Terms and Conditions of Website Use

Please read these terms and conditions of website use (the “Terms of Use”) carefully before accessing this website. Your use of this website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use.

These Terms of Use create a legal agreement between you (“You”) and NGM Biopharmaceuticals, Inc. (“NGM Bio”) that governs: (1) the information (the “Information”) made available through this website; (2) the nature of the relationship between You and NGM Bio; (3) NGM Bio’s use of Your information gathered by it through this website; and (4) Your use of this website, related systems, and the Information (collectively, the “Site”). By accessing any portion of the Site, You are indicating that You have read and understood, and that You consent to be bound by, these Terms of Use, which may be amended from time to time by NGM Bio. If You do not agree to these Terms of Use, You are not permitted to access the Site. 

General Terms of Use

This Site is provided by NGM Bio for general informational and educational purposes only and is subject to these Terms of Use. Nothing on this Site should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. NGM Bio may suspend, discontinue or modify the Site at any time for any reason, without notice or any other obligation to You.

Disclaimers

NGM Bio makes no representation or warranty as to the accuracy, currency or completeness of any Information at this Site and expressly disclaims any obligation to update such Information. NGM Bio also reserves the right to make additions, deletions or modifications to any Information on the Site at any time and from time to time without any prior notice. The Information presented on this Site may include typographical errors, technical inaccuracies and/or omissions. You agree that access to and use of this Site and the content thereof is at Your own risk. The Site is provided to You “as-is.”

Neither NGM Bio nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, Your computer equipment.

TO THE EXTENT PERMITTED BY LAW, NGM BIO DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
TO THE EXTENT PERMITTED BY LAW, NGM BIO DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE.

Forward-Looking Statements

This Site contains forward-looking statements about NGM Bio’s business plans and prospects and products in development that involve substantial risks and uncertainties. Words such as “will,” “may,” “believed,” “designed,” “suggesting,” “suggest,” “look forward,” “potentially,” “potential,” “promise,” “goal,” “planned,” “aspire” and similar expressions (as well as other words or expressions referencing future events, conditions or circumstances) are intended to identify forward-looking statements. Because such statements deal with future events and are based on NGM Bio’s current expectations, they are subject to various risks and uncertainties, and actual results, performance or achievements of NGM Bio could differ materially from those described in or implied by the statements on this Site. These forward-looking statements are subject to risks and uncertainties, including, without limitation, risks and uncertainties associated with the costly and time-consuming pharmaceutical product development process and the uncertainty of clinical success, including risks related to failure or delays in successfully initiating, enrolling, reporting data from or completing clinical studies, as well as the risks that results obtained in clinical trials to date may not be indicative of results obtained in ongoing or future trials and that NGM Bio’s product candidates may otherwise not be tolerable and effective treatments in their planned indications; the ongoing COVID-19 pandemic, which has adversely affected, and could materially and adversely affect in the future, NGM Bio’s business and operations, including NGM Bio’s ability to timely supply, initiate, enroll and complete its ongoing and future clinical trials; the time-consuming and uncertain regulatory approval process; NGM Bio’s reliance on third-party manufacturers and the risks inherent in manufacturing and testing pharmaceutical products; the sufficiency of NGM Bio’s cash resources, including to fund its wholly-owned programs and NGM Bio’s need for additional capital; and other risks and uncertainties affecting NGM Bio and its development programs, including those discussed in NGM Bio’s most recent annual report on Form 10-K and subsequent reports filed with the Securities and Exchange Commission, which are available through this Site and at www.sec.gov. None of the Information contained herein is intended to be, and shall not be deemed to be, incorporated into any of NGM Bio’s securities-related filings or statements. NGM Bio assumes no obligation to update any forward-looking statements contained on this Site as a result of new information or future events or developments.

Copyright and Trademarks

This Site, including the Information, is protected by United States and international copyright laws. All rights are reserved. The marks and logos displayed on this Site are marks of NGM Bio except as otherwise noted. Subject to the terms of these Terms of Use, NGM Bio grants to You a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way, and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. Nothing on this Site should be construed to grant any license or right in or to any marks, logos or other intellectual property rights. You may not access, monitor or copy any content or Information on the Site using any robot, spider, scraper, web crawler or other automated means or any similar manual process. You are free to hyperlink to any page in the publicly available pages of the Site; provided, however, that You agree to remove any such hyperlink upon NGM Bio’s written request.

Your Use of the Website

You represent, warrant and covenant that You shall use the Site only as set forth in these Terms of Use. You will not use the Site in violation of any applicable law. Without limiting the foregoing, You will not use the Site in connection with (a) the infringement of intellectual property rights including NGM’ Bios rights in its marks, Information and publications; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site or computer systems or networks connected to the Site through any means. In the event You gain access to information or materials not intended to be accessed by You, You agree that You will immediately notify NGM Bio and destroy all copies of such information in Your possession.

Subject to NGM Bio’s Website Privacy Policy which is at available at ngmbio.com/privacy-policy-notice, You may send electronic mail to those addresses made available on the Site for the purposes of requesting alerts or other news notification services, responding to or making inquiries regarding NGM Bio events, requesting information regarding NGM Bio, and inquiring about employment opportunities. You agree to cease sending electronic mail to any NGM Bio address upon NGM Bio’s request.

Submission of Information

You are solely responsible for any information You send to NGM Bio, including without limitation accuracy, truthfulness and non-infringement or other violation of any other person’s privacy or other legal rights. Such information shall be treated as non-confidential, and NGM Bio may use such information, without payment of compensation to You, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, further posting, or for any other purpose.

Third-Party Information

NGM Bio may hyperlink to or otherwise make third-party information available on the Site. This is done solely for the purposes of convenience. The inclusion of any such hyperlink or information does not imply that NGM Bio endorses or approves of any such third-party information, of such third parties or any of their products. NGM Bio is not responsible for the content of such third-party websites and assumes no responsibility whatsoever for the accuracy or functionality of such websites, and the use of any such linked website is at Your own risk and is subject to the terms of use of that website.

Privacy

If You submit any information to this Site, such information will be subject to NGM Bio’s Website Privacy Policy, which is at available at Privacy Policy. You are solely responsible for the content of any information that You submit, including, without limitation, its accuracy, truthfulness and non-infringement of any other person’s privacy or other legal rights.

Applicable Law

You agree that any dispute arising out of or in connection with the Site or these Terms of Use will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.

Changes to the Terms of Use

NGM Bio may revise these Terms of Use at any time without prior notice, effective upon posting of the updated Terms of Use to this Site. You should visit this page each time You access this Site to review the then-current conditions applicable to Your use of this Site.

Additional Information

Questions about these Terms of Use may be directed to webmaster@ngmbio.com.