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Bringing Ocular Gene
Therapies to Patients
X-Linked Retinoschisis (XLRS) is a genetic ocular disorder that impairs the vision of males. XLRS is passed genetically to the sons from mothers who are female gene carriers but who themselves never suffer vision symptoms. XLRS is caused by mutations in the human RS1 gene. This gene is responsible for expressing a protein called “retinoschisin” in photoreceptor cells and bipolar cells in the retina. Retinoschisin protein normally maintains proper structure and function of the retina, but in XLRS, distinctive splitting occurs within the layers of the retina, a condition termed “retinoschisis.” The resulting retinal splitting leads to loss of sharp vision. XLRS also causes failure of the photoreceptor output synapses that transmit the visual signals toward the brain. Vision in XLRS cannot be improved with corrective glasses since the problem lies within the sheet of retina vision cells inside the back of the eye.
Infants are born with this vision impairment and are typically diagnosed during early childhood. The vision loss generally becomes worse slowly over a lifetime. Although termed medically as a “rare condition,” XLRS affects approximately 30,000 males in the United States and the European Union. Unfortunately, at present there are no approved specific treatments available for this condition.
Dr. Sieving pioneered the work in gene therapy for XLRS using a minimally invasive intravitreal injection of the therapeutic vector. This was the first ever study for XLRS gene therapy treatment and was initiated at the National Eye Institute, NIH. The trial was paused at NIH for some time due to COVID-19. It is now being continued by VegaVect.
Co-Founder and Head Scientific Advisor
Paul Sieving, MD, PhD, is Professor of Ophthalmology at the UC Davis. He is recognized internationally for his expertise in clinical conditions of genetic retinal and macular degeneration.
Dr. Sieving’s research focuses on working with patients who have genetic retinal diseases and on developing laboratory approaches to repairing injured retinal cells and tissues. He works to understand eye diseases toward developing therapies for inherited retinal dystrophies. He established the Center for Ocular Regenerative Therapy (CORT) at UC Davis Health in 2020. CORT physicians and scientists are developing gene and stem cell therapies for these conditions. He currently is conducting a human gene therapy clinical trial for X-Linked Retinoschisis (XLRS) disease. Dr. Sieving holds elected membership in the National Academy of Medicine USA, in 2006, and in the German Academy of Science in 2013. He has published more than 250 scientific papers and book chapters. He previously was Director of the National Eye Institute at NIH.
Co-Founder and Scientific Advisor
Dr. José-Alain Sahel is Distinguished Professor and Chairman of the Department of Ophthalmology, University of Pittsburgh School of Medicine and Founder of the Institut de la Vision (Sorbonne Université/Inserm/CNRS). He is a clinician-scientist conducting research on vision restoration focusing on cellular and molecular mechanisms underlying retinal degeneration, and development of treatments for currently untreatable retinal diseases. His group (alongside Botond Roska, IOB, Basel and GenSight Biologics, a start-up company he co-founded) has been conducting pioneering research into optogenetic vision restoration and documented for the first time partial visual recovery after optogenetic therapy in a blind patient. He spearheaded a novel gene therapy for Leber Hereditary Optic Neuropathy, a blinding neurodegenerative disease. He lead - alongside Daniel Palanker and Pixium Vision, a start-up company he co-founded - the clinical development of a wireless retinal prosthesis for photovoltaic vision restoration, now in clinical trials for AMD. Sahel’s team deciphered pathways of cones maintenance mediated by the endogenous protein RdCVF and developed RdCVF into a broad gene-independent neuroprotective therapy, now entering into clinical trial (with Sparing Vision, a start-up he co-founded with Thierry Léveillard). Holding a MD from the Paris University Medical School (1980), José Sahel was a research fellow at Massachusetts Eye and Ear Infirmary-Harvard Medical School, Boston, MA and Visiting Scholar at Harvard Biological Laboratories-Harvard University, Cambridge, MA.
Co-Founder and Scientific Advisor
Dr. Leah Byrne is an Assistant Professor in the Department of Ophthalmology at the University of Pittsburgh, with secondary appointments in the Departments of Neurobiology and Bioengineering. Leah's work has focused on developing gene-based approaches, including viral vector-mediated gene delivery and genome editing, to interrogate the biology underlying retinal disease and treat inherited blindness. Prior to working at Pitt, Dr. Byrne attended Hamilton College, Clinton, New York, where she received a BA in Neuroscience. She was then a J. William Fulbright Fellow at Karolinksa Institutet in Stockholm, Sweden. After obtaining her PhD from UC Berkeley, she held the position of Ruth L. Kirschstein NRSA Postdoctoral Fellow and a Ford Foundation Postdoctoral Fellow at the Helen Wills Neuroscience Institute, University of California Berkeley, and the School of Veterinary Medicine, University of Pennsylvania. During this time, she engineered next-generation AAV viruses for gene therapy in the retina, developed high throughput methods for directed evolution of viral vectors, and created therapies for inherited retinal degenerations affecting photoreceptors and RPE.
