The information provided on the Rain Oncology Inc. Website (the “Website”) is for general informational and educational use only and is subject to the following terms and conditions of use (these “Terms of Use”) (including the Privacy Policy of the Website) and all applicable laws. By accessing and using this Website, you acknowledge and accept, without limitation or qualification, this Terms of Use Agreement (“Agreement”) and our Privacy Policy. If you do not wish to be bound by this Agreement, you may not access or use any materials on this Website. Rain Oncology Inc. (“Rain,” “we,” “our,” or “us”) reserves the right to amend or modify these Terms of Use in our sole discretion or to impose new conditions at any time, with or without notice. Any such changes or additions shall be effective immediately when we post them. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE WEBSITE AND THIS AGREEMENT PERIODICALLY AND TO BE AWARE OF ANY CHANGES, REVISIONS, OR MODIFICATIONS. WE WILL TRY TO GIVE YOU NOTICE WHEN WE MAKE A MATERIAL CHANGE TO THE WEBSITE OR CONTENT THAT WOULD ADVERSELY AFFECT YOU, BUT THIS MAY NOT ALWAYS BE PRACTICAL, AND WE MAKE NO GUARANTEE THAT SUCH NOTICE WILL BE PROVIDED. YOUR CONTINUED USAGE OF THE WEBSITE WILL MEAN YOU ACCEPT THOSE CHANGES. Your continued use of the Website following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes. To the extent that there is inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use shall govern. If you do not agree to these Terms of Use, please do not use the Website.
In addition, Rain neither warrants nor represents that the use of images or materials from this Website will not infringe the rights of third parties not owned by, or affiliated with, Rain.
You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, e-mail addresses, medical information, or any form of other contact information, or any other information) without their express consent.
By transmitting any message to Rain and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a “Submission” and, collectively, “Submissions”), you are granting Rain a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and display each such Submission, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Website may be used by Rain for any purpose, now or in the future, without any payment or other obligation to you. All Submissions whether solicited or unsolicited, shall become and remain the exclusive property of Rain. You agree that Rain shall have the right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent. If you provide contact information, you also agree that Rain may communicate with you using the contact information that you have provided. Rain is not responsible for communications we attempt to make that you do not receive because the contact information we have on file is incorrect or is no longer being used by you.
By entering the Website, you expressly agree to not make any Submission in connection with the Website, or use the Website in any manner, that: (i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, discriminatory, threatening, abusive, harassing, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, harmful to minors, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) removes any proprietary notices or labels; (x) creates a false identity for the purpose of misleading others; (xi) attempts to disable, bypass, modify, defeat or otherwise circumvent any security tools used on the Website; (xii) contains material irrelevant to the subject matter of the communication; (xiii) attempts to gain unauthorized access to another network or server; (xiv) will run Maillist, Listserv, any form of auto-responder or “spam” on the Website and/or Content, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website and/or Content (including by placing an unreasonable load on the Website’s infrastructure); (xv) assists any third party in engaging in any activity set out in this list above or otherwise prohibited by this Terms of Use; and/or (xvi) enters into any agreement or perform any act which might contravene the purposes and/or effects of this Terms of Use.
You represent and warrant that you own or otherwise control all necessary rights in Submissions that you submit, that such Submissions are accurate, that use of the Submissions you submit will not violate or infringe the rights of any third party or violate these Terms of Use (including without limitation this Section 3), that the Submissions you submit will not cause injury to any person or entity; and that you will comply with all applicable laws, rules, and regulations in your use of the Content and the Site, including this Terms of Use. The sender of such information is fully responsible for its content, including, without limitation, its accuracy and truthfulness and its non-infringement of another party’s proprietary rights.
Rain shall have the absolute right, but not the obligation, to review, edit, or delete any Submission that: (i) violates any term of these Terms of Use (including without limitation any term of this Section 3); and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Submission is offensive or inappropriate shall be within the sole discretion of Rain. Depending on the nature of the violation, Rain shall have the sole discretion to terminate your access to the Website at any time. Please be advised that Rain will fully cooperate with any law enforcement authorities or court order requesting or directing Rain to disclose personal information of anyone who submits a Submission that violates the foregoing terms in accordance with the Privacy Policy of the Website. Although Rain may from time to time monitor or review Submissions submitted on or via the Website, Rain is under no obligation to do so and assumes no responsibility or liability that may result from the content of any Submission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Submission, or any other use of any Submission, does not constitute approval or endorsement by Rain.
We assume neither responsibility for any errors or omissions in the content of this Website nor any liability to update the information contained on this Website. To the fullest extent permitted by law, Rain provides this information “as is” and disclaims all warranties of any kind, both express and implied, including, but not limited to, merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, Rain makes no warranties other than those made expressly in this Agreement. Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi), or service (e.g., internet service providers or ticket sellers) (each, a “Commercial Site” and, collectively, “Commercial Websites”) may not link to the Website without the prior express written consent of Rain, even if the page/area where the link originates does not promote a product, brand, or service.
Websites, services, or browsers other than Commercial Websites (e.g., search engine sites, widely available internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Websites”) may link to the Website without the prior express written consent of Rain if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “rainthera.com,” “The Official Site of Rain”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
The Rain logo, or any trademark of Rain, may not be used as or to link to the website without the prior express written consent of Rain.
No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.
All links to the Website from a Permissible Website must be to the Website’s home page — links to internal pages within the Website (e.g., a player page, a photo gallery or a feature article) are not permitted.
The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
Letter delivered by first class postage prepaid mail or courier to Rain at the following address:
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Website (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Rain waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (“FAA”) at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with Rain.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Rain. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Rain.
YOU AND RAIN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Rain is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14 (“Governing Law”). This provision does not prevent you or Rain from participating in a class-wide settlement of claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Rain with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under Section 9 (“Notice”).
Notwithstanding any provision in this Agreement to the contrary, we agree that if Rain makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Rain.
We may assign these Terms of Use in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms of Use or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise), without Rain’s prior express written consent. In the event that Rain is acquired by or merges with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitably principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms of Use, Rain support staff or other Rain employees do not have the authority to amend any of these Terms of Use or to bind Rain to any legal or other obligation not already set forth in these Terms of Use.
