- Scope of Use. Rain maintains this Website for your personal information and education. The information, documents and related graphics are available for your personal use, provided that the materials are not modified in any way and all copyright and other proprietary notices contained on the provided materials are maintained. This Website and all its contents are intended to comply with United States laws that it may be subject to and Rain makes no representation that the information is appropriate for use in locations outside of the United States. Other countries may have laws and regulatory requirements that differ from those in the United States. Those who access this Website from other locations do so on their own initiative and are responsible to comply with applicable local laws and regulations. Any offer, product, or service available through this Website is void where prohibited.
In addition, Rain neither warrants nor represents that the use of images or materials from this Website will not infringe the rights of third parties not owned by, or affiliated with, Rain.
You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, e-mail addresses, medical information, or any form of other contact information, or any other information) without their express consent.
- Non-Confidential Information, Communications, and Submissions. Any oral, written or electronic response or communication established with Rain by any user of this Website shall be deemed non-confidential. Rain shall not have any obligations of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such communication without restriction for any purpose whatsoever.
By transmitting any message to Rain and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a “Submission” and, collectively, “Submissions”), you are granting Rain a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and display each such Submission, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Website may be used by Rain for any purpose, now or in the future, without any payment or other obligation to you. All Submissions whether solicited or unsolicited, shall become and remain the exclusive property of Rain. You agree that Rain shall have the right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent. If you provide contact information, you also agree that Rain may communicate with you using the contact information that you have provided. Rain is not responsible for communications we attempt to make that you do not receive because the contact information we have on file is incorrect or is no longer being used by you.
- Forward-Looking Statements. This Website may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (the “1934 Act”), and in reliance upon the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are based on the beliefs of Rain’s management as well as assumptions made by and information currently available to Rain’s management. Readers should not put undue reliance on these forward-looking statements. Forward-looking statements are inherently subject to risks and uncertainties, including those described in Rain’s filings made under the 1934 Act, some of which cannot be predicted or quantified. Rain’s actual results may differ materially from the results projected in the forward-looking statements.
- Disclaimer of Warranties. While Rain uses reasonable efforts to include accurate and up-to-date information in this Website, we make no warranties or representations of any kind as to the accuracy, currency, reliability, timeliness, or completeness of the information provided, or that the Website will be uninterrupted or free of errors and/or viruses. Rain makes no representation that the materials contained on the Website are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. You specifically acknowledge that Rain is not liable for the defamatory, offensive, or illegal conduct of third parties in relation to the Website and that the risk of injury from the foregoing rests entirely with you.
We assume neither responsibility for any errors or omissions in the content of this Website nor any liability to update the information contained on this Website. To the fullest extent permitted by law, Rain provides this information “as is” and disclaims all warranties of any kind, both express and implied, including, but not limited to, merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, Rain makes no warranties other than those made expressly in this Agreement. Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
- Limitations of Liability. Use of this Website is at the user’s own risk. Neither Rain nor any other party involved in the creating, producing, or delivering the Website is liable for, without limitation, breach of contract, tort or negligence, or for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of this Website, failure of performance, errors, inaccuracies, omissions, defects, untimeliness, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, or unauthenticity of any content on the Website, functionality, reliability, sequencing, compatibility of the Website with the hardware or software you use, speed of delivery of the Website, inability to use the Website or any Content therein, and/or the information provided, regardless of whether Rain has been advised of the possibility of such damages.
- Third Party Websites and Links. This Website may contain references or links to other websites maintained by third parties not under Rain’s control. Such references or links are provided merely for convenience and Rain makes no representations or warranties of any kind with respect to any third party site. Rain is not responsible for the availability of these third-party websites, or their contents. Rain may not have reviewed any or all of the websites linked to the Website and is not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to the Website, off-site pages or other websites is at your own risk and without direction from Rain. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against Rain with respect to such other websites. The inclusion of the reference or link does not imply endorsement of the other website and Rain is not liable for any damages or injuries of any kind arising from such content or information. You should direct any concerns regarding any external link to its website administrator or webmaster. You understand and agree that we have no control over third-party networks you may access in the course of your use of the Website and Content, and therefore, delays and disruption of other network transmissions are completely beyond our control.
- Links to the Website. The following restrictions (“Linkage Restrictions”) apply to all links to the Website from any online, cable, wireless or other website, service, or browser:
Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi), or service (e.g., internet service providers or ticket sellers) (each, a “Commercial Site” and, collectively, “Commercial Websites”) may not link to the Website without the prior express written consent of Rain, even if the page/area where the link originates does not promote a product, brand, or service.
Websites, services, or browsers other than Commercial Websites (e.g., search engine sites, widely available internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Websites”) may link to the Website without the prior express written consent of Rain if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “rainthera.com,” “The Official Site of Rain”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
The Rain logo, or any trademark of Rain, may not be used as or to link to the website without the prior express written consent of Rain.
No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.
All links to the Website from a Permissible Website must be to the Website’s home page — links to internal pages within the Website (e.g., a player page, a photo gallery or a feature article) are not permitted.
The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
- Notice. Rain may give notice to users of the Website by means of a general notice on the Website, electronic mail to a user’s e-mail address if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to Rain (such notice shall be deemed given when received) by any of the following means:
Electronic mail: Click here
Letter delivered by first class postage prepaid mail or courier to Rain at the following address:
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
- Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Rain has designated to the United States Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Rain Oncology Inc.
8000 Jarvis Ave, Suite 204
Newark, California 94560
To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Arbitration. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RAIN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 13 SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Website (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Rain waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (“FAA”) at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with Rain.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Rain. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:
- The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
- Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Rain agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Rain.
YOU AND RAIN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Rain is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14 (“Governing Law”). This provision does not prevent you or Rain from participating in a class-wide settlement of claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Rain with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under Section 9 (“Notice”).
Notwithstanding any provision in this Agreement to the contrary, we agree that if Rain makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Rain.
- Force Majeure. Rain will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to Rain to perform, fire, terrorism, natural disaster, pandemic, or war.