Terms Of Use

Welcome to the Respira Therapeutics, Inc. ("Respira") web site. Respira maintains this Web Site to provide information to and communicate better with physicians, scientists, patients, investors, and others who may be interested in learning more about Respira and the products and services it offers. You may use this Web Site, provided you comply with these terms and conditions.

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing and using this web site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this web site.

These Terms and Conditions May Change

Respira reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Web Site. These terms and conditions were last revised on April 16, 2012.

Copyright Notice and Limited License

Everything you see and hear on this Web Site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Respira or by one of its affiliates, or by third parties who have licensed their materials to Respira. The entire Content of this Web Site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Respira owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Web Site, provided you:
Only use the Content you download for your personal, noncommercial use or to further your business dealings with Respira. Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Respira. Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Respira. Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. No right, title or interest in the downloaded Content is transferred to you when you download Content from this Web Site. Respira reserves all intellectual property rights in any Content you download from this Web Site. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Respira.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Web Site (the "Trademark(s)") are registered and unregistered trademarks of Respira, one of its affiliates, or third parties who have licensed their Trademarks to Respira or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Respira's written permission.

Unsolicited Ideas

Respira welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Respira through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to Respira through this web site, you assign to Respira, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Respira will be entitled to use any information or materials you submit through this web site for any purpose whatsoever subject to our Privacy Policy, without restriction and without compensating you in any way.

Website Privacy Policy

Please review the Respira Privacy Policy, pertaining to the use of personal data collected through this Web Site, which is incorporated by reference as part of these Terms and Conditions.

Links to Other Web Sites

This site may contain hyperlinks to web sites that are not operated by Respira. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party web sites or any association with their operators. Respira does not review or control these web sites and is not responsible for their content. Respira expressly disclaims any responsibility for the content of any third party web sites linked to our Web Site or the products or services of such third party. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. Respira does not make any representations regarding the content or accuracy of materials on such non-Respira web sites or the products or services of any third party operating such web sites. You access and use these web sites (and the web sites to which they link) solely at your own risk.

Products and Technologies are not Cleared or Approved by the U.S. FDA or any other non-U.S. Regulatory Agency

The technologies and products shown, described, or discussed on this web site are for informational purposes only and have not been approved for human use by any regulatory agency, including the USFDA. Respira does not represent the use of its technologies or products for any human or medical use and does not make any claim as to their clinical benefit, safety, or efficacy.

Global Availability

Because different countries around the world have different laws and regulatory requirements, some medical devices, pharmaceuticals, and treatments are available in some countries and not in others. This Web Site contains references or cross references to Respira technology, products, programs and services that may not available or announced in your country. These references do not imply that Respira intends to announce such products, programs or services in your country. Contact Respira if you have questions about which products, programs and services may be available to you.

Not a Substitute for Medical Advice

The information provided on this Web Site is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, RESPIRA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, RESPIRA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. RESPIRA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RESPIRA IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. RESPIRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. RESPIRA MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEB SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. LIMITATION OF LIABILITY YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL RESPIRA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF RESPIRA OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNEN FORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RESPIRA AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RESPIRA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE MATERIALS (INCLUDING SOFTWARE) OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. RESPIRA SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

Governing Law and Jurisdiction

This Web Site is controlled and operated by Respira from its offices within the State of New Mexico in the United States. Any claim relating to these Terms and Conditions and/or the use of this Web Site shall be governed by the laws of New Mexico. By using this Web Site, you consent to personal jurisdiction in the federal and state courts of California for any action arising out of or relating to this Web Site, these Terms and Conditions or your use of this Web Site. The federal and state courts of New Mexico shall have exclusive jurisdiction over all such actions.

Severability and No Waiver

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement

This Agreement constitutes the entire agreement between you and Respira with respect to your access to and/or use of this Web Site and shall not be modified except by Respira as provided herein or through a written document signed by both parties.