Website Terms Of Use
This page sets out the terms of use (the “Terms of Use”) on which you make use of www.pardesbio.com (the “Site”). By entering and using the Site you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not use the Site. PardesBio may modify these Terms of Use at any time. Any changes we may make to these Terms of Use in the future will be posted on this page and, where appropriate, notified to you by e-mail. Your continued use of this Site following such change demonstrates your agreement to be bound by the modified Terms of Use. We advise you to check the Terms of Use often and take notice of any changes we make as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site.
THIS TERMS OF USE (THESE “TERMS OF USE”) SET FORTH THE LEGALLY BINDING TERMS OF USE AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. INFORMATION ABOUT US
Our Site is a website operated by Pardes Biosciences, Inc., a Delaware corporation, with its principal office located at 2173 Salk Ave., Suite 250, PMB#052, Carlsbad, California 92008, United States of America (“PardesBio”, “we”, “us”, or “our”). Pardes Biosciences is a clinical-stage biopharmaceutical company committed to solving some of the world’s most pressing public health challenges. The Site provides you, the user, with information about our company, our programs, and our product candidates in development.
2. ACCESSING OUR SITE
Subject to these Terms of Use, Company grants you a temporary, non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
If you provide PardesBio with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to PardesBio all rights in such Feedback and agree that PardesBio shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to PardesBio any information or ideas that you consider to be confidential or proprietary.
We reserve the right to withdraw or amend the functionality of our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. You acknowledge and agree that PardesBio will have no obligation to provide you with any support or maintenance in connection with the Site.
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.
3. DISCLAIMER
THE MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WE SPECIFICALLY MAKE NO WARRANTIES REGARDING THE EFFICACY OF ANY OF THE DRUG CANDIDATES DESCRIBED ON THIS SITE. WE DO NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, SERVER(S), OR ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE OR ANY INFORMATION CONTAINED THEREIN WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT YOU USE TO ACCESS THIS WEB SITE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DOCUMENTS, INFORMATION, GRAPHICS AND OTHER MATERIALS APPEARING AT THIS WEB SITE MAY INCLUDE TECHNICAL INACCURACIES, MISCALCULATIONS, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION AND USE OF SUCH DOCUMENTS, INFORMATION, GRAPHICS OR OTHER MATERIALS IS AT YOUR OWN RISK.
You acknowledge and agree that you assume full responsibility for your use of the Site
4. FORWARD-LOOKING STATEMENTS
This Site contains express or implied forward-looking statements, which are based on current expectations of management. these statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward- looking statements. PardesBio assumes no obligation to update any forward-looking statements appearing on this site in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
5. NO MEDICAL ADVICE
No information made available through the Site is intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content and information contained on or available through the Site is for general information purposes only and is not personalized medical diagnosis or treatment advice. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE.
6. INTELLECTUAL PROPERTY
The content on this Web Site, including without limitation, the material descriptions, graphics, photos, products, services and the like (“Site Content“) and the trademarks, service marks and logos contained therein (“Marks), are owned by or licensed to PardesBio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and except for third-party trademarks, which remain the property of their respective owners. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Web Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Enanta reserves all rights not expressly granted in and to the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must include on the copy all copyright and other proprietary notices contained in the original on this Web Site. You agree not to circumvent, disable or otherwise interfere with any security related features of this Web Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of this Web Site or the Site Content
7. PROHIBITION ON COMMERCIAL USE OF SITE CONTENT
You are permitted to use the material that is displayed on the Site only as expressly authorized by PardesBio or its licensors and partners. This Site is intended to provide information relating to PardesBio, and the Site is designed for users’ personal, non-commercial use only. Users may not use this Site, or any of the material appearing on the Site from time to time, to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other Site.
8. LINKING
PardesBio may from time to time include links on this Site to third-party sites or resources, which are operated by parties other than PardesBio. These links are provided for the convenience of users and for information purposes only and PardesBio does not review, approve, monitor or endorse or make any representations with respect to these third-party sites. PardesBio is not responsible for the availability of such external sites or resources, does not endorse or accept responsibility for them or for any loss or damage that may arise from your use of the third-party sites or the content of such external sites or resources. PardesBio has no responsibility for or control over terms and conditions of use and the privacy policy (if any) of the operators of the external Sites. You are advised to check the terms and conditions of use and the privacy policies of these external Sites before entering or making use of them. You use all third-party sites and links at your own risk.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Site other than that set out above, please address your request to [email protected].
