PRIVACY POLICY AND TERMS OF USE

Quest Therapeutics, Inc.

Please read this Privacy Policy and Terms of Use carefully before accessing or using our website, www.questtherapeuticsinc.com (“website”).  Quest Therapeutics, Inc. (“Quest Therapeutics”, “we,” “us,” or “our”) owns and operates the website located at www.questtherapeuticsinc.com. This Privacy Policy and Terms of Use sets forth legal binding terms and conditions for your use of the website. By accessing the website in any manner, you agree to be bound by this Privacy Policy and Terms of Use and any other terms and conditions that may apply to our website or services. If you do not agree to our Privacy Policy or Terms of Use, then you may not access our website.

This website is offered and available to users who are 21 years of age or older. By using the website, you represent and warrant that you are 21 years of age or older.

Any new features or tools added to the website will also be subject to this Privacy Policy and Terms of Use. We reserve the right to update the content on our website as well as this Privacy Policy and Terms of Use from time to time. It is your responsibility to check this page periodically for changes. Your continued use or access of our website following the posting of any changes constitutes acceptance of those changes. Any of the materials on the website may be out of date at any given time, and we are under no obligation to update the website’s content or material.

1.     Privacy Policy

We respect your privacy and are committed to protecting it through this privacy policy. This policy describes how we collect, use, and share information we collect on the website. By accessing our website, you agree that you understand and accept the practices detailed in this policy. This policy does not apply to any information we collect offline or through other means, or by any third party, including through any application or content that may link to or be accessible from or through our website.

We collect several types of information from and about users of our website, including information by which you may be personally identified, such as your name or email address (“Personal Information”), information that is about you but does not identify you, and usage details. We collect this information directly from you when you provide it to us and automatically as you navigate through the website. Information collected automatically may include log data, usage details, IP addresses, browser type, operating system, mobile carrier, device information, search terms, and information collected through cookies and other tracking technologies.

We use information we collect about you or that you provide to us, including Personal Information to:

·       present our website and its contents to you;

·       answer your inquiries and provide you with information and services that you request from us;

·       keep a record of your engagement with us;

·       improve our services, provide technical support, address problems with our website, and protect our website’s security and integrity;

·       track trends and analyze use patterns on the website;

·       enforce our Terms of Use or other agreements and policies;

·       engage in marketing activities;

·       notify you about changes to our website or any services we offer or provide through it; and

·       and in any other way we may describe when you provide the information.

Our trained staff, volunteers, and contractors have access to your information, including your Personal Information. We may from time to time use other companies to help us manage and store Personal Information, and to carry out certain activities on our behalf, such as hosting our website, maintaining our database, or conducting research and analytics. We may be required to disclose your Personal Information to the government or third parties pursuant to court orders, subpoenas, and similar requests or when we otherwise believe in good faith that such disclosure is necessary or appropriate in connection with activities that violate the law or may expose us to liability. We may transfer your Personal Information in the event of a change of control. For example, your Personal Information could be shared with third parties if we were to merge with a different company or in connection with transfers made as part of insolvency or bankruptcy proceedings.

We use appropriate technical and organizational measures and precautions to protect your information and prevent the loss, misuse, or alteration of your Personal Information. While we work to keep the information about you safe, we cannot guarantee its security. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our website.

We retain information about you for as long as necessary to perform the activities described in this policy, or when we have an ongoing legitimate business reason to do so. When our legitimate interest for retaining your information ceases to exist, we will either delete or anonymize your information.

We do not knowingly collect any Personal Information from anyone under the age of 21. If we become aware that an individual under the age of 21 is submitting information without our consent, we will delete the information as soon as possible from our database.

California Privacy

The California Consumer Privacy Act of 2018, as amended (CCPA), gives California residents: (i) right to know what Personal Information is collected, used, shares, or sold; (ii) the right to delete Personal Information held by businesses; (iii) the right to opt-out of the sale of Personal Information; and (iv) the right to non-discrimination for price and services when a consumer exercises privacy rights under the CCPA. These rights are subject to exceptions. California law permits you to request information concerning the disclosure of our Personal Information by us to a third-party for the third-party’s direct marketing purposes. To assert your rights or make a request, please contact us.

European Union Privacy

If you are accessing our website from the European union or if you are a resident of the European Union, you have rights under the General Data Protection Regulation (“GDPR”), including the right (i) to be informed about your personal data and how it is being processed; (ii) to access, correct, and erase personal data and restrict further processing; (iii) to obtain and reuse your data for your own purposes; and (iv) to object to processing. For purposes of the GDPR, the data controller for your Personal Information is Quest Therapeutics, Inc.

If you have any questions concerning this policy, please contact us.

2.     Services/FDA Disclaimer/Health & Wellness Disclaimer

Quest Therapeutics is not a healthcare provider. The content on our website and any services provided by Quest Therapeutics or its contractors, employees, agents, or representatives: (i) does not constitute the assessment, diagnosis, or treatment of mental, emotional, or behavioral disorders; (ii) does not involve the application of mental health counseling, therapy, or other psychotherapeutic principles and methods; (iii) will be limited to the services that psilocybin service facilitators are permitted to perform under Oregon law; and (iv) will not include services requiring any professional license (other than licensure as a psilocybin service facilitator by the Oregon Health Authority). None of the facilitators who may provide you with services will be engaging in the practice of medicine, psychology, counseling, naturopathy, or any other professional practice (other than engaging in the practice of providing psilocybin services in accordance with Oregon law). By using the website, you agree you will not attempt to use or rely upon the website for any medical purpose whatsoever.

