Terms of Use

Effective: March 1, 2022

Welcome, and thank you for your interest in Medikine, Inc. (with its subsidiaries, “Medikine,” “we,” or “us”) and our website at www.medikine.com (our “Site”).

The following legally binding Terms of Use (“Terms”) and all applicable laws, statutes, and/or regulations (“Applicable Laws”) apply to your access and/or use of our Site. The information provided on our Site is for general information and educational purposes and is subject to these Terms. By accessing, browsing, or using our Site or any pages of our Site, you are indicating that you have read and acknowledge and agree to be bound by these Terms. If you do not agree to every provision of these Terms, please do not access, browse, or use our Site.

We may revise these Terms from time to time by updating this posting, and you should review these Terms for updates as they will be legally binding on you whether or not we provide you with any other notice of such updates. We will indicate the effective date of the currently applicable Terms at the beginning of the posting. Any use by you of our Site after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications. Certain sections of our Site may be intended for particular audiences including customers, prospective employees, members of the health care community, and the general public. We strongly recommend that you periodically visit this page of the Site to review these Terms.

You must be at least eighteen (18) years of age to access and/or use our Site. You agree to use our Site for lawful purposes only in a manner consistent with all Applicable Laws. Any use of the Site in a manner inconsistent with these Terms is deemed unauthorized access and may subject the user to civil or criminal penalties. You are required to accept the Terms completely and, once accepted, they form a binding contract between you and us. If you do not accept these Terms completely, then you must not access, use, or continue to use our Site. Your access or use of our Site indicates your acceptance of these terms, and your representation that you are at least eighteen (18) years of age or older.

  1. Privacy

    Please read the Medikine Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of data and personal information in connection with our Site. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these, and you hereby agree to the collection, use, storage, and disclosure practices set forth therein.

  2. Disclaimers and Limitation of Liability

    MEDIKINE MAINTAINS OUR SITE AS A SERVICE TO THE INTERNET COMMUNITY. OUR SITE IS DESIGNED TO PROVIDE GENERAL INFORMATION ABOUT THE SUBJECT MATTER PRESENTED.

    All information and features of our Site are provided “AS IS.” We make no representations or warranties as to the accuracy of the information presented on our Site or that it will meet your requirements, and we disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by Applicable Laws.

    We do not warrant that the Site will operate in an uninterrupted, secure, or error-free manner. We assume no responsibility for, and make no warranty or representation as to, the accuracy, completeness, reliability, usefulness, or decency of the Site. In addition, any information presented on our Site as of a particular date may only be accurate as of such date, and we disclaim any responsibility to update such information. 

    You expressly agree that your access and use of our Site is at your sole risk. We shall not be held responsible for any action taken that is based on the information presented on our Site. Any site content downloaded or otherwise obtained through your use of our Site is at your own risk, and you will be solely responsible for any damage done to your computer or loss of data that results from such activity.

    Any communication or material you transmit to us via our Site or Internet electronic mail is transmitted by you on a non-confidential basis. We make no promise, express or implied, not to use such communication or material for any purpose whatsoever to the fullest extent permitted by Applicable Laws, including reproduction, publication, broadcast, and posting.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL MEDIKINE, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF MEDIKINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT. YOU SPECIFICALLY AGREE THAT MEDIKINE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF MEDIKINE AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MEDIKINE TO ACCESS AND USE THE SITE OR USD $50. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, MEDIKINE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

  3. No Patient or Client Relationship; No Medical Advice

    THE SITE MAY CONTAIN GENERAL INFORMATION RELATING TO CERTAIN MEDICAL CONDITIONS AND THEIR TREATMENT. SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. OUR SITE DOES NOT, AND IS NOT INTENDED IN ANY WAY TO, PROVIDE MEDICAL ADVICE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THIS SITE SHOULD NOT BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE USING ANY PRODUCT DISCUSSED ON THE SITE. IF YOU HAVE AN URGENT MEDICAL ISSUE, CONTACT YOUR MEDICAL PROVIDER IMMEDIATELY.

    Your use of our Site does not create a patient or client relationship between you and Medikine. Under no circumstances should you alter your existing medical treatment, medication regimen, or any other related healthcare activities based on any information provided on our Site. Our Site may contain information regarding research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by Medikine of the study, trial, or treatment. We assume no responsibility for informing users regarding any such studies, trials, and treatments and make no guaranty as to the completeness or accuracy of such information. It is the responsibility of each user to request their doctor to contact the relevant investigators and pursue participation in a study, trial, or treatment.

