ACEA DATA PORTAL TERMS AND CONDITIONS
The ACEA Data Portal is a tool being provided to you as a commercial partner of ACEA Therapeutics, Inc. (“ACEA”) to enable you to view, download and use ACEA’s technical data, product specifications, manuals and marketing materials for your commercial and marketing efforts. The Data Portal Terms and Conditions shall manage your use of the website and shall be followed when you use the data portal. By using the ACEA Data Portal, you agree to accept all terms and conditions written herein. You must not use the ACEA Data Portal if you disagree with any of these Terms and Conditions.
Individuals under the age of 18 years old are not allowed to use the ACEA Data Portal.
2. Intellectual Property Rights
All intellectual property rights and materials contained in this Data Portal belong to ACEA.
As a commercial partner, you are granted access to view and download the material contained on this data portal for purposes of sharing, promoting the ACEA product platform and educating your prospective customers. You may incorporate the materials including graphics, images and contents into your marketing and selling materials. See restrictions below.
You are specifically restricted from all of the following:
- Sharing your access credential to anybody within or outside your organization;
- a member of your team should be assigned appropriate access credential based on your approval and request. All access person’s name/email address should be shared with ACEA.
- terminated employees’ emails should be disabled immediately or within 24 hours of termination.
- Any change to access personnel should be informed with ACEA within 2 work business days.
- Altering ACEA brand, logos and corporate style;
- Making changes on officially released documents such as product specifications, brochures, user manuals, procedures and protocols;
- Selling, sublicensing and/or otherwise commercializing any portal material;
- Using the ACEA Data Portal in any way that is or may be damaging to the ACEA Data Portal;
- Using the ACEA Data Portal in any way that impacts user access to the ACEA Data Portal;
- Using the ACEA Data Portal contrary to applicable laws and regulations, or in any way may cause harm to the ACEA Data Portal, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the ACEA Data Portal;
- Using the ACEA Data Portal to engage in any advertising or marketing.
Certain areas of the ACEA Data Portal/Website are restricted from being accessed by you and ACEA may further restrict access by you to any areas of this Website, at any time, in absolute discretion of ACEA. Any user ID and password you may have for the ACEA Data Portal/Website are confidential and you must maintain as such.
4. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS DOCUMENT, THE ACEA DATA PORTAL IS PROVIDED AS-IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MERCHANTABILITY.
5. Limitation of Liability
In no event shall ACEA, or any of its officers, directors and employees, be held liable for anything, indirect, consequential or special liability arising out of or in any way connected with your use of the ACEA Data Portal.
You hereby indemnify ACEA to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
You are not allowed to assign, transfer, or share any of your rights and/or obligations under these Terms.
9. Entire Agreement These Terms constitute the entire agreement between and you in relation to your use of this ACEA Data Portal, and supersede all prior agreements and understandings
10. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.