Terms of Service

Last Updated: March 04, 2025

Third Arc Bio, Inc. (“Third Arc Bio,” “we,” “us,” or “our”) provides and makes available the website located at https://thirdarcbio.com/ and its subdomains (the “Website”). All use of the Website is subject to the terms and conditions contained in these Terms of Service (the “Agreement”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHALL NOT, AND ARE NOT PERMITTED TO, ACCESS, BROWSE, OR USE THE WEBSITE.

You understand and agree that we may change this Agreement, impose new conditions for use of the Website, or restrict access to some parts of this Website at any time without prior notice. The revised terms and conditions will become effective upon notice to you, which may be given by any means, including, without limitation, by posting the modified terms on the Website. Your use of the Website in any way after such notification constitutes your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, or otherwise using the Website.

Your access to and use of the Website is also subject to acceptance of our Privacy Policy.

Nothing on the Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. The information provided on the Website is for general information and educational purposes only and is subject to this Agreement. Your use of this Website is at your own risk.

1. Medical Disclaimers

Medical Information/Conditions. Medical Information/Conditions. THIRD ARC BIO IS NOT ENGAGED IN RENDERING MEDICAL, HEALTHCARE, OR OTHER PROFESSIONAL ADVICE. ANY INFORMATION POSTED ON THIS WEBSITE RELATED TO MEDICAL AND HEALTH-RELATED TOPICS, SUCH AS CONDITIONS AND THEIR TREATMENT OR PRODUCT DATA, IS INTENDED ONLY FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DESCRIBE OR MAKE CLAIMS ABOUT THE SAFETY OR EFFICACY OF ANY PRODUCT. SHOULD YOU HAVE A MEDICAL CONDITION THAT MAY REQUIRE TREATMENT, OR IF YOU HAVE ANY SPECIFIC MEDICAL QUESTIONS, PROMPTLY CONSULT A LICENSED AND QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NOTHING ON THIS WEBSITE IS INTENDED TO ACT AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A QUALIFIED AND LICENSED PHYSICIAN OR OTHER HEALTHCARE PROVIDER. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911, OR YOUR LOCAL EMERGENCY HELP LINE AND SEEK EMERGENCY TREATMENT IMMEDIATELY. DO NOT USE THIS INFORMATION FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE. WE DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT FROM THIS WEBSITE.

ALWAYS SEEK THE ADVICE OF A LICENSED AND QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE STARTING OR CHANGING ANY MEDICAL TREATMENT, DRUG THERAPY, OR HEALTHCARE ACTIVITIES OR WITH ANY QUESTION THAT YOU MAY HAVE ABOUT A MEDICAL CONDITION.

2. Use of the Website

License. Subject to this Agreement, Third Arc Bio grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.

Content. This Website contains material, including but not limited to software, text, graphics and images (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with one or more third parties. The Content and the structure, code, and organization of this Website are protected by United States and foreign copyright and other intellectual property laws. Unauthorized use of any Content or the Website may violate copyright, trademark, or other laws. You have no rights in or to any Content. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, rent, lease, transfer, assign, license, sublicense, modify, reproduce, publicly display, publicly perform, make a derivative work of, distribute, or otherwise commercially exploit or use any Content or the Website in any way for any purpose, including without limitation any public or commercial purpose, that is not expressly permitted in this Agreement. The use or posting of any Content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any part of this Agreement, your right to access and/or use any Content and the Website shall automatically terminate, and you shall immediately destroy any copies you have made of any Content.

Trademarks. The trademarks, service marks, and logos that are used and displayed on this Website, including, without limitation, all such marks and logos referencing Third Arc Bio, are registered and unregistered trademarks or service marks of Third Arc Bio and its third-party suppliers (the “Trademarks”). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of Third Arc Bio or its third-party suppliers specific for each such use. The Trademarks may not be used to disparage Third Arc Bio or the applicable third party, Third Arc Bio’s or the third party’s products or services, or in any manner (in our, or the third-party supplier’s discretion) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Third Arc Bio’s prior written consent. All goodwill generated from the use of any Third Arc Bio Trademark shall inure to Third Arc Bio’s benefit. All rights are reserved by the owners of each Trademark, except as otherwise described in this Agreement.

Certain Prohibitions. You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (c) attempt to decipher, decompile, disassemble, or reverse engineer the Website or any of the software comprising or making up the Website; (d) access the Website in order to build a similar or competitive website, product, or service; (e) delete or alter any Content posted on the Website by Third Arc Bio or any other person or entity; (f) frame or link to any of the materials or information available on the Website; or (g) distribute any virus, Trojan horse, disabling device, time bomb, or other code that may impact the operation of the Website, or use the Website to distribute any of the foregoing.