  4. News, Press Releases, and Publications

    Our Site may contain information, news, press releases, and/or publications, the content of which is accurate or current only as of the date of the particular information, news, press release, or posting. We do not update press releases once they have been made public.

  5. Intellectual Property: Copyright and Trademarks

    The trademarks, trade names, logos, and service marks (collectively “Trademarks”) displayed on our Site are registered and unregistered trademarks and service marks owned by Medikine or its subsidiaries or affiliates or a third party. These Trademarks are the property of Medikine or third parties and shall remain the property of Medikine and such third parties. Nothing contained in our Site shall be construed as granting, by implication or otherwise, any license or right to use any such Trademark without the prior written permission of Medikine or such third party that may own such Trademark. Your misuse of any such Trademark, or any other Site Content, is strictly prohibited.

    As between you and Medikine, our Site and all material on our Site or contained therein, all text, graphics, and other works on our Site, our Site’s design and coding, all computer programs used and licensed in connection with our Site, the look and feel of our Site, and all data and reports generated by our Site are owned by us or a third party, including all intellectual property rights therein (collectively, the “Site Content”). These materials are protected under copyright, trademark, and other laws. You may not copy, download (except as permitted by the normal functioning of your web browser’s cache), transmit, modify, distribute, or republish the Site or any portion of the Site, including witharbout limitation any of the Site Content without the prior written consent of Medikine. You may not sell, publicly perform or display, publish, edit, adapt, create derivative works of, reverse engineer, assign, sub-license, transfer, or otherwise exploit the Site or any Site Content. Except as expressly permitted under these Terms, use of any Site Content is prohibited without the prior written permission of Medikine. As long as you comply with these Terms, Medikine grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and make personal, non-commercial use of the Site in compliance with these Terms. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Site or Site Content; (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms. All rights not expressly granted herein are reserved. It is the policy of Medikine to enforce its intellectual property rights to the fullest extent permitted under law. We expressly prohibit use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, and any such use or misuse may violate copyright law, trademark law, communications regulations and statutes, and other Applicable Laws.

  6. Restrictions on Your Use of Our Site

    You agree not to: (i) sell, lease, license, or sublicense our Site or any of the Site Content; (ii) decompile, disassemble, or reverse engineer our Site, in whole or in part; (iii) write or develop any derivative work based upon our Site or anything else accessible through our Site; (iv) use our Site in violation of any Applicable Laws or these Terms; (v) use our Site for purposes of competitive analysis of our Site, the development of competing products or services, spamming, or to promote or facilitate disruptive commercial messages or advertisements, or any other purpose that is to the commercial disadvantage of Medikine; (vi) retrieve, index, scrape, harvest, data mine, or otherwise systematically gather or store content of our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) send or otherwise transmit to or through our Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials; (viii) attempt to gain unauthorized access to any part of our Site or any server, computer, or database connected to our Site; (ix) use our Site in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity; (x) use our Site to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious, or harmful code or use any items of a destructive nature; or (xi) copy, reproduce, distribute, republish, download, display, post or transmit any part of our Site in any form or by any means, except as expressly stated herein. Unless otherwise indicated, any future release, update, or other addition to functionality of our Site shall be subject to these Terms. All copyright and other proprietary notices on our Site (or on any content displayed on our Site) must be retained on all copies thereof. Any illegal activities undertaken in connection with the Site may be referred to the authorities. 

    You acknowledge and agree that Medikine will have no obligation to provide you with any support or maintenance in connection with our Site.

  7. Your Content

    You acknowledge and agree that you are solely responsible and liable for all data, information, material, comments, and all other content uploaded, posted, or transmitted by you through or to our Site (“User Content”). You agree that: (1) your User Content is true, complete, accurate, and non-infringing of any other person’s rights and you will promptly update or correct any User Content on becoming aware of any errors or inaccuracies and will provide us with such assistance as we may reasonably require to identify and remedy any unauthorized use of User Content; (2) you have elected to transmit through, or otherwise upload material to, our Site in your sole discretion and you are solely responsible for any claims or allegations contained in any User Content transmitted or uploaded; (3) we may in our absolute discretion at any time and without notice to you remove, cause to be removed, or decline to display any User Content on our Site; and (4) we will be under no obligation to monitor or censor User Content that appears on our Site, but we reserve the right to do so.

