Terms of Use

Last Updated March 7, 2022

By accessing this website and any materials presented herein (the “Site”) via any media or electronic device, including internet, telephone and wireless devices, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the following terms, conditions and disclosures pertaining to the use of the Site (these “Terms of Use”). If you do not wish to be bound by these Terms of Use, you must not access or use this Site. OrbiMed Advisors LLC (collectively with its affiliates and the funds and accounts sponsored or managed by them, “OrbiMed,” “we,” “us,” or “our”) reserves the right to change these Terms of Use at any time, as further described below. As used herein, “affiliate” means an entity that controls, is controlled by, or is under common control with another entity. For information about our privacy practices, please see our Privacy Policy.

  1. Important Disclosures

    2. OrbiMed is an investment adviser registered with the U.S. Securities and Exchange Commission and headquartered in New York, New York. Registration does not imply a certain level of skill or training. This Site has been designed for informational purposes only. Under no circumstances should any information presented herein be used or construed as an offer or a solicitation of an offer, or other form of invitation or inducement, to sell or buy any security or other investment, or to provide advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy. Any such offer can only be made where lawful under and in accordance with applicable law. There can be no assurance that any particular strategy or investment will prove profitable, and the information contained on this Site should not be interpreted to provide a guarantee of future performance. Investment strategies may be added, removed or adjusted, and/or the investment approach may be changed, at any time in OrbiMed’s sole discretion and without any notice. There can be no guarantee that any strategy or approach employed by OrbiMed will achieve its investment objective or avoid losses. There can be no guarantee that OrbiMed’s risk management framework will prevent losses from occurring.

    The information provided through this Site is for personal, non-commercial use and display. OrbiMed does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor. Investors are advised not to rely on any information contained in this Site in the process of making an investment decision. OrbiMed does not, and this Site does not intend to, render tax or legal advice. OrbiMed does not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable.

    The material on this Site does not constitute an offer to sell, or the solicitation of an offer to buy, advisory services, any securities or any interests in investment funds managed by OrbiMed or any of its affiliates. Offerings of securities or fund interests are made only by a prospectus or private offering memorandum by persons who are authorized to do so. Except as otherwise indicated in these Terms of Use, our Privacy Policy or elsewhere on this Site: (a) the Site is not intended for use by, or to provide any information to, investors or other individuals outside of the United States, including any individuals in the European Union, and such investors and other individuals should not rely on any information or material appearing on the Site; and (b) although the content presented on this Site (“Content”) may be translated into languages other than English, it remains targeted to U.S. investors and has not been reviewed for conformity with the laws of any other country, and OrbiMed makes no representations or warranties that such Content is applicable or appropriate for use in locations outside of the United States. OrbiMed reserves the right, where permitted under applicable law, to require proof of residence from any user accessing the Site and requesting information from OrbiMed via e-mail. Investors outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors should be advised that not all investments discussed on this Site may be available in all states.

    OrbiMed grants you a limited right to use the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.

    News, views, opinions, recommendations and other information presented on the Site but obtained from sources outside of OrbiMed are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, OrbiMed reserves the right to change or amend the information provided on the Site at any time and without prior notice.

    All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

  2. Specific Disclosures to PRC Residents Only

    3. This Site has not been filed with the Ministry of Industry and Information Technology of the People’s Republic of China (“PRC” or “China,” for the purposes of these Terms of Use, excluding Hong Kong, Macao and Taiwan) or any of its local counterparts, and we believe Chinese law does not require us to do so.

    Other than the Qualified Foreign Institutional Investor license held by OrbiMed Advisors LLC and the registration certificate of the Shanghai Representative Office of OrbiMed Asia Limited, neither OrbiMed nor any of the OrbiMed’s funds referred to on the Site has obtained any license, filing, registration or regulatory approvals in China and we believe Chinese law does not require us to do so. The information and materials provided through this Site shall by no means constitute an offer, an invitation or solicitation of an offer or conclusion of a contract in China (it being understood, however, that these Terms of Use nevertheless constitute a binding agreement). Nothing on this Site should be taken or construed as a representation, warranty or undertaking made by us to a PRC investor in respect of the legality of an investment in any of our funds by the PRC investor, the tax consequences or the relevant foreign exchange matters to the PRC investor of such an investment, or the suitability of such investment for the PRC investor from the PRC law perspective. A PRC investor should consult its own legal, accounting, tax and other professional advisers in this regard.

  3. No Warranty

    4. OrbiMed disclaims all warranties with respect to the Site that the law allows it to disclaim. The Site is provided “as is” and “as available.” We disclaim all representations and warranties, express or implied, of any kind with respect to the Site, including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, security, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the Content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.

  4. Limitation of Liability; Indemnification

    5. OrbiMed’s liability with respect to the Site is limited to the maximum extent permitted by law. In no event will we, or our members, directors, officers, employees, contractors, agents, advisors or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however caused, arising out of these Terms of Use, the Site, or the inability to use the Site. Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Virus (as defined below), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

    To the greatest extent permitted by law, you agree to indemnify, defend and hold harmless OrbiMed and its agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (a) your use of the Site and any information or data you submit or transmit through the Site; (b) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; (c) your violation of any applicable law, statute, ordinance, regulation or of any third-party’s rights; or (d) any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

  5. Your Responsibilities

    6. You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. OrbiMed disclaims any responsibility or liability for any problem with your computer systems, including any Virus that your computer systems receive as a result of your use of the Site. As used herein, “Virus” means: (a) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (b) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

