Effective Date: December 2022
1. Terms and Conditions of Use
- Please read these terms and conditions of use carefully before reading this web site:
2. Intellectual Property Rights
- This web site, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of Defender Pharmaceuticals (“Defender”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to Defender are either registered or unregistered trademarks or tradenames of Defender and/or its affiliates (collectively, the “Defender Trademarks”). Nothing in these Terms and Conditions of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Defender Trademarks displayed on the web site without our prior written permission in each instance. All goodwill generated from the use of Defender Trademarks will inure to the exclusive benefit of Defender and/or its affiliates, as applicable.
- All company and product names of other entities are the property of their respective owners.
3. Use of Defender Website and its Content
- The Content contained throughout this web site is provided by Defender for informational purposes only. Although Defender will use reasonable efforts to include accurate and up-to-date Content on this web site, it makes no warranties or representations as to the accuracy, completeness or currency of any Content. In addition, Defender cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. Defender may alter or delete Content from this web site at any time.
- Defender may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You may download, view, replay, copy and print Content, subject to the following:
- Content may be used solely for non-commercial, personal informational purposes;
- any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page;
- the Content may not be modified or altered in any way; and
- no graphics may be used separate from accompanying text.
- Requests for permission to use Content other than described above should be made to Defender’s Privacy Officer at firstname.lastname@example.org . Any rights not expressly granted herein are reserved. Please be advised that Defender enforces its intellectual property rights to the fullest extent of the law.
- Certain product, service, or company designations for companies other than Defender may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.
- Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any Content on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of Defender or such third party that may own the trademark or copyright of material displayed on this web site.
4. MEDICAL INFORMATION/CONDITIONS
- ANY CONTENT POSTED ON OUR WEB SITE RELATED TO MEDICAL CONDITIONS AND THEIR TREATMENT IS GENERAL IN NATURE AND IS INTENDED ONLY FOR EDUCATIONAL AND GENERAL INFORMATION PURPOSES. SHOULD YOU HAVE A MEDICAL CONDITION THAT MAY REQUIRE TREATMENT, OR IF YOU HAVE ANY SPECIFIC MEDICAL QUESTIONS, PROMPTLY SEE YOUR OWN DOCTOR OR HEALTH CARE PROVIDER. NOTHING ON THIS WEB SITE IS SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION ADVICE. WE DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT FROM THIS WEB SITE, AND NONE OF THE CONTENT CONTAINED ON THIS WEB SITE SHOULD BE CONSTRUED AS PROVIDING MEDICAL ADVICE OR SERVICES OF ANY KIND. ONLY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL CAN DETERMINE IF A PARTICULAR MEDICAL TREATMENT IS APPROPRIATE FOR YOU.
- ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION.
5. About Your Privacy
6. No Warranties
- THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DEFENDER DOES NOT WARRANT THAT: (i) THE CONTENT ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.
- IT IS THE USER’S RESPONSIBILITY TO ASCERTAIN WHETHER ANY CONTENT DOWNLOADED FROM THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.
- ALTHOUGH THE CONTENT OF THIS WEB SITE IS UPDATED PERIODICALLY, DEFENDER DOES NOT HAVE A DUTY TO UPDATE ANY SUCH CONTENT, AND DEFENDER WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH CONTENT. DEFENDER DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE CONTENT DISCLOSED OR ACCESSED THROUGH THIS WEB SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CONTENT CONTAINED IN THIS WEB SITE BEFORE RELYING UPON IT.
7. Limitation of Liability
- UNDER NO CIRCUMSTANCES SHALL DEFENDER NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, the “DEFENDER PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF ALNYLAM AND/OR THE APPLICABLE ALNYLAM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL THE TOTAL LIABILITY OF THE DEFENDER PARTIES (COLLECTIVELY AND IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEFENDER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, CONTENT AND/OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.
8. Indemnity and Release
- You agree to release, indemnify and hold the Defender Parties harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the web site, any User Content, your violation of these Terms and Conditions of Use or your violation of any rights of another party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
9. Links to Third-Party Websites
- These Terms and Conditions apply only to www.defenderpharma.com. This web site may contain links to non-Defender web sites. These links are provided to you as a convenience, and Defender is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from Defender, and Defender has no control over the content of that web site. In addition, a link to any non-Defender web site does not imply that Defender endorses or accepts any responsibility or assumes any liability for the content or use of such a web site. Your linking to any other web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.
10. No Implied Endorsements
- In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Defender of that third party or of any product or service provided by a third party.
11 .Export of Information
- The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No Content from this web site may be downloaded or otherwise exported in violation of United States law.
12. Jurisdictional Issues
- Defender makes no representation that the Content on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Enforcement of Terms and Conditions
- You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in St. Louis, Missouri, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
- If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Defender may, at its sole discretion and without notice, revise these Terms and Conditions at any time by updating this posting.
14. Entire Agreement
- This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Defender, as described above.
15. Additional Information
- If you have any questions about the rights and restrictions above, please contact Defender at email@example.com .
16. FORWARD-LOOKING STATEMENTS DISCLAIMER
- This web site, and the documents contained in (or directly accessible from) this web site, include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about our future expectations, plans, prospects and future operating results and any other statements containing the words “believes”, “expects”, “anticipates”, “plans”, “estimates” and similar expressions. There are a number of important factors that could cause Defender’s actual results to differ materially from those indicated by such forward-looking statements, including our approach to discover and develop drugs which may never lead to marketable products; obtaining, maintaining and protecting intellectual property; our ability to enforce our patents against infringers and to defend our patent portfolio against challenges from third parties; our ability to obtain additional funding to support our business activities; our dependence on third parties for development, manufacture, marketing, sales and distribution of our products; the successful development of products; obtaining regulatory approval for products; competition from others that are developing products for similar uses; and our short operating history. Defender disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was first made.
17. Cookie Notice