Daré Terms of Service

The websites https://darebioscience.com and https://daretoplaybio.com and all of their sub-domains (“Sites”) are provided by Daré Bioscience, Inc. (“Daré,” “we,” “us” or “our”) to provide information and selected functionality to parties interested in Daré or its affiliates (“User,” “Users” “you” or “your”).

PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”) CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND DARÉ RELATING TO THE SITES AND ANY SERVICES AND APPLICATIONS MADE AVAILABLE BY DARÉ ON OR THROUGH THE SITES.  IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITES.  BY ACCESSING, DOWNLOADING, AND/OR USING, THE SITES, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD (OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF DIFFERENT), (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (4) YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITES. 

[THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND DARÉ ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.]

1.  MODIFICATION OF THIS AGREEMENT.

We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion with or without prior notice and each such Update will be effective immediately.  If we make an Update, we will change the “Last Updated” date above.  Your continued use of the Sites will confirm your acceptance of the Update.  We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Sites.  If you do not agree to an Update, you must discontinue using the Sites.

2. OWNERSHIP; PROPRIETARY RIGHTS.

The Sites, including all information and materials contained in the Sites, is owned and operated by Daré, our third party licensors or, to the extent expressly otherwise indicated in the Sites, other parties.  All content, images, illustrations, designs, names, products, services, icons, photographs, video clips, typefaces, source and object code, format, queries, algorithms, visual interfaces, HTML, information, graphics, design, look and feel, compilation and all other elements (whether written or otherwise) of the Sites (collectively, the “Daré Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Daré Materials, are protected by, as appropriate by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All Daré Materials are the property of Daré or its subsidiaries or affiliated companies and/or third-party licensors.  Except as expressly authorized by Daré under this Agreement, you agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Daré Materials.

The names, trademarks, logos, slogans and taglines appearing on the Sites (the “Trademarks”) are owned by or licensed to Daré and, if licensed, are used with permission of the owner.  Trademarks and Daré Materials are protected by trademark, copyright and other intellectual property laws. You may not infringe upon Trademarks or Daré Materials in any way. 

3. PRODUCT INFORMATION.

The Sites reference investigational products that have not been approved by the United States Food and Drug Administration or any comparable foreign regulatory agency for use outside of clinical trials.  No representation is made by Daré or on the Sites as to the safety or effectiveness of these investigational products for the respective uses for which they are being studied.

DARE to PLAY™ Sildenafil Cream: Please note this is a compounded drug. It is not FDA approved. DARE to PLAY Sildenafil Cream is manufactured in a 503B outsourcing facility under pharmaceutical Good Manufacturing Practices (GMP).

4. PRIVACY POLICY

Please refer to our Privacy Policy (the “Privacy Policy“) for information regarding how we collect, use and disclose information about you in connection with your use of our Sites, and regarding how others collect, use and disclose information about you.  The terms and conditions of our Privacy Policy are incorporated into this Agreement. 

5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.

5.1 YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE USAGE RULES SET FORTH IN THIS SECTION 4 (THE “GUIDELINES“).  IN PARTICULAR, YOU WILL NOT:

5.1.1. use the Sites, Daré Materials or any information displayed within the Sites to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;

5.1.2. use the Sites if you are under the age of eighteen (18) years;

5.1.3. use the Sites for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property or other proprietary rights, data security, privacy or import or export control;

5.1.4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users.  This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;

5.1.5. impersonate any person or entity or falsely claim an affiliation with any person or entity;

5.1.6. misrepresent the source, identity or content of information transmitted via the Sites;

5.1.7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Sites, features that prevent or restrict use or copying of any content accessible through the Sites, or features that enforce limitations on use of the Sites;

5.1.8. intentionally interfere with or damage operation of the Sites or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;

5.1.9. post, store, send, transmit, or disseminate any information or material that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether the information or material, or its dissemination, is unlawful;

5.1.10. post, store, send, transmit, or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

5.1.11. attempt to gain unauthorized access to the Sites, or any part of them, other accounts, computer systems or networks connected to the Sites, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;

5.1.12. hack, spam or phish Daré or any Users; or

5.1.13. hold Daré responsible for your use of the Sites.  

5.2. If you become aware of any violations of these Guidelines or this Agreement, let us know by sending us an email to [email protected].  We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Sites without notice.

6. USAGE; REFUSAL OR SUSPENSION OF SERVICE.

DARÉ RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE ITS SYSTEMS MONITOR ANY USER’S USE OF THE SITES.  ACCORDINGLY, DARÉ ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITES.

