Terms & Conditions2018-10-23T11:50:47+00:00

WHOLE BIOME, INC. WEBSITE TERMS OF USE

These Terms of Use (the “Terms of Use” or the “Agreement”) govern your use of the website(s) operated and managed by Whole Biome Inc. (“Whole Biome”, “We”, or the “Company”), including without limitation the following websites: www.wholebiome.com and www.betabiome.com (each individually referred to herein as the “Site”, or collectively as the “Sites”),  and any other related content, features, materials, applications, products, and/or services (collectively, the “Services”) offered by Whole Biome.  By using the Site, you signify that you have read, understand and agree to be bound by this Agreement.  Your continued use of this Site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.  Your use of any other Site, as well as your accessing or ordering of any investigational and/or commercial products from any Site may be subject to additional terms and conditions.  In the event of any inconsistency between such additional terms and conditions and these general Terms of Use, the additional terms and conditions shall govern.

We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting.  You should review these Terms of Use every time you use the Site because they are binding on you.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, DO NOT ACCESS OR USE THE SITE.

YOUR RIGHTS TO USE THE SITE
Subject to your compliance with this Agreement, Whole Biome grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site and any products, services, information, or other materials available on or through the Site, subject to the limitations described in the remainder of this section and elsewhere in this Agreement.

The rights granted to you in the paragraph above and elsewhere in this Agreement are subject to the following limitations:

You agree to use the Site, including any products, services, information or other materials available on or through the Site only for lawful, personal and informational purposes.  You agree that you will not use any resource made available on the Site in any manner that is malicious or that violates any applicable local, state, national or international law, or the intellectual property or proprietary rights of any third party;

You agree not to copy, reproduce, distribute, display portions of, or link to the Site or any products, services, information or other materials available on or through the Site for commercial purposes without the prior express written consent of Whole Biome;

You agree not to post on or transmit onto the Site any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse or other harmful or disruptive element;

You agree not to use any automated tool, such as a web scraping tool, a bot or web robot or web automation, to mine the Site or any products, services, information or other materials available on or through the Site for information or to fill out forms on the Site, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and

You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or any servers, network or associated systems or physical premises operated by or for the benefit of Whole Biome.

Whole Biome reserves the right to view, monitor and record activity on the Site without notice or permission.  We may monitor use to optimize the Site, understand what is of interest to visitors, and otherwise to enhance the operation of the Site, assure its availability, and prevent misuse of the Site.  Any information obtained by monitoring, reviewing or recording activity on the Site is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.  Whole Biome will comply with all court orders involving requests for such information.

PERSONAL USE ONLY
Services available on the Site are for personal use only. You may not sell or resell any of the Services you receive from us.

We reserve the right, with or without notice, to limit the Services that you may access through the Site, and to cancel or reduce the quantity of any products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms of Use.

INFORMATION PROVIDED ON THE WEBSITE

Information and/or material provided on the Site is provided for general informational and/or educational purposes.   The information provided on the Site is provided “as is”, without any representation or warranty as to its accuracy, completeness or fitness for any particular purpose or use.

INFORMATION ON THE SITE IS NOT PROVIDED AS, NOR SHOULD IT SUBSTITUTE FOR MEDICAL ADVICE.

IF YOU ARE SEEKING MEDICAL ADVICE YOU ARE URGED TO CONSULT WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL.  

IF YOU BELIEVE THAT YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR CALL 911, IMMEDIATELY.

No information provided on this Site is intended to make or imply any drug claims for the treatment of any disease or health condition, or to make any comparison or implied claims against any FDA approved interventions for any disease or health condition.  No information provided on this Site should be used in the diagnosis of any disease or health condition. For diagnosis of any disease or health condition, you should consult your physician or licensed healthcare professional.

Information included on this site may be derived from reviews of relevant scientific and medical literature, from Whole Biome’s advisors, and/or from Whole Biome’s own research findings and clinical studies, and may reflect interpretations of the authors, advisors and Company personnel.  There may always be varying opinions, interpretations and conclusions reached by others based upon the same, similar or different research.

