The EmbraceAC web site (the "Site") is a copyrighted work belonging to ARYx Therapeutics ("ARYx"). ARYx grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. LICENSE. ARYx owns and operates the Site. The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. ARYx grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as a current or potential customer, current or potential business partner, current or potential investor of ARYx, or an applicant for employment. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. ARYx and its suppliers reserve all rights not granted in these Terms of Use.
2. TRADEMARKS. ARYx's name and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of ARYx and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
3. MODIFICATION. ARYx reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that ARYx will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
4. FEEDBACK. ARYx will treat any feedback or suggestions you provide to ARYx as non-confidential and non-proprietary. Thus, in the absence of a written agreement with ARYx to the contrary, you agree that you will not submit to ARYx any information or ideas that you consider to be confidential or proprietary.
5. MAILINGS. By submitting your contact information and any other personal information through the Site, you hereby authorize ARYx to use and disclose this information, including for the purposes of sending periodic mailings to you about ARYx products, services, and news, if you indicated your interest in receiving such mailings. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).
6. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of ARYx. ARYx is not responsible for the content of any third party web site or any link contained in a third party web site. ARYx provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
7. PRESS RELEASES. The information contained within press releases issued by ARYx should not be deemed accurate or current except as of the date the release was posted. ARYx has no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
8. WARRANTY DISCLAIMER. ARYX IS PROVIDING THE SITE AND THE SITE CONTENT ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. ARYX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. ARYX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ARYX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ARYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. ARYX'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
10. AMENDMENT. ARYx may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
11. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which ARYx's principal place of business is located for any lawsuit filed there against you by ARYx arising from or related to these Terms of Use.

If you have any questions about the foregoing, please contact us at the following e-mail address: info@aryx.com.