Chief Executive Officer
Rob Lin, PhD, CFA, currently serves as the CEO of VegaVect, Inc and Avista Therapeutics. He was previously a Vice President in the Translational Sciences group at UPMC Enterprises. While there, he helped to found and served as the founding CEO of BlueSphere Bio and sat on the board of directors of BlueSphere Bio, Code Biotherapeutics, Avista Therapeutics, and VegaVect, Inc. Prior to this, Dr. Lin led the finance and strategy team for the Global Health Program at the Bill & Melinda Gates Foundation. His previous experiences also include stints at Millennium Pharmaceuticals (now Takeda Oncology) and Dean and Company as a strategy consultant. Dr. Lin earned a PhD in Genetics and an MMSc at Harvard University, as well as an MS in Chemical Engineering and a BS in Biological Sciences from Stanford University. He is a CFA Charterholder and previous Term Member of the Council on Foreign Relations (CFR).
Our Approach
VegaVect Therapeutics, Inc. is continuing this original trial and will test whether this approach can halt or reverse vision loss caused by XLRS The VegaVect trial delivers a functional copy of the RS1 gene to the photoreceptor and bipolar cells in the retina, as previous work in preclinical models demonstrated success of this approach in treating the condition effectively. No treatments currently are proven to work, and that is the purpose of this study. The VegaVect gene therapy trial administers the vector via an intravitreal injection, a safe and common procedure for treatments with a variety of ocular diseases.
VEGAVECT INC. PRIVACY POLICY
Last updated: December 12, 2023
This Privacy Policy governs the manner in which VegaVect Inc. (“VegaVect”, “We”, “Our” and “Us”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the website at vegavect.docker.localhost (“Site”). This Privacy Policy applies to the Site.
Personal Information We Collect
We will collect personal information from Users only if they voluntarily submit such information to us. Users may complete one of our online forms on the Site and may be asked to submit the User’s name, telephone number and e-mail address. Users may, however, visit our Site anonymously. Users can always refuse to supply personal information, except that it may prevent them from engaging in certain Site related activities.
Use of Your Personal Information
Personal information that you choose to submit to VegaVect may be used (a) to contact you about promotions or new products, services or events offered by VegaVect and its partners’ and affiliates’; (b) to evaluate and improve VegaVect’s website and business, including enhancing our marketing campaigns and promotions and offering new or customized content; (c) to contact you about updates regarding VegaVect or changes to our services, and to respond to your requests or inquiries; and (d) to create a personal profile that will allow us to manage our relationship with you, provide you with beneficial information, and respond to your future requests and inquiries. In addition, VegaVect may share your personal information with its partners or affiliates to perform joint marketing activities or for our partners to contact you about their services and products.
If a User decides to opt-in to receive communications from us, they will receive emails that may include VegaVect news, updates, resources, related products, events or information. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email and at the bottom of this webpage.
HOW WE SHARE YOUR INFORMATION
• We may share your information with our service providers to maintain, improve, and protect our site. These providers may only use your information to accomplish the purposes described in these terms of use.
• We may share your information with other entities that are subsidiaries of VegaVect.
• We may share your information with our advertising partners in order to display advertisements that we think are relevant to you. While much of the information we share is anonymized, we may permit selected advertising partners to match and re-identify you.
• When you access our site while logged into a social network platform or when you post content from our online services to your social network platform, we may share your information with that platform.
• We may share your information in the course of legal proceedings or in response to legal orders or government requests, and as otherwise required by law.
• We may share your information as needed to support compliance and corporate governance functions.
• We may share your information in connection with a transfer of ownership or assets, a corporate reorganization, merger, or acquisition.
COOKIES
As you browse VegaVect’s Site, “cookies” may be placed on your computer so that we can understand your interests and preferences and enhance your experience. Cookies do not collect information about you. Rather, a cookie may contain limited information, such as the type of browser you are using, your general location, your device’s IP address, the date and time of your visit, your web domain type, and your activity on our website. None of this information in any form or combination will be traced back to you by VegaVect.
