Terms of Use
These Terms of Use (these “Terms“) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “user“), and the Yarrow Bioscience, Inc. (“Company,” “we,” “us,” or “our“) concerning your access to and use of this website [yarrowbioscience.com] and the information contained therein (“Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and acknowledge and understand our Privacy Policy, which can be found at [yarrowbioscience.com/privacy-policy] and is incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A CLASS ACTION WAIVER, AND A WAIVER OF JURY TRIAL.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
1. GENERAL INFORMATION
This Site is provided for information purposes only. Its contents are intended for investors with professional experience and knowledge in relation to financial investments.
The Company is based in the United States and the Site is directed to people residing in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
2. IMPORTANT DISCLAIMERS REGARDING INVESTOR INFORMATION
No Offer or Solicitation
This Site is provided for general information purposes only. Nothing contained herein constitutes an offer, solicitation or recommendation regarding any products or services provided by the Company, or an offer to sell or the solicitation of an offer to buy any security. Nothing in this Site is intended to, nor shall constitute, investment, legal, tax or other professional advice. You should not take any actions based on this Site without seeking professional advice.
No Investment Advice
The information provided on this Site is for general informational purposes only and does not constitute investment, financial, legal, tax, or other professional advice. You should consult with your own advisors before making any investment decisions regarding the Company’s securities.
No Medical Advice
The information on this website is provided for informational and investor relations purposes only. Nothing on this website constitutes medical advice, a solicitation of patients, a recommendation to seek or avoid any particular medical treatment, or a substitute for the advice of a qualified healthcare professional. Visitors should not rely on information presented here to make healthcare decisions.
Regulatory Uncertainty
FDA designations do not guarantee that any investigational product will receive FDA approval. Past clinical trial results are not necessarily predictive of future results. Regulatory approval processes are uncertain, lengthy, and subject to factors outside the Company’s control.
3. CHANGES TO THE TERMS OF USE
We may revise and update these Terms from time to time in our sole discretion. The updated version will be indicated by the “Last Updated” date at the top of these Terms. If we make material changes to these Terms, we will notify you by prominently posting a notice of such changes on the Site. We encourage you to review these Terms frequently.
Your continued use of the Site following any changes to these Terms shall constitute your acceptance of such changes. If you do not agree to the changes, you must discontinue your use of the Site.
4. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the trademarks, service marks, and logos contained therein (collectively, the “Content” and the “Marks“). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Site “AS IS” for your personal, non-commercial use only. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Site; and
- download or print one copy of any portion of the Content to which you have properly gained access,
in each case solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in these Terms, no part of the Site and no Content or Marks may be copied, downloaded, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, offered for sale, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We reserve all rights not expressly granted to you in and to the Site, Content, and Marks. Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use our Site will terminate immediately.
Your Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Site (“Submissions“), you agree to assign and hereby irrevocably assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Trademarks
The Company name, Company logo, “Yarrow Bioscience,” “YB-101,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Copyright Notifications
The U.S. Digital Millennium Copyright Act (“DMCA“) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded to the Site or otherwise made available on the Site infringes upon any copyright which you own or control, you may so notify us at: info@yarrowbioscience.com. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Site who are deemed to be repeat infringers.
5. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- you have the legal capacity to agree to comply with these Terms;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the Site for any illegal or unauthorized purpose; and
- your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).
6. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors without our express prior written permission. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
We may, in our sole discretion, terminate your access to or use of this Site for any reason, including without limitation where we believe that you have not acted in accordance with the Terms.
7. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites (“Third-Party Websites“), as well as articles, photographs, text, graphics, pictures, designs, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
8. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
9. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
Any dispute arising out of or related to these Terms or your use of or inability to use the Site shall be submitted for and resolved by confidential, binding arbitration by the American Arbitration Association (“AAA“) in accordance with its Commercial Arbitration Rules; provided that we shall have the right, in the event that you violate or threaten to violate applicable law or our intellectual property rights, to obtain injunctive relief or other appropriate relief from a court of competent jurisdiction.
The arbitration proceedings will be heard by one independent arbitrator. Hearings will be conducted via teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. In-person hearings will take place at a mutually agreeable location or, in the event we are unable to agree on a location, at a location that is reasonably convenient for both parties, as determined by the arbitrator.
The arbitrator’s decision will be final and binding, and judgment on the arbitration award may be entered into by any court of competent jurisdiction. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group, or class proceeding. The arbitrator may award injunctive relief or relief providing for specific performance of these Terms as to only the individual claim before the arbitrator.
Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION.
YOU AGREE THAT YOU WILL NOT FILE OR SEEK A CLASS ARBITRATION, OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION, AGAINST US.
Jury Trial Waiver
YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Limitations Period
ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE THAT IS NOT COMMENCED WITHIN TWELVE (12) MONTHS FROM THE OCCURRENCE OF THE FACTS GIVING RISE TO SUCH CLAIM OR ACTION SHALL BE BARRED.
Governing Law and Venue
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Subject to the foregoing agreement to arbitrate, you hereby agree to submit to the exclusive personal jurisdiction of the state and federal courts in Wilmington, Delaware for any matters not subject to arbitration.
10. DISCLAIMER OF WARRANTIES
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY STOCK PRICE INFORMATION, FINANCIAL DATA, OR OTHER INVESTOR INFORMATION DISPLAYED ON THE SITE. SUCH INFORMATION MAY BE DELAYED AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
11. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
CERTAIN JURISDICTIONS HAVE LAWS THAT DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us, our subsidiaries, our affiliates, and all of our and their respective officers, directors, employees, agents, and partners, harmless from and against any losses, damages, payments, liabilities, claims, deficiencies, awards, assessments, judgments, penalties, fines, interest, costs or expenses, including reasonable attorneys’ fees and out-of-pocket expenses arising out of, related to, or connected with:
- your use of the Site;
- your breach of these Terms;
- any breach of your representations and warranties set forth in these Terms;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
14. ACCESSIBILITY
Company is committed to ensuring that this Site is accessible to individuals with disabilities in accordance with Title III of the Americans with Disabilities Act (ADA) and applicable state laws, including California’s Unruh Civil Rights Act. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA, and we are continuously working to identify and remediate accessibility barriers across all web pages, documents, and media hosted on this site. If you experience difficulty accessing any content on this website or require information in an alternative format, please contact us at through means provided in Section 15 below.