Terms of Use

1. Introduction

These Terms of Use (“Terms”, “Terms of Use”) are between Pow Genetic Solutions, Inc. dba Pow.bio (“Pow.bio”, “we”, “our”, “us”) and you and govern your use of our website located at www.pow.bio (“Site”). Our Privacy Policy also governs your use of our Site and explains how we collect, safeguard and disclose information that results from your use of our Site. Please read it here www.pow.bio/privacy-policy. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Site. These Terms apply to all visitors, users and others who wish to access or use Site.

2. Use of the Site

Subject to your complete and ongoing compliance with the Agreements, Pow.bio grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, nonsublicensable, revocable license to access and use the Site for lawful purposes.

3. Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you agree that you will not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism; use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; use any device, software, or routine that interferes with the proper working of the Site; introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, or any server, computer, or database connected to the Site; attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Site. In addition, if you are prohibited under applicable law from using the Site, you agree to not use it.

4. Communications

If you submit information on the Site, you agree to receive information and materials we may send in response to such submission. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at info@pow.bio.

5. Third Parties

We may use third-party service providers to assist us in providing the Site and its underlying functionality, e.g., collecting and transmitting information you may submit on the Site, and analytics associated with your use of the Site. By accessing and using the Site, you consent to our use of any such third party service or technology.

6. No Use By Minors

The Site is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by all of their terms and conditions. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Site.

7. Intellectual Property

The Site and its content, features and functionality are and will remain the exclusive property of Pow.bio and its licensors. The Site is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pow.bio.

8. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Pow.bio an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

9. Links To Other Websites

The Site may contain links to third party web sites or services that are not owned or controlled by Pow.bio. Pow.bio has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT POW.BIO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

10. Disclaimer Of Warranty

THE SITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, COMPANY WILL NOT BE LIABLE, AND YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE AGREEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

12. Indemnity

To the fullest extent permitted by law, you are responsible for your access to and use of the Site, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of the Agreements, any representation, warranty, or agreement referenced in the Agreements, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Termination

We may terminate or suspend your access to and use of the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreements.

All provisions of the Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Governing Law

The Agreements are governed by the laws of the State of California without regard to conflict of law principles. You and Pow.bio submit to the personal and exclusive jurisdiction of the state

courts and federal courts located within the County of Alameda, California for resolution of any lawsuit or court proceeding permitted under the Agreements.

15. Changes To Site

We reserve the right to change, or restrict access to some parts or all of, the Site at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

16. Amendments To Terms

We may amend the Agreements at any time by posting the amended terms on this site. Your continued use of the Site following the posting of revised Agreements means that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorized to access or use the Site .You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

17. Waiver And Severability

No waiver by Company of any term or condition set forth in the Agreements shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreements will continue in full force and effect.

18. Acknowledgement

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENTS AND AGREE TO BE BOUND BY THEM.

19. Contact Us

The Site is offered by Pow Genetic Solutions, Inc. dba Pow.bio, located at 2865 Seventh Street, Berkeley, CA 94710. You may contact us by sending correspondence to that address or by emailing us at info@pow.bio.

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