While Company will endeavor to keep this the information on this Site current and consistent, information may become outdated over time, or superseded by subsequent disclosure.  This Site may include technical or other inaccuracies, inconsistencies or typographical errors.  Whole Biome assumes no liability for accuracy, completeness or usefulness of the information contained on this Site.  Changes may be periodically added to the information and these changes will be incorporated in new editions of this Site.

PROPRIETARY RIGHTS IN WEBSITE CONTENT
Whole Biome retains all copyright and other proprietary rights in the contents of this Site (the “Content”).  Elements of this Site are protected by copyright, trademark, trade dress and other laws, and may not be copied or imitated in whole or in part.  Nothing shall be construed as granting you any license under any patent, trademark or copyright of Whole Biome or any third party.  Certain portions of this Site contain information supplied by updated by third parties, or include links to third-party sites.  Whole Biome is not responsible for, and makes no warranty as to the accuracy of such information or sites.

“Whole Biome”, the Whole Biome logo, and Live Synbiotics are trademarks of Whole Biome, and no use, copying, reproduction Whole Biome or transmission of such trademarks is permitted without the express written consent of.  Trademarks not owned by Whole Biome are the property of their respective owners, and no permission is granted for the use, copying, or reproduction of such trademarks, without the prior consent of the trademark’s owner.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means, in whole or in part, without Whole Biome’s prior written permission.  You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.  You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation.  Any other use of the Content is strictly prohibited.

LINKS TO OTHER WEBSITES
This Site may contain links to other websites.  We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked website on or through this Site does not imply approval or endorsement of the linked website by us.  If you decide to leave this Site and access these third party websites, you do so at your own risk.

LIMITATION OF LIABILITY
Whole Biome, its affiliates and any of its, or their, directors, officers, employees, or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Site (or a website linked to this Site), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.  Whole Biome’s total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Site.

YOUR INFORMATION

You acknowledge and agree that with respect to any information you provide to Whole Biome, including your personal information and/or information related to your health, you have read and understood Whole Biome’s Privacy Policy, and you understand and agree to the provisions of that policy with respect to your submitted information.

 

NOTICE OF WAIVER OF JURY TRIAL AND CLASS ACTIONS
If you are a resident of the United States (including its possessions and territories), by accepting these Terms of Use, you are agreeing to the waiver of jury trial and class actions as set forth below to resolve any disputes with Whole Biome.

DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WHOLE BIOME DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT AND PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION.  WHOLE BIOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

WHOLE BIOME MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOLE BIOME OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WAIVER OF JURY TRIAL AND CLASS ACTIONS
BY ENTERING INTO THESE TERMS OF USE, YOU AND WHOLE BIOME ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.  YOU AND WHOLE BIOME BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS.  THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.  IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WHOLE BIOME BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

INDEMNIFICATION
By accepting these Terms of Use, you agree to indemnify and otherwise hold Whole Biome harmless and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Site.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Whole Biome may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Whole Biome and the public.

JURISDICTION
This Site (excluding linked sites) is controlled by Whole Biome from its offices in the State of California in the United States.  By accessing this Site, you and Whole Biome agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to its conflicts of laws principles.  You and Whole Biome also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of California with respect to such matters.  Whole Biome makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.

TERMINATION
Whole Biome reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.  Examples of activity that may lead to a termination of your use of the Site include your breach of any of these Terms of Use.

NOTICES
Whole Biome may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Site, or by written communication delivered by first class U.S. mail to the address that you have provided to Whole Biome.  You may give notice to, or submit comments or questions to, Whole Biome at any time via e-mail or by letter delivered by first-class postage prepared U.S. mall or overnight courier to the following address:

 

Whole Biome, Inc.
Attn:  Terms of Use
933 20th Street
San Francisco, CA 94107

PROCEDURE FOR MAKING COPYRIGHT CLAIMS

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Whole Biome is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Whole Biome at the notice address provided above.  Whole Biome respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Whole Biome with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SURVIVAL
The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

GENERAL PROVISIONS
Except as provided in a particular “Legal Notice” or additional “Terms and Conditions” or “Terms of Use” on this or other Sites, these Terms of Use, along with the Privacy Policy, constitute the entire agreement and understanding between you and Whole Biome with respect to use of this Site, superseding all prior or contemporaneous communications with Whole Biome.  These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The section titles of this Agreement are displayed for convenience only and have no legal effect.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.