Third-Party Links. The Website may contain links and/or references to third-party websites and/or services (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by parties other than Third Arc Bio and is not reviewed, approved, monitored, warranted, or represented by Third Arc Bio. We cannot control and are not responsible for the content of any External Site and do not make any representation regarding the content or accuracy of any materials on any such External Site. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. If you decide to access any External Site, you do so at your own risk.

Links to Us. Links to the Website or any document published by us on this Website must be: (a) made to the home page only, without deleting any frames or our URL address, or using and framing devices; (b) a text-only link clearly marked “Third Arc Bio”; and (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with our Trademarks or create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us. We reserve the right to

Our Social Media. We may use social media accounts from time to time. If you use any social media to communicate with us, please be aware that the terms and privacy policies of the applicable social media platform will govern those communications with us. Information that you make available on a social media platform may be made available publicly, so we recommend that you not provide any information via any social media that you do not feel comfortable making available publicly. We welcome your mentions, replies, comments, likes, suggestions, or shares, but please note that any content that you provide to us via a social media channel may be used by us without restriction and without any obligation of payment to you. If we follow any other person’s account, that is not an endorsement. We reserve all rights in relation to use of social media platforms. We do not offer medical diagnosis or treatment via our social media accounts.

Feedback. If you provide us with any feedback or suggestions regarding the Website or Content (“Feedback”), you hereby grant Third Arc Bio a non-exclusive, transferable, sublicensable (through multiple tiers), irrevocable, perpetual, royalty-free, fully paid-up right and license to reproduce, publicly display, publicly perform, distribute, digitally transmit, create derivative works of, and otherwise use Feedback for any purpose. We shall have the right to use and fully exploit such Feedback in any manner we deem appropriate without a duty of compensation or recognition to you. We will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary.

3. Limitation of Liability and Disclaimer of Warranties

Disclaimer of Warranties. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIRD ARC BIO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “THIRD ARC BIO PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE OR CONTENT, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY, OR THAT THEY WILL BE COMPLETE, LEGAL, OR SAFE. THIRD ARC BIO DOES NOT WARRANT THAT IT WILL UPDATE SUCH CONTENT OR KEEP SUCH CONTENT CURRENT OR UP TO DATE. THE THIRD ARC BIO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU, FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE THIRD ARC BIO PARTIES DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OPERATE ERROR-FREE, OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS, OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO THIRD ARC BIO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability. IN NO EVENT SHALL ANY THIRD ARC BIO PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE, SPECIAL OR OTHER INDIRECT DAMAGES, LOST PROFITS, LOST REVENUES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH THIRD ARC BIO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE THIRD ARC BIO PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (a) $100 OR (b) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS WEBSITE, IF ANY, IN THE TWELVE- (12) MONTH PERIOD DIRECTLY PROCEEDING THE EVENT THAT GAVE RISE TO THE APPLICABLE CLAIM.

Certain States. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. THE LIABILITY OF THE THIRD ARC BIO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification

You agree to defend, indemnify, and hold harmless the Third Arc Bio Parties from and against any claims, actions or demands, including, without limitation, reasonable costs and attorneys’ fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use of or misuse of any Content or the Website; or (c) your violation of applicable law. Third Arc Bio will use reasonable efforts to provide notice to you of any such claim, suit, or proceeding. Third Arc Bio 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 Third Arc Bio’s defense of such matter.

5. Term & Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Website. Third Arc Bio reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Website and the Content at any time and for any reason without prior notice or liability. Third Arc Bio reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

Sections 1 (Medical Disclaimers), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (General) shall survive the termination of this Agreement.

6. User Must Comply With Applicable Laws

We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You understand that if you access this Website from another country and provide your personal information to us through this Website, your personal information may be transmitted to us in the United States, and you consent to such transfer.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States or any other applicable jurisdiction. By downloading any Content, you are expressly agreeing that you are not in a country where such export is prohibited by such laws, or are a person or entity for which such export is prohibited by such laws. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any Content.

7. U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or any Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.

8. General

This Agreement constitutes the entire agreement between you and Third Arc Bio and governs your use of the Website, superseding any prior agreements between you and Third Arc Bio with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Third Arc Bio agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, USA. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.

The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties the other provisions of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace any invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices required or allowed by this Agreement may be made via either email or certified mail. The Website may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

You may reach Third Arc Bio at:

Third Arc Bio
ATTN: [Legal Department]
888 Boylston Street, Suite 1111
Boston, MA 02199
(or contact info@thirdarcbio.com)

If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.