Last updated: September 11, 2020
Aligos Therapeutics, Inc. (“we”, “our”, “us”) is committed to protecting and respecting your privacy. We are a company established in the United States with a registered office at 1 Corporate Dr., 2nd Floor, and for the purpose of the General Data Protection Regulation (the “GDPR”), we are the data controller.
What types of information do we collect and how do we use it?
Information you give us. You may provide the following information by contacting us via our Website or email:
- Your names;
- Your city, state and country of residence;
- The company you are employed by or affiliated with;
- Your phone number; and
- Your email address.
As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of our products and organization, we will use your information to:
- communicate with you;
- contact you via telephone or email;
- identify our users;
- enforce our Website terms and conditions; or
- provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information).
Technical usage information. When you visit the Website, we automatically collect the information sent to us by your computer, mobile phone, or other access device. This information includes:
- your IP address;
- device information including, but not limited to, identifier, name, and type of operating system;
- mobile network information; and
- standard web information, such as your browser type and the pages you access on our Website.
As it is in our legitimate interests to process your technical usage information to provide effective services and useful content to you we collect this information in order to:
- monitor and analyse trends, usage and activity in connection with our Website and services to improve the Website;
- administer the Website, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis;
- keep the Website safe and secure; or
- measure and understand the effectiveness of the content we serve to you and others.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
How do we share your personal data?
- cloud storage provides located in the United States of America (USA) to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;
- IT Services providers that provide us with SaaS services who we use to store our customer relationship management information, etc.; and
- analytics and search engine providers located in the USA and which store your personal data in USA that assist us in the improvement and optimization of the Website.
We will share your information with law enforcement agencies, public authorities or other organizations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:
- comply with a legal obligation, process or request;
- enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;
- detect, prevent or otherwise address security, fraud or technical issues; or
- protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
We will also disclose your information to third parties:
- in the event that we sell any business or assets, in which case we will disclose your data to the prospective buyer of such business or assets; or
- if we or substantially all of our assets are acquired by a third party, in which case information held by us about our users will be one of the transferred assets.
Where do we store your personal data?
The information that we collect from you will be transferred to, and stored at/processed in the USAYour personal data is also processed by staff operating outside the EEA who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this policy.
The security of your personal data
Unfortunately, the transmission of information via the internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted through the Website or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal data against loss, theft and unauthorized use, access or modification.
We will, from time to time, host links to and from the websites of our affiliates or third parties. If you follow a link to any of these websites, these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to those websites.
How long do we store your personal data?
We will retain your information as follows:
- if you contact us via email or a contact form on the Website, we will keep your data [12months]; and
- your technical usage information for [12 months].
- location data: 12 months];
- data on your use of our Website: 12 months]; and
You have the right to ask us to access the personal data we hold about you and be provided with certain information about how we use your personal data and who we share it with. You also have the right to ask us to correct your personal data where it is inaccurate or incomplete.
In certain circumstances, you have the right to ask us to delete the personal data we hold about you:
- where you believe that it is no longer necessary for us to hold your personal data;
- where we are processing your personal data on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; or
- where you believe the personal data we hold about you is being unlawfully processed by us.
In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal data:
- where you believe the personal data we hold about you is inaccurate and while we verify accuracy;
- where we want to erase your personal data as the processing is unlawful but you want us to continue to store it;
- where we no longer need your personal data for the purposes of our processing but you require us to retain the data for the establishment, exercise or defence of legal claims; or
- where you have objected to us processing your personal data based on our legitimate interests and we are considering your objection.
In addition, you can object to our processing of your personal data based on our legitimate interests and we will no longer process your personal data unless we can demonstrate an overriding legitimate ground.
To exercise any of these rights above, please contact our Data Protection Officer at email@example.com. In addition, you have the right to complain to an applicable data protection supervisory authority.
Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals, trade secrets or intellectual property, where there are overriding public interest reasons or where we are required by law to retain your personal data.
