Acceptance of Terms of Use

Your access to and use of this website (the “Website”) constitutes acceptance of these Terms of Use. Cotinga Pharmaceuticals Inc. (“Cotinga” or the “Company”) reserves the right to update or modify the Terms of Use of this Website without notice. Please review the Terms of Use posted on this Website periodically for any updates or modifications. Your continued use of this Website constitutes acceptance of such updates or modifications to the Terms of Use.

Website Access

Cotinga hereby grants you permission to use the Website in accordance with these Terms of Use, provided that:

  1. your use of the Website is solely for your personal use;
  2. you will not copy or distribute any part of the Website in any medium or manner inconsistent with these Terms of Use without Cotinga’s prior written consent;
  3. you will not alter or modify any part of the Website other than as may reasonably necessary to use the Website for its intended purpose; and
  4. you will otherwise comply with these Terms of Use.

Third Party Websites

This Website may contain links to third party websites that are not owned or controlled by Cotinga and Cotinga assumes no responsibility for these third party websites. By using this Website, you expressly discharge Cotinga from any and all liability from your use of any third-party website.

Warranty and Indemnity

You agree that your use of this Website is at your sole risk. Cotinga makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website service by any third party, or concerning damage of any kind incurred resulting from use of the Website. Cotinga does not endorse and is not responsible for any product or service advertised or offered by a third party through this Website or any hyper-linked website.

Intellectual Property Rights

The content on this Website, except for user submissions, including the text, software, scripts, graphics, photos, sounds, music, videos or interactive features (“Content”) and the trademarks, trade names, service marks and logos contained herein (“Marks”) are owned by or licenced to Cotinga, are subject to copyright and other intellectual property rights under Canadian law and international conventions. The Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent and/or payment of the applicable licence fee to the owners. Cotinga reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of any Content or enforce limitations on use of the Website or the Content therein.

Content

The Content of this Website is provided for information purposes only. While reasonable efforts have been made to ensure the accuracy, veracity, timeliness and quality of the Content provided on this Website, Cotinga makes no warranty or representation as to the accuracy or completeness of the information contained on this Website and accepts no responsibility arising from your reliance upon any information or Content contained herein.

Limitation of Liability

Cotinga and its officers, directors, employees and agents will not be liable to you or to any other party for damages of any kind, including, without limitation, indirect, special, consequential or incidental damages, punitive damages, lost profits, loss of opportunity, business interruption or other damages arising directly or indirectly from your use of the Website or the Content, including, without limitation, your use or reliance on any information or Content contained on this Website, any inaccuracy or omission in any information or Content contained on the Website or your use of or reliance on any third-party websites linked to the Website.

You agree to indemnify, defend and hold harmless Cotinga and its affiliates and their respective, officers, directors, employees and agents from and against all losses, damages and costs (including actual legal fees and expenses) arising directly or indirectly from your violation of these Terms of Use or your use of the Website.

Forward-Looking Statements

Certain statements that are not historical facts made on this Website may be forward-looking statements subject to risks and uncertainties. Statements containing words such as “will”, “could”, “expect”, “may”, “anticipate”, “believe”, “intend”, “estimate”, “plan” and other similar expression are forward-looking statements that represent management’s beliefs at the time the statements are made and are based on certain factors and assumptions. The statements are not a guarantee of future performance. By their nature, forward-looking statements involve uncertainties and risks that the forecasts and targets will not be achieved.

Forward-looking statements made include statements addressing future financial and operating results of Cotinga. Cotinga bases these forward-looking statements on its current expectations about future events. Such statements are subject to risks and uncertainties including, but not limited to, the successful implementation of Cotinga’s strategic plans, the acceptance of new products, the obsolescence of existing products, the resolution of potential patent issues, competition, changes in economic conditions, and other risks described in Cotinga’s public documents such as news releases and filings with the Toronto Stock Exchange and Ontario Securities Commission.

All forward-looking statements are qualified in their entirety by the cautionary statements included in these Terms of Use and such filings. These risks and uncertainties could cause actual results to differ materially from results expressed or implied by forward-looking statements contained in this Website. Cotinga disclaims any intention or obligation to update or revise forward-looking statements.

General

You agree that the Website shall be deemed solely based in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction.