Terms and Conditions

Welcome to the EyePoint Pharmaceuticals website. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms and Conditions carefully before accessing or using this website.

General Use of Site

Use of the EyePoint corporate website (the Site) is subject to the following terms and conditions, which may be changed by EyePoint from time to time. Users are responsible for regularly reviewing these terms and conditions. Continued use of this Site following any such changes shall constitute an acceptance of the new terms and conditions.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS AND CONDITIONS.

Trademark and Copyright

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of EyePoint, its affiliates, related companies, or its licensors or partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the laws of slander and libel, the laws of privacy and publicity, and communications regulations and statutes. Please be advised that EyePoint actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The entire contents of this Site are subject to copyright protection. The contents of this Site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text, or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, or documents, without the express written consent of EyePoint. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of EyePoint or any third party.

Links to Other Sites and Services

This Site contains links to other websites that are not owned or operated by us. We do not warrant, represent, or assume any responsibility or liability for the operation or security of any such third-party sites, or for the accuracy or completeness of the information, software, or other materials on such sites or any other sites for which links are provided in such linked sites. Links to third-party sites on this Site are not referrals or endorsements by us of such linked sites. We recommend that you familiarize yourself with the notices and legal and other terms and conditions of such third-party linked sites.

Indemnification

You agree to indemnify, defend, and hold harmless EyePoint, its officers, directors, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions.

Medical Information

This 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. Patients should not use the information contained herein for diagnosing a health problem or disease. Patients should always consult with a doctor or other healthcare professional for medical advice or information about diagnosis and treatment. Non-Confidential Information. Any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential, and EyePoint shall have no obligation of any kind with respect to such information.

Forward-Looking Statements

SAFE HARBOR STATEMENTS UNDER THE PRIVATE SECURITIES LITIGATION ACT OF 1995: To the extent any statements made on this website deals with information that is not historical, these are forward-looking statements under the Private Securities Litigation Reform Act of 1995. Such statements include, but are not limited to, statements regarding the anticipated use of proceeds for the proposed offering and other statements identified by words such as “will,” “potential,” “could,” “can,” “believe,” “intends,” “continue,” “plans,” “expects,” “anticipates,” “estimates,” “may,” other words of similar meaning or the use of future dates. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. Uncertainties and risks may cause EyePoint’s actual results to be materially different than those expressed in or implied by EyePoint’s forward-looking statements. For EyePoint, this includes the continued impact of the COVID-19 pandemic on EyePoint’s business, the medical community and the global economy and the impact of general business and economic conditions, our expectations regarding the timing and clinical development of our product candidates, including EYP-1901; and the potential for EYP-1901 as a novel twice-yearly treatment for serious eye diseases, including wet age-related macular degeneration, diabetic retinopathy and retinal vein occlusion; the effectiveness and timeliness of clinical trials, and the usefulness of the data; the timeliness of regulatory approvals; our ability to achieve profitable operations and access to needed capital; fluctuations in our operating results; our ability to successfully produce sufficient commercial quantities of our YUTIQ^® and DEXYCU^® products in the U.S.; our ability to sustain and enhance an effective commercial infrastructure and enter into and maintain commercial agreements for YUTIQ and DEXYCU; the development of our YUTIQ product line extension shorter-duration treatment for non-infectious uveitis affecting the posterior segment of the eye; the success of current and future license agreements, including our agreements with Ocumension Therapeutics and Equinox Science; termination or breach of current license agreements, including our agreements with Ocumension Therapeutics and Equinox Science; our dependence on contract research organizations, co-promotion partners, and other outside vendors and service providers; effects of competition and other developments affecting sales of products; market acceptance of products; effects of guidelines, recommendations and studies; protection of intellectual property and avoiding intellectual property infringement; retention of key personnel; product liability; industry consolidation; compliance with environmental laws; manufacturing risks; risks and costs of international business operations; volatility of stock price; possible dilution; absence of dividends; and other factors described in our filings with the Securities and Exchange Commission. We cannot guarantee that the results and other expectations expressed, anticipated or implied in any forward-looking statement will be realized. A variety of factors, including these risks, could cause our actual results and other expectations to differ materially from the anticipated results or other expectations expressed, anticipated or implied in our forward-looking statements. Should known or unknown risks materialize, or should underlying assumptions prove inaccurate, actual results could differ materially from past results and those anticipated, estimated or projected in the forward-looking statements. You should bear this in mind as you consider any forward-looking statements. Our forward-looking statements speak only as of the dates on which they are made. We do not undertake any obligation to publicly update or revise our forward-looking statements even if experience or future changes makes it clear that any projected results expressed or implied in such statements will not be realized.

Security and Compliance with Laws

Users may only use this Site for lawful purposes, and only in their own name. Any violation or attempted violation of the security of this Site, or interference or attempted interference with the proper operation of this Site is expressly forbidden.

Disclaimer

THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAWS. IN ADDITION, WE DO NOT WARRANT THAT YOUR USE OF, OR THE OPERATION OR FUNCTION OF, THIS SITE OR ANY LINKED SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE OR ANY LINKED SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION (INCLUDING STOCK QUOTES) IS PROVIDED BY OR UPDATED FROM SOURCES OTHER THAN US AND EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RESULTING FROM ANY USE OF OR RELIANCE ON, THE MATERIALS PROVIDED IN THIS SITE OR ANY LINKED SITE, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.

We reserve the right to correct any errors, omissions, and any other inaccuracies, and to update or change information at any time without prior notice. This Site is operated by EyePoint from its offices in Watertown, Massachusetts, and these terms and conditions are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions.