Terms of use

The following Terms of Use (“Terms”) govern and apply to your use and/or reliance upon this and any website maintained by NiKang Therapeutics, Inc. (“NiKang”) and any of NiKang’s social media offerings (together, “Site”)

.  Access and use of the Site are subject to the terms and conditions set forth herein, all applicable laws, statutes, and regulations and NiKang’s Privacy Statement, each of which are incorporated herein by this reference.

When these Terms refer to “NiKang”, “we”, “us” or “our”, it means NiKang Therapeutics, Inc.

Please read these Terms carefully before using or accessing our Site. By accessing or using the Site, you are accepting these Terms, and you represent and warrant that you have the right, authority and capacity to enter into these Terms.  You may not access or use the Site or accept the terms if you are not at least 18 years old.  If you do not agree to these Terms, please exit the Site immediately.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

NiKang reserves the right to add, remove or modify this Statement at any time without any prior notification.

GENERAL

NiKang maintains this Site to provide general information about NiKang, our products and our product development efforts. Nothing on the Site is to serve as medical or similar professional services or advice. The Site is intended for U.S. audiences only.

PRIVACY POLICY

For a description of NiKang’s privacy practices, please visit our Privacy Statement.

USE OF SITE

By using or accessing the Site, you agree to comply with all laws and regulations applicable to the Site.  You further agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by NiKang or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.

The Site is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site by the Government constitutes acknowledgement of our proprietary rights in the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

NIKANG MAINTAINS THE SITE AS A SERVICE TO THE INTERNET COMMUNITY. THE SITE IS DESIGNED TO PROVIDE GENERAL INFORMATION ABOUT THE SUBJECT MATTER PRESENTED.

NiKang will use reasonable efforts to include accurate and up-to-date information on the Site, but all information is provided “AS IS.” NiKang makes no warranties or representations as to the accuracy of information presented on the Site and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by applicable law.

In addition, any information presented on the Site as of a particular date may only be accurate as of such date and NiKang disclaims any responsibility to update such information. NiKang shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the user’s own risk.

NEITHER NIKANG NOR ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS, USE, OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, EVEN IF NIKANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THE SITE, IF ANY, IN THE THEN PRIOR TWELVE MONTH PERIOD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS, PARTNERS AND COLLABORATORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Any communication or material you transmit to NiKang via the Site or Internet electronic mail is transmitted by you on a non-confidential basis. NiKang makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting.

IMPORTANT HEALTH INFORMATION DISCLAIMER; NO MEDICAL ADVICE OR SERVICES

The Site does not, and is not intended to, provide medical advice, nor does it provide instruction on the appropriate use of any product produced or supplied by NiKang, its affiliates, related companies, or its licensors, licensees or joint venture partners. Users of the Site should be aware that any product(s) under development described herein or therein have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials. The information presented on the Site should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider. It is important that you discuss your treatment options and any questions that you may have with your doctor or healthcare provider.

NEWS & PRESS RELEASES

The Site may contain information, news, and/or press releases, the content of which is accurate or current only as of the date of the particular information, news, press release, or posting. NiKang does not update press releases once they have been made public.

SOCIAL MEDIA OFFERINGS

NiKang may utilize social media accounts or pages from time to time. NiKang’s social media offerings contain news and information about NiKang and provide a place for community members to connect to learn about NiKang. While NiKang welcomes comments and other forms of communication related to NiKang’s social media offerings, NiKang does not commit to respond to any such comments or other forms of communication. NiKang will manage its own social media offerings in line with social media guidelines and regulatory requirements and reserves the right to remove content that is inconsistent with such guidelines and requirements. Examples of content that may be removed include, but are not limited to, disrespectful or otherwise inappropriate postings, medical advice or requests thereof, claims relating to safety or efficacy, investigational product candidates, personal information, spam or unsolicited content, and unrelated or inappropriate information. In addition, NiKang reserves the right to ban anyone from NiKang’s social media offerings who violates these terms.

NiKang’s social media platforms are not suitable forums to report medical side effects related to NiKang’s investigational product candidates. NiKang is not providing and cannot provide medical advice. Any questions regarding your condition, treatment or medical side effects should be directed to your doctor or healthcare provider immediately.

INTELLECTUAL PROPERTY: COPYRIGHTS & TRADEMARKS

The NiKang company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of NiKang, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks, without the written permission of NiKang is prohibited.

The entire content of the Site, including any images or text, is protected by copyright. In consideration for your agreement to these Terms, NiKang grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for personal, non-commercial use, and the Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of NiKang. It is the policy of NiKang to enforce its intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

THIRD PARTY SITES AND OTHER CONTENT

The Site may include hyperlinks to website or other content maintained or controlled by others. NiKang is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites or in such other content.

ARBITRATION AND CLASS ACTION WAIVER

You agree that in the event of any dispute between you and NiKang, you will first contact NiKang and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

Except for disputes brought in small claims court, all disputes, claims, demands, or causes of action between you and NiKang arising out of, relating to or in connection with the Site or these Terms shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration.  There is no judge or jury in arbitration.  Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights.  YOU AND NIKANG AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration.  These Terms are subject to the Federal Arbitration Act.  The arbitrator’s award may be entered in any court of competent jurisdiction.  Notwithstanding any provision in these terms to the contrary, we agree that if NiKang makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to NiKang.  Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

Notwithstanding the foregoing, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.  Such claims shall be exclusively brought in the state or federal courts located in Wilmington, Delaware.  Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the State of Delaware in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located Wilmington, Delaware for such purpose.  A request for interim measures shall not be deemed a waiver of the right to arbitrate.

If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Wilmington, Delaware.  The Services and these terms and conditions are governed by the laws of the State of Delaware without regard to conflict of law provisions.

HOW TO CONTACT US

NiKang Therapeutics, Inc.
200 Powder Mill Road, BLDG E500

Wilmington, DE 19083

Attention: Legal Department

UPDATED:  FEBRUARY 1, 2023