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Terms and Conditions of Website Use

Effective Date: April 8, 2019.

Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this website or its subdomains (this “Website”). Your use of this Website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use. If you do not agree to these Terms of Use, you should exit this Website now.

Click on the links below to jump to sections of the Terms of Use:

General

This Website is provided by Vertex for the convenience of visitors to our Website to provide general information about Vertex, our products and our product candidates. Nothing on this Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of this site is at your own risk. Notwithstanding any other provision herein, Vertex reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law. Further, Vertex may suspend, discontinue or modify the Website at any time for any reason, without notice or any other obligation to you.

Dated Information

While Vertex may periodically update or correct information presented on this Website, the information presented on this Website may include typographical errors and/or technical inaccuracies and/or omissions. Vertex makes no representation or warranty as to the accuracy of any information at this Website and expressly disclaims any obligation to update such information. Vertex also reserves the right to make additions, deletions or modifications to any information on the Website at any time and from time to time without any prior notice.

Forward-Looking Statements

This Website contains a number of forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding: information pertaining to our medicines and the ongoing discovery, development and commercialization of our product candidates; our expectations regarding clinical trials, development timelines and discussions with regulatory authorities related to drug candidates under development by us and our collaborators; our expectations about the number of patients that will be evaluated, the anticipated date by which enrollment will be completed and the data that will be generated by ongoing and planned clinical trials, and the ability to use that data for the design and initiation of further clinical trials; our expectations regarding the scope and timing of ongoing and potential future clinical trials; and our strategy, future operations, future financial position, future revenue, projected costs, prospects, plans and objectives. Without limiting the foregoing, the words “believes,” “anticipates,” “plans,” “expects” and similar expressions are intended to identify forward-looking statements. While we believe the forward-looking statements contained in this Website are accurate, there are a number of factors that could cause actual events or results to differ materially from those indicated by such forward-looking statements. Those risks and uncertainties include, among other things, that the outcomes for each of our planned clinical trials and studies may not be favorable, that one or more of our internal or external drug development programs will not proceed as planned for technical, scientific or commercial reasons, that future competitive or other market factors may adversely affect the commercial potential for our medicines and/or drug candidates, and other risks listed under Risk Factors in Vertex’s most recent annual report on Form 10-K and subsequent reports filed with the Securities and Exchange Commission, all of which are and available through this Website 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 Vertex’s securities-related filings or statements. We disclaim any obligation to update any forward-looking statements contained on this Website as a result of new information, developments occurring after the date such statement was first made or otherwise.

Copyright and Trademarks

This Website, and the information which it contains, is the property of Vertex 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 Vertex except as otherwise noted. In particular, Kalydeco, the Kalydeco logo, Orkambi, the Orkambi logo, Vertex and the Vertex logo are registered trademarks of Vertex Pharmaceuticals Incorporated. Symdeko and the Symdeko logo are trademarks of Vertex Pharmaceuticals Incorporated. All other trademarks referenced herein are the properties of their respective owners. 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.

You may not access, monitor or copy any content or information on the Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you to view, copy, download and print Vertex documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on the Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents.

Your Use of the Website

You represent, warrant and covenant that you shall use the Website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on the Website. You may not violate the security of the Website or attempt to gain unauthorized access to the Website or computer systems or networks connected to the Website 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 Vertex and destroy all copies of such information in your possession.

Submission of Information

You are solely responsible for any information you send to Vertex, including without limitation accuracy, truthfulness and non-infringement or other violation of any other person's legal rights. Any communication or material that you transmit to our Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. Vertex may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Vertex is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us, whether through our Website, phone, e-mail or otherwise, for any purpose.

Privacy

If you submit any information (including personal information) at this Website, such information will be subject to the Vertex privacy policy, which is at available at https://www.vrtx.com/english-privacy-us-residents. The sender of any information to Vertex is solely responsible for its content, including, without limitation, its accuracy, truthfulness and non-infringement of any other person's legal rights.

Disclaimer

Any medical information contained on this Website is general in nature and for informational purposes only. We do not offer medical diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. You should not use the information contained herein for diagnosing a health problem or disease; Vertex makes no representations or warranties as to its accuracy. Persons requiring diagnosis or treatment or with questions specific to a single individual are urged to contact their healthcare provider.

Your use of this Website and any linked websites is at your own risk. Neither Vertex nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, indirect, incidental or consequential damages arising out of your access to, or use of, this Website or any linked website. This includes damage due to viruses or other harmful or malicious code that may infect your computer equipment. 

WITHOUT LIMITING THE FOREGOING, EVERYTHING AT THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION VERTEX DOES NOT WARRANT THAT: (A) THE MATERIALS, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; OR (C) THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VERTEX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO VERTEX THROUGH THE WEBSITE (OR THE CONTACT INFORMATION ON THE WEBSITE) WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Some jurisdictions do not allow the exclusion of implied warranties; therefore the above exclusion may not apply to you.

VERTEX’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE SHALL NOT EXCEED $1.00.

Because some jurisdictions do not permit certain limitations or disclaimers of liability, some of the above limitations may not apply to you.

Links to Other Websites

This Website contains links to websites maintained by other companies. Vertex is providing these links to you only as a convenience. Vertex has not reviewed all of the websites that may be linked from this Website and is not responsible for the context of such other websites linked from the Website. The inclusion of any such link to another website does not imply that Vertex endorses any third-party website or third-party company or product. Vertex does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites. Use of any such linked website is at your own risk and is subject to the terms of use of that website.

Links to This Website

Links to any document published by Vertex on this Website should be made to the home page only, without deleting any frames, or our URL address.

Applicable Law

This Website can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Massachusetts, where Vertex is located. By accessing this Website you and Vertex agree that the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this Website or any information it contains. With respect to such disputes, you and Vertex also agree and hereby submit to the exclusive personal jurisdiction and venue of any court located in Boston, Massachusetts.

Changes to This Notice

Vertex may revise these terms at any time without prior notice, which shall be effected by posting of the updated Terms of Use to this Website; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via click-through, signed agreement or otherwise. You should visit this page each time you access this Website to review the then-current conditions applicable to your use of this Website.

Miscellaneous

We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Additional Information

If you have any questions about these Terms of Use, please contact us at: Vertex Pharmaceuticals Incorporated, 50 Northern Avenue Boston, MA 02210 or via www.vrtx.com/we-are-vertex/contact-us