VegaVect websites also may use cookies as a security measure to help provide you with a secure online experience. Most browsers allow you to delete, block, or otherwise restrict cookies on your computer. However, this may affect your ability to use the Site. VegaVect may share cookie information with our advertising and marketing partners so that we can present you with relevant advertising on other sites or with marketing information based on your previous interaction with our websites and apps. Our advertising partners, as members of the Network Advertising Initiative (“NAI”), may have their own privacy policies. To remove yourself from some or all NAI member advertising programs, please visit the NAI Opt-Out Page (http://optout.networkadvertising.org) and follow the instructions. Please note that if you delete, block, or otherwise restrict cookies on your computer, or if you use a different computer or internet browser to access the VegaVect website in the future, you may need to renew your NAI opt-out choice.
As you browse the Site, your IP address and/or http requests (URLs) may be used to gather navigation and usage patterns across various browsers and devices. The purpose of such tracking is to help VegaVect understand how its website(s)/app(s) are being accessed and to enhance usability. We may also permit selected marketing partners to match and re-identify you, but only if you have voluntarily provided VegaVect with your email address for the receipt of marketing and related information.
Security
VegaVect maintains commercially reasonable standards of security for the protecting our online services and information. Even so, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. VegaVect is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.
Links to Other Sites
VegaVect’s Site may include links to third-party websites. When you click these links, you are navigating away from the Site. VegaVect is not responsible for the content or privacy practices of third-party websites. If you visit any such third-party website, you are subject to its privacy policies. This Privacy Policy does not apply to any personal information that you provide to third-party websites.
Children’s Privacy
VegaVect is committed to protecting the privacy of children. VegaVect’s Site is not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our websites is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at hassingerje@upmc.edu. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.
Changes to Privacy Policy
We may update this Privacy Policy from time to time in our sole discretion. Any updates to this Privacy Policy will be posted on this webpage with an updated date at the top of this webpage. It is your responsibility to review this Privacy Policy each time you access VegaVect website.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
Unsubscribe / Opt-Out
To no longer receive communications or unsubscribe from VegaVect, please contact hassingerje@upmc.edu.
Questions
If you have any questions regarding this Privacy Policy, please contact VegaVect at:
hassingerje@upmc.edu
VegaVect, Bakery Square, Suite 200, 6425 Penn Avenue, Pittsburgh, PA 15206
TERMS OF USE
VEGAVECT’S WEBSITE TERMS OF USE
Updated as of December 12, 2023
Online Disclaimer
Thank you for your interest in VegaVect Inc. (“VegaVect” or “We”) and for visiting our website at vegavect.docker.localhost (the “Site”). VegaVect is located at Bakery Square, Suite 200, 6425 Penn Avenue, Pittsburgh, PA 15206. These terms of use constitute an agreement between VegaVect and you (“you” or “User”) concerning use of this Site. Please carefully read these terms and conditions.
Note that these terms of use contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Dispute Resolution Section.
By using this Site, you agree to these terms of use and terms incorporated herein by reference. If you do not agree to these terms of use, you may not access or use the Site.
GENERAL WEBSITE DISCLAIMER
• This Site is a general-purpose website that provides information about VegaVect and its partners and other educational resources. It is for educational and information purposes only and does not render medical advice or professional services. VegaVect does not sell or deliver services through the Site. You may not order or contract with VegaVect through the Site. We may revoke your access and use of the Site at any time. The information provided through this Site should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional health care. If you have or suspect you may have a health problem, you should consult your health care provider.
• If you think that you may have a medical emergency, call your doctor or emergency medical services immediately (911) or go to a hospital Emergency Department.
• VegaVect disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of the Site. VegaVect does not warrant or guarantee that the information will not be offensive to you or that it will meet your needs and requirements.
• VegaVect controls the Site from our offices in Pittsburgh, Pennsylvania, USA. You and VegaVect agree that, except as provided in the Dispute Resolution Section below, your access to the Site and these terms of use, and any dispute between you and VegaVect relating to your use of the Site and these terms of use, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of-laws provisions.
• These terms of use, materials referenced in these terms of use, and the content of the VegaVect Site are subject to change at VegaVect’s sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these terms of use each time you access the Site, because you will be bound by any changes made.
