Terms and Conditions

Welcome to mbiome.com (the “Web Site“). The use of this Web Site is governed by all terms and conditions set forth below (“Terms“). Please read all of the Terms carefully. If you do not agree to all of the Terms, please do not use this Web Site. MicroBiome Therapeutics LLC (“MBT“) reserves the right, in its sole discretion, to update these Terms at any time and such changes will be effective upon posting. Your continued use of this Web Site after such changes are posted constitutes your acceptance of these Terms as modified

I. Overview

MBT maintains this Web Site as a service to the Internet community. The Web Site has been designed to provide general information about MBT and its products. The information provided on these pages is not intended to provide investment, medical or healthcare advice or instruction on the appropriate use of products under development, produced or supplied by MBT or its affiliates.

II. Ownership and Use

This Web Site and all content and materials included on this Web Site, including without limitation all information, text, graphics, illustrations, photos, video, sound and software (collectively, “Content“), are protected under U.S. and international copyright, trademark and other intellectual property laws and treaties and are the exclusive property of MBT or MBT’s licensors. All rights reserved. You may not store, modify, create derivative works of, translate, distribute, publish, transmit, sell or participate in any sale of, or exploit in any way any Content in any form or by any means. Except as expressly set forth below, you may not reproduce the Content or any portion thereof without the prior written consent of MBT. You acknowledge that you do not acquire any ownership rights by downloading material from this Web Site.

Subject to your full compliance with these Terms, you may access this Web Site and view, download and make a reasonable number of copies of the Content, solely for the purpose of using the Web Site as a personal resource. You must reproduce on all copies of the Content, and must not remove, alter or obscure in any way, all proprietary rights notices (including copyright notices) of MBT or its third party licensors.

The logos, trademarks, service marks and trade dress (collectively, “Marks“) displayed on this Web Site are the exclusive property of MBT or MBT’s licensors. You may not display or use the Marks in any manner without the prior written consent of MBT or its applicable licensor.

III. Linked Sites

This Web Site might contain links to other sites on the Internet (“Linked Sites“). Please be aware that the Linked Sites, including without limitation those of our affiliates, promotional partners, advertisers, sponsors and other third parties, might have their own terms of use for their web sites. MBT is not responsible for such terms of use, or for the accuracy or reliability of any information, data, opinions, advice or statements, or for the content, advertising, products or other materials made available on or through any Linked Site. The links to these Linked Sites are for your convenience only, and you access them at your own risk. MBT shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

IV. Disclaimer and Limitation on Liability

THIS WEB SITE AND THE CONTENT IS PROVIDED BY MBT “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MBT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING.

MBT DOES NOT WARRANT THAT THIS WEB SITE OR ITS CONTENT IS OR WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEB SITE, AND THAT MBT AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEB SITE. IN NO EVENT SHALL MBT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR ANY LINKED SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT NOT PROHIBITED BY LAW.

V. Indemnification

You agree to defend, indemnify and hold harmless MBT and its officers, directors, members, partners, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use of this Web Site or the Linked Sites or violation of any of these Terms.

VI. Applicable Law

This Web Site is created, operated and controlled by MBT from its offices within the State of Colorado, U.S.A. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Web Site shall be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

VII. General

If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, within in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter of the Terms. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver of the Terms.

VIII. Our Address and Contact Information

MicroBiome Therapeutics LLC,
11001 West 120th Avenue
Suite 400
Broomfield, Colorado 80021