    You may not interfere with or disrupt the Site, or servers or networks connected to the Site, interfere with or disrupt or inhibit others’ use of the Site, including through the upload or other transmission of any Viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment or use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site. Further, you may not (a) use any OrbiMed domain name, including as a pseudonymous return email address; (b) disable, bypass, modify, defeat, or otherwise circumvent any security-related tools incorporated into the Site; (c) change, modify, adapt, or otherwise alter the Site, or change, modify, or alter another website so as to falsely imply that it is associated with this Site; (d) inject content or code, or otherwise alter or interfere with the way any page from the Site is rendered or displayed in another user’s browser or device; (e) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; (f) systematically (including manually) collect, scrape, or use any Content from the Site, including through the use of any data mining, or similar data gathering and extraction methods; (g) use any high volume, automated, or electronic means to access the services (including without limitation robots, spiders, or scripts); (h) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (i) assist, encourage, or enable violations of these Terms of Use; or (j) attempt to do any of the foregoing. You may not disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

    You are not required to share data, including your Personal Information (as defined in our Privacy Policy), with OrbiMed. When you do, you are responsible for ensuring that all data, including Personal Information, shared with OrbiMed (including through the Site) is accurate and up-to-date, and that when you share personal information pertaining to other individuals you have obtained appropriate authorizations to do so. When sharing your Personal Information with OrbiMed, you are aware that this personal information is being processed by OrbiMed in accordance with our Privacy Policy. You agree not to use of the Site or access to the Site for any purposes other than for which the Site are being provided to you.

  6. Security Measures

    7. We take appropriate measures to secure this Site, including to safeguard your Personal Information (as defined in our Privacy Policy), but we cannot guarantee its absolute security. Please use caution any time you provide information over the internet.

  7. Links to Third-Party Websites

    8. Hyperlinks to other internet websites may be included at times on this Site as a convenience to the user, and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by OrbiMed with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. OrbiMed does not make any representations as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Site or incorporated herein, and takes no responsibility therefor.

    OrbiMed does not review or monitor any websites linked from or to the Site and is not responsible for information on any such website, or the security of any such website, that is referred in, accessible, or connected by hyperlink to, the Site. We will not be liable for any information, materials, products, services, software, or links found at or obtained on any other website, internet location, or source of information, nor for your use of such information, materials, products, services, software, or links, nor for the acts or omissions of any such websites or their respective operators. If you access any third-party website through the Site or otherwise, you do so at your own risk.

  8. Minors

    9. This Site is not intended for persons under age 18. By using this Site, you warrant to OrbiMed that you are age 18 or over.

  9. Use of the Site; Content

    10. The Site is owned by OrbiMed, and Content is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by OrbiMed or by third parties. OrbiMed grants you a limited, revocable, nonexclusive and non-transferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and non-commercial use only.

    “OrbiMed®,” “OrbiMed Advisors®,” “OrbiMed Capital®,” “OrbiMed Private Investments®,” “OrbiMed Partners®,” “OrbiMed Asia®,” “OrbiMed Israel®,” “OrbiMed Genesis®,” “OrbiMed New Horizons®,” the OrbiMed globe logo, and the OrbiMed Healthcare Fund Management wordmark with globe logo are registered trademarks with the U.S. Patent and Trademark Office. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder.

  10. Unlawful or Prohibited Use and Monitoring

    11. OrbiMed does not grant any license or right to use this Site or the Content other than those set forth above, and you shall not make any other use of the Site or the Content without OrbiMed’s prior written permission.

    As a condition of your use of this Site, and without limiting the foregoing: You warrant to OrbiMed that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. No Content, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of OrbiMed. You agree not to copy large portions of the Site (such as by bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict, or inhibit any others from using the Site. If you download any Content from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this Site, you shall not violate any law, regulation, or rule, or the intellectual property or contractual rights of others. You may not attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site. You may not transmit any virus, worm, or similar disabling code or system interference through this Site. You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site. You agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another web Site, or to download or use images hosted on this Site for any purpose, including posting such images on another web Site, unless in each case you have received the prior written consent of OrbiMed. OrbiMed may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web Site at any time. You will be responsible for any loss or liability to OrbiMed that arises out of your breach of these Terms of Use or your use of the Site.

    OrbiMed has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate, and it will do so in accordance with applicable law including data privacy laws. We may monitor and record activity on the Site, and we may process your Personal Information when doing so, as set forth in our Privacy Policy. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.

  11. Copyright Infringement Complaints and Notification Procedures

    12. If you believe that any of this Site’s content violates your or a third party’s copyright, please notify us at Copyright@OrbiMed.com by providing the following information.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on this Site;
    • Your address, telephone number, and email address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

  12. Electronic Communication

    13. This Site permits you to communicate electronically by sending an e-mail message to OrbiMed and its employees or submitting a webform. Any communication or other material that you send to us through the internet or post on the Site by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and OrbiMed shall have no obligation of any kind with respect to such information. OrbiMed will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to OrbiMed through the Site.

    OrbiMed shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to OrbiMed or its employees.

  13. Applicable Law; Forum

    14. Any dispute regarding these Terms of Use shall be governed by the laws of the State of New York, United States, without regard to its choice of law rules. You hereby consent to the exclusive jurisdiction and venue of the courts in Manhattan, New York, in all disputes arising out of or relating to the use of this Site.

  14. General

    15. We reserve the right, in our sole discretion, to change these Terms of Use at any time without notice. Any changes are effective immediately upon posting to the Site. The date these Terms of Use were last revised is identified at the top of the page. You are responsible for visiting this page to check for any changes. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use.

    Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. These Terms of Use do not amend any other written agreement you may have executed (or may in the future execute) with us, unless the other written agreement specifically refers to these Terms of Use. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

    OrbiMed may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and OrbiMed concerning the subject matter hereof.

  15. Contact Information

    16. If you have any questions relating to, or to report any violation of, these Terms of Use, please contact us at (212) 739-6400.