Terms of Use

Last Updated: October 6, 2015

THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND ABIDE THERAPEUTICS INC. (“ABIDE THERAPEUTICS”, “WE”, OR “US”) AND GOVERN YOUR ACCESS TO AND USE OF THE OUR WEBSITE LOCATED AT WWW.ABIDETX.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SITE OR ANY INFORMATION AVAILABLE ON THE SITE. WE MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED SIGNIFIES YOUR AGREEMENT TO THE NEW TERMS. If you are a corporation or other organization, the individual accepting this agreement and accessing the site represents and warrants that they are duly authorized to accept this agreement on your behalf.

1. CONTENT

Abide Therapeutics provides content and information (“Materials”) on and through the Site that is proprietary and protected by intellectual property laws and conventions, including laws related to copyright, patent, and trademark protection in the United States and other jurisdictions. All rights are reserved. Without limiting the generality of the preceding sentence, you have no right to distribute, modify, edit, copy, reproduce, or create derivative works of any of the Materials in any manner without the express written consent of Abide Therapeutics.

2. PRIVACY POLICY

Your use of the Site is governed by the Abide Therapeutics Privacy Policy, which is available here.

3. LINKS TO THIRD PARTY SITES

This Site may be linked to other sites that are not Abide Therapeutics sites. Abide Therapeutics is providing these links to you only as a convenience, and Abide Therapeutics is not responsible for the content or links displayed on such sites.

4. DISCLAIMER OF WARRANTIES

Your use of this Site and the Materials is at your own risk. The Materials may include inaccuracies or typographical errors. Abide Therapeutics does not warrant the accuracy, usefulness or timeliness of the Materials, and has no liability for any errors or omissions in the Materials. Abide Therapeutics controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.

ABIDE THERAPEUTICS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY, AND ABIDE THERAPEUTICS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

5. LIMITATION OF LIABILITY

ABIDE THERAPEUTICS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR MATERIALS. IN NO EVENT SHALL ABIDE THERAPEUTICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF ABIDE THERAPEUTICS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF ABIDE THERAPEUTICS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS IS THE GREATER OF (i) THE AMOUNT YOU HAVE PAID TO ABIDE THERAPEUTICS FOR ACCESS TO THE SITE OR (ii) TEN UNITED STATES DOLLARS.

6. GENERAL PROVISIONS

Abide Therapeutics may terminate your access to the Site without notice, for any reason or no reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in San Diego, California. If any provision of these Terms is found to be unenforceable, then such provision shall be interpreted to reflect the intentions of the parties, and all other provisions will remain in full force and effect. Abide Therapeutics’ failure to enforce any of these Terms is not a waiver of such term. The disclaimer of warranties, limitation of liability, and general provisions shall survive any termination of these Terms.