PRIVACY POLICY
VegaVect’s Privacy Policy (“Privacy Policy”) explains what information we collect, how we collect information, and why we collect information when you visit or use our Site. It also explains when, why, and with whom we share that information when you use the Site. The term “personal information” used in these terms of use means information about an individual that identifies or describes a natural person.
Our Privacy Statement covers VegaVect, its subsidiaries and any of its/their online services accessible via this Site:
Organization Name: VegaVect Inc.
Address:
Bakery Square, Suite 200, 6425 Penn Avenue, Pittsburgh, PA 15206
• Collection and Use of Personal Information
You can access and browse the Site without disclosing your personal information. We only collect the personal information that you choose to volunteer in connection with requests to receive communication and/or information from VegaVect. You hereby agree to VegaVect’s Privacy Policy – please read our Privacy Policy carefully to understand how we collect and use your information. VegaVect will not be liable for any improper use or disclosure of personal information you choose to provide on the Site that is not caused by VegaVect’s intentional misconduct.
LINKS TO OTHER SITES
The Site may include links to third party Web service providers. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content of linked third-party sites. If you decide to access these linked websites, you do so entirely at your own risk. You agree that VegaVect shall not be responsible for any loss or damage of any kind incurred because of your access or use of these websites. VegaVect does not monitor or review the content of such third-party websites and you acknowledge and agree that We:
SOCIAL MEDIA
COOKIES NOTICE
The Cookies Notice in the paragraphs below describes the various technologies We may use when you access and use our Site. Please read this Cookies Notice carefully, as it describes how we collect and store information, including through cookies, pixel tags, and local objects (collectively referred to in this notice as “Cookies”) on our Site, the reasons we use these Cookies, and how you can disable them. This notice applies to any Site where this notice is placed or that references this notice.
A Cookie is a small text file, including a unique reference code, that is stored in your device by your web browser when you visit or use the Site, and that your browser provides to us each time you return to the Site. Almost every website uses these files. Cookies may store certain information such as your internet protocol (“IP”) address, operating system, device information, browser type and language, referring URLs, access times, pages viewed, links clicked, and other information about your activities or use of the Site. These are used to identify the content you view, the content you provide so that you do not have to re-enter it each time you visit our Site, and your preferences and settings. Cookies also help us provide you with customized content, speed navigation through our Site, allow us to learn about your visit and use of our Site, and to market our products and services to you on our Site and non-VegaVect websites based on your interests and preferences.
There are two kinds of Cookies: session Cookies and persistent Cookies. Session Cookies last for as long as your internet browser is open. Once the browser closes, the session Cookie disappears. Persistent Cookies are stored on your device for longer periods. Both types of Cookies can create an identification that is unique to your device.
We may use two different types of Cookies, depending on how you use the Site. These are called Performance Cookies and Analytics Cookies. We do not use the same Cookies in every online service.
You can manage or disable Cookies at any time by adjusting your browser or device settings. Browsers and devices are different, so refer to the settings menu of your browser or device control settings for instructions on how to change your Cookie preferences. If you choose not to receive Cookies, our Site or portions of our Site may not function properly or be available to you.
To learn more about the use of Cookies by Google for analytics and to exercise choice regarding those Cookies, please visit the Google Analytics Opt-out Browser Add-on. For information about cookies used by other third parties, visit:
Microsoft: privacy.microsoft.com/en-us/privacystatement
Adobe: helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html
New services and specific Cookies may be added from time to time without prior notice to you. Accordingly, this Cookies Notice may be updated and posted online. Any updated Cookie Notice will become effective when posted. Please review this Cookies Notice periodically.
CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. VegaVect’s Site is not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at info@VegaVect.com. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.
SECURITY POLICY
VegaVect maintains commercially reasonable standards of security for the protecting our Site and information. Even so, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. VegaVect is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.
CONTENT REVIEW
VegaVect’s goal is to provide high quality information through the content on our Site. Every effort has been made to provide accurate and timely information that will be useful to its readers.
We define content as all material (text, images, graphics, tables, audio, and visual) and menu icons, bars, listings, indices, as well as functions that support content such as links, navigation, searches, and calculations.
VegaVect uses original, stock, and purchased photography on the online service. The individuals portrayed in the images are models and are not intended to imply endorsement or any association with any illness or condition.
We endeavor to provide accurate and current information that will be useful to the User. However, we don’t offer you any warranty or guarantee related to our Site; we specifically disclaim any warranties, expressed or implied. It is the responsibility of visitors to our Site to evaluate the information we provide and determine its relevancy and usefulness to them.
