1.ACCEPTANCE OF TERMS OF USE
The following Terms of Use govern your use of the website located at aulosbio.com, which is owned and operated by Aulos Bioscience Inc. (“Aulos Bioscience”, “we,” “us” or “our”), and the services offered through the website (together, the “Site”). By accessing, browsing or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by these Terms of Use, including any additional terms and conditions applicable to certain areas of the Site and posted in those areas of the Site, which are incorporated herein by reference. If you do not agree to every provision of these Terms of Use, please do not access, browse, or use the Site.
Please read these Terms of Use carefully, as they (among other things) provide in Section 15 that you and Aulos Bioscience will arbitrate certain claims instead of going to court and that you will not bring class action claims against Aulos Bioscience. Please only use the Site if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and Aulos Bioscience. If you do not agree with any aspect of these Terms of Use, then do not use the Site. By accepting these Terms of Use, you represent and warrant that, if you have accepted these Terms of Use on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you have legal authority to do so.
Aulos Bioscience may make modifications, deletions and/or additions to these Terms of Use (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Aulos Bioscience provides notice of the Changes, whether such notice is provided on the Site, is sent to the email address associated with your account or otherwise, or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms of Use incorporating the Changes, whichever comes first.
You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws, and regulations. Any use of the Site in a manner inconsistent with these Terms of Use is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms of Use.
Aulos Bioscience’s Privacy Policy, at Privacy Policy (the “Privacy Policy”), describes the collection, use, and disclosure of data and information by Aulos Bioscience in connection with the Site. The Privacy Policy, as may be updated by Aulos Bioscience from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclosure practices set forth therein.
Note for Children. Use of the Site by anyone under the age of 18 is prohibited. By using the Site, you represent and warrant that are you at least 18 years of age.
2.MEDICAL INFORMATION
THE SITE MAY CONTAIN GENERAL INFORMATION RELATING TO CERTAIN MEDICAL CONDITIONS AND THEIR TREATMENT. SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OF THE SITE IS NOT INTENDED IN ANY WAY TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND SHOULD NOT BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE USING ANY PRODUCT DISCUSSED ON THE SITE. IF YOU HAVE AN URGENT MEDICAL ISSUE, CONTACT YOUR MEDICAL PROVIDER IMMEDIATELY.
3.SITE CONTENT
As between you and Aulos Bioscience, the Site and all material on the Site or contained therein, all text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by us or a third party, including all intellectual property rights therein (collectively, the “Site Content”). These materials are protected under copyright, trademark, and other laws. You may not copy, download (except as permitted by the normal functioning of your web browser’s cache), transmit, modify, distribute, or republish the Site or any portion of the Site, including without limitation any of the Site Content without the prior written consent of Aulos Bioscience. You may not sell, publicly perform or display, publish, edit, adapt, create derivative works of, reverse engineer, assign, sub-license, transfer, or otherwise exploit the Site or any Site Content. Except as expressly permitted under these Terms of Use, use of any Site Content is prohibited without the prior written permission of Aulos Bioscience. As long as you comply with these Terms of Use, Aulos Bioscience grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to access and make personal, non-commercial use of the Site in compliance with these Terms of Use. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Site or Site Content; (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms of Use. All rights not expressly granted herein are reserved.
You represent, warrant, and covenant that, in connection with these Terms of Use or the Site, you will not and will not attempt to: (i) violate any laws, third party rights, or our community guidelines and other policies; (ii) re-join or attempt to use the Site if Aulos Bioscience has banned or suspended you; (iii) defraud Aulos Bioscience or another user; or (iv) use another user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Site may be referred to the authorities.
4.AULOS BIOSCIENCE TRADEMARKS
The trademarks, trade names, logos, and service marks (collectively “Trademarks”) displayed on the Site are registered and unregistered trademarks and service marks owned by Aulos Bioscience or its subsidiaries or affiliates or a third party. These Trademarks are the property of Aulos Bioscience or third parties and shall remain the property of Aulos Bioscience and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Trademark without the prior written permission of Aulos Bioscience or such third party that may own such Trademark. Your misuse of any such Trademark, or any other Site Content, is strictly prohibited.
5.REGISTRATION
Some of the Site may require registration. Each registration is for a single user only. In consideration of your use of the Site, you agree to provide accurate, current, and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your email address) you provide as necessary to keep the information true, accurate, current, and complete.
Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
After you register on the Site, you may receive a password for your use of the Site. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6.LEGAL REQUIREMENTS
Where Aulos Bioscience has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Aulos Bioscience may disclose IP addresses, personal information, and any contents of the Site to applicable authorities. Please see the Privacy Policy for additional information relating to the privacy and security of information collected in connection with your access and use of the Site.
7.YOUR USE OF THE SITE
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, email, or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND AULOS BIOSCIENCE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR. You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including email addresses, about other users of the Site; (c) Transmit any User Content that: (i) you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) infringes any patent, copyright, trademark, or other intellectual property right or misappropriates or violates any trade secret or right of privacy of any third party; (iii) constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer, or exploit for any commercial purposes, any portion of the Site, the Site Content, or any User Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Aulos Bioscience’s prior written permission; (j) include in any third-party website any hypertext link to any page or location within the Site without Aulos Bioscience’s prior written permission; (k) mirror or display the Site or any portion thereof in frames without Aulos Bioscience’s prior written permission; or (l) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
Without limitation, you acknowledge and agree that Aulos Bioscience may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms of Use; (b) complying with any laws, regulations, or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Aulos Bioscience, its customers, or the public. With respect to User Content that you Transmit to the Site, you grant Aulos Bioscience an unlimited, worldwide, perpetual, worldwide, royalty-free, non-exclusive, transferable license to use, copy, excerpt, reproduce, display, publish, modify, distribute, derivative works of, and otherwise exploit such User Content in any form or media, and to allow others to do so, however, Aulos Bioscience will only share personally identifiable information that you provide in accordance with our Privacy Policy. You also hereby grant to each user of the Site a non-exclusive license to access, view, and/or download User Content as permitted by the functionality of the Site. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products, or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how, and expertise relating to such information.
