Terms of Use

ENALARE THERAPEUTICS INC.

TERMS OF USE

effective September 14, 2026.

These Terms of Use (these “Terms”) govern your access to and use of the website located at https://enalare.com and any other affiliated website where these Terms appear (the “Website”), and the features and functionality thereof (the “Service”), which are made available by Enalare Therapeutics Inc., a Delaware corporation (“Enalare”, “us,” “our” or “we”). Enalare, together with its officers, directors, employees, members, parents, affiliates, licensors, service providers, successors and assigns, are referred to in these Terms collectively as the “Enalare Parties.”

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY DOWNLOADING OR PROVIDING ANY INFORMATION, DATA OR CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS, VIEW OR USE THIS WEBSITE OR SERVICE.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING THE WEBSITE YOU ARE ENTERING INTO THIS AGREEMENT, AND YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES, RELEASES, LIMITATIONS ON LIABILITY, PROVISIONS ON INDEMNITY, AND A ONE YEAR TIME LIMIT ON BRINGING CLAIMS, ALL OF WHICH AFFECT YOUR LEGAL RIGHTS.

THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. ANY PRODUCT CANDIDATE DESCRIBED ON THE WEBSITE IS INVESTIGATIONAL AND HAS NOT BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY.

1. Service

The Website and Service enable persons (“Users”) to access information about us, our research and development programs, and our product candidates.

The Website is intended for informational purposes only. All information provided and opinions expressed are subject to change without notice, and we undertake no obligation to update any information appearing on the Website.

The Website does not require registration and does not offer user accounts. If we later provide you with a username, password or other unique identifier (collectively, “User Codes”), or ask you to create one, you will be responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party. You will be responsible for any and all information provided, and any and all acts or omissions that occur, while User Codes are being used, whether by you or a third party. The Enalare Parties are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any User Codes.

Electronic Communications. By using the Website, you consent to receive communications from Enalare electronically, including emails and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

No Registration or Enrollment. The Website is not used to screen, recruit or enroll participants in clinical studies, and no clinical study enrollment or participation may be initiated through the Website.

2. No Medical or Professional Advice; Investigational Products; Forward-Looking Statements

No medical advice. The content on the Website is provided for general informational purposes only and is not medical, scientific, legal, financial, investment, tax or other professional advice, and must not be relied upon as such. The Website does not create a physician-patient, provider-patient or other professional relationship. You should always seek the advice of a qualified healthcare professional with any questions regarding a medical condition or treatment, and you should never disregard or delay seeking professional medical advice because of anything you have read on the Website. If you believe you are experiencing a medical emergency, call your physician or emergency services immediately.

Investigational products. Any product candidate described on the Website, including ENA-001, is investigational. It has not been approved by the U.S. Food and Drug Administration or by any other regulatory authority, its safety and efficacy have not been established, and it is not available for sale or prescription and may not be used outside of a clinical trial. Nothing on the Website constitutes an offer to sell, or a solicitation of an offer to buy, any product, or an offer or solicitation with respect to any security.

Clinical study information. Clinical study information appearing on the Website is presented in aggregate, summary form and is not a complete description of any study. Summary results may not reflect all data, endpoints, limitations, risks or subsequent analyses, and results from any study are not necessarily predictive of results in any other study.

Forward-looking statements. Statements appearing on the Website regarding our product candidates, clinical development plans, regulatory strategy, anticipated timelines, funding, and business plans may constitute forward-looking statements. Forward-looking statements involve known and unknown risks and uncertainties, and actual results may differ materially from those expressed or implied. You should not place undue reliance on any forward-looking statement, and we undertake no obligation to update any such statement. Scientific and clinical information on the Website is current only as of the date it was posted, may be superseded by later data or analyses, and we undertake no obligation to update it.

Third party publications. The Website may link to or reproduce scientific publications, abstracts, press releases and other materials authored or published by third parties. Those materials reflect the views of their authors and not necessarily those of Enalare, may not be current, and we do not warrant their accuracy or completeness.

Safety reporting. If you wish to report an adverse event, side effect or product complaint, please do not use the Website or our general inquiry channels;  contact your study site or investigator directly. If you require medical assistance, contact a health care professional or emergency services immediately.