7. THIRD-PARTY SITES, PRODUCTS AND SERVICES; SOCIAL MEDIA.

The Sites may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users.  Daré does not endorse any Third Party Website or the information, material, products or services contained on Third Party Websites or other sites linked to, or accessible through, any Third Party Website.  Daré does not have control over, and is in no manner responsible or liable for, the availability or content of the Third Party Websites.  Furthermore, Daré makes no express or implied representations or warranties whatsoever with regard to the information, material, products or services that are contained on or accessible through any Third Party Website.  Access and use of any Third Party Website, including information, material, products and services on such Third Party Website or available through such Third Party Website is solely at your own risk.

When we make available certain social media features through X, Instagram, LinkedIn, or other social media sites, you may take such actions as are enabled by those features.  Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s).  Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Daré.

8. USER RESTRICTION.

You may not: (i) modify, disassemble, decompile or reverse engineer the Sites; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Sites to any third party or use the Sites to provide time sharing or similar services for any third party; (iii) make any copy of the Sites; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Sites, features that prevent or restrict use or copying of any content accessible through the Sites, or features that enforce limitations on use of the Sites; or (v) delete the copyright or any other proprietary rights notice on the Sites.

9. VIOLATIONS; TERMINATION.

You agree that Daré, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate your use of the Sites or any portion thereof at any time.  You agree that any termination of your access to the Sites, or any portion thereof, may be effected without prior notice and you agree that Daré will not be liable to you or any third party for any such termination.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Sites may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Daré may have at law or in equity.

10. DISCLAIMERS; NO WARRANTY.

10.1. THE SITES ARE MADE AVAILABLE “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  DARÉ, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

10.2. DARÉ AND ITS SUPPLIERS, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.3. THE SITES MAY CONTAIN GENERAL INFORMATION RELATING TO VARIOUS MEDICAL CONDITIONS AND THEIR TREATMENTS.  THE INFORMATION PROVIDED ON THE SITES IS NOT INTENDED TO PROVIDE MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS THE BASIS OF ANY HEALTHCARE DECISION.  THIS INFORMATION IS NOT INTENDED TO REPLACE INFORMED MEDICAL ADVICE FROM ANY QUALIFIED HEALTH CARE PROFESSIONAL.

10.4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION; HOLD HARMLESS.

You agree to indemnify, defend, and hold Daré (and its affiliated companies and its and their respective contractors, employees, directors, officers, agents, suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to: (i) your use or misuse of the Sites generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of the Guidelines or this Agreement.  Daré reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Daré, and you agree to cooperate with its defense of these claims.

12. LIMITATIONS OF LIABILITY.

12.1. SUBJECT TO SECTION 11.3, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DARÉ (OR ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS OR BUSINESS PARTNERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF DARÉ OR A DARÉ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.2. SUBJECT TO SECTION 11.3, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF DARÉ (AND ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, COLLECTIVELY) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.

12.3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, YOU AGREE THAT DARÉ’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

13. BENEFIT OF THE BARGAIN.

YOU ACKNOWLEDGE AND AGREE THAT DARÉ HAS OFFERED THE SITES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DARÉ AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DARÉ.  DARÉ WOULD NOT BE ABLE TO PROVIDE THE SITES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

14. RELEASE.

You hereby release and forever discharge Daré (and its affiliated companies and its and their respective directors, officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Sites; or (ii) any third party site, product, service or link included on or accessed through the Sites.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, California, United States of America, before one arbitrator.  If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules.  Judgment on the award may be entered in any court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

YOU AND DARÉ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. 

YOU AND DARÉ EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY. 

16. MISCELLANEOUS.

16.1. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law.

16.2. Jurisdiction.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Sites shall be filed only in the state or federal courts located in San Diego, California, and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.  Nothing in this Agreement shall prevent Daré from seeking injunctive relief in a court of competent jurisdiction.

16.3. International Visitors. The Sites are operated from the United States and international users of the Sites agree to be subject to applicable laws in the United States with respect to this Agreement and its subject matter herein.  Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

16.4. Forward-Looking Statements; Disclaimer.  The Sites may include “forward-looking statements” about Daré’s business strategy, plans, objectives and prospects, financial and operating performance, collaborations, intellectual property, products and investigational products. All statements, other than statements of historical fact are forward-looking statements. In some cases, forward-looking statements may be identified by terms such as “believe,” “may,” “will,” “estimate,” “continue,” “anticipate,” “upcoming,” “design,” “intend,” “expect,” “could,” “plan,” “potential,” “positioned,” “pursue,” “seek,” “should,” “would,” “project,” “target,” “explore” “goal,” “on track,” or the negative version of these words and similar expressions. Forward-looking statements reflect management’s estimates and expectations based on current information and involve significant risks, uncertainties and assumptions. If underlying assumptions prove to be incorrect or known or unknown risks materialize, Daré’s actual results, performance or achievements may differ materially from those expressed or implied by the forward-looking statements. 

