Terms and Conditions
Welcome to the website for Renova Therapeutics, Inc. Renova Therapeutics operates the website at the domain name renovatherapeutics.com and all other domain names that forward to this site (together, the “Websites”). We offer information about our products and services (collectively, the “Services”) through our Websites. The Services and the Websites are hosted in the United States.
- Acceptance of the Terms and Conditions
Additional Terms May Apply. We may require you to agree to additional terms and conditions (“Additional Terms”) in order to use our Services or visit certain areas of the Websites. In such cases, you may be required to expressly consent to such Additional Terms. If any part of such Additional Terms differs from this Agreement, the terms of the Additional Terms will supplement and amend this Agreement, but only with respect to the matters governed by the Additional Terms. This Agreement does NOT cover use of our products and services.
Age of Users. We do not intend the Websites to be used by minors under the age of 13 and specifically prohibit the use of the Websites by persons under the age of 13. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an account or making use of the Services. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
Content. All materials contained on the Websites, including all aspects of the Services and the graphics, photographs, text, software, code, and look and feel of the Websites (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements with third parties. The Content may be protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement without our prior written consent. Except as expressly authorized in this Agreement or in writing by us or applicable third parties, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, publicly perform, scrape, or in any way exploit the Content or any part of the Websites, in whole or in part.
Limited License for Non-Commercial Use. You may copy Content from the Websites for non-commercial use only, provided any copy of the Content you make shall retain all copyright and other proprietary notices and any disclaimers contained in or with that Content. The Websites are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Websites or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites, is prohibited.
Trademarks. The trademarks, service marks, and logos of Renova Therapeutics (the “Renova Trademarks”) used and displayed on our Websites are registered and unregistered trademarks or service marks of Renova Therapeutics. Other company, product, and service names located on the Websites may be marks owned by third parties (the “Third Party Trademarks,” and collectively with the Renova Trademarks, the “Trademarks”). Use of the Trademarks, except as permitted in this Agreement, is expressly prohibited. Nothing contained in this Agreement shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to use the Trademarks.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to Services descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Right to Alter or Remove Content. We reserve the right to alter or delete materials from our Websites at any time, at our sole discretion and without notice to you. We also reserve the right to remove any abusive, illegal, or incorrect user postings or third party content from the Websites at any time, at our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any Services, content, feature or product offered through the Websites.
User Submissions. We are pleased to hear from users and welcome your comments regarding our Services and Websites, but we ask that you not submit confidential or proprietary information or trade secrets to us. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Renova Therapeutics employees and agents might seem to be similar to creative works submitted by users. You agree that any information, materials, ideas, or comments sent to us will be deemed non-confidential, and by submitting such information, you are granting us an irrevocable license to use, modify, reproducer, transmit, display, and distribute it for any purpose whatsoever with no payment or compensation to you.
Notice of InfringementWithout limiting the foregoing, if you believe that any Content on the Websites constitutes an infringement of your copyrights, please contact us immediately at [email protected] and include the words “Notice of Infringement” in the subject line.
The Websites may contain links to external websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
- Third Party Content
The Websites may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information.
- Electronic Communications
When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
- Medical Information is Not a Substitute for Medical Advice
The information and advice published or made available through the Websites is for informational purposes only, is not a substitute for professional medical advice or services, and does not constitute a physician-patient relationship. You should not use the information on the Websites for diagnosing or treating a medical or health condition. You should consult a physician or other health care provider in all matters relating to your health, and particularly with respect to any symptoms that may require diagnosis or medical attention. Any action on your part in response to the information provided on the Websites is at your discretion. We make no representations or warranties with respect to information offered or provided on the Websites regarding treatment, action, or application of medication or services.
- International Use
- Termination of the Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites or Content at any time and for any reason without prior notice or liability. The following sections shall survive the termination of this Agreement: Content, Links, Third Party Content, Disclaimers and Limitation of Liability, Applicable Law, Arbitration, Class Waiver and Waiver of Jury Trial, Indemnification, Termination of the Agreement, and General Terms.
- Released Parties Defined.
“Released Parties” includes Renova Therapeutics, Inc. and its affiliates, officers, employees, agents, partners, licensors, and any Renova Therapeutics providers.
- DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
INFORMATION ACCESSED THROUGH THE WEBSITES IS PRESENTED IN SUMMARY AND INTERACTIVE FORM AND IS NOT EXHAUSTIVE. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES; OR (IV) THAT THE WEBSITES, SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF THE RELEASED PARTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RENOVA THERAPEUTICS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES OR THE PURCHASE OF ANY SERVICES THEREFROM, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID THE RELEASED PARTIES IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
- Applicable Law
The Websites are created, hosted, and controlled by Renova Therapeutics in the State of California. As such, this Agreement and the relationship between you and the Released Parties shall be governed by the laws of the State of California, without regard to its conflict of laws provisions.
You agree to contact us at [email protected] regarding any claim or controversy arising out of or relating to this Agreement or your use of the Websites. You and the Released Parties agree to submit to the personal and exclusive arbitration of any arising out of or relating to this Agreement or your use of the Websites under the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Any such arbitration, to the extent necessary, shall be held and conducted by a single arbitrator in accordance with the JAMS Rules in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
YOU AGREE NOT TO SUE RENOVA THERAPEUTICS IN ANY OTHER FORUM. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that the Released Parties may recover reasonable attorneys’ fees from you if we prevail in an action for injunctive relief against you.
- Class Waiver and Waiver of Jury Trial
You explicitly acknowledge and agree that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Websites or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
You agree to indemnify and hold the Released Parties harmless from any loss, liability, action, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to (i) your breach of this Agreement, (ii) your access to, use or misuse of, or reliance on the Content or Websites, and (iii) your use of or reliance on any third party content. We shall provide notice to you promptly of any such loss, liability, action, claim, or demand.
- General Terms
This Agreement constitutes the entire agreement between you and the Released Parties concerning your use of the Websites. Our failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Websites might be publicly accessible. Important and private information should be protected by you.
Please contact us at [email protected] with any questions regarding this Agreement.