Legal Notices

Please take a few minutes to review the Terms of Use. By accessing and using the Web Site, you agree to be bound by each of the Terms of Use and all applicable federal, state and local laws and regulations governing the Web Site. If you do not agree with each of the Terms of Use, you are not authorized to access or use the Web Site for any purpose.

1. Access Rights

By entering into this Agreement, you are granted a revocable license to access the Web Site without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Web Site or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this Web Site or deny you access to it. Your access privileges may not be transferred by you to any third-parties.

2. Contents not intended for distribution or use where prohibited

The information provided on this Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

3. The Terms of Use may change without prior notice

CuraPharm, Inc. reserves the right to modify these Terms of Use at any time without providing prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use the Web Site. The latest revision date of these Terms of Use is set forth below.4. Notices of restrictions on your use

The Web Site, and all data and information and/or content (the “Content”) that you see, hear or otherwise experience on this Web Site belongs to CuraPharm, Inc. and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by third parties is used on this Web Site with the permission of such third parties.

You may download, print and store selected portions of the Content, provided that, except as expressly authorized by CuraPharm, Inc., you (1) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web Site; and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. CuraPharm, Inc. reserves complete title and full intellectual property rights in any Content you copy or download from the Web Site.

You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site, except as expressly authorized with written permission from CuraPharm, Inc. In addition, use of the Content for any purpose not expressly permitted in the Terms of Use is prohibited. Moreover, you may not use any of the marks appearing throughout the Web Site without express written consent from the trademark owner, except as permitted by applicable law.

5. Disclaimer of warranties

THE INFORMATION ON THE WEB SITE IS PROVIDED “AS IS”. YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE. CURAPHARM, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER IN REGARDS TO THE WEB SITE. CURAPHARM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, AND ANY CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).

CURAPHARM, INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE, THE SERVICES OR ANY CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL CONTENT PROVIDED BY THE WEB SITE.

CURAPHARM, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS WEB SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS WEB SITE OR THE SERVICES WILL BE CORRECTED. CURAPHARM, INC. DOES NOT WARRANT THE ACCURACY OF COMPLETENESS OF THE CONTENT PROVIDED BY THIS WEB SITE OR THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THIS WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS.

6. Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY OF THE CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AXONIC SYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES OF LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, OR THE CONTENT CONTAINED THEREIN DOWNLOADED THROUGH THIS WEB SITE (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSIONS OR DATA, (IV( STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF CURAPHARM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CURAPHARM, INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Personal information and Privacy Policy

Read the CuraPharm, Inc. Privacy Policy.

8. Use conduct

You agree to not take any action that: (i) interferes with the proper working of the Web Site; (ii) imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (iii) might compromise the security of the Web Site; (iv) renders the Web Site inaccessible to others; (v) otherwise causes damage to the Web Site or any Content contained on the Web Site. You agree to not add to, subtract from, or otherwise modify the Content of the Web Site except as expressly authorized by CuraPharm, Inc. in these Terms of Use or by a written agreement between you and CuraPharm, Inc..

9. General Provisions

a. Entire agreement

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by CuraPharm, Inc. of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of errors and inaccuracies

The Content in the Web Site may contain typographical errors or other errors or inaccuracies and my not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. No endorsements of links

Hypertext links to third-party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by CuraPharm, Inc. of the third party, the third-party Web Site, or the information contained therein. You acknowledge and agree that CuraPharm, Inc. is not responsible for the availability of any such Web sites and that CuraPharm, Inc. does not endorse or warrant, and is not responsible or liable for, any such Web Site or the content therein. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web Site.

d. Enforcement

In any part of these Terms of Use is determined to be invalid or unenforceable; it will not impact any other provision of these Terms of Use, all of which will remain in force and in full effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of law provisions. Although you acknowledge that CuraPharm, Inc. will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, U.S.A., regarding any and all disputes relating to these Terms of Use, CuraPharm’s Privacy Policy, your use of the Web Site, any other Web site, or the Content or Material contained therein.

(e) General contact information

In you have any questions about these Terms of Use, the practices of the Web Site, or your dealings with the Web Site, you may contact us by sending a letter via U.S. mail to:

CuraPharm, Inc.

11835 Carmel Mountain Road

Suite 1304-155

San Diego, CA 92128