Terms of use - Domain Therapeutics North America

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Please read the following Terms of Use (the “Terms”) before using the website available at https://www.domaintherapeutics.ca/ (“Website”). By accessing and using the Website, you agree to be bound by these Terms as set forth by Domain Therapeutics NA Inc. (collectively, “DTNA”, “us”, “we”, “our”), as well as our Privacy Policy which forms an integral part of these Terms.

The Website is only available to users who can legally conclude contracts, as provided by applicable laws. By using the Website, you represent and warrant that you have reached the legal age of your place of residence to enter a contract.

If you choose not to agree with these Terms, you must refrain from using the Website.

We reserve the right, at our sole discretion, to change or amend these Terms or any part of these Terms at any time. The amended Terms will be effective at the publishing time and will apply to your use of the Website from that point forward. You agree to periodically review the terms and conditions to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

1. USE OF THE SITE

1.1. Access and Use. You are allowed to access and use the Website, for your personal and non-commercial use solely, to consult the various information and content available thereof, including the services offered by DTNA.

1.2. Restrictions. You shall not (i) use the Website for purposes other than in accordance with these Terms, (ii) copy, distribute, or disclose any part of the Website in any medium, including by any automated or non-automated web scraping tool or technique, (iii) use any automated system, including “robots,” “spiders,” and “offline readers”, to access the Website, (iv) transmit, via the Website, spam or other unsolicited content, (v) attempt to interfere with the servers running the Website, compromise their system’s integrity or security, or decipher any transmissions to or from them, (vi) take any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Website infrastructure, (vii) upload invalid data, viruses, worms, or other malware through the Website, (viii) collect, extract or harvest, or attempt to, any personal information from the Website, (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, (x) interfere with the proper working of the Website, (xi) access any content on the Website through any technology or means other than those provided or authorized by the Website, (xii) bypass the measures that DTNA may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Website, or (xiv) otherwise use the Website in contravention with applicable law.

1.3. Investigations and Prosecutions. DTNA reserves the right to investigate any breach of these Terms and to take appropriate remedies to the fullest extent permitted by laws. You acknowledge that DTNA has the right to ensure compliance with these Terms, applicable laws, orders and requirements of a court or governmental body. In case of violation of these Terms, DTNA shall have the right, at any time and without notice, to disable your access or use to the Website.

2. INTELLECTUAL PROPERTY

2.1. Trademarks. All trademarks (including words, expressions and logos) used by DTNA for the purposes of distinguishing its own goods or services from those of others, are owned by DTNA. Trademarks of DTNA may not be used, reproduced or replicated, in whole or in part, without the prior written permission of DTNA.

2.2. Copyright. All original works reproduced or published on the Website are protected by copyright. The owner of the copyright in each work reserves all its rights in and to it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.

2.3. Other Rights. The Website may also be protected by industrial designs or patents. DTNA reserves all rights to the Website that are not expressly granted. You agree not to engage in the use, copying, or distribution of any content of the Website other than when expressly permitted.

2.4. Feedback. DTNA is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Website or any other DTNA product or service (“Feedback”), without compensation or attribution to you or to any person responsible for this Feedback. By providing Feedback, you hereby grant to DTNA an irrevocable, non-exclusive, non-transferable, worldwide, fully paid-up (with a right to sublicence) and royalty-free licence to use said Feedback.

2.5. Documentation. DTNA may, from time to time, provide you with documentation, online or in any material form, describing the features, operation and use of the Website (the “Documentation”). You understand and agree that you may reproduce and use the Documentation only as necessary to support your use of the Website.

2.6. Reverse Engineering. You shall not Reverse Engineer (as defined below) or attempt any Reverse Engineering of the Website. “Reverse Engineering” includes but is not limited to any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including “cable sniffing” or “black box” reverse engineering) or any method or process of obtaining or converting any information, data, or software from one form into a human readable form.

3. HYPERLINKS

The Website may contain hyperlinks to external Internet sites that remove you from the Website (the “External Sites”). You acknowledge and agree that DTNA is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by DTNA of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Website, you expressly release DTNA from any liability arising from your use of any External Site, and you are bound to the terms of use and the privacy policy relevant to said External Site.

4. DISCLAIMERS

The Website is provided to you “as is” and “as available” without any warranties of any kind. To the fullest extent permitted by applicable law, DTNA disclaims all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. Although DTNA does everything in its power to ensure that the information presented on the Website is complete and accurate, DTNA cannot guarantee that such information is free of errors, omissions and inaccuracies. DTNA makes no warranty regarding the quality of any content consulted or obtained through the Website.

5. LIMITATION OF LIABILITY

You acknowledge and agree that you assume all risk arising from your access to or use of the Website, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, DTNA, its affiliates, directors, employees, agents, licensors or successors and assigns, shall in no event be liable for damages of any kind, including without limitation loss of use, loss of profits, whether in contract or tort proceedings, or otherwise, resulting directly or indirectly from the use or performance of the Website, including any damage caused by or resulting from reliance on any information obtained by the Website, or resulting from an error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in performance.

6. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless DTNA and its officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Website, or your violation of these Terms or the rights of third parties. DTNA may assume the exclusive defense and control of any matter for which you have agreed to indemnify DTNA and you agree to assist and cooperate with DTNA in the defense or settlement of any such matters.

7. GENERAL

7.1. Survival of Provisions. The provisions that by their nature should survive termination of these Terms shall survive termination, including ownership and indemnification provisions as well as warranty disclaimers and limitations of liability.

7.2. Entire Agreement. These Terms replaces any prior agreement between you and DTNA regarding the matters contemplated herein and constitute the entire agreement between you and DTNA.

7.3. Assignment. You cannot assign or transfer these Terms or any rights or obligations thereto.

7.4. Governing Law. These Terms shall be governed, construed, and enforced in accordance with the laws of the Province of Quebec (Canada) and applicable federal laws, without regard for their conflict of law rules. Any action or proceeding arising out of or relating to the Website and under these Terms will be instituted in the courts of the province Quebec, Montreal district.

7.5. Waiver. The negligence or delay by DTNA to exercise a right, recourse, power or privilege in accordance with the Terms does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made in writing and signed by DTNA. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.

7.6. Invalidity or Unenforceability. In the event that one or many provisions of the Terms is declared invalid or unenforceable or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms. These Terms will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms.

8. CONTACT US

DTNA appreciates your comments, questions, and feedback, which may be sent to contactdtna@domaintherapeutics.com.