Last Updated: April 27, 2015
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THE WEBSITE AND ALL MATERIALS ON OUR WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. KALA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, KALA DOES NOT WARRANT THAT: (A) THE MATERIALS, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS OR INACCURACIES WILL BE CORRECTED; OR (C) THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KALA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE WEBSITE OR THE USE OR THE RESULTS OF THE USE OF THE MATERIALS WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.
IN NO EVENT SHALL KALA BE LIABLE TO YOU, ANY OTHER USER OF THIS WEBSITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR ENTIRE LIABILITY TO YOU FOR ANY AND ALL CLAIMS WHATSOEVER RELATING IN ANY MANNER TO YOUR ACCESS AND USE OF THE WEBSITE AND/OR THE MATERIALS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) IN THE AGGREGATE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Kala reserves the right to limit provision of any product or service to any person, geographic region or jurisdiction and to limit the products or services that we provide.
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Kala Pharmaceuticals Inc.
490 Arsenal Way, Suite 120
Watertown, MA 02472