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PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS WEBSITE (the “Site”). All users of the Site are subject to the following terms and conditions and applicable laws. By using this site, you agree to abide by these terms and conditions and that these terms constitute a binding agreement between you and us. If you do not agree to these terms and conditions, you are not permitted to access and use this Site.

ICON Clinical Research Limited (“ICON”, “we,” “us,” “our”) has published this Site on behalf of [Sponsor Name] (the “Sponsor”) for the purpose of recruiting interested individuals to enroll in the Sponsor’s [Study Name] (the “Study”).

Terms of Use

Eligibility

By using the Site, you represent and warrant that you are at least eighteen (18) years of age and/or are otherwise recognized as being able to form legally binding contracts and have provided accurate, current, and complete information in connection with your use of the Site. You also acknowledge you have reviewed the Sponsor’s Privacy Policy.

Purpose of the Site

This Site is available to help us identify individuals who are interested in participating in the Study. The Site provides information regarding the Study and collects information via a brief pre-screening questionnaire (the “Survey”) to pre-screen your eligibility for the Study. You may be required to provide certain personal information to access certain content on the Site. Your use of this site and completion of the survey is voluntary.

Consent to Use of Data

You agree that:

1. To the extent your use of the Site constitutes an electronic communication, you agree that it is a communication with ICON, the Sponsor, and their service providers.

2. ICON, the Sponsor, and/or their service providers will collect, store, process, maintain, upload, sync, transmit, share, disclose and use your data in accordance with the Sponsor’s Privacy Policy, including to pre-screen your eligibility for the Study and contact you or provide your Data to Study centers so that they may contact you with further information regarding the Study.

Restricted Use of Site

You are not permitted to use the Site to:

  • Establish any link to the Site from another location;
  • Impersonate other individuals or otherwise represent yourself as an employee, agent, or representative of ICON or Sponsor;
  • Harass, threaten, or use abusive language directed at ICON, Sponsor, or any individual in any manner or form;
  • Publish any libelous, defamatory, obscene, abusive, illegal, or otherwise reasonably objectionable statements;
  • Engage in any other illegal conduct;
  • Disseminate advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation;
  • Extract, gather, or use information or other Content available through the Site through any means not intentionally made available or provided for through the Site;
  • Engage in any other conduct that limits other visitors’, ICON’s, or Sponsor’s use of the Site or otherwise exposes them to liability for your use.

You are not permitted to otherwise:

  • Use any bots, spiders, trojans, worms, spyware, ransomware, bombs, viruses, denial-of-service attacks, or any other malicious code, device, or process; or
  • Disable, overburden, damage, or impair the Site.

We reserve the right to block your use or remove your communications due to your misconduct and take any other legally available recourse against you.

Medical Disclaimer

The Site does not provide medical advice. Please consult with your doctor with any questions or concerns you may have regarding your individual needs or medical conditions or any related questions about your involvement in the Study.

Proprietary Rights and Restrictions

The content of the Site including without limitation all images, designs, layouts, marks, trade names, and information posted on the Site (collectively “Content”) are the property of ICON, Sponsor, or their licensors. Your use of the Site does not provide you with any rights, ownership, or license to use the Content outside of the Site.

You are not permitted to copy, reproduce, display, distribute, transmit, resell, broadcast, reverse-engineer, create derivative works, or otherwise exploit Content in any manner without the prior written permission of ICON. You are not permitted to modify, change, delete, or disguise any proprietary or distinguishing notices or markings from the Site or Content. ICON reserves all available legal remedies against you for infringement, misappropriation, or other unauthorized use or modification of Content.

Third Party Services and Links.

The Site may contain links to third party content and integrations with third party platforms, like social media sites. Neither ICON nor the Sponsor control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third party content and integrations. These links and integrations are provided only as a convenience, and ICON and Sponsor does not make any representations or warranties with respect to third party links and integrations. Use of any linked third party content and integrations is at your own risk and subject to the terms of use for such third party content.

Supplemental Terms

When using the Site, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into these Terms of Use. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms of Use, the supplemental terms associated with the applicable portion of the Site govern with respect to your use of such portion of the Site to the extent of the conflict.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ICON DOES NOT WARRANT THE SITE OR CONTENT’S ACCURACY, RELIABILITY, OR QUALITY. ICON DOES NOT WARRANT ANY COMPATIBILITY WITH ANY BROWSER, INTERNET SERVICE, OR DEVICE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR SERVICE, SYSTEM, OR DEVICE THAT RESULTS FROM YOUR DOWNLOAD OR USE OF THE SITE AND CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND SPONSOR ARE NOT LIABLE TO YOU IN ANY WAY (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED) FOR YOUR USE OR INABILITY TO USE THE SITE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ICON TOGETHER WITH ITS AFFILIATES AND LICENSORS, AND SPONSOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, WHICH RESULT FROM (1) YOUR BREACH OF THE TERMS OF USE OR (2) YOUR USE OF THE SITE.

Arbitration and Class-Action Waiver

To the maximum extent permitted by law, you agree to binding arbitration for the resolution of any claims or disputes related to your use of the Site and waive your right to a trial. To the maximum extent permitted by law, you waive your right to join any class or representative action related to your use of the Site against ICON, together with its affiliates and licensors, and Sponsor. You, ICON, or Sponsor may exercise the right to arbitrate by providing the other party with written notice of any and all claims in sufficient detail to describe the substance of such claims. Any statute of limitations which would otherwise apply in a court or other proceedings will apply to any claims submitted for arbitration. The arbitration will be conducted by a neutral arbitrator in accordance with American Arbitration Association rules.

Governing Law and Venue

Any dispute regarding the Site or these Terms of Use will be handled according to the laws of the State of California without giving effect to any choice or conflict of law. Any suit, action, or proceeding related to the Site or these Terms of Use shall be brought in San Francisco, California. To the maximum extent permitted under applicable law, you waive any and all objections to the Governing Law and Venue stated here.

Changes and Duration of Agreement

ICON and/or the Sponsor may make changes to the Site or Content or otherwise temporarily or permanently discontinue operating the Site without notice to you at any time and for any reason. These terms and conditions are applicable to you upon your accessing the Site. Each time you access the Site, you consent and agree the Terms of Use posted at that time. To the maximum extent permitted under applicable law, the Terms of Use will continue to apply to you even after you cease using the Site or the Site is shut down.

No Waiver

ICON’s or Sponsor’s failure to enforce any provisions of these Terms of Use or respond to a violation by any party does not waive either ICON’s or Sponsor’s right to subsequently enforce any terms or conditions of the Terms of Use or respond to any violations. Nothing contained in these Terms of Use is in derogation of ICON’s or Sponsor’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ICON or Sponsor with respect to such uses.

Severability

To the extent any Terms of Use are held unenforceable or invalid under applicable law, that portion will be deemed removed from the Terms of Use and will not affect the enforceability or validity of the remaining provisions.

Contact Information

All notices to you relating to the Site will be posted on the Site or sent to you at the email address you provided. You may contact us any time regarding the Terms of Use by writing to:

ICON Clinical Research Limited, South County Business Park, Leopardstown, Dublin 18, Ireland. Attention: Vice President, Legal.

with a copy to:

Akero Therapeutics, 601 Gateway Blvd, South San Francisco, CA 94080. Attention: Vice President, Legal.

Last Updated: 11 October, 2023

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