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Terms of Use

Notice to our readers

Alkeus Pharmaceuticals, Inc. ("Alkeus", "we", "us" or "our") provides the services available on our website at www.yournorthstarg.com and any of our other websites, mobile applications or other online services that link to these terms and conditions (collectively the "Website") to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions, and that you have read and understood the terms and conditions of Alkeus’ Privacy Notice.

1. Intended Audience

This Website provides information on Stargardt disease and third-party organizations, and is not intended for persons residing in any particular jurisdiction.

2. Accuracy of Information

The information on our Website is provided to you for information purposes only. Like any printed material, it may become out of date over time. The Website is not designed to give specific medical advice and should not be relied on as doing so. Alkeus recommends that any user requiring medical advice should consult a physician, specialist, or other medical professional.

We attempt to be as accurate as possible when providing you with information about us on the Website; however, to the extent permitted by applicable law, we do not warrant that the content available on the Website is accurate, complete, reliable, current or error-free. We reserve the right to add, modify, correct or delete any information to or from the Website at any time without any notice. We make no commitment, however, to update or correct such information.

Product information contained in the Website is intended for residents of the U.S., unless otherwise specified.

3. Intellectual Property

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Alkeus, our affiliates, our partners/collaborators or our licensors, and is protected by U.S. and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Alkeus, our affiliates, our partners/collaborators or our licensors, in the U.S. and other countries. All Trademarks not owned by us, our affiliates or our partners/collaborators that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited license in Section 4 below, or as required under applicable law, the Content, the Trademarks, and any other portion of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in full or in part, for any purpose without our prior written consent.

4. Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website, provided such use excludes the use of any personal information that may be found on the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth in this Section 4 does not include the right to: (i) modify the Website or its contents; (ii) make any use of the Website or its Content other than personal, non-commercial use; (iii) create any derivative work based upon either the Website or its Content; (iv) remove copyright notices or other proprietary rights notices contained in the Website or its Content; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; (vi) introduce any unauthorized computer code, device, software routines, program or other feature embedded by anyone designed to disrupt, disable, or harm in any manner the operation of the Website, such as (without limitation) any virus, Trojan horse, worm, time bomb, automatic shut down, software lock, drop dead device, malicious logic, trap or back door, botnet, malware, or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the Website terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.

5. Privacy

Alkeus respects the privacy of every individual who visits this Website. Please see our Global Privacy Policy, by clicking here. The privacy policy explains your rights and our responsibilities with respect to personal data collected via the Website.

6. Third-Party Links

We are not responsible for the content of any websites linked to or from the Website. Links appearing on our Website to other websites are for convenience only and are not an endorsement, sponsorship or recommendation by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any other website is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products or services of such websites, including their privacy statements and terms and conditions. When leaving the Website, you should be aware that our terms and policies no longer govern. You should carefully review the terms and conditions and privacy policies of other websites that you visit.

7. Submissions

If you transmit or otherwise provide to Alkeus any feedback, suggestions, ideas, comments, inquiries or other information, (collectively, "Submissions"), these Submissions will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, fully paid up, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and may provide them to Alkeus for Alkeus’s use. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, any form of "spam" or any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. We may, but are not obligated to, review or monitor areas on the Website where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms and user forums. We are not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice or statements transmitted or posted in these areas. We reserve the right to remove any content that allegedly infringes another person's copyright. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

8. Representations and Warranties; Limitation of Liability

THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF QUALITY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED HEREIN, AND TO REVIEW AND DISCUSS INFORMATION CAREFULLY WITH YOUR HEALTHCARE PROVIDER. ALKEUS IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE VIA THE WEBSITE, AND THE INFORMATION PROVIDED IS NOT INTENDED TO REPLACE MEDICAL ADVICE OFFERED BY A MEDICAL PROFESSIONAL. IF YOU DESIRE OR NEED SUCH SERVICES OR ADVICE, YOU SHOULD CONSULT A PROFESSIONAL HEALTHCARE PROVIDER. YOU SHOULD NOT CONSTRUE OUR PUBLICATION OF THIS CONTENT AS ANY WARRANTY OR GUARANTEE OF ANY STRATEGY, RECOMMENDATION, TREATMENT, ACTION OR APPLICATION OF MEDICATION OR PREPARATION.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

9. Disputes

With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of Massachusetts, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of Massachusetts. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Massachusetts, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a court of competent jurisdiction in Newton, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Waiver of Class, Collective, and Representative Actions: To the maximum extent permitted by applicable law, you agree that no dispute regarding the Website (“Covered Claims”) may be initiated or maintained on a class action, collective action, or representative action basis either in court or arbitration. This means that you may not serve or participate as a class, collective, or representative action involving Covered Claims either in court or in arbitration. In addition, you may not participate as a plaintiff or claimant in a class, collective or representative action to the extent that the action asserts Covered Claims against us. You further agree that a court of competent jurisdiction, not an arbitrator, must resolve issues concerning the enforceability or validity of the class action, collective action, or representative action waiver set forth above.

Right to Challenge Validity of Arbitration Provisions: You have the right to challenge the validity of the arbitration and waiver of class, collective and representative actions of these Terms and Conditions on any grounds that may exist in law and equity, and we reserve the right to enforce these provisions. If, for any reason, the arbitration and/or waiver of class action, collective action, or representative action provisions are held unenforceable or invalid in whole or in part, then a court of competent jurisdiction, not an arbitrator, will decide the claim as to which the provision(s) was held unenforceable or invalid and all other claims will remain subject to arbitration.

10. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of these provisions shall continue in full force and effect as if these Terms and Conditions had not included the invalid, illegal or unenforceable provision.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and that achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us at 1-800-287-2755.

Updated: May 2024

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