Updated: June 26, 2025
Acceptance of Terms
The following terms and conditions govern use of the website www.aertherapeutics.com (the “Site”). The Site is offered subject to acceptance without modification of any of the terms and conditions contained herein or all other guidelines or policies that may be published from time to time on this Site by Aer Therapeutics, Inc. (collectively, the “Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SITE. BY VIEWING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
Changes
Aer Therapeutics, Inc. (“Aer”, “We”, “Us” or the “Company”) reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. We will post the date of the most recent updates at the top of these Terms. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Information and privacy
At your election, you may request (and Aer may provide) additional information about Aer. When you do so, you may need to submit certain information or data to Aer, for example, your contact information. Aer’s current privacy policy is available at [https://aertherapeutics.com/privacy-policy/] the Privacy Policy), which is incorporated by this reference. Aer will not edit, delete or disclose the contents of your data in connection with the Site unless (1) reasonably necessary to perform the request, (2) authorized by you, (3) otherwise permitted under the Privacy Policy, or (4) Aer is required to do so by law or regulation, or in good faith believes that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Aer or any other user or (iii) enforce these Terms of Use. Aer may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
Rules and conduct
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Aer. You agree to abide by all applicable local, state, national and international laws and regulations.
Use of Site
The Site and services contained in each Site are provided to you for your personal and informational purposes only. The information provided on the Site does not constitute medical advice or create any commercial or advisory relationships. Aer reserves the right, at any time, to modify, suspend, or discontinue the services (in whole or in part) with or without notice to you. You agree that Aer will not be liable to you or to any third party for any modification, suspension, or discontinuation of the service or any part thereof. The Site may contain forward-looking statements and information relating to Aer and its products and services that are based on its beliefs as well as assumptions made by and information currently available to it. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to Aer, are intended to identify forward-looking statements. Actual results could differ materially from those projected in such forward-looking statements. Aer does not intend to update these forward-looking statements.
Third-party sites
The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Aer’s control, and you acknowledge that Aer is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Aer or any association with its operators.
Proprietary rights
You agree that all content and materials delivered via the Site or otherwise made available by Aer on or through the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Aer in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal noncommercial purposes, provided that you retain all copyright and other proprietary notices contained therein. In the event that you are able to provide Aer with any content or information, you expressly agree that you have the expressed right and ability to provide Aer with any content or user provider input. You represent and warrant that no third-party copyrighted information or content will be provided to Aer without Aer’s expressed written consent.
No warranties
The site and all materials, information, software, products and sites included in or available through the site (the content) are provided “as is” and “as available.” The site, service and content are provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. AER and its affiliates, licensors and suppliers do not warrant that: (1) the content is timely, accurate, complete, reliable or correct; (2) the site will be secure or available at any particular time or location; (3) any defects or errors will be corrected; (4) the content is free of viruses or other harmful components; or (5) the results of using the site or service will meet your requirements. Your use of the site and/or service are solely at your own risk.
Limitation of liability
In no event shall AER (or its affiliates, licensors and suppliers) be liable concerning the subject matter of these terms of use, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (1) matter beyond its reasonable control, (2) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or sites, or (3) direct or indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, even if AER has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.
Governing Law
These Terms of Use are governed by North Carolina law.
Miscellaneous
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Aer may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Aer except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.