Last updated on September 10, 2024

GENERAL PROVISIONS

Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this website, which includes any information, data, tools, products, services and other content (collectively, the “HighTide Therapeutics Website”). Each time you enter the HighTide Therapeutics Website your use indicates your full acceptance of and agreement to abide by these Terms of Use in their then current form. In that regard, these Terms of Use may be revised from time to time so you should review them periodically. However, if you do not agree to these Terms of Use you should exit the HighTide Therapeutics Website now.

The HighTide Therapeutics Website is provided by HighTide Therapeutics, Inc. (HIGHTIDE) for the convenience of visitors to this site and is designed to provide general information about HIGHTIDE, our products and our product candidates. Nothing on the HighTide Therapeutics Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of the HighTide Therapeutics Website is at your own risk. Notwithstanding any other provision herein, HIGHTIDE reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law. Further, HIGHTIDE may suspend, discontinue or modify the HighTide Therapeutics Website at any time for any reason, without notice or any other obligation to you, and your use of the HighTide Therapeutics Website indicates your acceptance of any revisions to these Terms of Use.

You represent, warrant and covenant that you shall use the HighTide Therapeutics Website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on the HighTide Therapeutics Website. You may not violate the security of the HighTide Therapeutics Website or attempt to gain unauthorized access to the HighTide Therapeutics Website or computer systems or networks connected to the HighTide Therapeutics Website through any means. In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify HIGHTIDE and destroy all copies of such information in your possession.

HIGHTIDE’s Privacy Policy, which is available on the HighTide Therapeutics Website – https://hightidetx.com/ is a part of these Terms of Use. Use of the HighTide Therapeutics Website indicates your consent to the collection and use of your Personal Data/Personal Information as set forth in that Privacy Policy. If you submit any information (including Personal Data/Personal Information) at the HighTide Therapeutics Website, such information will be subject to the HIGHTIDE Privacy Policy. The sender of any information to HIGHTIDE is solely responsible for its content, including, without limitation, its accuracy, truthfulness and non-infringement of any other person’s legal rights.

LIMITED RIGHT TO USE THE HIGHTIDE THERAPEUTICS WEBSITE

HIGHTIDE grants you a limited right to use the HighTide Therapeutics Website only for your own private, non-commercial informational purposes. We authorize you to view, copy, download and print HIGHTIDE documents (such as press releases and other resources) that are made available for public access on the HighTide Therapeutics Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling, crawling, scraping or otherwise deconstructing all or any portion of the HighTide Therapeutics Website.

COPYRIGHTS AND TRADEMARKS

The HighTide Therapeutics Website, and the information which it contains, is the property of HIGHTIDE, its affiliates and/or third parties and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. The trademarks and logos displayed on the HighTide Therapeutics Website are trademarks of HIGHTIDE except as otherwise noted. HIGHTIDE and the HIGHTIDE logo are registered trademarks of HighTide Therapeutics, Inc. All other trademarks referenced herein are the properties of their respective owners. Nothing on the HighTide Therapeutics Website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice. You may not access, monitor or copy any content or information on the Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. You should assume that all content of the HighTide Therapeutics Website is copyrighted unless otherwise noted and may not be used, copied, reproduced, used to create derivative works, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, without the prior express written permission of HIGHTIDE or the original creator of the material, except as may otherwise be provided herein.

YOUR SUBMISSION OF INFORMATION

Any information or data, other than your own Personal Data/Personal Information, that you transmit to, or post on, the HighTide Therapeutics Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary data, and HIGHTIDE shall have no obligation of any kind with respect to such information or data. You are solely responsible for any information or data that you send to HIGHTIDE, including without limitation accuracy, truthfulness and non-infringement or other violation of any other person’s legal rights. HIGHTIDE may use such information or data 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, HIGHTIDE is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any information, data, communication or other material you send to us, whether through the HighTide Therapeutics Website, phone, e-mail or otherwise, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information or data.

MEDICAL ADVICE DISCLAIMER

Any medical information contained on the HighTide Therapeutics Website is general in nature and for informational purposes only. HIGHTIDE does not offer medical diagnosis or treatment from the HighTide Therapeutics Website and no information contained in the HighTide Therapeutics Website is provided with the intention to give medical advice or instructions on the accurate or proper use of any products. You should not use the information contained herein for diagnosing a health problem or disease and HIGHTIDE makes no representations or warranties as to its accuracy. HIGHTIDE cannot answer unsolicited e-mails requesting personal medical advice. If you require a diagnosis or treatment or have questions specific to your health you are urged to contact your healthcare professional.

