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/  and other Aardvark websites (the “Site” or “Sites”).

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 Site. Your access to and use of the Site is also subject to Aardvark’s Privacy Policy, which governs this Site’s collection, use, and disclosure of Personal Data. If you are participating in a clinical trial, please refer to any related privacy policies.

1. 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.

2. 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.

3. 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 slogans 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.

4. 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 United States 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.

5. Regulatory Disclaimers

   You acknowledge and agree that:

   • The information contained on the Site 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 on the Site, and any such terms are subject to change without notice.
   • Nothing contained on the Site 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 Site. 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 Site shall be considered to be investment, tax, or legal advice.

6. 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.

7. 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 your 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.

8. 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.

9. 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.

10. 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 giving effect to any choice or conflict of law provision or rule. Subject to Section 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.

11. 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.

12. Arbitration

    A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute, or claim arises out of or relates to the Site, including, without limitation, regarding Aardvark or the Site, any products or services sold or distributed through the Site, 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 Aardvark, whether arising before or after these Terms (collectively, a “Dispute,” and including those actions set forth in this Section 12), 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 based on the most recent contact information that you provide us. Your notice to us must be sent via email to [email protected] and must include: (a) your name and contact information, (b) a description of the nature of the claim or dispute, (c) the date of any transaction or interaction at issue, with relevant documentation if available, and (d) the resolution and relief sought. For sixty (60) days from the date of receipt of the notice from the other party, Aardvark and you agree to negotiate in good faith, including through an informal telephonic dispute resolution conference. This informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding.

    B. Binding Arbitration. If the parties cannot resolve a Dispute as set forth above, then any Dispute arising between you and Aardvark (whether based in contract, statute, regulation, ordinance, tort, common law, 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 United States residents, the Federal Arbitration Act governs the arbitrability of all disputes. By agreeing to arbitration, each party gives up its right to go to court and have any Dispute heard by a judge or jury.

    C. Arbitration Process. If the informal dispute resolution procedure above is unsuccessful, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the rules of the arbitration administrator. The AAA provides applicable forms for Demands for Arbitration at Commercial Arbitration Rules and Consumer Arbitration Rules, and a separate affidavit for waiver of fees for California residents is available at this link. 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 within twenty one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator. The arbitration may be conducted by telephone or based on written submissions, and if an in person hearing is required it will be conducted in the county where you live or at another mutually agreed location. Fees and costs will be allocated in accordance with the applicable rules. The arbitrator will apply and be bound by these Terms, will determine any Dispute according to applicable law and facts, and will issue a reasoned award. Judgment on the arbitration award may be entered in any court having jurisdiction.

    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, such claims are mass arbitration claims and will follow a coordinated batching process consistent with the AAA Mass Arbitration Supplementary Rules or the JAMS Mass Arbitration Procedures, as applicable. This batching process is intended to increase efficiency and does not permit class or representative arbitration.

    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 within one (1) year after the Dispute arises or it will be forever barred.

    F. Injunctive Relief. This Section 12 does 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 relating to the Site, the content, your user content, Aardvark’s intellectual property rights, Aardvark’s operations, 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.

    H. Jurisdictional Issues. Except where arbitration is required or with respect to enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in California. You and Aardvark consent to the exclusive personal jurisdiction and venue of such courts for such matters.

    I. Small Claims Matters. 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.

13. 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.

14. Contact Us

    If you have any questions or concerns regarding these Terms or anything else on our Site, please contact us at [email protected].