

The contents of the Stealth Website, such as text, graphics, images, logos, button icons, software and other material (the “Material”) are protected under copyright, trademark and other laws. You may not copy, reproduce, republish, modify, upload, post, transmit, or distribute any Material in any way, except that you may download one copy of the Material on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. Use of the Material for any other purpose is a violation of Stealth’s copyright and other proprietary rights. For purposes of these Terms of Use, the use of the Material or a modification of the Material on any other site or networked computer environment is prohibited unless permission is obtained in writing from Stealth. You may not copy or adapt any of the Material we use to generate the web pages.

Investors and Forward-Looking Statements

The Website contains forward-looking statements regarding Stealth’s operations, financial condition, prospects, products, candidates, services, and strategies. Such forward-looking statements are based on estimates and projections about our industry, management’s beliefs, and certain assumptions made by our management. These statements are neither promises nor guarantees of future performance and are subject to a variety of risks and uncertainties, many of which are beyond our control, which could cause actual results to differ materially from those contemplated in these forward-looking statements. Further, such statements are subject to certain factors which may cause Stealth’s plans or results to differ from those expected, including, without limitation, decisions of regulatory authorities regarding marketing approval or material limitations on marketing of Stealth’s products; delays in arranging satisfactory manufacturing capability and establishing commercial infrastructure; the possibility that results of clinical trials are not predictive of safety and efficacy results of Stealth’s products in broader patient populations in the disease studied or other diseases; the risk that acquisitions will not result in short-term or long-term benefits; the possibility that current results of commercialization are not predictive of future rates of commercialization; the risk that third parties will not agree to license any necessary intellectual property to Stealth on reasonable terms or at all; the risk that third party payors (including governmental agencies) will not reimburse for the use of Stealth’s products at acceptable rates or at all; the risk that estimates regarding the number of patients is inaccurate; our ability to successfully complete preclinical or clinical development of our products; our ability to expand the use of our product in other indications; and other risks that may be set forth from time to time in Stealth’s filings with the Securities and Exchange Commission. Any forward-looking statement represents our views only as of today and should not be relied upon as representing our views as of any subsequent date, Stealth undertakes no obligation to update any of these forward-looking statements.

Submissions

Stealth appreciates hearing from interested parties and welcomes your comments regarding Stealth’s products, candidates or technologies. If you nonetheless send us any information, it shall be deemed, and shall remain, the property of Stealth. None of the information shall be subject to any obligation of confidence on the part of Stealth and Stealth shall not be liable for any use or disclosure of any information. Without limitation of the foregoing, Stealth shall exclusively own all now known or hereafter existing rights to the information and shall be entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.

You may use the Website for lawful purposes. Stealth specifically prohibits use of the Website for, and you agree not to: (i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (ii) take any action that imposes an unreasonably large load on the Website’s infrastructure; (iii) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Website, or attempt to do the same.

This Website may contain links to sites operated by other parties. The linked sites are not under the control of Stealth, and Stealth is not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply Stealth’s endorsement of material on any other site, and Stealth disclaims all liability with regard to your access to such linked websites. Stealth provides links to other Internet sites as a convenience to users. Stealth has not reviewed all of the sites that may be linked to its Website, and is not responsible for the content of any off-Website pages or any other sites linked to the Website, and access to any other Internet sites linked to this Website is at your own risk.

Jurisdictional Issues

The Website and its contents are intended for users in the jurisdiction indicated and intended to comply with the laws and regulations in the jurisdiction indicated on the Website, without regard to the conflict of law provisions thereof. Stealth makes no representation that Material is appropriate or available for use in other locations. By continuing use of the Website, you are affirmatively consenting that your use hereof shall be governed by the laws applicable in the jurisdiction indicated on the Website, excluding its conflict of law provisions. Those who choose to access a Website from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. Stealth reserves the right to limit provision of any product or service to any person, geographic region or jurisdiction and to limit the products or services that we provide.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Stealth Website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Stealth if in Stealth’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Website and all copies thereof, whether made under the terms of this agreement or otherwise. Stealth reserves the right to alter or delete material from the Website at any time and may, at any time, revise the terms of this agreement by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms of this agreement. The terms of use set forth for the Website shall survive such termination, including without limitation the paragraphs headed “Investors and Forward-Looking Statements” “Restrictions on Use of Materials,” “Submissions,” “Jurisdictional Issues,” “Termination,” and “Disclaimer.”

Severability

If any of these Terms are held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. If any provision of these Terms is held invalid or unenforceable only in part or degree, the remainder will continue in full force and effect to the extent not held invalid or unenforceable.

Disclaimer

The Website is for informational purposes only. You should not use the information contained herein for diagnosing a health problem or disease. Stealth makes no warranties or representations as to its accuracy. Stealth assumes no liability or responsibility for any errors or omissions in the content of Website. As stated above, Stealth has not reviewed all of the sites that may be linked to its Website, and is not responsible for the content of any off-Website pages or any other sites linked to the Website. Your access to any off-Website pages is at your own risk. THE MATERIALS IN THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STEALTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. IN NO EVENT SHALL STEALTH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ABILITY OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN.

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