Terms of Use and Conditions

These Website Terms of Use and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained on this webpage, govern the use of the ONY Biotech’s website, including all pages within this website (collectively referred to as “Website”). Anyone accessing the site agrees to abide by these terms.

ONY Biotech (“ONY Biotech”, “we”, “us”) reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Website. Your continued access or use of the Website after modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. If you disagree with these Terms or are dissatisfied with ONY Biotech’s website, your sole and exclusive remedy is to discontinue using this ONY Biotech website.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

License

The contents of our Website, including its “look and feel” (e.g. text, graphics, images, logos, and button icons), notices, software (including HTML or XML-based computer programs) and other material, are, to the fullest extent permissible, protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. These contents belong or are licensed to ONY Biotech.

We hereby grant you the right to view and use our Website subject to these Terms. You may download or print a copy of information provided in the Website for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

Restrictions on Content Use

The Website and the information it contains is made available “as is”, without warranty of any kind, either express or implied.

The content on this Website is intended to be a general information resource in regard to the subject matter covered. ONY Biotech does not directly or indirectly practice medicine, render medical advice, or dispense medical services via this Website, and nothing contained in this Website is intended to be instruction for medical diagnosis or treatment. Information received from this Website should not be relied upon for personal, medical, legal, technical, or financial decisions. Should you have healthcare related questions, please consult your physician or other qualified healthcare providers promptly.

Revisions and Errors

ONY Biotech may make improvements and/or changes to the Website at any time. Although we strive to update information on this Website, the information, materials and services provided on or through this Website may be inaccurate, incomplete or out of date. ONY Biotech does not have a duty to update information contained in this Website, and ONY Biotech will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Website, whether as a result of new information, future events or circumstances or otherwise.

Links to Website

We welcome links to our Website from other websites; however, you must link to our home page and permission is required prior to linking to the Website. To request permission, please contact us at the email address provided in paragraph “Contacting us” at the end of these Terms. We in no way operate, control or endorse any linking site, and we reserve the right to disallow any such link at any time at our sole discretion.

Third-Party Resources

This Website may contain links to websites operated by other parties. The linked sites are not under the control of ONY Biotech, and ONY Biotech is not responsible for the content available on any other Internet site linked to this Website. Such links do not imply ONY Biotech’s endorsement of material on any other internet site and ONY Biotech disclaims all liability with regard to your use of and access to such linked websites. ONY Biotech provides links to other websites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.

User Responsibility and Conduct

You will assume all responsibility for your use of, or access to, this Website, including access to any literature obtained through the Website, and waive all claims or causes of action against ONY Biotech, its officers, directors, employees, agents and affiliates in connection therewith.

The Website will be used only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content therein. You agree not to add to, subtract from, or otherwise modify the Website or any content therein, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

Privacy

Visitors are invited to make inquiries about ONY Biotech and our research, or to inquire about job opportunities. We will use the information provided us in those communications to respond to your inquiry, but will not use or disclose it in any other way without your express consent, except to contractors or service providers who may provide services or perform functions on our behalf, such as an information technology service provider or human resources consultant. Those contractors and service providers are permitted to use your personal information only for the purpose for which it has been provided and may not disclose it to any other third party except at our express direction and consistent with this paragraph. This paragraph applies only to information collected from visitors through our Website and not to personal information that ONY Biotech may collect in its research or through any other activities.

Disclaimer

THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE OR REFRAIN FROM TAKING ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE, PROGRAMS, OR FILES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Website.

Indemnity

You agree to indemnify, defend and hold harmless ONY Biotech, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, arising out of or relating to any violation of these Terms or any activity related to use the Website (including, but not limited to infringement of any third party’s worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Website on your behalf.

Limitation of Liability

IN NO EVENT WILL ONY BIOTECH BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (i) THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT THEREIN, (ii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (iii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR ANY CONTENT THEREIN, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY CONTENT THEREIN, EVEN IF ONY BIOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT THEREIN, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN ANY STATE THAT DOES NOT ALLOW FOR OR LIMITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONY BIOTECH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Governing Law and Forum

These Terms are to be construed in accordance with the laws of the State of New York, except for the conflict-of-law and choice-of-law principles thereof. By using the Website, you agree to submit any and all disputes arising out of or relating to these Terms exclusively to the state or federal courts located in or with jurisdiction over causes of action arising in Buffalo, New York, or, at ONY Biotech’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Buffalo, New York. If any parts of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

Contacting

To inquire about linking to our website or about trademark or copyright matters or if you have any questions or concerns about these Terms, please contact us at info@onybiotech.com.