Aardvark Therapeutics – Website Terms of Use
Last Updated: April 2025
These Website Terms of Use (“Terms”) apply to your use of and access to the Aardvark Therapeutics (“we”, “us”, “our”, “Aardvark”) website located at https://aardvarktherapeutics.com/ (the “Site”).
Please read these Terms carefully and in their entirety. By accessing, browsing or otherwise using our Site, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not access, browse or use our website. Your access to and use of the Site is also subject to our Privacy Policy, available at [insert link] and governs our collection, use, and disclosure of personal data. Our Privacy Policy is incorporated by reference into these Terms.
- Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are binding and effective immediately when we post them and apply to all access to and use of the Site thereafter.
- Changes to the Site
We reserve the right to modify, suspend, restrict or interrupt access to all or part of the Site, including access to its content and functionalities, or the availability of the Site, without prior notice. All equipment used to access the Site must at all times be compliant with and meet the requirements of applicable laws and regulations, virus-free, and up to date. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Site and you will have no claims against us in such regard.
- Intellectual Property
The Site and all of its content, features, and functionality are owned by Aardvark, our licensors or other service providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except in cases where expressly permitted by us, you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit, all or any part of the Site. Your use of the Site does not provide you with any intellectual property rights in the Site.
All names, logos, product and service names, designs, and slogan found on the Site are trademarks of Aardvark, our licensors, or other service providers. You must not use such marks without prior written permission from us.
- Prohibited Uses of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site, or expose either to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
- Regulatory Disclaimers
You acknowledge and agree that:
- the information contained herein is provided for informational and discussion purposes only and is not intended to be a recommendation for any investment, service, product, or other advice of any kind, and shall not constitute or imply an offer of any kind;
- any investment opportunities and/or products or services shown here will only be completed pursuant to formal offering materials, a letter of intent, and/or any other agreements containing full details regarding risks, minimum investment, fees, and expenses of such transaction;
- the terms of any product, service, or particular investment opportunity, including size, costs, and other characteristics, are set forth in the applicable constituent documents for such product, service or particular investment opportunity and may differ materially from those presented in this presentation, and any such terms are subject to change without notice; and
- nothing contained herein constitutes an offer to sell or solicitation of an offer to buy an interest, nor shall any interest be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the laws or regulations of such jurisdiction.
You should make your own investigations and evaluations of an investment in any interest referenced on this Website. You should consult your own attorneys, business advisers and tax advisers as to legal, business, tax and related matters concerning such interests, and nothing on the Website shall be considered to be investment, tax, or legal advice.
- Third-Party Links
We may provide links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links on the Site, you do so entirely at your own risk and subject to the terms and conditions of those websites.
- Disclaimer of Warranties
The Site is provided “as is” and Aardvark specifically disclaims all warranties, whether express, implied, statutory, or otherwise. Aardvark specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. Aardvark makes no warranty of any kind that the Site, or any support service will meet yours or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any third party’s software, system, or other services, or be secure, accurate, complete, free of harmful code, or error-free, or that any errors or defects can or will be corrected. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents.
- Limitation on Liability
IN NO EVENT SHALL AARDVARK, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND/OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, FOR ANY CAUSE OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF AARDVARK WAS OR SHOULD HAVE BEEN AWARE OF THESE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF OUR SITE OR THE MATERIALS CONTAINED THEREIN.
- Indemnification
You agree to defend, indemnify, and hold harmless Aardvark, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
- Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without given effect to any choice or conflict of law provision or rule. Subject to Clause 12, the parties agree that any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability
No waiver by Aardvark of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aardvark to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- Arbitration
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Service, including, without limitation, regarding Aardvark or the Service, any products or services sold or distributed through the Service, the Content, your User Content, these Terms, any Additional Terms, or any other controversy, allegation, dispute or claim against Aardvark, its parent, and all of their related entities, regarding any interaction or transaction between you and or Aardvark, whether heretofore or hereafter arising (collectively, “Dispute,” and including those actions set forth in Section 12(A)), or to any of Aardvark’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 12A). Your notice to us must be sent via email to [email protected]. The written description included in your notice must be on an individual basis and provide at least the following information:(a) your name and contact information (current mailing address, telephone number, and email address, and any other iterations thereof that are associated with the claim or dispute), (b) a description of the nature of the claim or dispute, (c) the date of any transaction, or interaction at issue, and relevant documentation or screen captures if available; and (d) the resolution and relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, Aardvark and you agree to negotiate in good faith and in a timely manner about the Dispute or Excluded Dispute, including through a mandatory informal telephonic dispute resolution conference between you and Aardvark, though nothing will require either you or Aardvark to resolve the Dispute or Excluded Dispute on terms with respect to which you and Aardvark, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, absent mutual agreement by you and Aardvark. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until the requirements of this Section are met. The parties agree that any relevant statute(s) of limitations and filing fee(s) or other deadlines will be tolled only during the sixty (60) day informal dispute resolution period. After this sixty (60) day period, the relevant statute(s) of limitations and filing fee(s) or other deadlines are no longer tolled (until filing is effectuated under Section 12(D)), but the foregoing informal dispute resolution process remains a condition precedent to commencing any formal dispute resolution proceeding. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Aardvark agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 12(A), then ANY DISPUTE ARISING BETWEEN YOU AND Aardvark (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Aardvark and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Aardvark and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 12(J) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Aardvark regarding these Terms and the Service or any other type of Dispute described in Section 12(A), whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 12 if the parties mutually agree.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”)) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. You also understand and agree that mass arbitration disputes as defined in Section 12(D) will be adjudicated in accordance with the AAA’s Mass Arbitration Supplementary Rules. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures and, if applicable under Section 12(D), the JAMS Mass Arbitration Procedures and Guidelines, or by any other arbitration administration service that you and an officer or legal representative of Aardvark consent to in writing.
