Acceptance of the Terms and Conditions
Welcome to the web site (the “Site”) of Alpha-9 Oncology (“Alpha-9”, “we”, “us” and/or “our”). All use of the Site is subject to the terms and conditions contained in this Terms of Use (“Terms of Use”). By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept the terms and conditions of these Terms of Use, you shall not access, browse or use the Site. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any use of the Site thereafter shall constitute your acceptance of such revised terms and conditions. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
Your access to and use of the Site is also subject to our Privacy Policy, available at https://www.a9oncology.com/privacy-policy/, the terms and conditions of which are hereby incorporated herein by reference.
Use of the Site
You acknowledge and agree that the Site may contain content or features (“Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Alpha-9 in writing, you agree not to modify, copy, frame, scrape, rent, reproduce, republish, upload, post, lease, loan, sell, distribute or create derivative works based on the Site or Content, in whole or in part. Any use of the Site or Content other than as specifically authorized herein is strictly prohibited. You have no rights in or to the Content, and any rights not expressly granted herein are reserved by Alpha-9.
You further acknowledge and agree that Alpha-9 owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other Content (defined below) contained in the Site, as well as the collection, design, selection and arrangement thereof (collectively, the “Alpha-9 Material”). Alpha-9 requires you to respect the intellectual property rights that we have in the Alpha-9 Material and Alpha-9 Trademarks (as defined below).
The Alpha-9 name and logos are trademarks and service marks of Alpha-9 (collectively the “Alpha-9 Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Alpha-9. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Alpha-9 Trademarks or Alpha-9 Materials displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Alpha-9 Trademarks or Alpha-9 Materials will inure to our exclusive benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) delete, add or alter any material posted on the Site by Alpha-9 or any other person or entity, (e) frame or link to any of the materials or information available on the Site, (f) attempt any criminal or tortious activity, including fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft, (g) attempt to impersonate another person or entity, or (h) use the Site in a manner inconsistent with applicable laws and regulations.
The Site may contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement or recommendation by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Termination
We may terminate your use of the Site at any time and for any reason, including for conduct violating these Terms of Use. Upon any such termination, you must destroy all content obtained from the Site and all copies thereof. Furthermore, you acknowledge that we reserve the right to take action – technical, legal or otherwise – to block your ability to access the Site. You understand that we may exercise this right in our sole discretion and this right shall be in addition to any other rights and remedies available to us. All provisions that, by their nature, should survive termination of these Terms shall survive termination.
Submitting Material to Alpha-9
You cannot sue Alpha-9 for using ideas you submit. If Alpha-9 uses them, or anything like them, it does not have to pay you or anyone else for them. Alpha-9 can use them for any purpose Alpha-9 deems appropriate, without compensating you or anyone else for them.
Any communication or material you transmit to Alpha-9 through the Site or in relation to the Site, including any remarks, data, questions, comments, ideas, graphics, suggestions, or other information is, and will be treated as, non-confidential (other than information Alpha-9 promises to protect under these Terms of Use) and non-proprietary. Alpha-9 is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You grant Alpha-9 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in an unlimited manner, and waive any moral rights you may have therein in favour of Alpha-9.
You acknowledge that you are responsible for any submission you make. This means that you (and not Alpha-9) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability and Disclaimer of Warranties.
ALPHA-9, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ALPHA-9 PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE ALPHA-9 PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
THE ALPHA-9 PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES OR THAT THE SITE WOULD OPERATE IN PERPETUITY. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ALPHA-9 PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ALPHA-9 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.
IN NO EVENT SHALL ANY ALPHA-9 PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OR ACCESS THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ALPHA-9 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE ALPHA-9 PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No Medical or Professional Services Advice
THE SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. The Site and all the information that it contains are provided “as is” without any express or implied warranty of any kind. You are encouraged to confirm the information contained on the Site with other sources, and to review the information carefully with your professional healthcare provider. Alpha-9 does not provide medical or similar professional services or advice via the Site or otherwise, and the information provided is not intended to replace medical advice offered by a physician. If you desire or require such services or advice, you should consult a professional healthcare provider. You should not construe Alpha-9’s publication of this content, or the content of other sites linked to the Site, as an endorsement by Alpha-9 of any views expressed therein or of any such products, or any warranty or guarantee of any strategy, recommendation, treatment, product, action or application of medication or preparation made by the author of the content.
Indemnification
You agree to defend, indemnify, and hold harmless the Alpha-9 Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Terms of Use or your access to, use or misuse of the Content or Site. Alpha-9 shall provide notice to you of any such claim, suit, or proceeding. Alpha-9 reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Alpha-9’s defense of such matter.
Termination of the Terms of Use
Alpha-9 reserves the right, in its sole discretion, to restrict, suspend, or terminate this Terms of Use and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Alpha-9 reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
Sections 2 (Use of the Site), 5 (Limitation of Liability and Warranty), 7 (Indemnification), 8 (Termination of Terms of Use), and 11 (Miscellaneous) shall survive the termination of this Terms of Use.
User Must Comply with Applicable Laws
This Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
Miscellaneous
This Terms of Use is governed by the laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. Failure of Alpha-9 to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in this Terms of Use. No waiver shall be effective against Alpha-9 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 Alpha-9 and you, this Terms of Use constitutes the entire agreement between you and Alpha-9 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 merely for convenience and shall not be given any legal import. This Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Alpha-9 is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Contact
Please contact us at info@alpha9tx.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Site.
