These Terms of Use (“Terms”) govern access to and use of aspenneuroscience.com and any Aspen Neuroscience, Inc. webpages that link to these Terms (collectively, the “Website”).
The Website is operated by Aspen Neuroscience, Inc. (“Aspen,” “we,” “us,” or “our”), located at 10835 Road to the Cure, Suite 100, San Diego, California 92121.
By accessing or using the Website, you agree to these Terms and acknowledge Aspen’s Privacy Policy. If you do not agree, do not use the Website.
1. Informational Purpose Only
The Website provides general corporate, scientific, research, product-development, clinical-development, and investor information. Its content is provided for general informational purposes only.
No Medical Advice
The Website does not provide medical advice, diagnosis, treatment, or a substitute for consultation with a qualified healthcare professional. Do not use Website content to make decisions concerning diagnosis, treatment, medication, participation in a clinical trial, or other healthcare matters. Seek the advice of a qualified healthcare professional regarding medical questions.
If you believe you are experiencing a medical emergency, contact emergency services immediately.
References to product candidates, research programs, or clinical trials do not establish that any product is safe, effective, approved, or available for commercial use. Investigational products may not have been approved by the U.S. Food and Drug Administration or another regulatory authority.
No Offer of Securities
Website content does not constitute an offer to sell, or a solicitation of an offer to buy, securities. Investors should rely on Aspen’s applicable filings and authorized investor communications rather than treating Website content as investment advice.
2. Eligibility and Geographic Scope
The Website is intended for adults. By using it, you represent that you are legally capable of agreeing to these Terms.
The Website is operated from the United States. Aspen does not represent that Website content is appropriate, lawful, or available in every jurisdiction. Persons accessing the Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local law.
3. Permitted Use
Aspen grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Website for lawful, personal, and informational purposes.
You may not:
- violate applicable law or another person’s rights;
- interfere with the operation or security of the Website;
- attempt to obtain unauthorized access to any system, account, or data;
- introduce malware or other harmful code;
- impersonate another person or misrepresent an affiliation;
- use automated means to scrape, harvest, or extract Website content except as authorized by Aspen or applicable law;
- bypass access, security, or usage restrictions;
- use the Website to transmit unlawful, infringing, deceptive, or harmful material; or
- use Website content commercially except with Aspen’s prior written permission.
4. Intellectual Property
The Website and its content—including text, graphics, images, logos, designs, audiovisual materials, software, and compilations—are owned by or licensed to Aspen and are protected by applicable intellectual-property laws.
Except for the limited right expressly granted above, these Terms do not grant any license or right under any patent, trademark, copyright, trade-secret, or other intellectual-property right of Aspen or any third party.
Aspen Neuroscience, Aspen’s logos, and associated names and marks are trademarks or service marks of Aspen or its licensors. Third-party names and marks belong to their respective owners. Reference to a third party does not imply endorsement or affiliation.
5. Communications and Submissions
The Website may permit you to contact Aspen or submit an inquiry. You represent that information you submit is accurate and that you have the right to provide it.
Do not submit confidential business information, trade secrets, unsolicited invention disclosures, patient records, or sensitive medical information through a general contact channel.
Aspen will process personal information in accordance with its Privacy Policy and any more specific notice presented at collection. Personal information, job applications, investor communications, and information governed by an express confidentiality obligation are not treated as unrestricted “feedback.”
If you voluntarily submit a suggestion or idea expressly as feedback concerning the Website, without an applicable confidentiality obligation, you grant Aspen a nonexclusive, worldwide, perpetual, irrevocable, sublicensable, transferable, fully paid, royalty-free license to use that feedback for lawful business purposes. This license does not transfer ownership of any patent or patent application and does not override a signed agreement.
6. Third-Party Websites and Services
The Website may contain links to third-party websites or services. Links are provided for convenience and do not constitute Aspen’s endorsement. Aspen does not control and is not responsible for third-party content, products, services, availability, privacy, or security practices.
Your use of a third-party website or service is governed by that third party’s terms and policies.
7. Forward-Looking Statements
The Website may contain forward-looking statements concerning, among other things, Aspen’s plans, objectives, product candidates, research, clinical development, regulatory activities, financing, operations, or anticipated results.
Forward-looking statements involve risks and uncertainties, and actual results may differ materially. Statements speak only as of the date made. Except as required by law, Aspen undertakes no obligation to update a forward-looking statement. Investors should review Aspen’s authorized disclosures and applicable securities filings, if any, for additional information.
8. Website Availability and Changes
Aspen may modify, suspend, withdraw, or discontinue any portion of the Website at any time. Aspen does not guarantee that the Website or any content will remain available, current, complete, or free from errors.
Aspen may restrict or terminate access where it reasonably believes these Terms have been violated or access presents a legal, operational, or security risk.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ASPEN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AND AVAILABILITY.
ASPEN DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPEN AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPEN’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ASPEN, IF ANY, SPECIFICALLY FOR USE OF THE WEBSITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS.
These limitations do not apply to liability that cannot lawfully be excluded or limited.
11. Indemnification
To the extent permitted by law, you agree to indemnify and hold Aspen and its affiliates, officers, directors, employees, and agents harmless from third-party claims, liabilities, damages, judgments, and reasonable costs arising from your unlawful use of the Website, material breach of these Terms, or infringement of a third party’s rights.
Aspen may control the defense and settlement of a covered claim, provided Aspen will not settle a claim in a manner that admits wrongdoing by you or imposes a nonmonetary obligation on you without your consent.
12. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.
Except where applicable law requires otherwise, any dispute arising from or relating to these Terms or the Website will be brought exclusively in the state courts located in San Diego County, California, or the United States District Court for the Southern District of California. You and Aspen consent to the personal jurisdiction of those courts.
13. Changes to These Terms
Aspen may revise these Terms from time to time. Revised Terms will be posted on the Website with an updated effective date. Aspen will provide additional notice or seek affirmative agreement if required by applicable law.
Changes apply prospectively from their effective date. Your continued use of the Website after that date constitutes acceptance to the extent permitted by law.
14. General Provisions
If any provision of these Terms is held unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.
Aspen’s failure to enforce a provision is not a waiver. You may not assign these Terms without Aspen’s prior written consent. Aspen may assign these Terms in connection with a reorganization, merger, acquisition, financing, transfer of assets, or operation of law.
These Terms and the Privacy Policy constitute the entire agreement concerning use of the Website, except where a separate written agreement or specific notice governs.
15. Contact
Questions about these Terms may be directed to:
Aspen Neuroscience, Inc.
10835 Road to the Cure, Suite 100
San Diego, CA 92121
Email: [legal or website contact email]