Terms & Contidions
Effective Date: 2023/07/29
Please read these Terms of Service (these “Terms”) carefully, as they constitute abinding contract between you, an individual user (“you” or “your”), and Opus Biosciences, Inc (“Opus Biosciences,” “we,” “us,” or “our”). These Terms apply to your use of the website made available at www.opusbiosciences.com (the “Website”). By clicking “I accept” or by accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website. We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. We may also notify you by sending an email notification to the address associated with your Account (as defined below) or providing notice through our Website. Your continued access or use of the Website after receiving notice of any update, modification, or other change to these Terms signifies your acceptance thereof.
Medical Advice
All content, materials, features, and functionality (including text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via the Website (the“Content”) are intended to be general information resources. Opus Biosciences does not practice medicine, render medical advice, or dispense medical servicesvia the Website, and nothing contained on the Website is intended to be an instruction for medical diagnosis or treatment. Any information or other Content provided on the Website should not be considered complete, nor shouldit be relied on to suggest a basis for diagnosis or course of treatment for a particular individual. Should you have any healthcare related questions, please consult with your physician or other qualified healthcare provider promptly.
Privacy
Please see our Privacy Policy a description of how we collect, use, and disclose yourpersonal information when you access or use the Website.
Proprietary Rights
Opus Biosciences grants you a limited right to use the Website for your personal use. All original content, materials, features, and functionality (including text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via the Website (the “Content”) are owned by Opus Biosciences and/or its licensors and may be protected by U.S. and foreign copyright, trademark, and other intellectual property laws. The “Opus Biosciences” name and logo and all other Opus Biosciences names, marks, logos, and other identifiers are trademarks and service marks of Opus Bioscience. You may not use or display any Opus Bioscience trademarks, trade names, or logos without our prior written permission.
We reserve all rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Website and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell or resell our Website and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website and the Content; (d) use any data mining, medical robots or similar data gathering or extraction methods; and (e) use our Website and the Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction, or distribution of the Website or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.If you choose to provide us with any comments, suggestions, ideas, or other feedback, you agree that we have an unrestricted right to use them, and you are not entitled to receive any compensation.
Prohibited Uses
We want to make sure the Website is a safe place for us and our users. For this reason, we need to have certain rules about the use of the Website, including certain conduct that is prohibited. You agree not to use the Website in any way, provide information or engage in any conduct that (a) is unlawful, illegal, or unauthorized; (b) is likely to disrupt our service in any way; or (c) infringes any copyright, trademark, trade secret, or other proprietary right of any other person.
Opus Biosciences Is Not Responsible For Third-party Content
The Website may contain links to third-party web sites, products, and services, and it may redirect you to third party applications on your mobile device (each, a “Linked Third-Party Service”). Opus Biosciences is not responsible for the content of Linked Third-Party Services, and does not make any representations or warranties regarding the content or accuracy of any such content. When you access and use a Linked Third-Party Service, you are subject to that third party’s terms and conditions of use and privacy policy and you agree that Opus Biosciences is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that Opus Biosciences shall have no liability relating to such Linked Third-PartyService except to the extent such liability is caused by the negligence of Opus Biosciences. Your use of any Linked Third-Party Service is at your own risk and subject to the terms and conditions of use for such offerings.
Disclaimer of Warranties
We provide the Website on an ‘as is’ and ‘as available’ basis without any promises or representations, expressed or implied. For example, we make no promises about how the Website will work, that they will be error-free, uninterrupted,or have no defects. The law also provides certain implied warranties, such as warranties of merchantability and fitness for a particular use; we disclaim those warranties, meaning they do not apply to the Website.
Limitation Of Liability
THIS SECTION LIMITS THE DAMAGE YOU CAN RECOVER FROM US. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, ORLOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE IS TO STOP USING THE WEBSITE. SOMESTATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/ OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Managing Disputes
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US. You and Opus Biosciences agree that these Terms and any claim or dispute between you and Opus Biosciences relating to your use of the Website will be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws’ provisions. Any litigation arising out of or connected in any way with these Terms shall take place on an individual basis in a State or Federal court of competent jurisdiction in San Diego County, state of California. Not withstanding the foregoing, however, you and the Opus Biosciences agree that Opus Biosciences may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction tobe invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and theother provisions of the Terms remain in full force and effect.
LIMITATION ON TIME TO BRING AN ACTION YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE BROUGHT BY YOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM ORCAUSE OF ACTION WILL BE FOREVER BARRED.
Termination
These Terms are effective unless and until terminated by either you or Opus Biosciences. You may terminate these Terms at any time, provided that you discontinue any further use of the Website. We also may terminate or suspend these Terms, at any time, without notice. Upon any termination of the Terms by either you or us, you must promptly cease using the Website. Termination will not limit any of our other rights and remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
General
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Opus Biosciences with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with Opus Biosciences’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Opus Biosciences may assign, transfer, or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breachor default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contact Us
If you have any questions regarding our Website or these Terms, you can contact us at info@opusbiosciences.com