Any content and services described on the website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any statements or claims about the possible benefits conferred by any of the processes, services, or products referenced on this website have not been evaluated by the Food & Drug Administration. The information, products, and services referenced on this site are for informational purposes only, and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Opinions made by Quest Therapeutics have not been evaluated or approved by any federal, state, or local agency.

You are responsible for your own health and wellness decisions. You should consult with your health care providers prior to using any information, products, or services referred to on our website. Content on our website should not be relied upon to determine a treatment for a medical condition, whether physical or psychiatric. The information on our website is not intended to replace a one-on-one relationship with a qualified health care professional and does not constitute medical advice. No information on our website should be used to diagnose, treat, prevent, or cure any disease or condition.

3.     Intellectual Property and Proprietary Rights

Our website and its entire contents, features, and functionality, digital and printed material, and the trade names, slogans, and logos associated with Quest Therapeutics are owned by Quest Therapeutics and protected by the trademark, copyright, trade secret, and other intellectual property or proprietary laws of the United States and other jurisdictions.  Subject to your agreement and compliance with the terms of these Terms of Use, we grant you a non-exclusive, non-transferable, non-sharable, non-sublicensable, revocable, limited license to use the website.

You may print a copy of any part of this website for your own personal, noncommercial, non-medical, and non-disseminated use but you may not copy any part of the website for any other purpose, and you may not modify any part of the website.  Inclusion of any part of the website in another website is prohibited.

If you print, modify, copy, download, or otherwise use or provide any other person with access to any party of our website in breach of these Terms of Use, your right to use the website will be revoked and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website is transferred to you, and all rights not expressly granted are reserved by the Company.

4.     Reliance on Information Provided/No Guarantee or Warranty

The digital and printed materials, blogs, articles, third-party links, content, information, and services provided by Quest Therapeutics accessible via the website are provided for informational purposes only. All content is for general information purposes, does not constitute medical advice, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content on this website may not reflect current developments or information.

We do not warrant, express or implied, the accuracy, completeness, usefulness, or reliability of information available on our website. Any reliance you place on such information is strictly at your own risk. Nothing contained herein is deemed to be a guarantee, warranty, or prediction regarding any matter. Quest Therapeutics makes no guarantees about the efficacy or safety of products or services described on our website. We disclaim all liability and responsibility arising from any reliance placed on the contents and materials of our website by you, or by anyone who may be informed of any of its contents. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding any medical condition, procedure, or treatment.

You understand that we cannot and do not guarantee or warrant that files available for downloading from our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.

5.     Electronic Communications

You expressly consent to Quest Therapeutics sending or otherwise communicating with you for any purpose (including, without limitation, advertising, telemarketing, or other promotional purposes, or for sending our notifying you about special offers, updates, newsletters, or other informational purposes) via any electronic means we deem appropriate in our sole discretion.  By giving such consent, you agree that no such communication violates the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. You are not required to grant the foregoing consent as a condition for purchase or license of our services. You may opt out of emails by emailing us with the specific communications you would not like to receive.

6.     Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (other than violations of federal law that are legal under the State of Oregon’s Psilocybin Services Act); (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (xj) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or our website for violating any of the prohibited uses.

7.     Indemnification/Limitation of Liability

By reading the content on the website or participating in any services offered from the website, you expressly warrant, represent, and agree that you are solely responsible for yourself, your health, your wellbeing, and your use of our website, and expressly release, indemnify, and hold harmless Quest Therapeutics and its licensors, service providers, employees, agents, officers, directors, representatives, or assigns from any and all damages and claims of any kind, whether under law or in equity arising out of or relating your violation of or failure to monitor changes in information on the website or in this Privacy Policy and Terms of Use, your use of the website or the website’s content, materials, or services, or your use of any other information obtained from the website.

To the fullest extent provided by law, in no event will Quest Therapeutics or its licensors, service providers, employees, agents, officers, directors, representatives, or assigns be liable for damages of any kind, including any direct, indirect, special, incidental, consequential, or punitive damages, arising out of or in connection with your use or inability to use our website (including any websites linked to our website or any content on our website), your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law the rights of third-parties.

8.     Termination

These Terms of Use are effective unless and until terminated by you or us.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, or for any reason at our sole discretion, we also may terminate this agreement with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

9.     Governing Law and Jurisdiction

All matters relating to the website, including the Privacy Policy and Terms of Use, are governed and construed in accordance with the laws of Oregon, without giving effect to any principles of conflict of interest. Any legal suit, action, or proceeding arising out of or related to the website, including the Privacy Policy and Terms of Use, will be instituted exclusively in federal courts of the United States or the State of Oregon, in each case located in Deschutes County, Oregon.

10.  Severability

If any of the provisions contained in this Privacy Policy and Terms of Use is hereafter construed to be invalid or unenforceable, the same will not affect the remainder of such provision or any other provision contained herein, which will be given full effect regardless of the invalid provision or part thereof.

Questions about this Privacy Policy and Terms of Use should be sent to us at info@questtherapeuticsinc.com.

Last updated: September 11, 2023