These Terms of Use govern your access to and use of the Indalo Therapeutics website, located at https://indalotherapeutics.com. Read the terms and conditions carefully before accessing our website. For information about how we collect, use, process, and disclose your information, please review our Privacy Policy. You can send questions, concerns, or comments to Indalo Therapeutics, Inc., 400 Technology Square, 10th floor, Cambridge, MA 02139.
Acceptance
These Terms of Use (“Terms”) govern access to and use of indalotherapeutics.com (“Site”). The section headings in these Terms are for convenience only. In these Terms, the words “you” and “your” refer to any individual or entity accessing the Site, “we”, “us”, and “our” refer to Indalo Therapeutics and our officers, directors, agents, subsidiaries, joint ventures, and employees.
By accessing or using the Site, you acknowledge that you have read these Terms and agree to be bound by them. By using the Site, you represent that you are at least 18 years of age or the age of majority in your jurisdiction. By using the Site, you represent that you are legally able to enter into a contract and agree to comply with all applicable laws and regulations.
If you do not agree to the Terms, you should not access or otherwise use the Site.
Modification
We may revise these Terms at any time. Any revision of these Terms shall supersede prior agreements or understandings related to accessing or using the Site. You agree that your access or use of the Site following changes to Terms will signify acceptance of the revised terms and conditions. It is your responsibility to review these Terms periodically.
Your Limited License to Use the Site
Indalo Therapeutics grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Site subject to your compliance with these Terms and subject to the limitations described elsewhere in these Terms.
Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Indalo Therapeutics (each a “Third Party Site”). You use any link to a Third Party Site entirely at your own risk.
We provide any link to a Third Party Site only as a convenience. We do not endorse any Third Party Site. We are not responsible for and do not accept any responsibility for the availability, quality, contents, products, services, or use of any Third Party Site or any website accessed from a Third Party Site.
User-Generated Content
This Site may allow you to communicate, submit, upload, transmit, or otherwise make available text, images, audio, video, or other content, which may be accessible and viewable by the public or others with access to certain aspects of the Site (“User Content”). Contributions to, access to, and use of the User Content is at your own risk.
You agree that you are responsible for User Content you transmit, including its legality, reliability, appropriateness, originality, and content. You agree not to transmit User Content that is untrue, unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise harmful. You agree not to submit confidential or proprietary information to us through this Site. All User Content transmitted by you through this Site shall be considered non-confidential subject to these Terms, Indalo Therapeutics policies, and applicable law.
You represent and warrant that you own all rights, title, and interest or possess sufficient license rights in and to User Content contributions as may be necessary to permit the use contemplated under these Terms. Indalo Therapeutics is not the publisher or author of User Content. We disclaim all copyright and ownership in User Content and all responsibility for any such works. Notwithstanding the foregoing, you grant us a nonexclusive, sub-licensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy, and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised in any number of copies and without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Prohibited Conduct
You agree not to use the Site in any manner that violates any applicable local, state, national, or international law.
You agree not to use the Site in any way that could violate the privacy and security of other users, or interfere with another’s use and enjoyment of the Site. You agree not to obtain or attempt to obtain unauthorized access to any services, information, accounts, computer systems, or networks connected to the Site. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair, or damage the Site or any connected network. You agree not to use any automated system including but not limited to robots, spiders, offline readers, or scrapers, to access the Site for any purpose without Indalo Therapeutics’ prior written consent. Notwithstanding the foregoing, an operator of a public search engine may use automated systems for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site; Indalo Therapeutics reserves the right to revoke this exception either generally or in a specific case.
Intellectual Property
You agree to respect the intellectual property rights of others. This Site is owned by Indalo Therapeutics. All right, title, and interest in and to the material on this Site, including but not limited to any information, document, logo, graphic, sound, or image (the “Materials”), are owned or licensed by either Indalo Therapeutics or other third party. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, post, or circulate any Material without our prior written consent. Any rights not expressly granted to you or disclaimed by us are reserved by Indalo Therapeutics.
