Terms of Service
Last Updated: May 3, 2022
Eikonoklastes Therapeutics (“Eikonklastes,” “us,” “we,” or “our”) is pleased to provide you with the information on this website for informational purposes. These Terms of Service (the “Terms”) govern your use of our website (www.eikonoklastes.com) and other online services (together, the “Service”).
Eikonoklastes reserves the right to delete, modify or supplement the content of this website for any reason without notification.
The content of this website, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), is owned or controlled by Eikonoklastes, our licensors, and certain other third parties. All rights, title, and interest in and to the content and Intellectual Property available via the Service (the “Content”) is the property of Eikonoklastes, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Eikonoklastes owns all rights in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Limited Right to Use the Service
In exchange for your agreement to these Terms, Eikonoklastes grants you a limited, non-exclusive, personal, revocable right and license to access, and use the functionality of our Service. Your right to use the Service is subject to your strict compliance with these Terms. Your right to access and use the Service shall automatically terminate upon any violation of these Terms. As your right to access and use the Service is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. You may access and use the Service for your personal, non-commercial, lawful use only. You shall not use the Service or the Content in a manner that exceeds your rights under these Terms. You shall not use the Service in a manner that infringes, misappropriates, or violates the intellectual property rights or other rights (including the rights of publicity and privacy) of Eikonoklastes or any third party. We are not responsible for any third parties or their content (including sites or advertisements), including those made available or linked to on the Service.
Unless we otherwise agree in writing, we have no obligation to treat anything that you submit to us, including plans, information, or other materials (“Submissions”) as confidential. We may use any Submissions through the Service for any purpose and in any manner.
You represent and warrant that you have all rights in and to your Submissions such that the use and processing thereof by Eikonoklastes does not and will not infringe, misappropriate, or violate the Intellectual Property rights or other rights (including the rights of publicity and privacy) of any third party.
Service and content Use Restrictions
You agree that you will not: (i) use the Service for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Eikonoklastes intellectual property; (iii) engage in any activities through or in connection with the Service that seek or attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Eikonoklastes; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any software or other products, Service, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Eikonoklastes, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (vii) harvest or otherwise collect or store any information about other users of the Service without the express consent of such users; (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms.
You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Eikonoklastes or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
No Offer, Solicitation or Advice
Except as otherwise provided in writing, nothing on the Service (including any Content) is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by Eikonoklastes in writing, neither the Service nor any of the Content thereon is meant to present a comprehensive or balanced description of Eikonoklastes or its investment activities.
Forward Looking Statements Disclaimer
The statements contained on the Service may contain certain forward-looking statements relating to Eikonoklastes that are based on the beliefs of Eikonoklastes’ management as well as assumptions made by and information currently available to Eikonoklastes’ management. These forward-looking statements are, by their nature, subject to significant risks and uncertainties. These forward-looking statements include, without limitation, statements relating to Eikonoklastes’ business prospects, future developments, trends and conditions in the industry and geographical markets in which Eikonoklastes operates, its strategies, plans, objectives and goals, its ability to control costs, statements relating to prices, volumes, operations, margins, overall market trends, risk management and exchange rates.
When used on the Service, the words “anticipate”, “believe”, “could”, “estimate”, “expect”, “going forward”, “intend”, “may”, “ought to”, “plan”, “project”, “seek”, “should”, “will”, “would” and similar expressions, as they relate to Eikonoklastes or Eikonoklastes’ management, are intended to identify forward-looking statements. These forward-looking statements reflect Eikonoklastes’ views at the time such statements were made with respect to future events and are not a guarantee of future performance or developments. You are strongly cautioned that reliance on any forward-looking statements involves known and unknown risks and uncertainties. Actual results and events may differ materially from information contained in the forward-looking statements as a result of a number of factors, including any changes in the laws, rules and regulations relating to any aspects of Eikonoklastes’ business operations, general economic, market and business conditions, including capital market developments, changes or volatility in interest rates, foreign exchange rates, equity prices or other rates or prices, the actions and developments of Eikonoklastes’ competitors and the effects of competition in the insurance industry on the demand for, and price of Eikonoklastes’ products and services, various business opportunities that Eikonoklastes may or may not pursue, changes in population growth and other demographic trends, including mortality, morbidity and longevity rates, persistency levels, Eikonoklastes’ ability to identify, measure, monitor and control risks in Eikonoklastes’ business, including its ability to manage and adapt its overall risk profile and risk management practices, its ability to properly price its products and services and establish reserves for future policy benefits and claims, seasonal fluctuations and factors beyond Eikonoklastes’ control. Subject to the requirements of the Listing Rules, Eikonoklastes does not intend to update or otherwise revise such forward-looking statements, whether as a result of new information, future events or otherwise. As a result of these and other risks, uncertainties and assumptions, forward-looking events and circumstances discussed on the Service might not occur in the way Eikonoklastes expects, or at all. Accordingly, you should not place reliance on any forward-looking information or statements. All forward-looking statements on the Service are qualified by reference to the cautionary statements set forth in this section.
Availability of the Service
While we use commercially reasonable efforts to keep our Service accessible, it may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Additionally, many features of the Service require a cellular data connection or internet connection. Eikonoklastes is not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
DISCLAIMER OF WARRANTIES
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS BASIS. EIKONOKLASTES, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “EIKONOKLASTES PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, THAT THE SERVICE, OR CONTENT OR OTHER EIKONOKLASTES PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EIKONOKLASTES PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIKONOKLASTES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICE, CONTENT, OR OTHER EIKONOKLASTES PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE EIKONOKLASTES PARTIES’ TOTAL LIABILITY TO YOU EXCEED, IN THE AGGREGATE FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, AN AMOUNT THAT IS THE LESSER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID EIKONOKLASTES IN THE LAST YEAR FOR ACCESS TO THE SERVICE.
YOU ACKNOWLEDGE THAT EIKONOKLASTES WOULD NOT PROVIDE ACCESS TO THE SERVICE IF NOT FOR THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES, AND THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES ARE ESSENTIAL ELEMENTS OF THE TERMS. THESE LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OR ANY APPLICABLE ADDITIONAL TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE EIKONOKLASTES PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These Terms of Service are the entire understanding between you and us regarding the use of the Service, and supersede all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms in our sole discretion. You should periodically review these Terms so that you are aware of the terms and conditions that apply to your use of the Service. Your use of the Service after any modification constitutes your acceptance of the most recent version of these Terms as modified. These Terms and all of your rights and obligations under them are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under it.
For help with the Service or if you have any questions or concerns regarding the Service or these Terms, please contact us at firstname.lastname@example.org.