3. License

• Grant: Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website and Service on a computer, tablet device or mobile phone that you own or lawfully control, for your personal, non-commercial, informational use. The licenses granted by Enalare to you shall automatically terminate if you do not comply with these Terms. With respect to Third Party Content (as defined below), access and use of such content shall be governed by the third party’s terms and policies applicable to such Third Party Content.
• Ownership: All materials contained on, in, or available through the Website and Service, including all information, data, text, sound, video, images, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“Enalare Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the Enalare Content, whether registered or not, are our sole property or the property of third parties. The Enalare Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the Enalare Content.
• Trademarks: “Enalare,” “Enalare Therapeutics,” “ENA-001,” the Enalare logo, and other names, marks, logos and slogans appearing on the Website are trademarks or service marks of Enalare or its licensors. You may not use any of these marks without our prior written permission. All other trademarks appearing on the Website are the property of their respective owners.
• Limitations: You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations, security features, or user or credential authorization systems in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website or Enalare Content for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

4. Eligibility

You represent and warrant that:

1. you are at least eighteen (18) years old;
2. you have the right, capacity and authority to form a legally binding contract and agree to be bound by these Terms, and you will at all times abide by these Terms;

• if you are accessing the Website on behalf of a company or organization, you are duly authorized by all necessary action and have all consents, rights and authority to bind that company or organization to these Terms, and you agree to these Terms on that company’s or organization’s behalf;

1. you will not reverse engineer, decompile or reverse compile any of our technology, including any software, functions, features or modules associated with the Website or the Enalare Content;
2. unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose any portion of the Website or the Enalare Content;
3. you will access and use the Website in compliance with any and all applicable laws, rules and regulations (whether in the United States or other countries) and in accordance with these Terms; and

• you have all consents, rights and authority to provide and submit any and all information and content provided or submitted by you using the Website, and all such information and content: (1) is true, accurate, current and complete and we may rely on such information and content; (2) is not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) is not meant to harm any Enalare Parties or any third party; (4) does not constitute or include viruses or other harmful code; (5) as well as its anticipated uses, does not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any Enalare Parties or any third party; and (6) does not violate these Terms, or any applicable law, rule or regulation (whether of the United States or other countries).

You acknowledge that your submission of any information or content to us is at your own risk. None of the Enalare Parties will assume any liability to you with regard to any loss or liability relating to such information in any way.

5. Notice to Non-U.S. Persons

The Website and Service are controlled and operated by Enalare, alone or jointly with our service providers, from the United States. The Website is published in the English language and is directed to a United States audience. The Website and Service, as well as any information provided on the Website or in any communication containing a link to the Website, are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Enalare or its affiliates to any registration or licensing requirement within such jurisdiction or country. Enalare does not represent or warrant that the Website or Service, or any part thereof, is appropriate or available for use in any jurisdiction other than the United States. Information regarding product candidates is subject to the regulatory requirements of the jurisdiction in which you are located, and the regulatory status of any product candidate may differ outside the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Nothing in this Section limits any rights you may have under applicable data protection law, including the General Data Protection Regulation and the UK GDPR. Our handling of personal information, and the rights available to individuals located in the European Economic Area and the United Kingdom, are described in our Privacy Policy.

6. Access

There is no charge to access and browse the Website. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website, you are required to have a compatible computer, tablet device or mobile telephone and Internet access. The software for the Website may be upgraded from time to time to add support for new functions and services.

Third Party Service Providers. You may, in connection with your use or access of the Website, be directed to a webpage that includes functions provided using software managed by one or more of our service providers. The software and services provided by such providers are governed by their own terms of use and privacy practices. We encourage you to review these carefully.

System Requirements. Use of the Website requires one or more compatible devices and Internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to access and use the Website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

7. Rules, Regulations and User Conduct

In connection with your use of the Website and/or Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload, input or transmit any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Website or Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; (vi) violate any applicable local, state, federal or international law or any regulations, requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, spiders or scrapers, to access, monitor, or copy any part of the Website or Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website or Service, or obtain, accumulate or store personal information about other Users; (x) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xi) use the Website or Service in any manner that in our sole judgment adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Website; or (xii) undertake any acts not expressly permitted under these Terms. You warrant and represent that you undertake to use the Website and Service only for purposes that are in strict compliance with (a) these Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

No user-generated content. The Website does not accept or host user-generated content. You may not post, upload, submit, store or transmit content to the Website, and you may not use the Website to make content available to other Users. If you send information to us by email, you are solely responsible for that information and for compliance with all laws pertaining to it, including any laws requiring you to obtain the consent of a third party. Your submission of information to us is governed by our Privacy Policy. We may delete or disregard any information transmitted to us, at any time and without notice to you.

Unsolicited submissions. We do not accept and will not consider unsolicited proposals, ideas, inventions, business plans, scientific data, confidential information or other submissions. Any information you send to us other than in response to a specific written request from us, and other than personal information governed by our Privacy Policy, will be treated as non-confidential and non-proprietary, and you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce and disclose it for any purpose without obligation or compensation to you. Do not send us confidential or proprietary information through the Website.

You also agree not to:

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein, without Enalare’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Website.
• Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Enalare’s express prior written consent.
• Use the Website, the Enalare Content or any data derived from either to train, fine-tune or develop any machine learning or artificial intelligence model, without Enalare’s express prior written consent.
• Violate copyright, trademark, or other intellectual property laws.
• Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies without Enalare’s consent.
• Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
• Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
• Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
• Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
• Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website.
• Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
• Engage in or promote any illegal or criminal activity.
• Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Website and/or Service may be terminated immediately and without notice.

