Please read and review these terms carefully before accessing or using this website.
This Website Terms and Conditions of Use (“Terms”) describes the terms and conditions applicable to your use of the website operated by DynamiCure Biotechnology, LLC (“DynamiCure,” “we,” “our,” and “us”) and located at www.dynamicure.com (the “Website”). All use of or linking to any content on the Website is subject to the terms and conditions contained in these Terms. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to these Terms and acknowledge that any prior agreements regarding the use of the Website between you and us are superseded. If you do not agree to the Terms, do not access or use the Website. By using the Website, you represent that you are at least 18 years old.
Use of Information
Since the information from the Website, including but not limited to, any text, images, audio, video, and software (“Information”), is for general informational and educational purposes only. You may browse, access, download or use Information but only for your own temporary, non-commercial use. You agree to accept the information “as is” and agree not to rely on it for any purpose beyond general information or educational purpose. We do not guarantee the truth, accuracy, reliability, currency, completeness, or use of the Information for any particular purpose. You have no rights in or to the Information, except as permitted under these Terms or with our prior written consent. Some of the Information presented in the Terms may be owned by third parties. The Information is protected by United States and foreign intellectual property laws. Unauthorized use of the Information may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Information or reproduce, display, publicly perform, make a derivative version of, distribute, transmit, reuse, repost, or otherwise use the Information in any way for any public or commercial purpose without our prior written permission. You may not use the Website or the Information from the Website (a) in any way that breaches any applicable local, national, or international law or regulation; (b) in any way that is unlawful or fraudulent or that has any unlawful or fraudulent intent, purpose, or effect; (c) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (d) to make unauthorized attempts to access any of our systems or third-party networks or (e) to plant, embed, or other upload malware, viruses, trojan horses, or other programs intended to gather data or penetrate other Website users networks or hardware. The use or posting of any of the Information on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Terms, your right to access and/or use the Information and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Information. We reserve the right to withdraw, amend, or revise the Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. Nothing on this Website will be deemed to constitute an invitation to invest or otherwise deal in shares or other securities in DynamiCure.
By accessing and using this Website, you accept, without limitation or qualification, the Terms.
Copyright and Trademarks
You must retain and reproduce all copyright notices or other proprietary rights notices contained in the original Information on any copy you make of the Information or in any Information you download. The intellectual property rights on the Website and in the Information are owned by DynamiCure, our affiliates, or our external partners. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without our written permission except as provided in these Terms or in the text on the Website. No links to the Website may be included in any other website without our prior written permission. With the exception of the foregoing limited authorization, no license to or right in the Information or any copyright of DynamiCure or of any other party is granted or conferred to you.
The trademarks, service marks, and logos of DynamiCure (the “DynamiCure Trademarks”) used and displayed on the Website, whether or not appearing in large print or with the trademark symbol, are registered and unregistered trademarks or service marks of DynamiCure or its subsidiaries or affiliates. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the DynamiCure Trademarks, the “Trademarks”). Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, a license or right, express, or implied, under any Trademarks displayed on the Website without the prior written consent of DynamiCure specific for each and every instance. The Trademarks may not be used to disparage DynamiCure or any third party, DynamiCure’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Links to the Website from other sites should be text-only and use of any Trademarks as part of a link to or from any website is prohibited without DynamiCure’s prior written consent. All goodwill generated from the use of any DynamiCure Trademarks shall inure to DynamiCure’s benefit.
Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other U.S., state, federal, and international laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Information may be retransmitted without the express written consent of DynamiCure for each and every instance.
Please be advised that DynamiCure actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The content on the Website is intended to be a general information resource for general, informational, and educational purposes only. DynamiCure does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Website, and nothing contained on the Website is intended to be instruction for medical diagnosis or treatment or a substitute for advice provided by a doctor or other qualified health care professional. Any information provided 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. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of consultation or the advice of your physician or another qualified healthcare provider. Please consult with your physician or other qualified healthcare provider.
The Website may contain express or implied forward-looking statements about DynamiCure’s financial and operation performance, business plans and prospects, in-line products, and products in development that are based on beliefs and assumptions and on information currently available to DynamiCure’s management and involve substantial risks and uncertainties. These statements relate to, among other things, DynamiCure’s expectations regarding plans, objectives, strategies, future operating or financial performance, business plans and prospects, and expectations regarding clinical trials, development timelines, discussions with regulatory authorities, development programs, development candidates and investigational medicines under development by DynamiCure and by DynamiCure’s strategic collaborators. In some cases, forward-looking statements can be identified by terminology such as “may,” “should,” “expects,” “intends,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” “potential,” “continue,” or the negative of these terms or other comparable terminology, although not all forward-looking statements contain these words. Such statements are based on DynamiCure management’s current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements. The information presented on the Website is believed to be current as of the date of its original publication. The forward-looking statements on this Website are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties, and other factors, many of which are beyond DynamiCure’s control, and that could cause actual results to differ materially from those expressed or implied by these forward-looking statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of DynamiCure products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of DynamiCure’s patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions. DynamiCure assumes no obligation to and does not intend to update any forward-looking statements appearing on the Website in the event of changing circumstances or otherwise or as a result of new information or future events or development, and such statements are current only as of the date they are made.
