Introduction
Welcome to the Ensem Therapeutics (“ENSEM”) website (the “Site”). Ensem Therapeutics created and maintains this Site to provide information to and communicate better with any party who may be interested in learning more about Ensem Therapeutics and the products and services it offers. You may use this Site, provided you comply with these terms and conditions.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. By accessing and using this Site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this Site.
These Terms and Conditions May Change
Ensem Therapeutics reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Site.
These terms and conditions were last revised on October 31, 2023.
Terms and Conditions
INFORMATIONAL USE ONLY. ALL MATERIALS ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
USE OF THE SITE. You must be at least 13 years old to use the Site. Your use of the Site must comply with any and all applicable laws and regulations. Subject to your compliance with these Terms, Ensem Therapeutics grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Site.
RESTRICTIONS ON USE. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any content, logos, interface or other materials contained on the Site (“Materials”); (b) make modifications to the Site or any Materials; (c) use the Site for any illegal purpose or in violation of any local, state, national, or international law; (d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (e) interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit use or copying of any content; or (f) interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site.
SUBMISSIONS. We do not accept any unsolicited information or other materials whether through the Sites or otherwise. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Ensem Therapeutics an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
OWNERSHIP; PROPRIETARY RIGHTS. The Site and all Materials belong to Ensem Therapeutics (including photographs from Adobe Stock Images that Ensem Therapeutics has the right to use) and are protected by intellectual property and other laws. Unauthorized use of any proprietary material is strictly prohibited. Ensem Therapeutics reserves all rights to the Site and Materials not granted expressly in these Terms and Conditions.
UPDATES. Ensem Therapeutics may make improvements and/or changes to this Site at any time. Although we attempt to periodically update information on this Site, the information, materials and services provided on or through this Site may occasionally be inaccurate, incomplete or out of date. We make no representation that the information on this Site is current, complete or accurate, and we undertake no obligation to update or revise the information contained on this Site, whether as a result of new information, future events or circumstances or otherwise. Ensem Therapeutics will not be liable for any failure to update such information. It is your responsibility to verify any information contained in this Site before relying upon it.
LINKS. This Site may contain links to Sites operated by other parties. The linked sites are not under the control of Ensem Therapeutics, and Ensem Therapeutics is not responsible for the content available on any other Internet sites linked to this Site. Such links do not imply Ensem Therapeutics endorsement of material on any other site, and Ensem Therapeutics disclaims all liability with regard to your access to such linked Sites. Ensem Therapeutics provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Site is at your own risk.
INTERNATIONAL USE. The Site is intended for visitors located within the United States and China. We make no representation that the Site is appropriate or available for use outside of the United States and China. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
DISCLAIMERS; NO WARRANTIES. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ENSEM THERAPEUTICS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE. ENSEM THERAPEUTICS DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ENSEM THERAPEUTICS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ENSEM THERAPEUTICS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ENSEM THERAPEUTICS ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ENSEM THERAPEUTICS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ENSEM THERAPEUTICS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ENSEM THERAPEUTICS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Ensem Therapeutics does not disclaim any warranty or other right that Ensem Therapeutics is prohibited from disclaiming under applicable law.
INDEMNITY. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Ensem Therapeutics and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Ensem Therapeutics Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
TERMINATION. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Ensem Therapeutics may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
JURISDICTION; CHOICE OF LAW; INJUNCTIVE RELIEF. These Terms and your use of the Site shall be governed by the laws of Massachusetts, without regard to its conflict of laws provisions. Any disputes under these Terms shall be adjudicated in the state or federal courts in Massachusetts, and you consent to the exclusive jurisdiction of said courts. You agree that a breach of these Terms will cause irreparable injury to Ensem Therapeutics for which monetary damages would not be an adequate remedy and Ensem Therapeutics shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
ACCESSIBILITY POLICY. Ensem Therapeutics is committed to facilitating the accessibility of its Site for all individuals, including those with disabilities. To that end, we aim to utilize the guidelines issued by the Web Accessibility Initiative of the World Wide Web Consortium to implement functional improvements to our Site to satisfy the criteria set forth in WCAG 2.0 AA.
If you experience any accessibility issues with our Site, or notice ways that we can improve its usability, please contact us at [email protected]. When you correspond with us by phone or email on these issues, you do not need to give us information about yourself.
QUESTIONS: If you have any questions about our Site or these Terms, please contact us at [email protected]. When you correspond with us by phone or email, you may give us information about yourself. The information you provide here will be used as needed to follow up on your inquiry and will not be used for other purpose without further correspondence with you.