Your California Privacy Notice
This section applies to California residents in certain situations. Terms used in this section and not otherwise defined have the meaning given to such terms under the California Consumer Privacy Act of 2018 (CCPA).
- Disclosure of Collected Categories of Personal Information
Below we have listed the enumerated categories of personal information under the CCPA’s definition of “personal information” and whether in the preceding twelve (12) months we have: (1) collected such categories of personal ; and (2) disclosed such categories of personal information for a business purpose:
|A. Identifiers||Name, address, e-mail address, IP address||Yes||No|
|B. Personal information categories listed in the California Customer Records statute||Name, telephone number||Yes||No|
|C. Protected classification characteristics under California or federal law||None||No||No|
|D. Commercial information||Records of products purchased, obtained, or considered||No||No|
|E. Biometric information||None||No||No|
|F. Internet or other similar network activity||Information on user’s interaction with the website||Yes||Yes|
|G. Geolocation data||Physical location||No||No|
|H. Sensory data||None||No||No|
|I. Professional or employment-related information||None||No||No|
|J. Non-public education information collected by certain federally funded institutions||None||No||No|
|K. Inferences drawn from other personal information||Profile reflecting a person’s preferences||No||No|
We do not and have not in the last twelve (12) months sold personal information about you.
- California Privacy Rights
The CCPA provides California residents with the additional rights listed below in certain circumstances.
Right to Know. You may have the right to know and see what certain details regarding what information you submit or we have collected about you over the past twelve months, including:
- The specific pieces of personal information we have collected about you;
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting personal information about you; and
- The categories of third parties with whom we have shared personal information about you.
Right to Delete. You may have the right to request deletion of the personal information we have collected from you (and direct our service providers to do the same).
Freedom from Discrimination. You may also have the right not to be discriminated against for exercising any of the rights listed above.
Rights Relating to Direct Marketing. You may be able to request certain details about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year.
Exercising Your California Privacy Rights. To submit a request, please contact us using the contact information below.
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at firstname.lastname@example.org and we will endeavour to deal with your request. This is without prejudice to your right to launch a claim with the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.
Any changes we will make to this policy in the future will be posted on this page. Please check back frequently to see any updates or changes to this policy.
Questions, comments and requests regarding this policy are welcomed and should be addressed to email@example.com.
Last Modified: September 14, 2020
Aligos Therapeutics, Inc. is a privately held biotechnology company that was founded in 2018 with the mission to become a world leader in the treatment of liver diseases and is focused on the development of targeted therapies for hepatologic diseases and viral infections. This website is for information purposes about our therapeutics and research and is not a commercial or consumer-oriented website.
To contact us: US: Aligos Therapeutics, Inc. Attention Data Protection: 1 Corporate Dr., 2nd Floor South San Francisco, CA 94080; European Contact: Gaston Geenslaan 1 / (Building 3) 3001 Leuven, Belgium
If you do not accept the use of non-essential cookies, please disable them by following the instructions below or by changing your browser settings so that cookies or similar technologies from our Sites cannot be placed on your computer or mobile device.
Definition of “Cookies”
Cookies are small text files (i) that uniquely identify your browser or device; and are (ii) used to store and receive information on web browsers, phones and other devices. When you return to a website (or visit websites that use the same cookies) these websites recognize the cookies and your browsing device.
Types of Cookies
Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences and generally improving user experience. Cookies can tell us, for example, whether you have visited our Sites before or whether you are a new visitor.
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘permanent cookies’, meaning that they survive after your browser is closed.
What types of cookies do we use and how do we use them?
We use certain cookies for functionality purposes as explained below (e.g. to distinguish between particular users). Should we choose to use other cookies in the future, this policy will be updated and your consent will be requested prior to our use of these new cookies on the Sites.
We describe below the various types of cookies we use and the functions they perform:
- Browsing or session (essential) cookies: These cookies are used to customize the language preferences of our Sites.
- Customization cookies: These cookies are used to enable certain features.
