Atara Biotherapeutics

Terms of Use

Updated: September 1, 2022

These Terms of Use (“Terms”) are a binding agreement between you (“you” or “user”) and Atara Biotherapeutics, Inc. (“Atara,” “we,” “our,” or “us”). These Terms govern your access and use of the website at www.atarabio.com (“Site”), and any features, applications, services and mobile applications offered by Atara through the Site, and their respective contents, whether accessed via computer, mobile device, or other technology (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in these Terms. If you are acting on behalf of your employer or another entity, you represent and warrant that you are authorized to bind such employer or entity to these Terms.

If you do not agree with these Terms, do not use the Site, Services, or any content contained therein.

  1. Informational Purposes/Disclaimer of Warranties

This Site is for informational purposes only. THE SITE AND ANY CONTENT OR SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS. YOU ASSUME ALL RISKS FROM USING THE SITE, SERVICES AND ANY CONTENT. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE, CONTENT OR SERVICES IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

All statements and expressions on the Site are the sole opinion of Atara and are subject to change without notice. Certain information contained on the Site relate to or are based on studies, publications, surveys and other data obtained from third-party sources and Atara’s own internal estimates and research. While Atara believes these third-party studies, publications, surveys and other data to be reliable as of the date assessed by Atara, it has not independently verified, and Atara makes no representation as to the adequacy, fairness, accuracy or completeness of, any information obtained from third-party sources. In addition, no independent source has evaluated the reasonableness or accuracy of Atara’s internal estimates or research and no reliance should be made on any information or statements made in this presentation relating to or based on such internal estimates and research.  Atara is not liable for any investment decisions by its users. It is strongly recommended that any purchase or sale decision relating to securities be discussed with a financial advisor, or a broker-dealer, or a member of a financial regulatory body.  Users are cautioned that you may lose all or a portion of your investment in Atara.

  1. No Medical Advice

This Site is not intended to provide medical diagnosis, treatment, or advice. We do not warrant the efficacy, safety, or results obtained from any treatments discussed on the Site. You should consult with a licensed and qualified physician regarding any medical or health condition and any medical treatment or therapy, including whether any treatments or therapies offered by Atara are suitable for you.

  1. Copyright, Trademarks and Other Proprietary Rights

The information, text, images, audio, video, photos, and other material on the Site (the “Content”) are proprietary to Atara Biotherapeutics, Inc. or its licensors. The Content is protected by copyright law, and may not be copied other than for noncommercial individual use 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 Content 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 Atara.

The trademarks, service marks, and logos of Atara (the “Atara Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Atara. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Atara Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Atara specific for each such use. Use of any Trademarks as part of a link to or from any website is prohibited without Atara’s prior written consent.

  1. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE CONTENT, SITE, SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE, CONTENT, OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES LIMIT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY OR MAY ONLY APPLY IN PART TO YOU UNDER SUCH LAWS.

  1. Links to Third Party Websites

You may find advertising or other content on the Site that links to the sites of our partners, suppliers, advertisers, sponsors, licensors, and other third parties (“Linked Sites.” We do not control the content or links that appear on these Linked Sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these Linked Sites, including their content and links, may be constantly changing. These Linked Sites may have their own terms and conditions. Browsing and interaction on any other website, including Linked Sites, is subject to that website’s own terms and policies.

  1. Forward-Looking Statements

This Site contains forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. All statements other than statements of historical facts contained in this presentation, including statements regarding our future results of operations and financial position, future transactions, business strategy, product candidates, correspondence with regulatory authorities, regulatory submissions, regulatory approvals, the initiation, timing, progress and results of preclinical studies and clinical trials and our research and development programs, the mechanistic link between EBV and multiple sclerosis and the ability of ATA188 to specifically target such link, ability to sell, manufacture or otherwise commercialize our product candidates, research and development costs, timing and likelihood of success, plans and objectives of management for future operations, any royalty payments, our ability to obtain and maintain intellectual property protection for our product candidates, and the sufficiency of Atara’s cash, cash equivalents, short-term investments to fund its planned operations are forward-looking statements of Atara Biotherapeutics, Inc. (“Atara” or the “Company”). These statements involve known and unknown risks, uncertainties and other important factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. In some cases you can identify these statements by forward-looking words such as “believe,” “may,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “could,” “would,” “project,” “predict,” “plan,” “expect” or the negative or plural of these words or similar expressions.  These forward-looking statements are subject to risks and uncertainties, including those discussed in Atara’s filings with the Securities and Exchange Commission (SEC), including in the “Risk Factors” and “Management’s Discussion and Analysis of Financial Condition and Results of Operations” sections of the Company’s most recently filed periodic reports on Form 10-K and Form 10-Q and subsequent filings and in the documents incorporated by reference therein. These risks and uncertainties include, without limitation, risks and uncertainties associated with the costly and time-consuming pharmaceutical product development process and the uncertainty of clinical success; the transition following the closing of our asset sale related to the Atara T-Cell Operations and Manufacturing facility, the COVID-19 pandemic, and the war in Ukraine, which may significantly impact (i) our business, research, clinical development plans and operations, including our operations in Southern California and at our clinical trial sites, as well as the business or operations of our third-party manufacturer, contract research organizations or other third parties with whom we conduct business, (ii) our ability to access capital, and (iii) the value of our common stock; the impact of future and pending legislation and regulations; the use of our information technology and communication systems and cybersecurity attacks; the sufficiency of our cash resources and need for additional capital, and other factors that may cause our or our industry’s actual results, levels of activity, performance or achievements to be materially different from those anticipated by the forward-looking statements.  Because forward-looking statements are inherently subject to risks and uncertainties, some of which cannot be predicted or quantified and some of which are beyond our control, you should not rely on these forward-looking statements as predictions of future events. The events and circumstances reflected in our forward-looking statements may not be achieved or occur and actual results could differ materially from those projected in the forward-looking statements. Except as required by applicable law, we do not plan to publicly update or revise any forward-looking statements contained herein, whether as a result of any new information, future events, changed circumstances or otherwise.

The forward-looking statements are made only as of the date of access to the Site, and Atara undertakes no obligation to publicly update such forward-looking statements

  1. Privacy Policy

Any personal information that you may provide to us through the Site or Services shall be handled in accordance with our Privacy Policy. You accept the Privacy Policy by accessing or using the Site or Services or providing us your personal information.

  1. Changes to Terms

We have the discretion to amend, change, or update these Terms at any time. We also encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Any use of the Site or Services after posting of the modifications constitutes your acceptance of the modifications.

  1. General

These Terms and any other Atara policies referenced herein constitute the entire agreement of the parties with respect to its subject matter. They may only be modified by Atara as set forth in Section 8 above. If any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

  1. Governing Laws

These Terms and your use of the Site, Content and Services shall be governed by the laws of the United States of America and the State of California, without regard to its conflicts of laws principles, to the full extent that such choice of law is allowed. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

  1. Contacting Atara

If you have any questions about these Terms of Use, please contact us at privacy@atarabio.com.