Such risks and uncertainties include, without limitation, those related to: sufficiency of and ability to obtain additional capital to fund operations and execute Daré’s business strategy; Daré’s inexperience, as a company, in and lack of infrastructure for commercializing products; dependence on third parties over which Daré has limited or no control to conduct research and development activities, including clinical trials, manufacture products and investigational products, and commercialize products, and the risk that those third parties will not perform as required or expected; difficulties and delays in establishing and maintaining third-party collaborations; delays and disruptions in manufacturing products or investigational products, including due to supply chain disruptions; market demand for and acceptance of products; developments by competitors that make Daré’s products less competitive or obsolete; shifts in consumer spending or behavior; challenges and uncertainties inherent in new product research and development, including clinical trials, including the timing and costs thereof; decisions by regulatory authorities, including the U.S. Food and Drug Administration (FDA), regarding whether, when and on what conditions to approve or clear applications and other submissions relating to product development and marketing approval; changes in laws, regulations or regulatory guidance that impact Daré’s ability to bring proprietary solutions to market as compounded drug products under Section 503B of Federal Food, Drug, and Cosmetic Act or as consumer health products or to seek and obtain FDA approval of investigational products utilizing the regulatory pathway known as the FDA’s 505(b)(2) pathway, or that affect the pharmaceutical or health care industry; Daré’s ability to retain its licensed rights to develop and commercialize a product or product candidate; Daré’s and its licensors’ ability to obtain and maintain sufficient intellectual property protection; product access, coverage, pricing and reimbursement; product recalls; governmental investigations, actions or proceedings; litigation and legal proceedings, including product liability or intellectual property claims and actions; cybersecurity incidents or similar events that compromise Daré’s technology systems and/or significantly disrupt Daré’s business or those of third parties on which it relies; the effects of macroeconomic conditions, geopolitical events, and major changes and disruptions in U.S. government policies and operations; and Daré’s ability to maintain compliance with Nasdaq’s continued listing requirements and continue to have its common stock listed on The Nasdaq Capital Market. For a detailed discussion of factors that could cause Daré’s actual results, performance or achievements to differ materially from those expressed or implied by forward-looking statements, you are encouraged to review Daré’s filings with the U.S. Securities and Exchange Commission, including Daré’s recent filings on Form 8-K, Form 10-K and Form 10-Q, which are available on at ir.darebioscience.com and at www.sec.gov.

You are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date on which they are made regardless of the date on which you view them on these Sites or elsewhere. Daré assumes no obligation to update any forward-looking statements as a result of new information, future events or otherwise, except as may be required by law.

The information on these Sites is for informational purposes only and should not be the basis for any investment decision. Nothing on these Sites is intended as an offer to sell or a solicitation of an offer to buy any securities of Daré. An investment in any securities of Daré involves a high degree of risk and you may lose all or part of your investment. Use of these Sites and its content is solely at your own risk. 

These Sites may include market size and growth data and estimates and other industry information published by independent third parties or based on management’s review of such information, management’s knowledge of the industry and good faith estimates of management. This market and industry data and information involves a number of assumptions and limitations, and you are cautioned not to give undue weight to such estimates. Although Daré believes the third-party sources are reliable as of their respective dates, Daré cannot guarantee the accuracy or completeness of this information and has not independently verified this information. Projections, assumptions and estimates of the future performance of the industry or industries in which Daré operates and market size and opportunities for products and product candidates Daré develops are necessarily subject to a high degree of uncertainty and risk. These and other factors could cause results to differ materially from those expressed in the data and estimates made by the independent parties and by Daré.

16.5. Severability, Waiver.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

16.6. Notices; Consent to Electronic Notice.  Daré may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Sites.  You agree that any notices, agreements, disclosures or other communications that Daré sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You must provide notice to Daré by email or regular mail using the information in Section 16. 

16.7. Assignment.  This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you.  Daré may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party.  You hereby acknowledge and agree that if another company acquires Daré or substantially all of its assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your Personal Information as defined by our privacy policy available at https://darebioscience.com/privacy-policy and you agree to such transfer without further action or confirmation.

16.8. Survival.  Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Sites.

16.9. Headings; Construction; Entire Agreement.  The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.  The word “including” means “including without limitation.” This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Daré, or by a change to this Agreement.

16.10. Claims.  YOU AND DARÉ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. CONTACT INFORMATION

Daré welcomes your comments or questions regarding this Agreement.  Please contact us by using the following information:

Mailing Address: 3655 Nobel Drive, Suite 260, San Diego, CA 92122

Email: [email protected]