    By transmitting or uploading any User Content on our Site you hereby grant to Medikine, free of charge and on a non-exclusive basis, a perpetual, royalty free, transferable license to use the User Content in any way, in and on any media, including the right to modify and adapt the User Content. You warrant that any User Content transmitted through, or uploaded to, our Site complies with these Terms, and you will be liable to Medikine for any loss or damage we suffer as a result of a breach of this warranty.

    To the fullest extent permitted by Applicable Laws, Medikine accepts no responsibility for any User Content. If you become aware of any User Content that contravenes or potentially contravenes the Terms, please let us know by emailing info@medikine.com. Without limitation, you acknowledge and agree that Medikine may disclose or use any User Content that you transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Medikine, its customers, or the public. We reserve the right to disclose your identity to any party claiming User Content transmitted by you through, or uploaded by you to, our Site constitutes a violation of their intellectual property rights or of their right to privacy.

    We do not and cannot review all User Content posted to the Site, or created by users accessing the Site, and we are not in any manner responsible for the content of any User Content. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND MEDIKINE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR. 

  8. Notice of Copyright Infringement

    If you believe that any content on our Site infringes on any copyright that you own or control, or that any link on our Site directs users to another website that contains material that infringes on any copyright that you own or control, you may file a notification of such infringement with us as set forth below. Notifications should include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

    • Contact information for the notifying party, including name, address, telephone number, and email address.

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Please submit this notice to us at info@medikine.com.

  9. Legal Requirements

    Where Medikine has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, we may disclose IP addresses, personal information, and any contents of the Site to applicable authorities. Please see the Privacy Policy for additional information relating to the privacy and security of information collected in connection with your access and use of the Site.

  10. Third-Party Websites and Other Applications

    Our Site may include hyperlinks to websites, plug-ins, and applications maintained or controlled by other third parties. We disclaim any responsibility for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered through these websites, plug-ins, and applications. Medikine may provide tools that enable you to export information to third-party services, including through our implementation of third-party interfaces (such as “like” or “share” buttons to export information to social media websites). To the maximum extent permitted by Applicable Laws, by using one of these tools you agree and consent to our transfer of your information to the applicable third-party service. On accessing such third-party services, you become subject to the terms of conditions imposed by the operator of such service. Third-party services are not under our control, and we disclaim any responsibility for any third-party service’s use of your exported information. If you do not wish to export your information, do not use the third-party interface or the third-party service. The third-party service may also contain links to third-party websites. Linked third-party websites are not under our control, and we hereby disclaim any responsibility for their content.

  11. Indemnity

    To the maximum extent permitted by Applicable Laws, you agree to defend, indemnify, and hold harmless Medikine and its subsidiaries, affiliates, officers, employees, agents and representatives (the “Indemnitees”) from and against all third-party complaints, charges, claims, losses, liabilities, expenses, costs, and damages (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Site; (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without the prior written consent of Medikine. Medikine will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

  12. Severability

    Each of the provisions of these Terms operates separately. If one or more provisions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect. Without limiting the generality of the preceding sentence, if any remedy set forth in these Terms is determined to have failed of its essential purpose, then all other provisions of these Terms, including the limitation of liability and exclusion of damages, shall remain in full force and effect.

  13. Governing Law

    These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Delaware, U.S.A. without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the United States, shall not apply. No action arising under these Terms may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

    The Site is hosted in the United States of America and is intended for use by residents of the United States of America only. All matters relating to the Site are governed exclusively by the laws of the State of Delaware in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. 

  14. Termination

    These Terms are effective unless and until terminated by either you or Medikine. You may terminate the Terms at any time, provided that you discontinue any further use of our Site. We also may terminate the Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to our Site. Medikine will not have any liability whatsoever to you for any termination of your rights under these Terms. 

  15. Electronic Communications

    The communications between you and Medikine use electronic means, whether you use our Site or send us emails, or whether we post notices on our Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from Medikine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

  16. Entire Terms; Modification

    These Terms constitute the entire agreement between you and us regarding the use of our Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Medikine’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

    We reserve the right, at any time, to modify, suspend, or discontinue our Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Site or any part thereof.

  17. Contact Information

    All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Medikine at the following contact: Medikine, Inc., Attn: Legal Department, 1455 Adams Drive, Suite 1180, Menlo Park, CA 94025 or by email: info@medikine.com.