TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Copyright and Trademark Information

Copyright © 2012 AVEO Pharmaceuticals, Inc. All rights reserved.

This web site, and the information which it contains, is the property of AVEO Pharmaceuticals, Inc. (“AVEO”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “AVEO” and AVEO Oncology are registered trademarks of AVEO under the applicable laws of the United States and other countries.

All registered and unregistered trademarks, including product names, are property of their respective owners.

Use of AVEO Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by AVEO. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. The information on this web site is believed to be complete and reliable; however, the information may contain inaccuracies, omissions or typographical errors. AVEO expressly disclaims any obligation or duty to update or correct information contained in this web site.  The information on this web site is provided with the understanding that AVEO and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

AVEO may suspend or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. AVEO reserves the right to make changes to document names and content, specifications, or other information on the web site without obligation to notify any person of such changes.

No part of this web site 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 AVEO authorizes you to view, copy, download, and print AVEO documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

1.The documents may be used solely for noncommercial, informational purposes.

2.The documents may not be modified.

3.Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of AVEO or such third party that may own the trademark or copyright of material displayed on this web site.

Medical Information

This web site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. AVEO is not engaged in rendering medical or similar professional services or advice via this web site, and the information provided is not intended to replace medical advice offered by a physician. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting AVEO’s copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

AVEO’s agent for copyright issues relating to this web site is as follows:

Gary Creason

AVEO Pharmaceuticals, Inc.

T: 617-299-6979

F: 617-995-4995

gcreason@aveooncology.com

In an effort to protect the rights of copyright owners, AVEO maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

Availability of Products Mentioned

Information that AVEO publishes on this web site may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that AVEO intends to announce or make available such products or services to the general public, or in your country.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, AVEO DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Descriptions and specifications are subject to change. AVEO periodically adds or updates the information and documents on this web site without notice.

It is the user’s responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AVEO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF AVEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Web Sites

This web site may contain links to non-AVEO web sites. These links are provided to you as a convenience, and AVEO is not responsible for the content of any linked web site. Any outside web site accessed from the AVEO web site is independent from AVEO, and AVEO has no control over the content or accuracy of that web site. In addition, a link to any non-AVEO web site does not imply that AVEO endorses or accepts any responsibility for the content or use of such a web site.

Linking to this Web Site

Unless otherwise set forth in a written agreement between you and AVEO, you must adhere to AVEO’s linking policy as follows: (i) any link to this web site must be a text only link clearly marked “AVEO WEB SITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AVEO’s names and trademarks, (iii) the link must “point” to www.aveooncology.com and not to other pages within this web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with AVEO, (v) when selected by a user, the link must display this web site on full-screen and not within a “frame” on the linking web site, and (vi) AVEO reserves the right to revoke its consent to the link at any time and in its sole discretion.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AVEO of that third party or of any product or service provided by a third party, including the opinions or predictions of financial analysts regarding AVEO or its securities.

Stock Price Disclaimer

The stock price performance shown on stock quotes available on or through this web site are not necessarily indicative of future price performance. All content is for informational purposes only and no content (including without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. AVEO will not be responsible for any trading or investment decisions made based on such content.  Neither this web site nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of AVEO.

Securities Laws

This web site may include forward looking statements that involve risks and uncertainties concerning AVEO’s operations, prospects, strategies, financial condition, future economic performance, the regulatory approval or non-approval of AVEO’s products, and demand for AVEO’s products or services, as well as its intentions, plans and objectives that are beyond its control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond AVEO’s control. When used on this web site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of AVEO’s securities filings or documents. AVEO wishes to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in AVEO’s filings with the Securities and Exchange Commission.

Jurisdictional Issues

AVEO makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to AVEO and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to AVEO through this web site is the exclusive property of AVEO. AVEO is entitled to use any information submitted for any purpose, without restriction (except as stated in AVEO’s Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to AVEO and accepts responsibility for its accuracy, appropriateness, and legality.

You agree that by submitting content:

  • that, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; and
  • you understand and agree that such content that is submitted will be deemed non-confidential.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, AVEO shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. AVEO may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by AVEO, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact AVEO’s Legal Department.

Copyright © 2012, AVEO Pharmaceuticals, Inc. All Rights Reserved.