Website Terms of Use

Last Updated: October 10, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Akouos, Inc. ("we" or "our"). The following terms and conditions ("Terms of Use") govern your access to and use of our website, https://www.singregistry.com/ (the "Site").

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://singregistry.itakecontrolhealth.com/privacy-policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Site.

This Site is offered and available only to users who are 18 years of age or older. If you are younger than 18 years old, please do not use this Site.

Changes to the Terms of Use

We will make changes to these Terms and Conditions from time to time. When we do this, the revised Terms and Conditions will be posted on this page, and where appropriate, by notification on the Site’s homepage. You should check this page frequently to review any changes we have made, because they are binding on you as soon as we post them.

Although we will attempt to keep the information on the Site timely, the content is not necessarily complete or up to date. Any of the material on the Site may be out of date or incomplete at any given time, and we are under no obligation to update such material.

Links to Other Websites

Our Site contains links to independent third-party websites (“Linked Sites”). We have no control over these third-parties or the content of the Linked Sites. Our inclusion of a Link Site on our Site does not mean that we endorse or recommend the information on the Linked Site. We are providing the links merely as a convenience for you. We will not be responsible for any information or materials you find on a Linked Site. You will need to make your own independent judgement regarding your interaction with these Linked Sites.

No Medical Advice

This Site does not provide medical advice.

Although our Site contains certain general information relating to medical conditions and treatments or potential treatments, it is provided for informational purposes only. If you or your child require diagnosis or treatment, or if you have specific questions related to your or your child’s condition or care, we urge you to contact your health care provider.

In addition, we do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), is owned by us, our licensors or other providers of the material presented, and is protected by copyright or other proprietary rights laws.

Our name, the term “Sing Registry,” the Akouos logo, the Sing Registry logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Akouos or our licensors. You cannot use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You have our permission to use the Site only for your personal, non-commercial use. All other uses are strictly prohibited.

Accessing the Site

We can withdraw or change this Site, and any information we provide on the Site, at any time and without notice. If we need to, we may restrict your access to some or all of the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to us through this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our https://singregistry.itakecontrolhealth.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Information About You

All information we collect on this Site is subject to our https://singregistry.itakecontrolhealth.com/privacy-policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKOUOS NOR ANY PERSON ASSOCIATED WITH AKOUOS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AKOUOS NOR ANYONE ASSOCIATED WITH AKOUOS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR MATERIALS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AKOUOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKOUOS, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless Akouos, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content or services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Void Where Prohibited

Although the Site is accessible worldwide, access to the Site may not be legal for all users in all countries. If you choose to access the Site from outside the USA, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

Governing Law and Jurisdiction

We are based in the Commonwealth of Massachusetts, USA. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, USA, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the USA or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston, Suffolk County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Akouos, Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This Site is operated by Akouos, Inc., 75 Kneeland Street, 14th floor, Boston, MA 02111, USA.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: help@itakecontrolhealth.com.