Terms of Use

The Terms of Use (“Terms”) of Aracari Biosciences, Inc. (“Aracari,” “we,” “us,” and “our”) apply to the Aracari web site and all contents and information available within the domain Aracaribio.com and other websites or mobile applications operated by or associated with Aracari (collectively, the “Website”). By using our Website, you agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use our Website. If you do not accept these Terms, you may not access the Website. We may change these Terms from time to time at our discretion. Changes will be posted to the Website. The amended Terms supersede all previous versions.

Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Website.

Intellectual Property

The Website, and the contents thereof (including, but not limited to, protocols, products and other information made accessible through the Website), is protected by intellectual property rights held by Aracari or third parties. Such intellectual property rights include, but are not limited to, patents, trademarks, trade names, inventions, copyrights, design rights, and rights in and to databases, know-how, and any other intellectual property relating to the Website. All intellectual property rights are reserved unless granted in an express written license.

License

Aracari grants you a limited license to access and make personal use of the Website subject to these Terms. The Website and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Aracari.

Links to Third Party Websites

The Website may contain links to third-party websites, or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies, and that Aracari does not control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Website; or
Otherwise attempt to interfere with the proper working of the Website.

Disclaimer and Limitation of Liability

We do not warrant that access to or use the website will be uninterrupted or error-free or that defects in the website will be corrected. The website is provided by Aracari on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Aracari makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content or materials included on the website. Except to the extent prohibited by applicable law, in no event will Aracari or its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to or use of the website, website-related services or any information, content or materials included on the website. You assume total responsibility and risk for your use of this website, website-related services, and linked websites. We do not warrant that fils available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

Any claims arising in connection with your use of the Website or any products or services purchased through the Website must be brought within one (1) year of the date of the event giving rise to such action occurred.

Miscellaneous

These Terms will be governed by the laws of the State of California, and you agree to submit to the exclusive jurisdiction of the courts of Orange County, California, USA in respect of any disputes arising under or in connection with these Terms. You represent and warrant that you will comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account (to the extent one is created) and any contents generated by you on the Website, block your access to the Website, block IP addresses. You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Website. Such termination will not affect either party’s rights or obligations, which accrued before the termination. If any provision of these Terms is held to be unenforceable, the remaining Terms will remain in full force and effect, and the unenforceable provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. No waiver by us of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any right.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Aracari shall be free to use such information on an unrestricted basis.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, you may contact us by email or by registered mail:

Email vhaynie@haynlaw.com

Registered Mail
Aracari Biosciences, Inc.
Attn: General Counsel
17140 Bernardo Center Dr # 354, San Diego, CA 92128

Effective 1/1/23