Last Revised on August 3, 2021
Welcome to the Terms of Use (these “Terms”) for our website located at tyra.bio (the “Website”), for Tyra Biosciences, Inc. (“Company”, “we,” “our” or “us”).
These Terms govern your use of and access to content and services provided by us in connection with the Website. Please read these Terms carefully, as they include important information about your legal rights.
By using or accessing the Website, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Website.
For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and (a) you represent and warrant that you have the authority to bind such entity to these Terms and (b) you agree to these Terms on such entity’s behalf.
1. WHO MAY USE THE WEBSITE
1.1 Minimum Age. You must be 18 years of age or older to use our Website. Minors under the age of 18 but who are at least 13 years of age are only permitted to access or use our Website if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to access or use of the Website. Children under the age of 13 are not permitted to access or use the Website. By accessing or using the Website, you represent and warrant that you meet these requirements.
1.2 Location. Our Website is operated from the United States of America but is generally available for access outside of the United States. We make no representation or warranty that the information on the Website is appropriate or available for use in other locations, and access to our Website from territories where the content of our Website may be illegal is prohibited. Those who choose to access our Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
2. PRIVACY
2.1 Privacy Policy. Our privacy policy describes how we handle the information you provide to us when you use our Website. We encourage you to review our privacy policy.
3. YOUR USE OF THE WEBSITE
3.1 Use of the Website. Subject to your compliance with these Terms, we hereby grant to you a limited right to access and use the Website, and view the content provided to you as part of the Website, for your personal, non-commercial informational purposes only. Except as expressly provided in these Terms, nothing contained in the Website grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of the Company or any third party.
3.2 Restrictions On Your Use of the Website. You may not do any of the following, unless applicable laws prohibit these restrictions or you have our express written permission to do so:
(a) exploit the Website for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(b) download, modify, copy, distribute, transmit, display, perform, reproduce, reverse engineer, publish, license, create derivative works from, or offer for sale any content contained on, or obtained from or through, the Website, including any text, images, audio or video;
(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Website;
(d) use automation software (bots) or any other unauthorized third-party software designed to attempt to gain unauthorized access to, damage, disrupt or modify the Website or otherwise circumvent any technological measure or consent protections of the Website;
(e) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
(f) introduce any viruses, trojan horses, worms or other malicious materials; or
(g) use the Website for illegal, harassing, unethical or disruptive purposes or access or use the Website in any way not expressly permitted by these Terms.
4. OWNERSHIP AND CONTENT
4.1 Ownership of the Website. The Website and its content, including their “look and feel” (e.g., text, graphics, videos, images, logos, color schemes, etc.), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that we and/or our licensors own all right, title and interest in and to the Website (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.
4.2 Ownership of Trademarks. The TYRA name and all related logos, product and service names, and designs are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, and designs that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
4.3 Copyright Infringement. If you believe in good faith that any copyrighted work of yours has been posted on this Website in a way that constitutes infringement of your copyrights, please notify us by providing us with the following information:
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this Website where the material you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material);
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that use of the copyrighted work on the Website in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law;
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner; and
- the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf.
Such notices should be sent to the Company’s Legal Department, which is the agent to receive notices of claims of copyright infringement on the website. The Legal Department may be contacted at legal@tyra.bio, by mail at Tyra Biosciences, Attn: Legal Department – Copyright Agent, 2333 State St. Suite 201, Carlsbad, CA 92008, or by phone at (619) 728-4760.
5. THIRD PARTY SERVICES AND MATERIALS
5.1 Use of Third Party Materials on the Website. The Website may display, include or make available content, data, information, websites or other links, applications or materials from third parties or provide links to certain third party websites (“Third Party Materials”). We do not examine or evaluate the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, quality or any other aspect of such Third Party Materials. We do not endorse and do not assume any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products or services of third parties. Third Party Materials are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials please contact such third party directly.
6. NO MEDICAL ADVICE
6.1 General Information Only. The contents of the Website are for general informational purposes only. Nothing in this Website is intended to be a substitute for professional medical advice, diagnosis, or treatment and it does not provide instruction on the appropriate use of any product or therapy produced or supplied by Company. Users of this Website should be aware that any products or therapies under development described in the Website have not yet been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. The Company does not recommend or endorse any specific therapies, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Company, Company employees, or others appearing on the Website is solely at your own risk.
6.2 Medical Emergencies. If you think you may have a medical emergency, call your doctor or 911 immediately.
7. DISCLAIMERS
7.1 Disclaimers. Your access to and use of the Website are at your own risk. The Website and any related content, tools, features and functionality offered on the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, we, our parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (b) any harm to your computer system, loss of data or other harm that results from your access to or use of the Website; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Website will be available on an uninterrupted, secure or error-free basis. You understand that we may modify, expand, reduce, suspend, disable or terminate all or any part of the Website at any time or discontinue, change or restrict your use of the Website for any reason without notice. No advice or information, whether oral or written, obtained from the Company Entities or through the Website, will create any warranty or representation not expressly made herein. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
8. LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE.
Some states or jurisdictions (SUCH AS THE STATE OF NEW JERSEY) do not allow the exclusion or the limitation of liability for consequential or incidental damages; in such states or jurisdictions, the liability of THE COMPANY shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. SECURITIES LAWS
9.1 Forward-Looking Statements. This Website contains forward-looking statements about the Company’s future expectations, plans, prospects, objectives and strategies and the Company’s actual results, performance, or achievements may differ materially from those expressed or implied by any forward-looking statements due to a number of known and unknown risks and uncertainties, and other factors, many of which are beyond Company’s control. The Company has no obligation to update any forward-looking statements appearing on the Site as a result of new information or future events. The Company does not intend for any information contained in the Website to be incorporated into or considered to be part of any of Company’s filings with the Securities and Exchange Commission.
9.2 No Offers. Nothing contained in this Website constitutes an offer, solicitation or recommendation regarding any security of the Company or any third party.
10. ADDITIONAL PROVISIONS
10.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.2 Jurisdiction; Choice of Law. These Terms and your use of the Website shall be governed by the laws of California, without regard to its conflict of law provisions that would result in the application of any laws other than the law of California. Any disputes under these Terms shall be adjudicated in the state or federal courts located in San Diego, California, USA, and you consent to the exclusive jurisdiction of said courts.
10.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.5 Severability. If any provision of these Terms, in full or in part, shall be unlawful, void or for any reason unenforceable, then that provision, in full or in part, shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
10.6 Miscellaneous. These Terms and the licenses granted hereunder may be assigned by us but may not be assigned by you without our prior express written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Website are operated by us in the United States. Those who choose to access the Website from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
10.7 How to Contact Us. You may contact us regarding the Website or these Terms at 2656 State St., Carlsbad, CA 92008, by phone at (619) 728-4760, or by e-mail at info@tyra.bio.