The following Terms and Conditions of Use govern and apply to your use of or reliance on this and any website maintained by Eupraxia Pharmaceuticals Inc.
Access and use of this website are subject to the terms and conditions set forth herein and all applicable laws, statutes, and regulations. Eupraxia Pharmaceuticals Inc. may revise these Terms and Conditions of Use from time to time without further notice by updating this posting. Please continue to check these terms and conditions to see what those changes may be. Your continued use of the eupraxiapharma.com website means that you accept those changes.
We have made every effort to design our website to be useful, informative, helpful, and honest. Hopefully we have accomplished that, and we would ask that you let us know if you would like to see improvements or changes that would make it even easier for you to find the information you need and want.
Restrictions on Use of Our Online Materials
All Online Materials on the eupraxiapharma.com site including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. Usage rights are owned and controlled by Eupraxia Pharmaceuticals Inc. You, the visitor, may download online materials for non-commercial, personal use only, provided you 1) retain all copyright, trademark and propriety notices, 2) make no modifications to the materials, 3) do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the eupraxiapharma.com site. Any attempts to modify online material, or to defeat or circumvent our security features, are prohibited.
Everything you download, software, files, images incorporated in or generated by the software, and data accompanying it, is considered licensed to you by Eupraxia Pharmaceuticals Inc. or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You are not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we do not have to treat any such submission as confidential. You can not sue us for using ideas you submit. If we use them, or anything like them, we do not have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Eupraxia Pharmaceuticals Inc. mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
Eupraxia Pharmaceuticals Inc. will not be liable for damages or injury that accompany or result from your use of its site.
These include (but are not limited to) damages or injury caused by:
- Use of (or inability to use) the site
- Use of (or inability to use) any site to which you hyperlink from our site
- Failure of our site to perform in the manner you expected or desired
- Error on our site
- Omission on our site
- Interruption of availability of our site
- Defect on our site
- Delay in operation or transmission of our site
- Computer virus or line failure
- Please note that we are not liable for any damages, including:
- Damages intended to compensate someone directly for a loss or injury
- Damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)
- Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages.”)
We are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Exception: certain jurisdictions may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. If you live in one of those jurisdictions, the above limitations may not apply which would mean that you might have the right to recover these types of damages.
However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind that accompany or result from your use of our site (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.
Links to Other Site
We sometimes provide referrals to and links to other websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in a Eupraxia Pharmaceuticals Inc.-operated site or have moved to another site. Eupraxia Pharmaceuticals Inc. is not responsible for the content or practices of third party sites that may be linked to or from our site. When eupraxiapharma.com provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Eupraxia Pharmaceuticals Inc. is connected with, operates or controls these websites. An approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Eupraxia Pharmaceuticals Inc. site, or endorsement, sponsorship or support of Eupraxia Pharmaceuticals Inc., including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from all Eupraxia Pharmaceuticals Inc.—maintained websites, along with all related documentation and all copies and installations. Eupraxia Pharmaceuticals Inc. may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to you. Eupraxia Pharmaceuticals Inc. is entitled to terminate all or any part of its website without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of Canada, you are responsible for compliance with applicable local laws.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of Canada as applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Eupraxia Pharmaceuticals Inc. or its affiliates’ intellectual property rights, Eupraxia Pharmaceuticals Inc. or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Canada, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Victoria, British Columbia, Canada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Victoria, British Columbia, Canada, under the rules of the Canadian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Eupraxia Pharmaceuticals Inc. may modify these Terms and Conditions of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement between us regarding the use of our websites.