8. Suspension

We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, at Enalare’s sole discretion at any time and for any reason, and we shall have no liability or responsibility to you if we do so.

9. Third Party Content

The Website and Service may contain links to other websites, or content including graphics, information, text, video or photos, that are owned or operated by third parties and may be of interest to our Users (collectively, “Third Party Content”). Enalare does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Website to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage Users to read and consider the terms and policies of these other websites before using them.

10. Disclaimer of Warranties

THE WEBSITE, THE SERVICE AND ALL ENALARE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ENALARE MAKES NO WARRANTY OR REPRESENTATION THAT ANY INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT OR RELIABLE, AND ENALARE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF ANY INFORMATION APPEARING ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ENALARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ENALARE DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE.

WITHOUT LIMITING THE FOREGOING, ENALARE MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY PRODUCT CANDIDATE, CLINICAL STUDY RESULT, SCIENTIFIC CONCLUSION OR FORWARD-LOOKING STATEMENT DESCRIBED ON THE WEBSITE, AND NOTHING ON THE WEBSITE CONSTITUTES MEDICAL ADVICE OR A REPRESENTATION THAT ANY PRODUCT CANDIDATE IS SAFE OR EFFECTIVE.

11. Limitation of Liability

IN NO EVENT WILL THE ENALARE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION OR DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, INCLUDING ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, ANY SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY (INCLUDING THAT OF THE ENALARE PARTIES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL THE ENALARE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS, IF ANY, THAT YOU PAID TO ENALARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR: (i) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; (ii) GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (iii) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (iv) YOUR INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW BUT DO NOT APPLY TO THE FOREGOING.

12. Indemnification

By using the Website or Service, you agree to defend, indemnify and hold the Enalare Parties harmless from any and all claims, actions, proceedings, obligations, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and other professional fees and costs, arising in any way from your use of the Website or Service or the transmission of any message, content, data, information, software or other materials through the Website or Service by you, or related to any violation of these Terms by you (collectively, “Indemnified Matters”). Enalare shall control the defense of any Indemnified Matters through counsel of its choice.

13. Governing Law; Binding Arbitration; Class Action Waiver

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, AND EXCEPT AS SET FORTH BELOW WITH RESPECT TO INJUNCTIVE AND EQUITABLE RELIEF, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ENALARE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT ENALARE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS, COLLECTIVE, CONSOLIDATED AND REPRESENTATIVE ARBITRATIONS AND ACTIONS ARE NOT PERMITTED, AND YOU AND ENALARE EACH AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

The arbitration will be administered by JAMS under its then-current applicable rules (including its Streamlined Arbitration Rules and Procedures where applicable), as amended by this Agreement, and shall (i) be conducted by a sole arbitrator, (ii) be determined under the substantive laws of the State of Delaware without regard to its principles of conflicts of law, and (iii) be held in New York, New York. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. For any claim that is not subject to arbitration, you and Enalare consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York, and each party waives any objection to such jurisdiction or venue.

14. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof.

15. Copyright Infringement

COPYRIGHT INFRINGEMENT CLAIMS. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content available on the Website infringes your copyright, you (or your agent) may send to Enalare a written notice by mail or email, requesting that Enalare remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Enalare a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Notices and counter-notices must be sent in writing to Enalare as follows: by mail to Enalare Therapeutics Inc., Attn: Copyright Notices, 107 Gilbreth Parkway, Mullica Hill, NJ 08062; by email to Contact@enalare.com.

For your complaint, notice or counter-notice to be valid under the DMCA, you must provide the following in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit Enalare to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

16. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

17. Amendment to Terms

Enalare may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website and Service following such posting constitutes your consent to be bound by any amended Terms.

18. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of the remaining provisions of these Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. NO ACTION, REGARDLESS OF FORM, WHICH ARISES FROM OR IS RELATED IN ANY WAY WHATSOEVER TO THESE TERMS, MAY BE COMMENCED BY YOU MORE THAN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION ACCRUES. All notices and other communications under these Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to Contact@enalare.com, or (ii) by writing to us at Enalare Therapeutics Inc., 107 Gilbreth Parkway, Mullica Hill, NJ 08062; Attn: Legal Department.

If you have any questions regarding these Terms or the Website or Service, please contact us at Contact@enalare.com.

19. Accessibility

We strive to make our Website accessible and user-friendly to the widest practicable audience, including individuals with disabilities. If you have difficulty accessing, viewing, or navigating any part of the Website, or if you encounter content you are unable to access, please contact us at Contact@enalare.com so that we can provide the information, service, or assistance you are seeking and work to remedy the issue. We welcome your feedback and suggestions regarding the accessibility of the Website.