Terms of Use

Terms and Conditions Governing the Use of the Artax Biopharma Website (the “Terms”)

Introduction

Welcome to the Artax Biopharma website (“website”). Artax Biopharma (“Artax Biopharma” “we” “us” or “our”) created and maintains this website to provide information to and communicate better with physicians, patients, investors and others who may be interested in learning more about Artax Biopharma and the products and services it offers. You may use this website provided you comply with these terms and conditions.

In addition to these terms and conditions you should also read and be aware of the provisions of our Privacy Policy which discloses Artax Biopharma practices regarding the collection and use of your personal data and other policies that govern other parts of our website.

Your Acceptance of These Terms and Conditions

Please take a few minutes to review these terms and conditions carefully. By accessing and using this website you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions you may not access use or download materials from this website.

Grant of Rights to Users

Based on your agreement to comply with these Terms we grant you the right to access and use all publicly available areas of our website and Website Content (as defined below) in order to: (i) learn more about Artax Biopharma and our services and products; (ii) provide information to us through our website; (iii) download and print pages on our website; and (iv) access any services available through the website (collectively the “General Permitted Purposes”). We strictly prohibit use of the website and Website Content for any purpose other than the General Permitted Purposes.

Artax Biopharma Ownership; Reservation of Rights

All information, articles, resources, software, artwork, trademarks, text, video, audio, pictures, logos and other content on the website including all associated intellectual property rights (collectively the “Website Content”) are the property of Artax Biopharma and its licensors are protected by U.S. and international copyright and other intellectual property laws or are used under principles of fair use. Artax Biopharma and its licensors retain all rights with respect to the website except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify or create derivative works from the Website Content or other components of the website unless specifically authorized in writing to do so by Artax Biopharma. The term “Website Content” expressly excludes Submitted Content.

Submitted Content

The term “Submitted Content” means information that you submit to our website or otherwise make available to us including but not limited to: (i) feedback, comments and suggestions you provide to us; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; and (iv) any other information or materials you provide to us or post directly or indirectly on our website.

Grant of Rights in Submitted Content

By providing Submitted Content and subject to your rights in personal data set out in our Privacy Policy you authorize us to copy, modify, display, distribute, perform, use and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively the “Use Rights”). In addition you authorize us to permit third parties to exercise these Use Rights as necessary. By way of example the Use Rights include the right for us to publish Submitted Content on our website in whole or in part and whether cropped, adopted, altered or otherwise manipulated for as long as we choose.

Requisite Permission for Providing Submitted Content

By providing Submitted Content you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein) or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights.

Submitted Content Containing Personal Data

If you provide Submitted Content to us that includes personal data (as such term is defined in our Privacy Policy) we will treat such Submitted Content in accordance with our Privacy Policy.

Right to Decline Submitted Content

We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content for any reason including but not limited to if we conclude in our sole discretion that the Submitted Content violates these Terms or our Privacy Policy or is incompatible with the purposes of our website or operations.

Code of Conduct; Revocation or Suspension of Use Privileges

By using our website you agree to comply with these Terms and to follow our code of conduct (the “Code of Conduct”) which is set out below. Under this Code of Conduct you shall not:

Use the website for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable or otherwise prohibited by these Terms.
Use the website in a manner that could disable, overburden or impair the website or interfere with another party’s use and enjoyment of the website such as through sending “spam.”
Seek to obtain access to any Website Content, materials, accounts or information through hacking, data harvesting, data mining or through other means we have not intentionally made available to you through the website.
Infringe Artax Biopharma’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

We reserve the right at any time to terminate or suspend your use of some or all of the website if you engage in activities that we conclude in our sole discretion breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Warranty Disclaimer

ARTAX BIOPHARMA DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR WITHOUT INACCURACIES. THE WEBSITE AND WEBSITE CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT OR USE THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE YOU DO SO AT YOUR OWN RISK. ARTAX BIOPHARMA DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM OR ACCESS VIA THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.

ARTAX BIOPHARMA DISCLAIMS: (I) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (II) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (III) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE WILL ARTAX BIOPHARMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE. IN NO EVENT SHALL ARTAX BIOPHARMA’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE EXCEED U.S. $100.00.

Indemnity

You agree to defend, indemnify and hold Artax Biopharma and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms including without limitation a claim that Submitted Content or other material that you provide to us violates rights held by a third party or applicable law.

Monitoring Website Use

You agree that we have the right and discretion to monitor any activity and content associated with our website. We may investigate any reported violation of these Terms or complaints relating to the website and may take any action that we believe is appropriate including but not limited to removing materials and terminating/suspending your access to the website.

Assignment

These Terms shall not be assignable by you either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

General

These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts sitting in the judicial district that includes Cambridge, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Survival

In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Artax Biopharma Ownership; Reservation of Rights; (ii) Submitted Content; (iii) Warranty Disclaimer; (iv) Limitation of Liability; (v) Indemnity; (vi) General; and (vii) Survival.

These Terms and Conditions May Change

Artax Biopharma reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason we encourage you to review these terms and conditions every time you use this website.

These terms and conditions were last revised on 6.17.2024.

Forward-Looking Statements

This website contains express or implied forward-looking statements which are based on expectations and plans of management. These statements relate to among other things our expectations regarding management’s plans, objectives and strategies. These statements are neither promises nor guarantees of future performance and are subject to a variety of risks and uncertainties many of which are beyond our control, which could cause actual results to differ materially from those contemplated in these forward-looking statements. In addition any forward-looking statements represent our views only as of today and should not be relied upon as representing our views as of any subsequent date. We explicitly disclaim any obligation to update any forward-looking statements.

Updates

Artax Biopharma may make improvements and/or changes to this website at any time. Although we attempt to update information periodically on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. We make no representation that the information on this website is current, complete or accurate and we undertake no obligation to update or revise the information contained on this website whether as a result of new information, future events or circumstances or otherwise. Artax Biopharma will not be liable for any failure to update such information. It is your responsibility to verify any information contained in this website before relying upon it.

Links

This website may contain links to websites operated by other parties. The linked sites are not under the control of Artax Biopharma and Artax Biopharma is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply Artax Biopharma’s endorsement of material on any other site and Artax Biopharma disclaims all liability with regard to your access to such linked websites. Artax Biopharma provides links to other Internet sites as a convenience to users and access to any other Internet sites linked to this website is at your own risk.

Complete Agreement

These Terms must be read in conjunction with our Privacy Policy and the provisions of our Privacy Policy are incorporated herein. To the extent that the Terms conflict with the Privacy Policy the terms of the Privacy Policy shall control. Please note that except as expressly stated otherwise these Terms only apply to your use of our website. These Terms and the Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding whether written or oral.