Acer Therapeutics Terms & Conditions

Website Terms and Conditions of Use

Acer Therapeutics is pleased to provide you with this website and its content for general informational purposes. Please carefully read these Terms and Conditions of Use relating to the use of our website. By using our website, you agree to these Terms and Conditions without limitation or qualification. These Terms and Conditions of Use represent the entire agreement between you and Acer relating to the subject matter herein and shall not be modified except by Acer as provided herein or through a written document signed by both parties.

By visiting this website, you are agreeing to our terms and conditions of use. If you do not agree to these Terms and Conditions, please do not use our website.

We reserve the right to change, modify, add, or remove of these Terms and Conditions or any portion of them at any time with or without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our website. If you are dissatisfied with the Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the website. If you violate any of these Terms, your permission to use our website and any content or materials downloadable, printable or otherwise available from this website (the “materials”) automatically terminates and you must immediately destroy any copies you have made of the materials.

Intellectual property
The entire contents of this website are subject to copyright protection. You may not copy the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Acer. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Acer, its affiliates or any third party. Acer prohibits the use of any Acer trademark, or any related graphic, as a “hot link” to any website unless approved by Acer.

All product names, whether or not appearing in large print or with the trademark or registered symbols, are trademarks of Acer, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Acer actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Acer’s site and the information contained therein is the property of Acer and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the website does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the website does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the website unless we expressly permit you to in these Terms.

No Medical Advice

Neither Acer nor this website offer or provide medical advice and website users are urged to consult their health care providers with any medical, drug, or health-related questions.

Please do not ask Acer for–or rely on–anything that we communicate as medical advice. Although Acer’s website may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about medicine is accurate, it may not apply to you or your or your dependent’s symptoms.

This website and the materials are intended for educational purposes only. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

In an effort to assist patients in identifying medical resources, we have contracted with certain health care institutions that consider themselves to have expertise in the research, diagnosis and treatment of particular diseases or health conditions. These third parties may be mentioned on this website and this website may provide a link to those third party websites.

The medical information contained on this website is, at best, general and cannot substitute for the advice of a medical professional (like a qualified doctor/physician, nurse, or other healthcare provider). We are not doctors. No one at Acer can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our website as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.

Acer makes no warranties or representations, and expressly disclaims any responsibility for, the information or treatment that you may receive from any listed health care provider.

You should never disregard or delay seeking medical advice because of something that you have seen or heard on Acer websites and mobile applications. Please consult with your doctor, or other qualified healthcare professional, before using any product discussed on the Acer websites and mobile applications. With respect to prescription drugs and other medications and therapies, the doctor prescribing such drug is advised to check the product information sheet to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range.

The contents of our website, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, licensors, and other material are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy and expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review, control, or make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties.

We recommend you use discretion when accessing third party sites linked to our website.

Forward-looking Statements

Our website contains forward-looking statements, including statements regarding Acer’s future performance and strategy. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.

Forward-looking statements on our website are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these statements including, among others, our ability to successfully complete preclinical and clinical development of our products and services; the content and timing of submissions to and decisions made by the FDA and other regulatory agencies; market acceptance of our products and services; availability of reimbursement for our products and services from third-party payors; our ability to expand the use of current products in existing and new indications and to otherwise effectively manage our growth; our ability to manufacture sufficient amounts of our products and to do so in a timely and cost-effective manner; our ability to establish and maintain strategic license, collaboration and distribution arrangements and to manage our relationships with collaborators, distributors and partners; and the other factors.

Forward-looking statements speak only as of the date first made, unless another date is indicated.

Disclaimers of Warranty, Liability, and Consequential Damages

Acer makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this website or the materials. We make an effort to update website materials periodically. However, we do not have any duty to update the materials, and we will not be liable for any failure to update such materials.

Use of the Acer website is at your own risk.

Your use of the website and the materials is at your own risk. Changes can and will be made to the website and materials and at any time. It is your responsibility to monitor such changes.

Acer makes no claims that the materials are appropriate or may be downloaded outside of the United States. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Acer does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, Acer is not responsible for those costs.

THE WEBSITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. ACER AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ACER AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Specifically, Acer, its licensors, and its suppliers MAKE NO REPRESENTATIONS OR WARRANTIES about the following:

• The accuracy, reliability, completeness, correctness, or timeliness of the content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Acer website.
• The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the Acer website.
• The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Acer website.
• The website will be uninterrupted, or free of errors, viruses, or other harmful components

In no event shall Acer, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated person or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not Acer is advised of the possibility of such damages. You will hold Acer its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers, or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.

In no event shall Acer’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Linking to Acer’s Website

Third party websites may link to an Acer website provided that they do not imply any false sponsorship, affiliation or association with Acer. An Acer website may not appear as a frame within the linking website. Acer reserves the right to revoke its consent to a link at any time and in its sole discretion.

Indemnity

By using the Acer website, you agree to defend, indemnify, and hold harmless Acer, its affiliates, officers, directors, employees, agents, attorneys, and representatives from and against any losses, damages, liabilities, claims, suits or causes of action or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use.

You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the website. You agree that the provisions in this paragraph will survive any termination of your account(s) or the website.

Information

Any personally identifiable information in electronic communications to this website is governed by Acer’s Privacy Policy.

Except as provided in the Privacy Policy, Acer shall be free to use or copy all information received in any communications from you, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.

As a user of this website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation.

Void Where Prohibited

This website and its contents are intended to comply with the laws and regulations in the United States and the State of Massachusetts. The information on the web site pertaining to Acer products and services is intended for use only by residents of the United States. This site links to other sites produced by Acer’s various operating divisions and subsidiaries. Those sites may have information that is appropriate only to that particular originating country. Acer reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this website is void where prohibited.

Choice of Law and Jurisdiction

Our website is operated from our offices in Massachusetts, United States of America. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Termination of Use
If you are dissatisfied with the Acer website, please let us know by e-mailing us at info@acertx.com. Your only other remedy with respect to any dissatisfaction with (a) the website, (b) any portion of these Terms, (c) any policy or practice of Acer in providing the website, or (d) any content or information transmitted through the website is to terminate these Terms at any time by discontinuing your use of any and all parts of our website.

Severability

If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect.

Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, whether by sale, merger, operation of law, or otherwise, without Acer’s prior written consent, but may be assigned by Acer without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

Questions? Feedback?

If you have any question regarding these Terms and Conditions of Use or would like to provide feedback about our site, please contact us at info@acertx.com.

Effective Date of this policy: May 29, 2017

These Terms and Conditions were last updated: May 29, 2017.