C. Arbitration Process. If the informal dispute resolution procedure set forth in Section 12(A) above is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at (Commercial Arbitration Rules) and (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require Aardvark to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then Aardvark will have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 12(D), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Limitations of our Liabilities” Section below as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues including those of arbitrability are for the arbitrator to decide, except that the issue of the existence of valid arbitration and class action waiver provisions between the parties is for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Aardvark will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
D. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Aardvark by the same or coordinated counsel or are otherwise coordinated, such claims are mass arbitration claims subject to this Section 12(D), and you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated batching process and application of the AAA Mass Arbitration Supplementary Rules and the Consumer Mass Arbitration and Mediation Fee Schedule. In the event an action in which twenty-five (25) or more similar actions as defined above are asserted against Aardvark and administered by JAMS as set forth in Section 12(B), you agree to application of the JAMS Mass Arbitration Procedures and Guidelines. At the outset of such disputes, you and Aardvark agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the AAA Mass Arbitration Supplementary Rules, as well as disagreements concerning the validity, enforceability, and applicability of these Terms, and any other matters that the parties mutually agree to delegate. Should the Process Arbitrator determine that any or all cases may proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of a batching process. The remaining cases shall be placed in abeyance until they are selected to proceed to individual arbitration proceedings pursuant to this provision. During the batching process, you and Aardvark agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, Aardvark and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first batch of cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second batching process. The parties may, but are not required to, agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, Aardvark and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first two (2) batches of cases. If the parties have not resolved the remaining disputes at the close of the second global mediation, Aardvark or any individual claimant(s) whose demand has not been adjudicated may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or Aardvark wishes to proceed with the claim they may file an individual, non-class action in court. If Aardvark or any claimant(s) do not opt out, those remaining claims will proceed in arbitration in continued batches of one-hundred (100) demands per batch (to the extent there are fewer than one-hundred (100) demands outstanding, a final batch will consist of the remaining demands). In order to increase the efficiency of administration and resolution of arbitrations, and if consistent with the relevant rules and procedures, the arbitration provider shall: (i) designate a single arbitrator for each batch; and (ii) provide for a single filing fee due per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate. You agree to cooperate in good faith with Aardvark and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. Aardvark does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12(D). The statute of limitations and any filing fee deadlines shall be tolled for each demand subject to this Section from the time that the AAA filing requirements are satisfied with respect to that demand. If an arbitration demand is administered by JAMS as set forth in Section 12(B), the parties shall follow, or adhere as closely as possible to or to the spirit of, the foregoing processes to the extent authorized by law and the applicable rules. If any dispute arises between the general AAA Consumer or Commercial Rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. If any dispute arises between the general JAMS Arbitration Rules and Procedures and the JAMS Mass Arbitration Procedures and Guidelines, the JAMS Mass Arbitration Procedures and Guidelines shall control. A court shall have authority to enforce this Section 12(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.
E. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 12(A); (b) filing for arbitration as set forth in Section 12(B); or (c) filing an action in state, Federal or provincial court.
F. Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by Aardvark to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Content and/or Aardvark’s intellectual property rights (including any that Aardvark may claim are in dispute), Aardvark’s operations, and/or Aardvark’s products or services.
G. No Class Action Matters. YOU AND Aardvark AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Section 12(D), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 12(H). Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of these Terms, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section 12 shall be void except for the mandatory informal dispute resolution procedures set forth in Section 12(A). If any portion of this Section 12 other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section 12.
H. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in California. Accordingly, you and Aardvark consent to the exclusive personal jurisdiction and venue of such courts for such matters
I. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either Aardvark or you may bring qualifying Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.
- Entire Agreement
These Terms along with our Privacy Policy constitute the sole and entire agreement between you and Aardvark regarding the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
- Contact Us
If you have any questions or concerns regarding these Terms or anything else on our Site, please contact us at [email protected].