Agreement between User and Sophiris
Sophiris Bio Corp. (“Sophiris”) operates this web site, which is comprised of various web pages operated by Sophiris (the “Site”), to provide online access to information about Sophiris and the products, services, and opportunities Sophiris provides (the “Service”).
2. Copyright. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Sophiris or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Sophiris or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Sophiris). You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks. You are prohibited from using any of the marks or logos appearing throughout the Site without the prior written permission from the trademark owner, except as permitted by applicable law.
5. Linking to this Site. If you would like to link to the Site, you can link to any page of our Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. Such mirroring and/or framing is strictly prohibited.
6. Downloading Files. Sophiris cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any and all use of any such file is solely at your own risk.
7. Disclaimer of Warranties, THE SITE, SERVICES, AND CONTENT ARE PROVIDED TO YOU SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOPHIRIS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SOPHIRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT CANDIDATE OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SOPHIRIS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SOPHIRIS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
8. Limitation of Liability. IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL SOPHIRIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF SOPHIRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR, (B) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT PAID BY YOU TO ACCESS THIS SITE, OR $100, WHICHEVER AMOUNT IS GREATER. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT INCREASE THIS AGGREGATE LIMIT OF LIABILITY.
9. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Site. You agree to indemnify, defend and hold harmless Sophiris, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, liabilities, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
11. Sophiris Bio Communications Policy. Sophiris is committed to open and transparent communications with everyone interested in its efforts to develop its product candidates for the treatment of patients with urological diseases. Sophiris is interested in what you have to say and welcome comments and questions. Sophiris will endeavor to respond to comments in a timely manner, but please be mindful that due to volume Sophiris may not always be as quick as it would like to respond.
Sophiris welcomes all opinions and perspectives. In your correspondence, Sophiris asks that anyone interested in communicating with Sophiris does so professionally and respectfully. Sophiris may not respond to correspondence that is inappropriate or disrespectful, and such content may be removed from Sophiris’ online forums and social media channels.
12. Unsolicited Idea Submission Policy. Sophiris or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names.
13. User Supplied Information. Sophiris does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Sophiris the royalty-free, fully paid-up, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner and for any purpose, in whole or in part, that Sophiris deems appropriate, without any restriction or responsibilities to you, or any compensation (or any nature) to you.
15. Designated Agent for Alleged Copyright Infringement. Sophiris respects the intellectual property of others, and we ask you to do the same. If you believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact our Designated Agent below:
Investor Relations IR@sophiris.com
16. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Sophiris therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Sophiris does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect, and the parties will, to the extent practicable, reform such provision to a valid and enforceable one that best attains the original intent of the parties for such provision.