In detail, the cookies present on the Aligos Sites are as follows:
|Technical name||Data Controller/ Provider||Type of Cookie||Function and purpose of Cookie||Duration||How to disable cookies?|
|_ga||Customization – these cookies store a Client ID, a unique and randomly generated identifier, so that subsequent visits to our Sites can be associated with the same user.||his cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site’s analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.||2 years||You will be able to disable the use of all non-essential cookies through selecting the relevant option on our cookies notice.|
|_gid.||Customization – these cookies store other randomly generated identifiers about users.||This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.||24 hours||You will be able to disable the use of all non-essential cookies through selecting the relevant option on our cookies notice|
|_gat_gtag_UA_130311003_1||Customization||Google uses this cookie to distinguish users.||1 minute||analytics|
Changing Your Cookie Settings
Please note that internet browsers also allow you to change your cookie settings. Most browsers will allow you to choose the level of privacy settings you want. This lets you control your cookie settings so that you can:
- See what cookies you’ve got and delete them on an individual basis;
- Block third party cookies;
- Block cookies from particular sites;
- Block all cookies from being set; or
- Delete all cookies when you close your browser.
These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. To understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari
For further information about deleting or blocking cookies, please visit: About Cookies .
Deleting cookies means that any preference settings you have made on our Sites may be lost. If you have set your preferences to opt out of cookies, this setting will be lost too, as that information is stored in a cookie. If you choose to reject cookies, as noted above, you may not be able to use certain features of our websites and services. We do not recommend turning off all cookies when using our Sites as we cannot guarantee that your experience on our Sites will be as good as it could otherwise be.
We may occasionally amend this Cookies Policy to reflect our activities and user feedback, and we reserve the right to make changes to this Cookies Policy at any time. The provisions contained in this Cookies Policy supersede all previous notices or policies regarding our privacy practices with respect to the Sites. When we post changes to this Cookies Policy, we will revise the “Last Updated” date at the top of this page. If we make any material changes in the way we collect, use, and/or share information held in cookies, we will notify you by prominently posting notice of the changes on our Sites. We encourage you to check our current Cookies Policy frequently to be informed of how we are committed to protecting your information and providing you with improved content on our Sites in order to enhance your experience.
Cookies that Have Been Set in the Past
If you have disabled one or more cookies, we will still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
If you have any questions or comments regarding our Cookies Policy, please contact us at:
Aligos Therapeutics, Inc.
More Information About Cookies
All About Cookies
Useful information about cookies can be found at: All About Cookies
Effective date: September 9, 2020
The website located at www.aligos.com (the “Site”) is a copyrighted work belonging to Aligos Therapeutics, Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 7.2) 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.
1. ACCESS TO THE SITE
1.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
1.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s licensors. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.6 Acceptable Use Policy. You agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site any unsolicited or unauthorized advertising, promotional materials, junk mail, or spam, or any harassing or abusive material or any other unlawful material; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; or (v) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file) .
1.7 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities or terminating license to access and use the Site without prior notice to you.
1.8 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
2. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
3. THIRD PARTY LINKS. The Site may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INFORMATION PRESENTED ON THE SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PERSONALIZED MEDICAL DIAGNOSIS OR TREATMENT ADVICE. ONLY YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL CAN DETERMINE IF A PRODUCT OR TREATMENT DESCRIBED ON THIS SITE IS APPROPRIATE FOR YOU.
5. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
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 THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THIRTY US DOLLARS (U.S. $30). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS 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.
6. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate these terms or your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.5, 2 –7.
7.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon seven (7) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company and our employees, agents, successors, or assigns, regarding or relating to the Site or these Terms shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are
entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, 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 San Francisco, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of subparts (1) and (2) in Section 7.2(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in Section 7.2(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.
(g) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such
termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Company with written notice prior to the date of termination.
(h) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Company and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
7.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
7.4 Disclosures. Company is located at the address in Section 7.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs.
7.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the access and use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.7 Copyright/Trademark Information. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7.8 Contact Information: Aligos Therapeutic, Inc. 1 Corporate Drive, 2nd floor South San Francisco, CA 94080 firstname.lastname@example.org