OrbiMed Website Terms of Use and Disclosures

 
By accessing this website and any materials presented herein (the "Site") via any media or electronic device, including Internet, telephone and wireless devices, you accept in their entirety and without modification the following terms, conditions and disclosures pertaining to the use of the Site (the "Terms of Use"). OrbiMed Advisors LLC and its affiliates (collectively, "OrbiMed" or the "Firm") reserve the right to change these Terms of Use without notice at any time.

Important Disclosures

This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle that may be referenced on the Site. Any such offer can only be made where lawful under and in accordance with applicable law. 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 a fully informed 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.

This Site has been published in the United States for residents of the United States only. This Site is not intended for use by, or to provide any information to, investors outside of the United States, and such investors should not rely on any information or material appearing on the Site. OrbiMed reserves the right 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 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 at any time and without prior notice.

There is no assurance that any securities discussed herein are, or will remain, in an OrbiMed-managed portfolio. Any such securities do not represent an entire fund or portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions OrbiMed makes in the future will be profitable or will equal the investment performance of such securities.

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, 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.

Certain information and performance figures in Mr. Isaly’s biography are derived from a January 9, 2016 Barron’s magazine article entitled “The Market Beaters.”  Commentary contained therein represents the thoughts and opinions of Barron’s as of the date of the article and is limited by the calculation of performance used by Barron’s (as derived from Morningstar, Inc).  The opinions expressed are not necessarily those of OrbiMed or its affiliates.  These opinions are not intended to be a forecast of future events, a guarantee of future results, or investment advice, and OrbiMed does not warrant or guarantee the accuracy or completeness of the information presented therein or therefrom.  

Specific Discolsures to PRC Residents Only

This Site has not been filed with the Ministry of Industry and Information Technology (MIIT) 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. 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.

No Warranty

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, 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.

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 (as defined below) that your computer systems receive as a result of your use of the Site. As used herein, "Virus" means: (i) 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 (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

Limitation of Liability; Indemnification

OrbiMed's liability with respect to the Site is limited to the maximum extent permitted by law. In no event will we, our affiliates or our or our affiliates' members, directors, officers, employees, contractors, agents, advisers 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, computer virus, 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.

You agree to indemnify, defend and hold harmless OrbiMed and its affiliate, 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: your use of the Site; your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights; or 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.

Links to Third-Party Websites

Linked sites, "Hypertext links," and/or "hyperlinks," to or from other Internet sites may be included at times as a convenience to the user. OrbiMed is not responsible for information on any third-party web site that is referred in, accessible, or connected by hyperlink to, the Site. If you access any third-party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with us.

Unlawful or Prohibited Use and Monitoring

As a condition of your use of this Site, you warrant to OrbiMed that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You will be responsible for any 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. We may monitor and record activity on the Site for any reason or for no reason. 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.

Copyrights and Trademarks

The Site is owned by OrbiMed and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, 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. "OrbiMed," "OrbiMed Advisors," "OrbiMed Capital," "OrbiMed Private Investments," "OrbiMed Asia," "OrbiMed Israel," and OrbiMed's 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. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, 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.

Electronic Communication

This Site permits you to communicate electronically by sending an e-mail message to OrbiMed and its employees. 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.

General

Any dispute regarding these Terms of Use shall be governed by the laws of the State of New York, United States. You hereby consent to the exclusive jurisdiction and venue of the courts in New York, New York, in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

Our professional values trump net present values any day. OrbiMed is a collegial culture, working together for over 25 years in a collaborative, diverse, team-oriented environment.