Terms of Use | MBrace Therapeutics, Inc.

Last Updated: November 13, 2023

 

Acceptance of the MBrace Terms of Use

These terms of use are entered into by and between you and MBrace Therapeutics, Inc. (”MBrace,” “we,” “us, ” and/or “our”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.mbracetrx.com, including any content, functionality, and services offered on or through www.mbracetrx.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. Your use of this Website constitutes your acceptance and agreement to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not visit, access or use the Website.

This Website is intended to be available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet this eligibility requirement, and if not you must not access or use the Website.

Changes to the Terms of Use

MBrace reserves the right to revise and update these Terms of Use from time to time in our sole discretion and without previous notice. All changes to the Website are effective immediately upon posting and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use indicates your acceptance and agreement to such changes. Users should visit this page periodically to be aware of any binding changes.

MBrace does not represent that the information provided on its Website is complete as of a specific date, and thus any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Reliance on Available Information

The Website does not, and is not intended to, provide any medical advice. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MBrace, its licensors, or other providers.  The Website and its are protected by United States and applicable international copyright, trademark, patent, design and other intellectual property or proprietary rights laws and regulations.

The MBrace logo and names of MBrace trials and products displayed on this Website, as well as the tagline “MBrace the Possibilities”, are protected by U.S. and international trademark and copyright laws. Other third party trademarks referenced on this Website, including those of our investors, are the property of their respective owners. All trademark name representations of MBrace or other parties are believed to be accurate, but not guaranteed to be so. No license to use any of MBrace’s trademarks is given or implied. Users are not permitted to use these trademarks without the prior written consent of MBrace. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not copy, modify, further distribute, derive, publicly display, publicly use, republish, download, store, or transmit any of the material on our Website without obtaining explicit written permission from MBrace.  You also must not print, copy, modify, download, or otherwise use or provide to any third party any part of the Website in breach of the Terms of Use without the express written permission of MBrace.  MBrace does not grant any right, title, or interest in or to the Website or the content contained therein, and all rights not expressly granted but these Terms of Use are reserved by MBrace. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use, as well as a potential violation of other applicable laws.

Collected Information from Website Visits

All information collected by MBrace on its Website is subject to all applicable laws and to MBrace’s Privacy Policy. By using the Website, you consent to all actions taken by MBrace with respect to information you have provided in compliance with applicable laws and the MBrace Privacy Policy.

Third-party Links and Resources

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only and do not indicate any relationship with MBrace or any endorsement by MBrace. MBrace has no control over the contents of those sites or resources, and is not responsible for any loss or damage that may arise from your use of any third-party sites or resources. Any access of the third-party websites or resources found on this Website is done entirely at your own risk and subject to the terms and conditions of use for such websites or resources.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MBRACE NOR ANY PERSON ASSOCIATED WITH MBRACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MBRACE NOR ANYONE ASSOCIATED WITH MBRACE REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MBRACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW ARE EXCLUDED.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MBRACE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to the use (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, MBrace’s Privacy Policy, or use of the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City and County of San Diego. By using this website, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Contact Information

If you have any questions about these Terms of Use, our Privacy Policy, the practices of this Website, or our privacy practices, please contact us at legal@mbracetrx.com.

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