Terms and Conditions

Last Updated: September 19, 2024

These Terms of Use (“Terms”) are a legal contract between you and us (each a “Party” and collectively, "Everyone") and govern your use of all the text, data, information, software, graphics, photographs, and more (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any services (“Services”) we may provide through any of our websites (all of which are referred to in these Terms as this “Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Changes

We may alter the Materials and Services we offer you and/or choose to modify, suspend, or discontinue this Website at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this Website.

If you object to any such modifications, your only remedy is to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be replaced by legal notices or terms located on particular pages of this Website, as it may state in those notices or terms. These legal notices or terms are incorporated into these Terms and replace the provision(s) of these Terms that are stated as being replaced.

General Use

By using this Website, you promise that you are at least 13 years of age. If you are not yet 18 years old, you must have the permission of an adult to use this Website and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this Website.

We invite you to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy!

In these Terms, we are granting you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials; you may only use the Materials so long as you comply with these Terms. You have no other rights in this Website or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any part of this Website or Materials. If you make copies of any part of this Website for Permitted Purposes, then we ask that you ensure all copyright and other proprietary notices remain as they appear on this Website.

Unfortunately, if you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Using This Website and Its Services

We appreciate you visiting this Website and allow you to do just that – stop by and check it out, without even registering with us!

Privacy Policy

We respect the information that you provide to us and want you to fully understand exactly how we use that information. So, please review our Privacy Policy, which explains everything.

Links to Third-Party Sites

Sometimes, we provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that might come from using them. If you decide to access any of the third-party websites via links from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

Unauthorized Activities

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and unauthorized. Unauthorized use of this Website may result in violation of various laws.

Because we prefer keeping this relationship drama-free, here are examples of things to avoid without our written permission:

• Using this Website for any public or commercial purpose, including use on another site or through a networked computer environment
• Modifying, publicly displaying, reproducing, or distributing any part of this Website
• Violating any applicable law
• Stalking, harassing, or harming another individual
• Impersonating any person or entity
• Interfering with or disrupting this Website or its servers
• Using any data mining, robots, or similar methods on this Website

Proprietary Rights

All rights in this Website and its Materials remain our property or the property of our respective licensors or partners.

Intellectual Property Rights Notice

All trademarks, logos, and service marks displayed on this website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Disclaimer of Warranties

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED.

This means that we do not promise you that the Website will be free of problems. Without limiting what we just stated, we make no warranty that this Website will meet your requirements, that this Website will be uninterrupted, timely, secure, or error-free, or that defects in this Website will be corrected. We make no warranty as to any results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from us or our affiliates shall create any warranty. We disclaim all equitable indemnities.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING, OR DOWNLOADING ANY MATERIALS FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

We control and operate this Website from our headquarters in the United States of America, and this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States, you are solely responsible for following applicable local laws.

Feedback

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) no matter how submitted (e.g., call, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, including but not limited to, developing, manufacturing, marketing, and selling products and services using such Feedback.

DMCA Policy

If you believe that your copyrighted work has been posted on the website in a way that constitutes copyright infringement, please notify us by providing a written communication outlining the alleged infringement.

Dispute Resolution and Arbitration; Class Action Waiver

Please read this provision carefully. It affects your legal rights.

This section allows us to resolve any dispute (including claims, controversies, or issues arising from or relating to your use of the Website) efficiently through binding arbitration. This means that instead of suing in court or having a trial by jury, disputes are resolved by a neutral arbitrator. You may opt out of binding arbitration and class action waivers as described below.

Pre-Arbitration Claim Resolution

If you have a dispute, you must first notify us in writing, and we will attempt to resolve the matter with you before any arbitration is initiated.

Exclusions from Arbitration/Right to Opt Out

You may opt out of arbitration within 30 days from when you first accept these Terms. Opting out means you can take your dispute to court.

Arbitration Procedures

Any arbitration will be administered by a recognized arbitration service, and all disputes will be arbitrated on an individual basis (not as part of any class action).

Class Action Waiver

To the fullest extent allowed by law, you and we agree to resolve disputes only on an individual basis and not as part of a class action. You waive your right to participate in any class action claims.

Jury Waiver

By accepting this provision, you are waiving your right to a jury trial.

Severability

If any clause of this provision is found unenforceable, the rest of the provision and Terms remain intact.

General

We believe direct communication resolves most issues. If we feel you are not complying with these Terms, we will notify you and provide recommendations for corrective actions. However, certain violations of these Terms may require immediate termination of your access to this Website without prior notice.

These Terms are governed by the Federal Arbitration Act, applicable U.S. federal law, and New York state law. Any disputes that are not subject to arbitration will be litigated in courts located in New York, New York.

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions, or agreements regarding this Website.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by email or phone as provided on the Contact Us page of the Website.

For any questions or concerns regarding these Terms, please contact us at info@ataraxis.ai or (718) 218-5515.

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