Terms of Use

Please carefully read these Terms of Use and our Privacy Policy before using our website. By using the Mirati Therapeutics, Inc. (“MIRATI”) website, you agree to follow and be bound by these Terms of Use and our Privacy Policy without modification. In the case of any violation of these Terms of Use, MIRATI reserves the right to seek all remedies available at law or in equity.

Because we will continue to implement new technologies and improve the services and features we provide on our website, this statement is subject to change without prior notice. MIRATI reserves the right to update this Terms of Use statement at any time. Any changes or updates will be effective immediately upon posting to this website. For that reason, we encourage you to review this statement periodically. By using our website, you agree to be bound by the Terms of Use in effect at that time. If you do not agree to these terms, please exit from this website immediately.

Use of Website

MIRATI’s website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. MIRATI reserves the right to refuse service in its discretion at its sole discretion, with or without notice, including, without limitation, if MIRATI believes that a website user’s conduct violates applicable law or is harmful to the interests of MIRATI.

You may download information and material displayed on this website for non-commercial, personal use only, subject in all cases to all the terms, conditions and limitations set forth in these Terms of Use. You may not use, transmit, publish, distribute, modify, repost or republish the information, text, images or other content on this website for commercial purposes without MIRATI’s prior written permission.

Submitted Information

No information or material provided to MIRATI by you through our website may contain vulgar, obscene, threatening or otherwise unlawful language or material. MIRATI will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a description of how we handle personal information submitted to us.

MIRATI Information

MIRATI has made a conscientious effort to display and describe information about MIRATI on the site accurately so that you can get a good idea of our business. Furthermore, MIRATI is constantly improving its information. The materials on this website are for your general educational information only. MIRATI does not practice medicine or provide medical services or advice, and the information on this website should not be considered medical advice. You should always rely on your health care professional for diagnosis and treatment. This website contains information about drug compounds that are the focus of MIRATI’s research and development efforts. Information regarding such drug compounds is not intended, nor should it be construed, as medical advice or as promotion of any drug compound.

Links to Other Websites

MIRATI’s website may contain links to other websites. MIRATI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MIRATI of the linked website or any association with its operators. MIRATI makes no representations whatsoever about any other site you may access through www.mirati.com. Any concerns regarding any product or service offered by a website to which the MIRATI website is linked or the link itself should be directed to the operator of that specific website and not to MIRATI. If you use these links, you are leaving this website. MIRATI has not reviewed all of these third-party sites and does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which MIRATI’s website is linked. MIRATI makes no representations whatsoever about any other website you may access through MIRATI and disclaims all liability with regard to your access to such linked websites. If you access any third-party site linked to this website, you do so at your own risk.

Unless otherwise set forth in a written agreement between you and MIRATI, you must adhere to MIRATI’s linking policy as follows: (i) any link to MIRATI’s website must be a text only link clearly marked “MIRATI website;” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MIRATI’s name and trademarks; (iii) the link must point to the following URL listed below: www.mirati.com and not to other pages within our website; (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 MIRATI; and (v) MIRATI reserves the right to revoke its consent to the link at any time and in its sole discretion.

Children’s Policy

We do not intend to collect any personally identifiable information from children through our website. Please do not allow children under the age of 13 to provide any personally identifiable information related to our website.

Copyright

All software and content included on this website, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, user interface and software, is the owned or licensed property of MIRATI or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of MIRATI and protected by U.S. and international copyright laws. MIRATI grants you permission to view and use content and software made available to you on the website in connection with your use of the website. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this website is strictly prohibited and may be a violation of applicable law.

Trademarks

MIRATI’s names and logos referenced on the website are trademarks of MIRATI in the United States and other countries and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MIRATI.

All other trademarks not owned by MIRATI that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MIRATI.

Nothing contained on this website should be construed as granting, explicitly, implicitly or otherwise, any license or right to use any MIRATI trademarks without the prior written permission of MIRATI, or to use the trademarks of any third party. If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

Data Privacy

“Personal Information” is defined as any information that relates to you directly or indirectly, by reference to an identifier, location, or factors specific to physical, physiological, genetic, economic, cultural or social identity.  The Personal Information that you are communicating on this website (i.e contact form) is being sent to MIRATI to manage it internally and process your request.

You are not obliged to send us your Personal Information when visiting our website. However, when using a form, you might have to communicate Personal Information necessary for the management of the request.

If you are located in the EEA, in application with the General Data Privacy Regulation (GDPR), you have the right to modify, erase, and access your Personal Information. You are also able to restrict or limit the processing of your Personal Information. Moreover, you can request the portability of your Personal Information.

For more information on the use of your Personal Information and to exercise your rights, please consult our Privacy Policy.

Text Messaging

By consenting to receiving text messages from Mirati:

  • You confirm that you are the subscriber to the relevant phone number provided or that you are the customary user of that number on a family or business plan and that you are authorized to consent to receive text messages.
  • You authorize Mirati to use autodialer or non-autodialer technology to send text messages to the phone number provided with promotional communication relating to Mirati products and services (standard text messaging rates may apply).
  • You understand that you are not required to provide this consent as a condition of purchasing any goods or services.
  • You understand that you have the right to the access, rectification, deletion, portability, as well as limitation and restriction of the processing of data concerning you, and that you can exercise that right by sending an email to privacy@mirati.com.

For more information, please consult our Privacy Policy.

Disclaimer/Warranty

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE IS PROVIDED BY MIRATI ON AN “AS IS” BASIS. MIRATI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIRATI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE TO AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. MIRATI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ANY DELAYS ON THIS WEBSITE, OR THE INABILITY TO USE THIS WEBSITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. MIRATI DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.

Safe Harbor

Except for the historical information set forth in this website and within its content, matters set forth in this website and within its content, including but not limited to statements relating to our drug discovery efforts, preclinical and clinical development programs and drug candidates, and any statements relating to MIRATI’s goals, plans, missions, expectations, beliefs, and the like, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties inherent in the discovery, development and commercialization of drugs, and other risks detailed in our annual report on Form 10-K as well as other subsequent filings made from time to time with the Securities and Exchange Commission, which are available at www.sec.gov. These forward-looking statements speak only as of the date of the development or update of this website. MIRATI disclaims any intent or obligation to update these forward-looking statements.

Severability, Waiver and Indemnification

If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

In consideration of MIRATI’s granting you access to this website, you agree to and shall indemnify and hold harmless MIRATI from and against any damages or liabilities related or connected to any harm caused to MIRATI or others arising from your access, use, or browsing of this website or the information contained in this website, and/or arising from your violation of these Terms of Use.

Governing Law, Jurisdiction and Disputes

By using this website, you agree that the only proper jurisdiction and venue for any dispute with MIRATI, or in any way relating to your use of this website, is in the state and federal courts in the County of San Diego, State of California, U.S.A. These Terms of Use are governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles, and the federal laws of the United States. Except to the extent prohibited by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within two (2) years from the date on which such claim or action arose.

Changes to Terms of Use

MIRATI reserves the right to update these Terms of Use statement at any time. Any changes or updates will be effective immediately upon posting to this website. Your use of this website constitutes acceptance of our Terms of Use. If you do not agree to these terms, please exit from this website immediately.