Terms of Use

Updated: October 28, 2015

Your access to and use of this website (the “Site”) is subject to the following terms and conditions (“Terms of Use”) and the Privacy Policy of Kite Pharma, Inc. (“Kite”).

  1. Your Use of the Site

You may freely browse the Site, but you may only access, download or use information from the Site, including any text, images, audio, and video (the “Content”) for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without written permission of Kite. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of Kite. Except as otherwise permitted in this paragraph, Kite neither warrants nor represents that your use of Content will not infringe rights of third parties not owned by or affiliated with Kite. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Kite or of any other party is granted or conferred to you.

  1. The Content is Not Medical or Professional Advice

The Content, including all medically-related information, is for informational purposes only. Please confirm all Content with other sources and with your physician and professional health care providers. Kite does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Content.

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE CONTENT. DO NOT USE THE CONTENT FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911.

  1. Trademarks and Proprietary Rights

The trademarks, service marks, and logos of Kite (the “Kite Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Kite. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Kite Trademarks, the “Trademarks”). Nothing on the Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Kite specific for each such use. The Trademarks may not be used to disparage Kite or the applicable third-party, Kite’s product candidates or services or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Kite’s prior written consent. All goodwill generated from the use of any Kite Trademark shall inure to Kite’s benefit.

  1. Disclaimer of Warranties

Kite warrants that Kite has validly entered into these Terms of Use and has the legal power to do so. You warrant that you have validly entered into these Terms of Use and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Kite specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Kite makes no warranty as to the accuracy, completeness, currency or reliability of any of the Content. Kite does not warrant that (i) the Site will meet your requirements, (ii) operation of the Site will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by Kite or its agents does not and will not create any warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. KITE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF KITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE.

IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN KITE’s MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO KITE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms of Use that limit liability, are essential terms and that Kite would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. Indemnification

You agree to defend, indemnify and hold harmless Kite and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against Kite by any third party arising out of or are related to your violation of these Terms of Use. Kite reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Kite may be made without Kite’s prior written approval.

Kite agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Site in compliance with these Terms of Use infringes a third party’s U.S. patent, copyright or trademark right.

  1. Dispute Resolution

The law of the State of California shall govern these Terms of Use, without reference to its choice of law rules. You and Kite agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms of Use.

YOU AND KITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU AND KITE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND KITE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any controversy or claim arising under or related to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of these Terms of Use to arbitration (collectively, “Covered Disputes”) shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the Center for Conflict Resolution (“CCR Rules”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or Kite may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or Kite pending the completion of arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the CCR’s Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Kite will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Kite for all fees associated with the arbitration that Kite paid on your behalf which you otherwise would be obligated to pay under the CCR’s Rules.

A single arbitrator will be selected in accordance with the CCR Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.

If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

  1. Securities Laws

The Content may include statements concerning Kite’s operations, prospects, strategies, financial condition, future economic performance and demand for Kite’s product candidates or services, as well as its intentions, plans and objectives, are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on or in the Content, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Content and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Kite’s securities-related filings or documents.

  1. Links to Third Party Websites

You may find advertising or other content on the Site that link to the sites of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own terms and conditions. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies.

  1. Changes to Kite’s Terms of Use

Kite has the discretion to update these Terms of Use at any time. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and become aware of modifications.

  1. Your Acceptance of Kite’s Terms of Use

By using the Site, you accept these Terms of Use and Kite’s Privacy Policy. If you do not agree to these Terms of Use or Kite’s Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to these Terms of Use will be deemed your acceptance of those changes. Your affirmative act of using the Site constitutes your consent to enter into agreements with Kite electronically.

  1. Contacting Kite

If you have any questions about these Terms of Use, please contact us at info@kitepharma.com