9. LIMITATION OF LIABILITY
The Internet is by its nature an unreliable medium. Consequently, you accept that this Site is offered on an ‘as is’ and ‘as available’ basis. PardesBio takes all reasonable steps to ensure that the Site is properly functioning at all times but PardesBio does not warrant that this Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of software viruses or bugs or other defects.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARDESBIO (OR OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, OR RELIANCE ON ANY OF THE CONTENT CONTAINED ON THIS SITE, EVEN IF PARDESBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SITE OR YOUR USE OF THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
10. INDEMNITY
You agree to defend, indemnify, and hold harmless PardesBio, its subsidiaries and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out or (a) your use of the Site, (b) your breach of these Terms of Use , (c) your breach of your obligations, any representation you make or warranties you provide under these Terms of Use or (c) your violation of applicable laws or regulations. PardesBio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PardesBio. PardesBio will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our Site, you warrant that all data provided by you is accurate.
12. VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. You must not send through the Site any unsolicited or unauthorized advertising, promotional materials, junk mail, or spam, or any harassing or abusive material or any other unlawful material. You may not use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
By breaching this provision, you may be committing a criminal offence. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Site linked to it.
13. LEGAL NOTICE; DISCLOSURES
By accessing this Site, you agree that all matters relating to your access to and use of this Site shall be governed by the statutes and laws of the United States of America and, specifically, the State of California – without regard to the conflict of laws or principles thereof.
PardesBio is located at the address set forth in the Contact section below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs.
14. ARBITRATION AND CLASS ACTION WAIVER
Informal Process First. You agree that in the event of any dispute between you and PardesBio, you will first contact PardesBio and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Site or arising out of or relating to these Terms of Use, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and PardesBio agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms of Use, you and PardesBio are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding this agreement to arbitrate, either you or we may seek injunctive or other equitable or conservatory relief before the state or federal courts located in San Francisco, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. Each party may also pursue enforcement action through a court of proper jurisdiction if that action is available.
Small Claims; Claims for Infringement or Misappropriation
Notwithstanding the foregoing, you may instead assert your Claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Additionally, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco, California.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, PardesBio will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to the U.S. mailing address listed in the “Contact” section of these Terms of Use. The notice must be sent to PardesBio within thirty (30) days of your agreeing to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt-out of these arbitration provisions, PardesBio also will not be bound by them.
If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.
One Year to Bring Claim. To the extent permitted by law, any claim or dispute relating to the Site or these Terms of Use must be filed within one year. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it is permanently barred.
Modifications to Arbitration Provision
Notwithstanding any provision in this Terms of Use to the contrary, if we seek to terminate the Arbitration provision included in these Terms of Use, any such termination shall not be effective until 30 days after the version of these Terms of Use not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided PardesBio with written notice prior to the date of termination.
15. ENTIRE AGREEMENT
These Terms of Use constitute the whole legal agreement between you and PardesBio and govern your use of the Site and completely replace any prior agreements between you and PardesBio in relation to the Site. If you don not accept these Terms of Use, do not access the Site.
16. TERM AND TERMINATION
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may suspend or terminate these Terms of Use or your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use. Even after your rights under these Terms are terminated, the following provisions of these Terms of Use will remain in effect: including Sections 2-18.
17. WAIVER
Our failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
18. SEVERABILITY
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use will continue to be valid and enforceable.
19. CONTACT
Should you have any questions please contact PardesBio by email at [email protected] or by mail at 2173 Salk Ave., Suite 250, PMB#052, Carlsbad, California 92008, United States of America, Attention: General Counsel.
CONTACT DISCLAIMER:
DO NOT USE THE CONTACT INFORMATION ON THIS PAGE TO REPORT ADVERSE EVENTS OR SIDE EFFECTS THAT MAY OCCUR WHILE ENROLLED IN ANY PARDESBIO CLINICAL TRIALS. PLEASE CONTACT YOUR STUDY DOCTOR OR YOUR TRIAL SITE IMMEDIATELY.
