Terms of Use

Effective December 18, 2019

Introduction

Welcome to the Concert Pharmaceuticals, Inc. (“Concert”) website. We refer to this website together with all other websites owned and controlled by Concert as “this website.” Concert created and maintains this website to provide information to and communicate better with physicians, patients, investors and others who may be interested in learning more about Concert, its product candidates and programs. You may use this website, provided you comply with these terms and conditions.

In addition to these terms and conditions, you should also read and be aware of the provisions of our Privacy Policy, which discloses Concert’s practices regarding the collection and use of your personal information, and other policies that govern other parts of this website.

Forward-Looking Statements

All statements and expressions expressed on this website are the sole opinion of Concert and are subject to change without notice. Concert is not liable for any investment decisions by its readers or subscribers. It is strongly recommended that any decision regarding the purchase or sale of Concert securities be discussed with a financial advisor. The information contained in this website has been provided as an information service only. The accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained. Investors are cautioned that they may lose all or a portion of their investment in Concert or any other company. Past performance is not necessarily indicative of future results. This website and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities, and none of the information contained herein is intended to be and shall not be deemed to be, incorporated into any of our securities filings or documents.

This website contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that involve substantial risks and uncertainties. All statements, other than statements of historical facts, contained on this website, including statements regarding our strategy, research and clinical development plans, future operations, future financial position, future revenues, projected costs, prospects, plans and objectives of management, are forward-looking statements. The words “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “should,” “target,” “will,” “would” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words.

We may not actually achieve the plans, intentions or expectations disclosed in our forward-looking statements, and you should not place undue reliance on our forward-looking statements. Actual results or events could differ materially from the plans, intentions and expectations disclosed in these forward-looking statements as a result of various important factors, including risks related to Concert’s ability to: advance the development of its programs under the timelines it projects in current and future clinical trials; obtain and maintain patent protection for its drug candidates and the freedom to operate under third-party intellectual property; demonstrate in any current and future clinical trials the requisite safety and efficacy of its drug candidates; replicate scientific and non-clinical data in clinical trials; obtain and maintain necessary regulatory approvals; identify, enter into and maintain collaboration agreements with third parties; manage competition; manage expenses; raise the substantial additional capital needed to achieve its business objectives; attract and retain qualified personnel; successfully execute on our business strategies; and any other risks discussed in the Risk Factors sections of our periodic reports filed with the Securities and Exchange Commission. These periodic reports are available on this website and at www.sec.gov. We expressly disclaim any obligation to update any forward-looking statements, whether because of new information, future events or otherwise.

Links

This website may contain links to websites operated by other parties. The linked websites are not under the control of Concert, and Concert is not responsible for the content available on any other websites linked to this website. Such links do not imply Concert’s endorsement of material on any other website, and Concert disclaims all liability with regard to your access to such linked websites. Concert provides links to other websites as a convenience to users, and access to any other websites linked to this website is at your own risk.

Limitation of Liability and Disclaimer of Warranties

Your use of this website and the materials is at your own risk. Changes can and will be made to this website and materials and at any time. It is your responsibility to monitor such changes.

Although Concert attempts to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date or contain typographical errors. Concert expressly disclaims any duty to update information contained in this website, and Concert will not be liable for any failure to update or revise such information, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

Concert makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Concert does not warrant that the website will operate error-free or that this website and its server are free of computer viruses and other harmful goods. If your use of this website results in the need for servicing or replacing equipment or data, Concert is not responsible for those costs.

THIS WEBSITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. CONCERT AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. CONCERT AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above exclusion may not apply to you.

IN NO EVENT SHALL CONCERT, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS AFFILIATES, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS WEBSITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE AND THE MATERIALS OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONCERT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONCERT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Intellectual Property

This website, and the information which it contains, is the property of Concert 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 Concert except as otherwise noted. 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 download material from this website solely for your own informational, personal and non-commercial use. No copyright notices, other intellectual property or legal notices, or other identifying information may be removed from downloaded materials. You may not download material from this website for any other purpose without our prior written consent.

No Medical Advice

This website does not provide medical advice. This website is intended for educational purposes only and is not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

Indemnification

You agree to defend, indemnify and hold harmless Concert from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions or your access to, use or misuse of this website or the materials. Concert shall provide notice to you of any such claim, suit or proceeding. Concert reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Concert’s defense of such matter.

Governing Law

These terms and conditions and your use of this website shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any legal action or proceeding based on, arising out of or related to these terms and conditions or your use of this website (including any information it contains) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts, and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Miscellaneous

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure of Concert to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these terms and conditions. No waiver shall be effective against Concert unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Concert and you, these terms and conditions (together with the Privacy Policy) constitute the entire agreement between you and Concert with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These terms and conditions will inure to the benefit of our successors, assigns, licensees and sublicensees.

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing and using this website, you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website.

These Terms and Conditions May Change

Concert reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, Concert encourages you to review these terms and conditions every time you use this website.

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