Palette Life Sciences, Inc. (“Palette,” “we,” “us” or “our”) has created a website at www.deflux.com.au (the “Website” or “Site”) to provide information about the Deflux product and assist individuals seeking a pediatric urologist in Australia.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR CONTENT. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS WEBSITE OR USE THE WEBSITE OR CONTENT.
1.Your Agreement. These Terms govern: (i) your access to and use of the Website; (ii) your access to and use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Palette or our licensors and made available to you through the Website (collectively, “Palette Content”). Please read these Terms carefully; they impose legal obligations on you and on Palette, and establish our legal relationship in relation to your access to and use of, and our provision of the Website and Palette Content. These Terms do not govern the sale or purchase of the Deflux product. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
2. Overview. The Website provides a venue to obtain information about Palette’s Deflux product, our company, and search for pediatric urologists by location.
3. Ownership; Reservation of Rights. The Website and associated Palette Content are the proprietary property of Palette and our licensors, and are protected by U.S., Australian and international copyright, trademark and other intellectual property laws, or are used under the principles of fair use. “Palette” and all product names appearing on this Website are trademarks of Palette. Palette and our licensors retain all rights with respect to the Website and Palette Content except those expressly granted to you in these Terms.
4. Grant of Rights. Subject to your compliance with these Terms, you are granted the right to access our Website and Palette Content solely for your personal, non-commercial use. You shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or Palette Content to any third party; (ii) modify or make derivative works based upon the Website or Palette Content; or (iii) reverse engineer, reverse compile, or access the Website or Palette Content in order to build a competitive product or service.
5. Comments/Feedback. Our Website may allow you to provide comments or feedback regarding our Website and our Palette Content. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and any such comments/feedback will be treated by us as being non-confidential and non-proprietary.
6. Code of Conduct. As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam.”
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
7. Jurisdiction.The Website and Palette Content set out on this Website is intended only for residents of Australia. Certain sections of our Website contain information about our products that are not available in all countries. Approved indications, dosages, restrictions and product presentations may vary from country to country where such products are sold. For such information regarding a particular product, please refer to the full prescribing information as approved by the relevant government regulatory body. Information that we publish on the Internet may contain references or cross-references to our products, programs, and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or services in your country. We reserve the right to limit provision of our products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. You may consult us at email@example.com for information regarding the products, programs and services that may be available to you. Any offer for any product or service made in the materials on this Site is void where prohibited.
8. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct or these Terms. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct or these Terms. To the maximum extent permitted by law, we are not liable to you and assume no responsibility for any loss or damage which you incur or claim as a result (directly or indirectly) of our exercise of rights conferred by this clause.
9. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Palette has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Palette does not endorse the owner or operator of a Linked Site, nor does Palette endorse the content of any Linked Site. Palette does not warrant to you that a Linked Site will be free from computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. To the maximum extent permitted by law, we are not liable to you and assume no responsibility for any loss or damage which you incur or claim as a result of your visit to or reliance on the content of a Linked Site.
10. Warranty Disclaimer. PALETTE DOES NOT REPRESENT OR WARRANT TO YOU THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND PALETTE CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. ALTHOUGH WE WILL USE OUR REASONABLE ENDEAVOURS TO ENSURE THE PALETTE CONTENT IS FREE FROM VIRUSES AND OTHER HARMFUL FEATURES, WE DO NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED AS BEING TOTALLY SECURE AND THAT YOUR DATA SUBMITTED TO US IS TRANSMITTED TO US AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PALETTE EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR OR DISCLOSED PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR HARMFUL FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED CONTENT IS AT YOUR SOLE RISK.
11. NO MEDICAL ADVICE. THE CONTENT ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE PRODUCTS LISTED ON THIS WEBSITE MAY ONLY BE AVAILABLE FROM A QUALIFIED MEDICAL PRACTITIONER. WE CANNOT AND DO NOT OFFER PERSONALISED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT CONTAINED THEREON IS VOLUNTARY. PALETTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO INFORMATION CONTAINED ON THE WEBSITE AND PALETTE SHALL HAVE NO LIABILITY WITH REGARD TO SAME. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT A QUALIFIED MEDICAL PRACTITIONER.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PALETTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE OR PALETTE CONTENT. TO THE EXTENT WE CANNOT LAWFULLY EXCLUDE ANY TERM, GUARANTEE OR LIABILITY TO YOU UNDER THE AUSTRALIAN CONSUMER LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE COST OF RESUPPLYING THE PRODUCTS AND/OR SERVICES TO YOU AND YOU AGREE THAT SUCH LIMITATION OF LIABILITY IS REASONABLE IN THE CIRCUMSTANCES.
13. Indemnity. You agree to defend, indemnify and hold Palette and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
14. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
15. Assignment. These Terms shall not be assignable by you, either in whole or in part. Palette reserves the right to assign its rights and obligations under these Terms.
16. General. These Terms shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of California, in the judicial district where Palette resides. The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Palette’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Palette and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 15 (Assignment); (vi) Section 16 (General); and (vii) Section 17 (Survival).
19. Contact Us. If you have any questions about these Terms, the practices of this Website, or your dealings with Palette, please contact us at:
27 E. Cota
Santa Barbara, CA 93101
+1 (844) 350 – 9656
20. Effective Date. The effective date of these Terms is July 10, 2020.
21. Copyright and Legal Notice. Copyright ©2020 Palette Life Sciences, Inc. All Rights Reserved.