Terms of Use

Last updated: January 28, 2021

Welcome to Goldfinch.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY AS THESE TERMS OF USE APPLIES TO YOUR ACCESS AND USE OF GOLDFINCH, INC., ITS SUBSIDIARIES, AFFILIATES AND AGENTS, (COLLECTIVELY “GOLDFINCH”, OR “WE”, “US” OR “OUR”) WEBSITE at www.goldfinchbio.com, or its subdomains, owned and controlled by us that link to thEsE TERMS OF USE (“WEBSITE”). YOUR USE OF OUR WEBSITE IS SUBJECT TO, AND CONSTITUTES ACCEPTANCE OF, THE CONDITIONS INCLUDED IN THESE TERMS OF USE.  IF YOU DISAGREE WITH ANY PART OF OUR TERMS OF USE, YOU SHOULD EXIT OUR WEBSITE NOW.

GENERAL

Our Website is designed to provide general information about Goldfinch, our products, and our precision medicine product candidates.  Nothing on our Website should be construed as an offer to form a binding contract, or as granting any license or transfer of rights.  Your use of our Website is at your own risk.  Notwithstanding any other provision herein, Goldfinch reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law.  Further, Goldfinch may suspend, discontinue or modify our Website at any time for any reason, without notice or any other obligation to you.

YOUR USE OF OUR WEBSITE AND ANY CONTENT ON THE WEBSITE

Our Website, and the information and content which it contains, is the property of Goldfinch, and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws.  All registered and unregistered trademarks, service marks, and logos appearing on our Website are the property of their respective owners.  Nothing on our Website should be construed to grant any license or right in or to any trademarks, service marks, logos or other intellectual property rights to our Website or any content therein, except as expressly provided in the following paragraph.  All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in this notice.

You may not access, monitor or copy any content or information on our Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of our Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you to view, copy, download and print Goldfinch documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on our Website; provided that (i) such documents shall be used solely for noncommercial, informational purposes; (ii) such documents shall not be modified; and, (iii) no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents.

You represent, warrant and covenant that you shall use our Website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on our Website. You may not violate or interfere with the security of our Website or attempt to gain unauthorized access to our Website or computer systems or networks connected to our Website through any means.

In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify Goldfinch and destroy all copies of such information in your possession.

Goldfinch maintains this Website from our offices in the United States of America. Our Website is intended to be accessed from, and the information contained in the Website is intended to be used within the United States of America. We make no representations that our Website or materials in on our Website are appropriate or available for access or use in other countries. If you access our Website from another country, you do so on your own volition and are responsible for compliance with laws applicable to such access.

MONITORING; PRIVACY

We may monitor access to our Website. If monitored, the requesting URLs, the machine originating the request and the time of the request may be logged for access statistics and security purposes. By using our Website, you agree to such general monitoring.  If you submit any information (including without limitation personal information) at our Website, such information will be subject to the Goldfinch Privacy Policy, which is available through our Website.  Our Privacy Policy is hereby incorporated by reference into these Terms of Use.

MEDICAL INFORMATION; NO MEDICAL ADVICE OR SERVICES

Any information on our Website related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. We do not offer medical diagnosis or treatment from our Website, and none of the information contained on our Website should be construed as providing medical advice or services of any kind. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or healthcare provider. Only your doctor or other healthcare professional can determine if a particular medical treatment is appropriate for you.

PRODUCT AVAILABILITY

Information that Goldfinch publishes on our Website may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Goldfinch intends to announce or make available such products or services to the general public or in your country.

SOCIAL MEDIA

We may utilize social media accounts or pages from time to time.  Our social media pages are designed to facilitate conversations about Goldfinch’ business and advances in healthcare. Such social media pages are not to be used as forums for discussing specific products (whether Goldfinch products or another company’s products).  If you have questions or you need to reach us directly, please contact us using the information provided below. Goldfinch is not responsible for any posts by third parties, and any posts referencing Goldfinch do not necessarily reflect Goldfinch’ views. Goldfinch reserves the right to remove content from its social media pages or block users who post inappropriate content, including, without limitation, statements about unapproved uses of Goldfinch products or statements that contain information that is confidential, offensive, misleading or infringes a copyright.

INVESTMENT DISCLAIMER

All content on our Website is for informational purposes only and no content is intended to be relied upon for trading or investment purposes. Goldfinch will not be responsible for any trading or investment decisions made based on such content. Neither our Website nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of Goldfinch.

DISCLAIMER OF ACCURACY, COMPLETENESS AND CURRENCY

While Goldfinch may periodically update or correct information presented on our Website, such information may include typographical errors and/or technical inaccuracies and/or omissions.  Goldfinch makes no representation or warranty as to the accuracy, completeness or currency of any information on our Website and expressly disclaims any obligation to update or correct such information.  Goldfinch also reserves the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

YOUR SUBMISSION OF INFORMATION TO US

You are solely responsible for any information you send to Goldfinch, including without limitation accuracy, truthfulness and non-infringement or other violation of any other person’s legal rights.  Any communication or material that you transmit to our Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information.  Goldfinch may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Goldfinch is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us, whether through our Website, phone, e-mail or otherwise, for any purpose.

LINKS TO OTHER WEBSITES

Our Website may contain links to websites maintained by other companies.  Goldfinch provides any such links to you only as a convenience.  The inclusion of any link does not imply that Goldfinch endorses any third-party website or third-party company or product.  Goldfinch does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites.

LINKS TO OUR WEBSITE

Links to any document published by Goldfinch on our Website must be made to the home page only, without deleting any frames, or our URL address.

NO WARRANTIES

OUR WEBSITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.WITHOUT LIMITITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, GOLDFINCH DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR WEBSITE IS FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY OUR WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT OUR WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GOLDFINCH AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL DATA OR INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

DISCLAIMER

NEITHER GOLDFINCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLDFINCH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
LIMITATION. GOLDFINCH’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR OUR WEBSITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW

Our Website can be accessed from every U.S. state, as well as from other countries around the world.  Each of those places has laws that may differ from those of the Commonwealth of Massachusetts, USA, where Goldfinch’s corporate office is located.  By accessing our Website, you and Goldfinch agree that the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of our Website or any information it contains.  With respect to such disputes, you and Goldfinch also agree and hereby submit to the exclusive personal jurisdiction and venue of any state or federal court located in Boston, Massachusetts, USA.

MISCELLANEOUS

You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part to any third party without our consent.  These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns.  We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.  These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on this Website.  The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.  If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

CHANGES TO THIS NOTICE

Goldfinch reserves the right to change these Terms of Use from time to time for any reason, which shall be effected by posting of the updated Terms of Use to this Website; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Goldfinch, Inc.,
215 First Street,
4th Floor
Cambridge, MA 02142

info@goldfinchbio.com
© 2021 Goldfinch Bio, Inc. All rights reserved.