The Tolero web site is intended for lawful use by U.S. adults only and is intended to comply with U.S. laws and regulations. All information provided on the Tolero web site is for general informational and educational purposes only. Certain sections of the Tolero web site may be intended for use by health care professionals only.
Availability of the Site
Access to the Site is permitted at Tolero’s discretion. Tolero reserves the right to withdraw, amend, or restrict the services we provide on this Site without notice.
Right to Alter or Remove Content. Right to Suspend Accounts.
Tolero reserves the right to alter or delete materials from this web site at any time at its sole discretion.
Medical Information Provided Is Not a Substitute for Medical Advice and Attention
The information included in (or accessible from) this Tolero web site may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of Tolero’s pharmaceuticals under development. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of Tolero patent protection with respect to such product candidates; the commercial success of Tolero products; the ability of the company to attract and retain qualified personnel; the performance of Tolero licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.
Third-Party Web Sites and Links
Certain links on the Tolero web site may lead to sites or sources located on servers maintained by third parties over which Tolero has no control. If you use these links, you will leave Tolero’s web site. Please remember that linked sites are not necessarily the Tolero web site and the information could change without Tolero’s knowledge. Third-party linked sites and their contents should not be attributed to Tolero (or any of its affiliated companies) in any manner. Tolero has not attempted to verify the truth or accuracy of any third party or content and does not make any representations or warranties about them. If you decide to access any of the third-party sites linked to this Tolero web site, you do so entirely at your own risk.
If you believe that material on our web site infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Tolero Pharmaceuticals, Inc.
Attn: Chief Executive Officer
3900 N Traverse Mountain Blvd, Suite 100
Lehi, UT 84043
Or by email to: firstname.lastname@example.org
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the web site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
No confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic response to Tolero (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Tolero shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
Information accessed through any Tolero web site is presented in summary and interactive form and is not exhaustive. TOLERO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHERMORE, TOLERO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS, SERVICES, OR PRICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. TOLERO MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOLERO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY GOODS OR SERVICES PURCHASED THEREFROM.
In jurisdictions that do not recognize exclusion of implied warranties, the above exclusion may not apply.
LIMITATION OF LIABILITY
Tolero does not accept any liability for consequences arising from the use or misuse of any information provided on our web site. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TOLERO OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE A TOLERO WEB SITE, ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, YOUR RELIANCE ON ANY SUCH CONTENT, OR ANY OTHER INFORMATION OR INTERNET SITE WHICH LINKS TO THIS WEB SITE. In no event will Tolero, its Service Providers, or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon information provided through this site. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply.
All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, Site Content) and all intellectual property rights therein, are owned, controlled, or licensed by Tolero or other individuals or organizations and are protected by worldwide copyright laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances, except as provided herein, without the express written permission of Tolero.
Names, trademarks, service marks, trade names, trade dress, logos and Tolero products appearing on this site, including the “Tolero Pharmaceuticals” logo, are trademarks and service marks owned by Tolero Pharmaceuticals, Inc. or its subsidiaries or affiliates or another company. These marks are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Tolero, except with the express written permission of Tolero. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Tolero or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Tolero copyright or trademark.
Tolero is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where Tolero suffers damage.
No license is granted to you to use any trademark of Tolero or Affiliates. You shall not assert any claim or ownership to any such trademarks.
Tolero gives you permission to copy pages of Tolero web site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.
Arbitration. Any Dispute between You and Tolero shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
Definitions. This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy arising from or relating to Your relationship with Tolero, for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this Agreement; (3) claims that arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” does not, however, include any issues relating to the existence, scope, or validity of this arbitration provision. As used in this arbitration provision, “You” means You and any intended or unintended beneficiaries of these Terms and Conditions and “Tolero” means Tolero Pharmaceuticals and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates and independent contractors, and each of their officers, directors, employees and agents.
Right to Sue in Small Claims Court. Notwithstanding anything in this arbitration provision to the contrary, either You or Tolero may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.
Right to Reject This Arbitration Provision. You may reject this arbitration provision by sending Tolero (Attention: Chief Executive Officer) written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of an arbitration provision. Your decision will not adversely affect Your relationship with or service from Tolero. If You previously notified Tolero of Your decision, You need not do so again.
Procedures for Arbitration. This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules (the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its web site (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and Tolero will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. The arbitration will take place in the United States. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in any court of appropriate jurisdiction.
Right to Arbitral Fees and Costs. The payment of the AAA’s fees and costs will be governed by the AAA Rules.
Right to Attorneys’ Fees and Costs. You may hire an attorney to represent You. You are responsible for Your attorneys’ fees and costs. You may recover them from Tolero to the same extent as in court.
Waiver of Jury Trials. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL. WHETHER IN ARBITRATION OR COURT, YOU AND TOLERO WAIVE THE RIGHT TO A JURY TRIAL.
Waiver of Class Actions. WHETHER IN ARBITRATION OR COURT, YOU AND TOLERO WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND TOLERO MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
Survival. This arbitration provision shall survive the cancellation or expiration of the Agreement.
Use in the United States
The information on this web site is intended for use only by Tolero’s clients and customers, each Sponsor’s clients and customers, and health care professionals in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, product information on this web site may not be appropriate for residents of other countries.