Last Revised: September 2023
Welcome to the website of Outpace Bio, Inc. (“Outpace”). These terms and conditions of use (the “Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) (collectively, the “Site”). By using the Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Outpace, you agree to be bound by the following Terms of Use, the Outpace Privacy Policy, and all applicable laws and regulations. The information provided on this Site is for general informational and educational purposes only.
Please also consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms and you agree to our use and sharing of the information we collect about you as described in here and in our Privacy Policy.
You may freely browse the Site, but you may only access, download, or use information from the Site, including any graphics, photographs, audio, video, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (the “Content”) for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes or create any derivative work based on the Content for use in any publications, in public performances, on websites other than this Site or any other commercial purposes without the Outpace’s express written consent. You must retain all copyright notices and other proprietary notices contained in the original Content on any copy you make of the Content. You should assume that the copyright to everything you see or read on the Site is owned by Outpace or a third party who licensed or granted Outpace the right to use such material and may not be used, except as provided in these Terms of Use or in the text on the Site, without Outpace’s express written permission. Except as otherwise permitted in this paragraph, Outpace neither warrants nor represents that your use of Content will not infringe rights of third parties not owned by or affiliated with Outpace. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Outpace or of any other party is granted or conferred to you.
The Content is the property of Outpace and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Unless otherwise noted, all trademarks, service marks, and logos of Outpace (the “Outpace Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Outpace or its affiliated or related companies. The use or misuse of these trademarks or any other materials 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. Nothing on the Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Outpace Trademarks displayed on the Site without Outpace’s prior written consent specific for each such use. Use of any Trademarks as part of a link to or from any website is prohibited without Outpace’s prior written consent. Please note that Outpace actively and aggressively enforces its intellectual property rights.
The Content, including all medically related information, is for informational purposes only. You should discuss all information with your physician before making any medical decisions, including starting, stopping or modifying any medication or other treatment or care plan. You acknowledge that your use of the Site does not create a medical provider-patient relationship or constitute the practice of medicine or provision of medical care. You acknowledge that you are responsible for consulting with a medical provider whether or not the Site suggests seeking medical advice. Outpace does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Content.
THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE CONTENT. DO NOT USE THE CONTENT FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.
Outpace warrants that Outpace has validly entered into these Terms of Use and has the legal power to do so. You warrant that you have validly entered into these Terms of Use and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Outpace specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use, and all warranties implied from any course of dealing or usage of trade. Outpace makes no warranty as to the accuracy, completeness, currency, or reliability of any of the Content. Outpace does not warrant that (i) the Site will meet your requirements, (ii) operation of the Site will be uninterrupted or virus or error free, or (iii) errors will be corrected. Any oral or written advice provided by Outpace or its agents does not and will not create any warranty. You acknowledge that any reliance on such material or systems will be at your own risk.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. OUTPACE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF OUTPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUTPACE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO OUTPACE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms of Use that limit liability, are essential terms and that Outpace would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify, and hold harmless Outpace and affiliates and their respective officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against Outpace by any third party arising out of or related to your violation of these Terms of Use. Outpace reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Outpace may be made without Outpace’s prior written approval.
Outpace agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Site in compliance with these Terms of Use infringes a third party’s US patent, copyright, or trademark right.
These Terms of Use will be governed by and construed in accordance with the internal laws of the state of Washington without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in the state of Washington. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms of Use operate to the fullest extent permissible by law.
The Content may include statements concerning Outpace’s operations, prospects, strategies, financial condition, future economic performance, and demand for Outpace’s product candidates or services, as well as its intentions, plans, and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on or in the Content, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Content and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Outpace’s securities-related filings or documents.
You may find advertising or other content on the Site that link to the sites of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own terms and conditions. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies.
Outpace has the discretion to update these Terms of Use at any time. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and become aware of modifications.
By using the Site, you accept these Terms of Use and Outpace’s Privacy Policy. If you do not agree to these Terms of Use or Outpace’s Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to these Terms of Use will be deemed your acceptance of those changes. Your affirmative act of using the Site constitutes your consent to enter into agreements with Outpace electronically.
Outpace may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Outpace will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
If you have any questions about these Terms of Use, please contact us at info@OutpaceBio.com
© Outpace Bio 2024
Outpace Bio, Inc. 700 Dexter Ave N, STE 300, Seattle, WA 98109
