Effective: September 24, 2018
1.1 Ascentage Pharma Group International (herein referred to as the “Ascentage,” “we,” “us” or “our”) provides and makes available this website (the “Site”). This Site is operated by Ascentage and has been created to provide to our Site visitors (“you,” “your”) information about our company and our research, development, and commercialization activities and information required by applicable laws and regulations. The Site is in no way intended to replace professional medical care or attention by a qualified practitioner. Content (as defined below) cannot and should not be used as a basis for diagnosis or choice of treatment. All use of or linking to any content on the Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site: ascentagepharma.com/terms-of-use. Any use of the Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
1.3 Your access to and use of the Site is also subject to Ascentage’s Privacy Policy located at ascentagepharma.com/privacy-policy, the terms and conditions of which are hereby incorporated herein by reference.
1.4 Forward-Looking Statements. This Site contains forward-looking statements, including statements regarding our future operating or financial performance, business plans and prospects, and our expectations regarding clinical trials, development timelines, and discussions with regulatory authorities related to drugs and drug candidates under development by us and our collaboration partners. In some cases, you can identify forward-looking statements by the following words: “aim,” “anticipate,” “believe,” “can,” “continue,” “could,” “estimate,” “expect,” “goal,” “intend,” “may,” “ongoing,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” “target,” “will,” “would,” or the negative of these terms or other similar expressions, although not all forward-looking statements contain these words. Such statements are based on our management’s current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements . The information presented on the Site is believed to be current as of the date of its original publication. We do not intend to update any forward-looking statements after such date to conform these statements to actual results or to changes in our expectations, except as required by applicable law.
2.1 Content. This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and other applicable intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 Trademarks. The trademarks, service marks, and logos of Ascentage (the “Ascentage Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Ascentage or its subsidiaries or affiliates. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Ascentage Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right, express or implied, under any Trademark displayed on this Site without the prior written consent of Ascentage specific for each such use. The Trademarks may not be used to disparage Ascentage or any third party, Ascentage’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Links to the Site from other sites should be text-only and use of any Trademarks as part of a link to or from any website is prohibited without Ascentage’s prior written consent. All goodwill generated from the use of any Ascentage Trademark shall inure to Ascentage’s benefit.
2.3 Copyrights. You should assume that all Content is copyrighted unless otherwise noted and may not be used without the express written permission of Ascentage. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Ascentage or third-party copyright.
2.4 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) delete or alter any material posted on the Site by Ascentage or any other person or entity, or (e) frame or link to any of the materials or information available on the Site.
2.5 The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Links to External Sites are not a referral or endorsement of any other entity, item, or service. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster of External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.6 Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other applicable laws such as U.S. state, federal, and international laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without the express written consent from Ascentage for each and every instance.
2.7 All Communication is Non-Confidential. Any communication or material that you transmit to, or post on, this Site by email or otherwise, including any data, questions, comments, suggestions, media inquiries, job applications, or the like, is, and will be treated as, non-confidential and nonproprietary information, and Ascentage shall have no obligation of any kind with respect to such information. Ascentage and any of our subsidiaries, affiliates, partners and third-party service providers may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our subsidiaries, affiliates and partners shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information.
3.1 ASCENTAGE, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ASCENTAGE PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE ASCENTAGE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
THE ASCENTAGE PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ASCENTAGE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ASCENTAGE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY ASCENTAGE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR DAMAGES INCURRED ARISING FROM THE PURCHASE OR USE OF THIRD-PARTY SUPPLIED INFORMATION, PRODUCTS, AND SERVICES) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ASCENTAGE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 TO THE EXTENT ANY APPLICABLE LAWS do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, THE LIABILITY OF THE ASCENTAGE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4 Medical Advice Disclaimer. No information on the Site is provided with the intention to give medical advice or instructions on the accurate use of Ascentage’s or its licensors’ drugs or drug candidates for the treatment of any medical condition. Ascentage cannot answer unsolicited emails requesting personal medical advice. Site visitors should always consult a healthcare professional.
5.1 Ascentage reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Ascentage reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of the Site), 3 (Limitation of Liability and Disclaimer of Warranty), 4 (Indemnification), 5 (Termination of the Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6.1 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
6.2 You expressly agree to comply with any applicable export restrictions under any applicable export control laws and not to export or re-export any of the Content to countries or persons prohibited under such export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
This Agreement is governed by the laws of Hong Kong Special Administrative Region. If any provision of this Agreement is found to be unlawful, invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Ascentage to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Ascentage unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Ascentage and you, this Agreement constitutes the entire Agreement between you and Ascentage with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. Ascentage may assign its ownership, control, or other rights to any party at any time without notice to you.
This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Ascentage is not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
