Last revised – September 16, 2016
The following terms and conditions shall govern your use of the Biohaven website, located at https://biohavenpharma.com (the “Website“), as well as any activities and actions enabled through the Website (together with the Website itself, the “Services”).
By using the Services, you (the “User“) accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES.
This Agreement constitutes the entire agreement between you and us, Biohaven Pharmaceuticals Holding Company Ltd. (the “Owners“), with respect to the use of the Services, and shall replace any and all other agreements.
You are granted permission to use the Services subject to your full compliance with the provisions of this Agreement.
You may not use any of the Services if you are under the age of 14 or lack the legal capacity to do so.
While using the Website, you may not perform, intentionally or carelessly, any of the following:
Browse, surf, process, scan or use the services of the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Owners have not provided you with a direct link (including, without limitation, URL Hacking).
Carry out any action which may infringe the copyrights of the Owners or any other copyright holder.
Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, or is likely to offend or harm the public order.
We reserve the right to bar you from using any of the Services, and suspend or cancel any action carried out on the Website, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
- Suitability of Services
Services are provided As-Is. The Owners cannot guarantee the suitability of the Services to your needs or the availability of any of the Services.
You are responsible to verify, prior to using the Services, their suitability to your needs, and you will have no claim against the Owners due to any mismatch of the Services.
- Via the Website you may subscribe to our electronic newsletter (the “Newsletter“), that will be sent from time to time to the email address supplied by you (the “Email Address“).
By subscribing to the Newsletter, you explicitly allow Owners to send via the supplied Email Address advertisements related to products and services offered by Owners.
You may unsubscribe from the Newsletter at any time.
- Responsibility for Information
Information presented through the Services (the “Information“) shall not constitute advice or professional opinion but rather the personal opinion of the Services’ users, the Owners, officers or their employees. The Owners do not represent in any way that any Information is accurate, complete or error free.
- EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
SUBJECT TO THE APPLICABLE LAW, THE OWNERS, AS WELL AS THEIR OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT OR THIRD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICES (IF PAID) OR $100.
- External Links
Advertisements to third party products may be presented on the Services by an external service, matching the advertisements to the content. It is clarified that the Owners have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
Certain adverts or Hyper-Links used in the Services may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
- Notice of Infringement; DMCA Compliance
If you have cause to believe any Services’ content to be in violation to the terms hereunder or in infringement of any applicable law, we would appreciate it if you would notify us of such content via our “Contact Us” form, stating the violating content and the nature of violation.
All rights, title and interest in and to the Website, its design, source code, and content elements are held exclusively by the Owners or the content creator, as applicable, and unless explicitly permitted by the Owners, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
The trade-name “Biohaven” and the Biohaven logo are used by the Owners in regard with their services and products and may not be used without their explicit permission.
Any other trademarks appearing on the Services, whether currently or in the future, are the property of their respective owners, as applicable.
- Amendment to Services and Terms of Agreement
The Owners may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
You will be entitled to terminate the agreement prior to the amendments taking effect.
The amendments will not affect any actions already taken by you prior to the amendments taking effect.
It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
- Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Services (the “suggestions“) YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Owners will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
You undertake to indemnify the Owners for any losses or damages resulting from any third party claims or complaints arising from, or in connection with your actions on the Services or breach of this Agreement.
- Governing Law and Jurisdiction
This agreement shall be construed and governed by the laws of the British Virgin Islands. Any dispute arising from the terms of this agreement, the use or misuse of the Website or any of the Website’s services shall be subject to the exclusive jurisdiction of the competent courts in the British Virgin Islands.