GENERAL DISCLAIMER

Your use of the HighTide Therapeutics Website and any linked websites is at your own risk, and you assume full responsibility and all risks arising from your use of or reliance on the HighTide Therapeutics Website and/or any product or service available through the HighTide Therapeutics Website. Neither HIGHTIDE, its affiliates, and their respective officers, directors, employees, agents, representatives, data providers, and licensors and their respective heirs and assigns, nor any other party involved in creating, producing or delivering the HighTide Therapeutics Website shall be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising out of your access to, or use of, the HighTide Therapeutics Website or any linked website. This includes damage due to viruses or other harmful or malicious code that may infect your computer equipment. While HIGHTIDE may periodically update or correct information presented on the HighTide Therapeutics Website, the information presented on the HighTide Therapeutics Website may include typographical errors and/or technical inaccuracies and/or omissions. HIGHTIDE makes no representation or warranty as to the accuracy of any information on or at the HighTide Therapeutics Website and expressly disclaims any obligation to update such information. HIGHTIDE also reserves the right to make additions, deletions or modifications to any information on the HighTide Therapeutics Website at any time and from time to time without any prior notice.

WITHOUT LIMITING THE FOREGOING, EVERYTHING AT OR ON THE HIGHTIDE THERAPEUTICS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION HIGHTIDE DOES NOT WARRANT THAT: (A) THE MATERIALS, FUNCTIONS OR SERVICES PROVIDED BY THE HIGHTIDE THERAPEUTICS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; OR (C) THAT THE HIGHTIDE THERAPEUTICS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HIGHTIDE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO HIGHTIDE THROUGH THE WEBSITE (OR THE CONTACT INFORMATION ON THE WEBSITE) WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Some jurisdictions may not allow the exclusion of implied warranties; therefore, some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that HIGHTIDE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HIGHTIDE’s liability will be equal to the minimum permitted under such applicable law.

LINKS TO OTHER WEBSITES

The HighTide Therapeutics Website may contain links to other websites. HIGHTIDE is providing these links to you only as a convenience. HIGHTIDE is not responsible for the content or privacy practices of such other websites linked from the HighTide Therapeutics Website. The inclusion of any such link to another website does not imply that HIGHTIDE endorses any third-party website or third-party company or product. HIGHTIDE 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. Use of any such linked website is at your own risk and is subject to the terms of use of that website. HIGHTIDE is not liable for any damages or injury arising from content contained on other sites, and you release HIGHTIDE, and its affiliates, from any damages that you may incur and you agree not to assert any claims against them arising from your purchase or use of third-party supplied data, products, and services.

LINKS TO THE HIGHTIDE THERAPEUTICS WEBSITE

Links to the HighTide Therapeutics Website or any document published by HIGHTIDE on the HighTide Therapeutics Website should be made to the home page only, without deleting any frames, or our URL address. Links to the HighTide Therapeutics Website from other sites should be text-only and may not include HIGHTIDE’s log or other intellectual property. HIGHTIDE strictly prohibits any suggestions of HIGHTIDE’s endorsement of a specific company, product, or service.

FORWARD-LOOKING STATEMENTS

The HighTide Therapeutics Website contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of ongoing discovery, research and development, clinical development, expectations about the number of patients that will be evaluated, the anticipated date by which enrollment in clinical trials will be completed and the data that will be generated by ongoing and planned clinical trials, and the ability to use that data for the design and initiation of further clinical trials; our expectations regarding the scope and timing of ongoing and potential future clinical trials, 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 applicable stock exchange. Actual results may differ materially from such forward-looking information.

APPLICABLE LAW 

The HighTide Therapeutics Website can be accessed from countries around the world. By accessing the HighTide Therapeutics Website you and HIGHTIDE agree that the laws of the People’s Republic of China, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of the HighTide Therapeutics Website or any information it contains. With respect to such disputes, you and HIGHTIDE also agree and hereby submit to Shenzhen Court of International Arbitration located in Shenzhen, Guangdong Province, PRC.

RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS OF USE 

HIGHTIDE reserves the right to, and may, alter or delete material from the HighTide Therapeutics Website at any time without notice and may also revise these Terms of Use at any time without prior notice. Your use of the HighTide Therapeutics Website indicates your acceptance of any revisions to these Terms of Use. You should visit this page each time you access the HighTide Therapeutics Website to review the then-current conditions applicable to your use of the HighTide Therapeutics Website.

ENTIRE AGREEMENT

These Terms of Use and any other terms and conditions of service on the HighTide Therapeutics Website constitute the entire agreement between you and HIGHTIDE and govern your use of the HighTide Therapeutics Website. Any failure by HIGHTIDE to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.