RESTRICTIONS ON USE
By using our Site, you agree to the following terms of use, which constitute an agreement between VegaVect and you.
VegaVect owns or licenses the information on the Site. The entire contents and design of our Site are protected under U.S. and international copyright laws. You may look at our Site online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.
We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our Site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email info@VegaVect.com.
NOT A SUBSITUTE FOR MEDICAL ADVICE
The contents of the Site (“Content”) are for informational purposes only and do not render medical advice or professional services unless we otherwise indicate. The information provided through our Site should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on VegaVect’s Site.
VegaVect disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the Site. VegaVect does not warrant or guarantee that the information will not be offensive to any User. User is hereby put on notice that by accessing and using the Site, user assumes the risk that the information and documentation contained in the Site may be offensive and/or may not meet the needs and requirements of the User.
If you think you may have a medical emergency, call your doctor or emergency medical services immediately.
CONTACT
Should you have any questions regarding these terms of use, the Privacy Statement, Cookies, or the collection, retention, or management of any information on this online service, please send an email to hassingerje@upmc.edu.
SUSPENSION AND TERMINATION
VegaVect may suspend or terminate your access to the Site at any time, for any reason or for no reason at all. VegaVect has the right (but not the obligation) to refuse to provide access to the Site to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. VegaVect reserves the right to change, suspend, or discontinue all or part of the Site, temporarily or permanently, without prior notice.
INTERNATIONAL USE
VegaVect’s Site is designed for and intended for users in the United States of America only. VegaVect and its affiliates make no representations that the Site is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content on the Site is illegal is prohibited. If you choose to access or use the Site from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.
INTELLECTUAL PROPERTY
All text, images, information, video, data, music, trademarks, trade names, trade dress, service marks, logos, layout, and other content displayed on the Site, as well as all underlying code and software, are owned and/or licensed by VegaVect and are subject to and protected by all applicable U.S. copyright, competition, trademark, and other laws and regulations. Nothing contained on the Site is a license or right to use any element of the Site without the express written permission of VegaVect and/or the applicable third-party owner.
WARRANTY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, VEGAVECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, VEGAVECT DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED WITH THE SITE WILL BE CORRECTED.
VEGAVECT IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEGAVECT OR ITS AFFILIATES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SITE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, VEGAVECT CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXENT PERMITTED BY LAW, YOU AGREE THAT VEGAVECT, VEGAVECT AFFILIATE(S), ANY VEGAVECT LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEFES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE SITE.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE SITE THAT RESULT FROM ANY ACT OR OMISSION OF VEGAVECT, VEGAVECT AFFILIATES, ANY VEGAVECT LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF VEGAVECT, VEGAVECT AFFILIATES, ANY VEGAVECT LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES SHALL VEGAVECT, VEGAVECT AFFILIATE(S), ANY VEGAVECT LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTNET, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KID INCURRED AS A RESULT OF THE USE OF THE SITE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH VEGAVECT ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VEGAVECT.
1. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the Site or to these terms of use. This Section does not apply to any of the following types of claims:
(i) claims by employees of VegaVect entities related to the terms or conditions of their employment; (ii) claims by, or on behalf of, VegaVect patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any VegaVect facility or by a VegaVect provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
1. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and VegaVect agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and VegaVect agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.
1. Agreement to Arbitrate Claims; Waiver of Jury Trial
By agreeing to these terms of use, both you and VegaVect are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the Site or these terms of use, you and VegaVect agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.
In addition, you and VegaVect agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to VegaVect shall be sent by certified mail or courier to Bakery Square, Suite 200, 6425 Penn Avenue, Pittsburgh, PA 15206. Your notice must include: (i) your name, street address, telephone number, the email address you use or used, and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. VegaVect will send notice to your last known street and email addresses on file, if any. Any VegaVect notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.
If you and VegaVect cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or VegaVect may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.
1. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
1. Arbitration Administration and Certain Procedures
You and VegaVect agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules- comprehensive-arbitration/.
The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.
You and VegaVect waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the JAMS roster of arbitrators. If you and VegaVect are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
The arbitrator may award declaratory or injunctive relief only in favor of you or VegaVect and only to the extent necessary to provide the relief warranted by your or VegaVect’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or VegaVect.
These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
You have the right at your own expense to be represented by an attorney of your own choosing. VegaVect, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, VegaVect will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse VegaVect for all costs and fees associated with the arbitration that VegaVect paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.