Effective Date: January 17, 2023
Please read these Terms of Service (these “Terms”) carefully, as they constitute a binding contract between you, an individual user (“you” or “your”), and Aera Therapeutics Inc. (“Aera Therapeutics,” “we,” “us,” or “our”).
These Terms apply to your use of the website made available at www.aeratx.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.
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. Aera Therapeutics does not practice medicine, render medical advice, or dispense medical services via 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 should it 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.
Aera Therapeutics 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 Aera Therapeutics and/or its licensors and may be protected by U.S. and foreign copyright, trademark, and other intellectual property laws. The “Aera Therapeutics” name and logo and all other Aera Therapeutics names, marks, logos, and other identifiers are trademarks and service marks of Aera Therapeutics. You may not use or display any Aera Therapeutics 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.
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.
AERA THERAPEUTICS IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT
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, OR LOSS 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.
SOME STATES 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.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
You and Aera Therapeutics agree that these Terms and any claim or dispute between you and Aera Therapeutics relating to your use of the Website will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, 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 Middlesex County, Commonwealth of Massachusetts. Notwithstanding the foregoing, however, you and the Aera Therapeutics agree that the Aera Therapeutics 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 to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other 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 OR CAUSE OF ACTION WILL BE FOREVER BARRED.
These Terms are effective unless and until terminated by either you or Aera Therapeutics. 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.
If you have any questions regarding our Website or these Terms, you can contact us at firstname.lastname@example.org.