Terms and Conditions

Welcome to www.Apellis.com (“Website”). This Website is owned and controlled by Apellis Pharmaceuticals, Inc. (“Apellis”) based at 100 Fifth Avenue, Waltham, Massachusetts, USA. By accessing, browsing, and submitting information to the Website, you accept and agree to, without limitation or qualification, these terms and conditions (“Terms and Conditions”), and you acknowledge that any other agreements between you and Apellis are superseded and have no force or effect with respect to your access and use of the Website. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use, or download materials from this Website.

Apellis respects the privacy of the users of this Website. Therefore, please also read and be aware of the provisions of our Privacy Statement, which discloses Apellis’ practices regarding the collection and use of your personal information, and other policies that govern other parts of this Website.

Intended Audience

The Website is intended for U.S.A. residents over the age of 18 only. This Website is not intended for use by children. Some portions of the Website, or websites linked from Website, are intended for U.S. healthcare professionals only, and in those instances, the healthcare professional will be asked to self-identify.

Nature of Information

Apellis created and maintains this Website for general informational and educational purposes only. This Website does not provide medical advice. The provided information is not a substitute for actual medical care. You should not use the information contained herein for diagnosing any illness or physical problem or in order to prescribe or use any medication presented on the site. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider. The information on the Website may contain direct or indirect references to Apellis’ products, programs or services or the products, programs, or services of other companies, which may not be available in certain countries or regions, and which may be subject to different regulations and conditions of use according to the country. These references are not intended by Apellis to sell these products, programs, or services.

The information presented on this Website is or was current as of the “Last Updated” date shown on each page. Apellis may make improvements and/or changes to this Website at any time. Although Apellis attempts to periodically update information on this Website, the information, materials, and services provided on or through this Website may occasionally be inaccurate, incomplete, or out of date or contain typographical errors. Apellis expressly disclaims any duty to update information contained in this Website, and Apellis will not be liable for any failure to update or revise such information, whether as a result of new information, future events, or circumstances or otherwise. It is your responsibility to verify any information contained on this Website before relying upon it.

Links

This Website may contain links to websites operated by other parties. The linked websites are not under the control of Apellis, and Apellis is not responsible for the content available on any other website linked to this Website. Such links do not imply Apellis’ endorsement of material on any other website, and Apellis disclaims all liability with regard to your access to such linked websites. Apellis provides links to other websites as a convenience to users, and access to any other websites linked to this Website is at your own risk. We assume no responsibility for external websites and their contents which refer to our Website or which are referred to via links from this Website.

Limitation of Liability and Disclaimer of Warranties

Your use of this Website and the materials is at your own risk. Changes can and will be made to this Website and materials at any time. It is your responsibility to monitor such changes. Access to the materials may not be appropriate for certain people or in certain countries. If you access this Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. To the extent permitted by law, we exclude liability for any errors or omissions and the consequences of using the information or the Website.

Apellis does not warrant that the Website will operate error-free or that this Website and its server are free of computer viruses and other harmful goods. If your use of this Website results in the need for servicing or replacing equipment or data, Apellis is not responsible for those costs.

This Website and materials are provided on an ‘as is’ basis without any express or implied warranties of any kind. Apellis and its suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Apellis and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links or about the results to be obtained from using this Website. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above exclusion may not apply to you.

In no event shall Apellis, its affiliates, suppliers, or any third parties mentioned in this Website or involved in creating, producing or delivering this Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from access to, use of or inability to use this Website and the materials or any linked website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Apellis is advised of the possibility of such damages. In no event shall Apellis’ total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Website.

Copyrights and Trademarks

This Website, and the information which it contains, is the property of Apellis and its affiliates and licensors and is protected from unauthorized copying and dissemination by United States copyright law, international conventions, and other intellectual property laws. The trademarks and logos displayed on this Website are trademarks of Apellis except as otherwise noted.

Nothing on this Website should be construed to grant any license or right in or to any trademarks, logos, or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice. It is not permitted to reference our name or the Apellis logo with links on any digital channels or otherwise without Apellis’ prior written consent.

Indemnification

You agree to defend, indemnify, and hold harmless Apellis from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms and Conditions or your access to, use or misuse of this Website or the materials. Apellis shall provide notice to you of any such claim, suit, or proceeding. Apellis reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Apellis’ in the defense of such matter.

Forward-Looking Statements

This Website contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995, as amended, including statements about our future expectations, plans, prospects, objectives, and strategies. Without limiting the foregoing, the words “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “target” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. There are a number of known and unknown risks, uncertainties and other important factors that could cause Apellis’ actual results, performance, or achievements to differ materially from those expressed or implied by any forward-looking statements. These risks and uncertainties include, among others, risks and uncertainties related to the timing and results of any current or planned clinical trials and preclinical studies, including subsequent analysis of existing data and new data received from ongoing future studies; Apellis’ advancement of multiple early-stage efforts; the content and timing of decisions made by the U.S. Food and Drug Administration and other regulatory authorities, investigational review boards at clinical trial sites and publication review bodies; Apellis’ ability to obtain and maintain requisite regulatory approvals and to enroll patients in its current or planned clinical trials; Apellis’ ability to obtain, maintain and enforce patent and other intellectual property protection for any product candidates it is developing; and Apellis’ ability to maintain key collaborations and the success of those collaborations; and other risks listed under “Risk Factors” in Apellis’ annual report, quarterly reports and other filings that it makes from time to time with the U.S. Securities and Exchange Commission, all of which are available through this Website and at www.sec.gov. Apellis assumes no obligation to update any forward-looking statements appearing on this Website as a result of new information, future events or circumstances or otherwise. None of the information contained on this Website is intended to be, and shall not be deemed to be, incorporated into any of Apellis’ filings with the Securities and Exchange Commission.

Governing Law

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts. Any legal action or proceeding based on, arising out of, or related to these Terms and Conditions or your use of this Website (including any information it contains) shall be brought exclusively to the state and federal courts of Massachusetts. To the extent allowed under applicable law, any claims or cause of action arising from or relating to your access or use of this Website must be brought within two (2) years from the date on which such claim or action arose or accrued.

Miscellaneous

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Failure of Apellis to act on or enforce any provision of the Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against Apellis unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Apellis and you, these Terms and Conditions (together with the Privacy Statement) constitute the entire agreement between you and Apellis with respect to accessing and using the Website, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal importance. These Terms and Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.

These Terms and Conditions May Change

Apellis reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, Apellis encourages you to review these terms and conditions every time you use this Website.

These Terms and Conditions were last revised on January 3, 2023.