Terms of Use - Aura Biosciences

Last Revised: December 9, 2021

Welcome to Aura!

Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this website at www.aurabiosciences.com or its subdomains (this “Website”). Your use of this Website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use. If you do not agree to these Terms of Use, you should exit this Website now.

GENERAL. This Website is provided by Aura Biosciences, Inc. (“Aura,” “we”, “us” or “our”) to provide general information about Aura, our products and our product candidates. Nothing on this Website should be construed as an offer to form a binding contract, or as granting any license or transfer of rights. Your use of this Website is at your own risk. Notwithstanding any other provision herein, Aura 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, Aura may suspend, discontinue or modify the Website at any time for any reason, without notice or any other obligation to you.

YOUR USE OF THE WEBSITE AND ANY CONTENT ON THE WEBSITE. This Website, and the information which it contains, is the property of Aura and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. All trademarks and logos appearing on this Website are the property of their respective owners. Nothing on this Website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights to the 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 the Website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the 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 Aura documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on the 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 the 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 the Website. You may not violate the security of the Website or attempt to gain unauthorized access to the Website or computer systems or networks connected to the 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 Aura and destroy all copies of such information in your possession.

USA. Aura maintains this Website from our offices in the United States of America. This 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 this Website or materials in our Website are appropriate or available for access or use in other countries. If you access this 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 this 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 this Website, you consent to such general monitoring. If you submit any information (including without limitation personal information) at this Website, such information will be subject to the Aura privacy policy, which is available through this 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 this Website, and none of the information contained on this 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 Aura publishes on the 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 Aura 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 Aura’s business and advances in healthcare. Such social media pages are not to be used as forums for discussing specific products (whether Aura products or another company’s products). If you have questions or you need to reach us directly, please contact us using the information below. Aura is not responsible for any posts by third parties, and any posts referencing Aura do not necessarily reflect Aura’s views. Aura 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 Aura products or statements that contain information that is confidential, offensive, misleading or infringes a copyright.

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

DISCLAIMER OF ACCURACY, COMPLETENESS AND CURRENCY. While Aura may periodically update or correct information presented on this Website, such information may include typographical errors and/or technical inaccuracies and/or omissions. Aura makes no representation or warranty as to the accuracy, completeness or currency of any information on this Website and expressly disclaims any obligation to update or correct such information. Aura 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 Aura, 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. Aura may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Aura 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. This Website may contain links to Websites maintained by other companies. Aura provides any such links to you only as a convenience. The inclusion of any link does not imply that Aura endorses any third-party Website or third-party company or product. Aura 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 THIS WEBSITE. Links to any document published by Aura on this Website must be made to the home page only, without deleting any frames, or our URL address.

NO WARRANTIES. THIS WEBSITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, AURA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THIS WEBSITE IS FREE OF ERRORS; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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

DISCLAIMER. IN NO EVENT SHALL AURA BE LIABLE TO YOU, ANY OTHER USER OF THIS WEBSITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

LIMITATION. AURA’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 THIS 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.

INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Aura from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. Aura shall provide notice to you of any such claim, suit, or proceeding. Aura reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Aura’s defense of such matter.

TERMINATION OF THE AGREEMENT. Aura reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. Aura reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.

APPLICABLE LAW. This 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 California, USA, where Aura’s corporate office is located. By accessing this Website, you and Aura agree that the laws of California, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this Website or any information it contains. With respect to such disputes, you and Aura also agree and hereby submit to the exclusive personal jurisdiction and venue of any state or federal court located in San Francisco, California, 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. Aura 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: Aura Biosciences, Inc. 85 Bolton Street, Cambridge, MA 02140, USA or via info@aurabiosciences.com.