Aulos Bioscience does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Aulos Bioscience is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site. However, Aulos Bioscience may investigate an allegation that any User Content does not conform to these Terms of Use and may determine in good faith and in its sole discretion whether to remove such User Content, which it reserves the right to do at any time.
8.LINKED SITES
Aulos Bioscience has not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by Aulos Bioscience. Your choice to follow any link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. These Terms of Use do not apply to such websites. Aulos Bioscience reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Aulos Bioscience. Aulos Bioscience has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
9.SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Site is hosted in the United States of America and is intended for use by residents of the United States of America only. All matters relating to the Site are governed exclusively by the laws of the State of Delaware in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
10.INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Aulos Bioscience, its subsidiaries and affiliates, business partners, licensors, contractors, clients and service providers, and our and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any violation of these Terms of Use by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site, provided that the foregoing does not obligate you to the extent the claims, liabilities, costs, or damages arise out of the Company’s willful misconduct or gross negligence. Aulos Bioscience reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
11.AVAILABILITY AND FEATURES
Availability and features of the Site are subject to change without notice.
12.TERMINATION
You acknowledge and agree that Aulos Bioscience may terminate your access to use of the Site for any reason, including, without limitation, your violation of these Terms of Use. You agree that Aulos Bioscience may terminate your access to and use of the Site without prior notice and without any liability to you or any third party. You acknowledge and agree that Aulos Bioscience may modify, limit, suspend, or discontinue the Site or any part of the Site at any time, without notice or liability to you. Aulos Bioscience may also, from time to time, establish general rules and policies regarding use of the Site. Aulos Bioscience will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site, and that such rules and policies form part of and are hereby integrated in these Terms of Use. Aulos Bioscience shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data. All provisions of these Terms of Use that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses to Aulos Bioscience). Without limitation, any license granted to you under these Terms of Use shall terminate upon termination of these Terms of Use. Aulos Bioscience reserves the right to, but has no obligation to, store or keep copies of any Site Content, User Content, or other information, unless otherwise required by law or court order.
13.DISCLAIMERS AND LIMITATION OF LIABILITY
AULOS BIOSCIENCE IS PROVIDING THE SITE AND ALL FEATURES OF THE SITE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. AULOS BIOSCIENCE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE. AULOS BIOSCIENCE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. AULOS BIOSCIENCE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE. AULOS BIOSCIENCE MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND AULOS BIOSCIENCE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
IN NO EVENT SHALL AULOS BIOSCIENCE, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF AULOS BIOSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT. YOU SPECIFICALLY AGREE THAT AULOS BIOSCIENCE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF AULOS BIOSCIENCE AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AULOS BIOSCIENCE TO ACCESS AND USE THE SITE OR $50 UNITED STATES DOLLARS. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS OF USE, AULOS BIOSCIENCE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
14.GOVERNING LAW AND JURISDICTION
Aulos Bioscience operates the Site from its offices in Larkspur, California, U.S.A. These Terms of Use and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement shall be governed by the laws of the State of Delaware, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the United States, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms of Use that is not subject to arbitration under Section 15 shall be the state and federal courts in Delaware, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms of Use that is not subject to arbitration under Section 15 and agree to service of process on you by email to the address you have submitted on the Site, if any, and by any other means permitted by law.
15.ARBITRATION
This Section 15 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Aulos Bioscience arising out of, relating to, or resulting from these Terms of Use, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
THIS PARAGRAPH IS THE “CLASS ACTION WAIVER.” THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in these Terms of Use. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Aulos Bioscience.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Aulos Bioscience may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of Delaware, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Class Action Waiver are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
16.NOTICE
All notices, demands, or consents given by you under these Terms of Use will be in writing and will be deemed given when delivered to Aulos Bioscience at the following contact: Aulos Bioscience, 700 Larkspur Landing Circle, Suite 108, Larkspur, CA 94939.
Any notices to you may be made via either email or postal mail to the address in Aulos Bioscience’s records or via positing on the Site, and you hereby consent to electronic delivery of any such notices.
Please report any violations of these Terms of Use to Aulos Bioscience at the contact listed above.
17.MISCELLANEOUS
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Headings in these Terms of Use are for convenience only and shall have no legal meaning or effect. No action arising under these Terms of Use may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms of Use, and not the conduct between us or any trade practice, shall control the interpretation of these Terms of Use between the parties respecting the Site. Aulos Bioscience’s failure to enforce a particular provision of these Terms of Use does not mean that Aulos Bioscience waives the right to enforce it in the future; Aulos Bioscience shall waive such a right only in writing.
These Terms of Use and all other written agreements duly executed between you and Aulos Bioscience in connection with your use of the Site constitute the entire agreement between you and Aulos Bioscience with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.
Last Updated: December 22, 2021