DynamiCure may make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. Although we attempt to periodically update the Website, the Information, materials, and services provided on or through the Website may occasionally be inaccurate, incomplete, or out of date and are provided on an “AS IS” and “AS AVAILABLE” basis. DynamiCure does not have a duty to update information contained on the Website, and DynamiCure will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy, or currency of any information on the Website, and we undertake no obligation to update or revise the information contained on the Website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained on the Website before relying upon it.
Disclaimer of Warranties
DYNAMICURE, ITS SUBSIDIARIES AND OTHER AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, STRATEGIC COLLABORATORS, AND LICENSORS (COLLECTIVELY, THE “DYNAMICURE PARTIES”) MAKE NO WARRANTIES, ASSURANCES, OR REPRESENTATIONS AND DO NOT GIVE ANY WARRANTIES EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE INFORMATION OR THAT THE RESULTS THAT MAY BE OBTAINED FORM THE USE OF THE WEBSITE WILL BE ERROR FREE OR RELIABLE.)
Limitation of Liability
THE DYNAMICURE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR (I) LOSS OF INCOME OR REVENUE, (II) LOSS OF BUSINESS OR BUSINESS INTERRUPTION, (III) LOSS OF PROFITS OR CONTRACTS, (IV) LOSS OF ANTICIPATED SAVINGS, (V) LOSS OF DATA, (VI) LOSS OF GOODWILL, (VII) WASTED MANAGEMENT OR OFFICE TIME; (VIII) LOSS OF USE; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE OR DYNAMICURE IS OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE DYNAMICURE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE INFORMATION, FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU USE THE WEBSITE AND THE INFORMATION AT YOUR OWN RISK.
THE DYNAMICURE PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE INFORMATION ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE INFORMATION RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO DYNAMICURE PARTY SHALL BE RESPONSIBLE FOR ANY LIABILITY AND THOSE COSTS.
THE WEBSITE AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE DYNAMICURE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions or limitations may not apply to you or be enforceable with respect to you. We also do not assume any responsibility, and will not be liable, for any damages to or viruses that may infect, your computer equipment or other property on account of your access to, or use of, the Information. DynamiCure reserves the right to discontinue the Website at any time without notice and without liability.
Information You Supply to Us
Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as non-confidential and nonproprietary and DynamiCure shall have no obligation of any kind with respect to such information. Anything you transmit or post becomes the property of DynamiCure and may be used by DynamiCure and any of its subsidiaries, affiliates, strategic collaborators, and third-party service providers for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. DynamiCure and its subsidiaries, affiliates, strategic collaborators, and third-party service providers are free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, researching, developing, manufacturing, and marketing products using or incorporating such information. Any information submitted or provided by you to the Website might be publicly accessible. Important and private information should be protected by you. DynamiCure is not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
The Website may contain information on our current or potential future worldwide products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. The products referred to on this Website may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of the Website are intended only for certain kinds of expert users or only for audiences in certain countries. You should not construe anything on the Website as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Website can be accessed from every U.S. state as well as from other countries around the world. Each of those places has laws that may differ from those of Massachusetts, where DynamiCure is located. By accessing the Website, you and DynamiCure agree that the laws of The Commonwealth of Massachusetts in the United States, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains. With respect to such disputes, you and DynamiCure also agree and hereby submit to the exclusive personal jurisdiction and venue of the appropriate court located in Boston, Massachusetts, USA.
You will comply with any applicable export restrictions under applicable export control laws and agree not to export or re-export any Information to countries or persons prohibited under applicable export control laws. If you are in a country where export is prohibited or are a person or entity for which export is prohibited, you may not download any Information. You are responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Information.
Use of the Website or Information by the U.S. Government constitutes acknowledgement of our proprietary rights to the Website and Information.
If any provision of these Terms is found to be unlawful, invalid, or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure of DynamiCure to act on or enforce any provision of this Terms shall not be construed as a waiver of that provision or any other provisions in the Terms. No waiver shall be effective against DynamiCure unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by DynamiCure and you in writing, these Terms constitute the entire agreement between you and DynamiCure with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided for convenience and shall not be given any legal import. DynamiCure may assign its ownership, control, or other rights to the Website to any party at any time without notice to you.
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.