Effective October 2019
THE CONTENT ON THE SITE IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
1. Scope of Use and Restrictions
2. User Obligations
3. Medical Advice Disclaimer
This Site does not provide medical advice. Galera is not engaged in rendering medical or similar professional services or advice and cannot answer unsolicited e-mails requesting personal medical advice.
The information provided on the Site if for informational and educational purposes only and is not intended to replace medical advice offered by a healthcare professional. You should always consult a healthcare professional prior to making any decisions or taking any actions related to any healthcare problem or issue you might have at any time, now or in the future.
5. Product Information
The Galera products discussed on the Site are investigational products. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
6. Copyrights and Trademarks
The Site and the Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by Galera, its affiliates and/or third parties and are protected by intellectual property laws of the United States and other countries.
Product names, logos, trademarks and service marks that are used or displayed on the Site (collectively, called the “Trademarks”) whether registered or unregistered are the exclusive property of Galera or its affiliates and licensors. No use of the Trademarks may be made with Galera’s prior written authorization, except to identify the product or services of the company. Other product names, logos, trademarks and service marks appearing on the Site that are not owned by Galera may not be used without expression permission from its owner.
7. Disclaimer of Warranties; Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT IS PROVIDED “AS-IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GALERA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. GALERA DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED MANNER, BE ERROR FREE OR that defects will be corrected, or that this Site will be free of viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GALERA OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS OF PROFIT, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF GALERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, THIS AGREEMENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. GALERA’S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO $100.00.
9. Applicable Law; Dispute Resolution; Class Action Waiver
Governing Law: The laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this Site or any information it contains.
Exceptions: Notwithstanding the above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (c) seek injunctive relief in a court of law, or (d) to file suit in a court of law to address intellectual property infringement claims.
Notice Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Galera’s address for Notice is: 2 West Liberty Boulevard, Suite 110, Malvern, PA 19355. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Galera may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Galera shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
NO CLASS ACTIONS: YOU AND GALERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Galera agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Opt Out: You may opt out of this dispute resolution procedure. If you opt out, neither you nor Galera can require the other to participate in an arbitration proceeding. To opt out, you must send notice to Galera no later than 30 calendar days from the date of first Payment Transaction: (a) sending an e-mail to info@Galeratx.com, with the subject line: “Arbitration Opt Out” or (b) calling 610-725-1500. Email and telephone are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. If you do not opt out, then you accept all terms and conditions in this Section 9.
10. Links to Other Websites
This Site contains links to websites maintained by other companies. Galera is providing these links to you only as a convenience. The inclusion of any link does not imply that Galera endorses any third-party website or third-party company or product. Galera does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites.
11. Links to Galera’s Websites
Galera encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Galera’s logo or other intellectual property. Any suggestions of Galera endorsement or recommendation of a specific company, product, or service is strictly prohibited.
12. Forward-Looking Statements
This Site contains information that is forward-looking and involves risk and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third-party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.
13. Modification of Site
Galera reserves the right, at any time, to modify the Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Galera will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
14. Changes to This Notice
15. Entire Agreement