Terms of Use

Welcome to the Kibow Therapeutics web site at www.kibowtx.com. The information provided on this site is for general informational and educational purposes only. The following Terms of Use apply to your use of this site and any of the content, materials or services provided in or through this site. Please read these Terms of Use before accessing or using this site. By accessing or using this site, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use set forth below, just as if you had signed them, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. You may not access or use this site or accept the Terms of Use if you are not of legal age to agree to these Terms of Use. If you are not willing to be bound by these Terms of Use, you may not access or use this site.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Use of Site

Material from this site may be accessed solely for personal, non-commercial use, and users assume any and all responsibility for such use. Neither this site nor any portion of this site may be copied, reproduced, distributed, displayed or otherwise used or exploited for any commercial purpose without Kibow Therapeutics’s written authorization. All copyright and other proprietary notices contained in the site materials must be preserved and retained.

Users of this site must agree, and by using the site hereby agree, to comply with all laws and regulations applicable to use of this site. Use of this site (i) to cause injury or damage to, or to harass or defame, any other business or individual, (ii) to collect information from the site using automated means, bots, or software agents, (iii) to interfere with the proper functioning of the site or otherwise use or access the site in any way not permitted by these Terms of Use, or (iv) for any other criminal, tortious, or unlawful purpose or for any purpose that violates the intellectual property rights or other rights of any persons, is prohibited.

The information on this site should not be construed as a solicitation or promotion for any product or service, or for the use of any product or service in a way that is not authorized by the laws and regulations of the country in which the user is located. Users of this site assume all risk arising from use of this site.

Important Disclaimer; Medical Information

Medical information provided on this site is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis or treatment. The information on this site is not intended as a substitute for professional medical advice. In particular, you should not rely upon the content contained herein for diagnosing a health problem or disease. Due to the rapid nature of change in medical science, the information provided on this site may not be current. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition you or your family might have. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

Forward-Looking Information

This site contains forward-looking information about Kibow Therapeutics’s business, operations and financial condition. Words such as “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “seeks” and similar expressions that may be used on this site are intended to identify forward- looking statements that are subject to various known and unknown risks and uncertainties beyond Kibow Therapeutics’s reasonable control. Such risks and uncertainties include, but are not limited to, those arising from research and development, clinical trials, regulatory approvals, third-party reimbursement, reliance on third-party manufacturers and suppliers, commercialization, competition, patents, product liability and adequate financing. Actual results may differ materially from the forward-looking information provided, and such forward-looking information is only current as of the time it was originally included in this site.

The information on this site is not intended and should not be construed as an offer to sell securities.

Proprietary Rights

We have invested a significant amount of time, effort, and resources in the creation of this site, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that Kibow Therapeutics and/or its licensors retain all right, title, and interest in this site (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programs and other information provided on or to this site, whether by Kibow Therapeutics or users and whether in print, machine-readable, visual or audible form (altogether, “Kibow Therapeutics Content”). You may access, download, display, print and retain Kibow Therapeutics Content from this site solely for your own personal educational use. The Kibow Therapeutics Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Kibow Therapeutics, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use of any Kibow Therapeutics Content, except as permitted herein, is expressly prohibited. No license or right is intended to be conveyed to you under any trademark of Kibow Therapeutics or any third party, whether by implication, estoppel or otherwise. Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. All rights in and to the Kibow Therapeutics Content not expressly granted herein are reserved by Kibow Therapeutics and its licensors. You agree that submission of any ideas, suggestions, documents, and/or proposals to Kibow Therapeutics through its suggestion, feedback or similar pages (“Feedback”) is at your own risk and that Kibow Therapeutics has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Kibow Therapeutics a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

Links / Third Party Content

Kibow Therapeutics may link this site to third party web sites. The links provided through this site are not under the control of Kibow Therapeutics and are provided strictly for your convenience. Kibow Therapeutics does not represent, warrant, or endorse such web sites, and is not responsible or liable for the accuracy, currency, completeness, availability or reliability of such web sites or the content, products or services obtained from such web sites. Kibow Therapeutics shall have no liability for any damages or injuries of any kind arising from the content of or products or services obtained from such web sites. Kibow Therapeutics is also not responsible or liable for any content on this site that has been provided by third parties.

Disclaimer of Warranties

THIS SITE IS PROVIDED BY KIBOW THERAPEUTICS ON AN “AS IS” BASIS. KIBOW THERAPEUTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KIBOW THERAPEUTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT AND KIBOW THERAPEUTICS MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS SITE. USE OF THIS SITE WILL NOT BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS SITE IS FREE OF VIRUSES.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KIBOW THERAPEUTICS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KIBOW THERAPEUTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; OR (4) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL KIBOW THERAPEUTICS OR ITS LICENSORS BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).

Changes

Kibow Therapeutics reserves the right to make changes to this site and these Terms of Use at any time without notice. Even though Kibow Therapeutics periodically updates the content of this site, the information on this site, including press releases, may be incomplete or may not be current. Kibow Therapeutics expressly disclaims any obligation to update or correct information provided on this site. Kibow Therapeutics makes no representations or warranties regarding the accuracy and completeness of this site, and does not assume any liability or responsibility for any errors or omissions on this site.

Void Where Prohibited

Although the information on this site is accessible to users outside of the U.S. and Canada, the information on this site pertaining to Kibow Therapeutics’s products is intended for use only by residents of Canada and the U.S. Any offer made on this site for any product or service is void where prohibited.

Privacy Policy

Kibow Therapeutics respects the privacy of its users and has created a Privacy Policy that explains Kibow Therapeutics’s policies with respect to personal information disclosed to Kibow Therapeutics via this site, www.kibowtx.com.

Indemnity

Users of this site must agree and by using the site hereby agree to indemnify, defend and hold Kibow Therapeutics, its officers, directors, employees, consultants and agents harmless from and against any and all claims, liabilities, losses, damages, and costs, including attorney’s fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of this site or its contents, including without limitation any violation of these Terms of Use.

Termination of Usage

We may terminate or suspend your access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this site or is in violation of any applicable law or these Terms of Use.

DISPUTE RESOLUTION. APPLICABLE LAW PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for disputes brought in small claims court, all disputes, claims, demands, or causes of action between you and Kibow Therapeutics arising out of, relating to or in connection with the site or these Terms of Use shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. YOU AND KIBOW THERAPEUTICS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. These Terms of Use are subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if Kibow Therapeutics makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Kibow Therapeutics. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

Miscellaneous

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Kibow Therapeutics and supersede any and all other agreements, representations, and understandings, whether written or oral regarding this site. These Terms of Use may not be modified or amended by you without the prior written consent of Kibow Therapeutics. Kibow Therapeutics may modify or amend these Terms of Use at any time without notice to you. You should regularly review these Terms of Use for any modifications or amendments. Your continued use of this site after modification or amendment signifies your assent and agreement to these Terms of Use, as amended. If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable, then you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses and provisions. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are for convenience only and are not to be used in determining the meaning or interpretation of these Terms of Use.

Questions

If you have any questions about the foregoing, please contact Kibow Therapeutics: