Everest Therapeutics Terms and Conditions

Last updated: May 9, 2023

1. Introduction

Welcome to Everest Therapeutics Inc. (“Company”, “we”, “our”, “us”)! Please carefully read the following.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://www.everesttherapeutics.com/ (together or individually “Service”) operated by Everest Therapeutics Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here: https://www.everesttherapeutics.com/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users, and others who wish to access or use the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

4. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

5. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

6. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Everest Therapeutics Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Everest Therapeutics Inc.

7. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Everest Therapeutics Inc.

Everest Therapeutics Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

8. Limitation Of Liability

In no event shall Everest Therapeutics Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Everest Therapeutics Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

10. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Vancouver, British Columbia, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at mark@electrahealth.ca.

Your use of the Service is subject to these Terms. You agree that browsing the site or using our services signifies your assent to Everest Therapeutics Inc.’s Terms and Conditions and Privacy Policy.

This document was last updated on May 9, 2023.