Digital Millennium Copyright Act
If you believe your work has been copied in a way that constitutes copyright infringement, you must submit notice that complies with requirements set forth at 17 U.S.C. § 512(c)(3). The notice should include (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may submit the notice to Indalo Therapeutics as follows:
400 Technology Square, 10th floor, Cambridge, MA 02139
c/o Indalo Therapuetics
No Warranty
THE SITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW INDALO THERAPEUTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
INDALO THERAPEUTICS MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
USING THE SITE AND OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. INDALO THERAPEUTICS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR THE USE OR DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
Limitation of Liability
IN NO EVENT SHALL INDALO THERAPEUTICS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF INDALO THERAPEUTICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF INDALO THERAPEUTICS TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
Indemnity
You agree to defend, indemnify, and hold harmless Indalo Therapeutics from and against any and all claims, liabilities, costs, and expenses, including reasonable attorney fees, related to or in connection with (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any right of a third party; (iv) your violation of any local, state, national, or international law, rule, or regulation; (v) any claim or damage that arise as a result of User Content that you provide to Indalo Therapeutics; or (vi) any other party’s access and use of the Site with your User Account.
Release
In the event that you have a dispute with one or more users of the Site, you release Indalo Therapeutics from claims, demands, and damages of every kind and nature arising out of or in any way connected with such dispute.
Termination
We may terminate, disable, or throttle your access to, or use of, this Site for any reason without notice, including without limitation if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
You are personally liable for any charges incurred through use of your User Account prior to termination.
Mandatory Arbitration; No class action
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO FORM A CLASS ACTION.
You agree to confidential binding arbitration of any dispute between you and Indalo Therapeutics related in any way to access or use of this Site except for intellectual property claims brought by either party (which for the purposes of this section do not include privacy and publicity claims) or as otherwise provided in herein. You agree to attempt to resolve any dispute related to access to or use of the Site through informal negotiation within sixty (60) days from the date the notice of dispute is sent, after which time you or we may commence arbitration.
The party giving notice of a dispute shall provide the other party a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. We will send any notice of dispute to you using the contact information you have provided. You agree to send any notice of dispute to Indalo Therapeutics, Inc., 400 Technology Square, 10th floor, Cambridge, MA 02139.
Arbitration can be conducted in the county where you reside, in Middlesex county, through the submission of documents, by phone, or online. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes excluding rules or procedures permitting or governing class actions. The arbitrator shall apply law of the Commonwealth of Massachusetts excluding any law or regulation permitting or governing class actions.
You agree the dispute shall not be heard as a class action, private attorney general action, or in any other form of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. The arbitrator may award relief only to the extent required to satisfy your individual claim.
You agree that you are each waiving the right to a trial by jury as to all arbitrable disputes.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law in the Commonwealth of Massachusetts with the remaining parts proceeding in arbitration.
For more information about arbitration, visit www.adr.org or, in the United States, call 1-800-778-7879.
Governing law; venue
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law provisions. You agree that any claim or dispute you may have against Indalo Therapeutics that is not subject to arbitration must be resolved by a court located in the Commonwealth of Massachusetts except as otherwise agreed by the parties. You hereby waive any and all jurisdictional and venue defenses otherwise available.
No Third Party Beneficiaries
You agree there shall be no third party beneficiaries to the Terms except as expressly provided herein.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Indalo Therapeutics’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not alter the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Survival
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Assignment
You agree not to assign or transfer any of your rights or obligations under these Terms in whole or in part without our prior written consent. You agree any attempted assignment of your rights or obligations under these Terms in violation of the foregoing will be null and void, and of no force or effect. You agree Indalo Therapeutics may assign any and all of our rights and obligations under these Terms at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of your and our successors and permitted assigns.
Entire Agreement
These Terms shall constitute the entire agreement between you and Indalo Therapeutics concerning use of the Site except as explicitly provided herein.
Acknowledgement
By accessing or using the Site, you consent to and agree to be bound by the foregoing Terms. You agree that your access or use of the Site following any changes to the Terms will signify your assent to and acceptance of the revised terms and conditions.
