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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.wholebiomet2d.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.

TERMS AND CONDITIONS FOR YOUR ACCESS TO WHOLE BIOME BETA PRODUCTS

Whole Biome, Inc. (“Whole Biome”) is developing products that may eventually be sold for the management of one or more health conditions.  In the context of that development, Whole Biome is offering access to certain investigational and development stage products (“Beta Products”) to limited individuals for evaluation of potential effects of such Beta Products in exchange for an access fee (“Access Fee”), and agreement to the terms and conditions (“Terms”) set forth herein.  In acquiring the Beta Products and clicking the “I agree” button, you are acknowledging that you understand these Terms and are agreeing that the Terms govern your access and use of Beta Products from Whole Biome:

BETA PRODUCTS

Any and all products and or services offered to you through the Whole Biome T2D website (“Site”) constitute investigational Beta Products and are governed by the Terms set forth herein.  Any other products or services that you may purchase from Whole Biome that are offered through other channels, not including the Site, may be subject to their own specific terms and conditions, depending upon the nature of the products or services.

Not a Sale or Offer to Sell any Product

You understand and agree that in acquiring Beta Products and paying any applicable Access Fee, you are participating in a beta evaluation program for such Beta Products whereby Whole Biome is agreeing to provide you early access to potential future products in exchange for your agreement to the Terms and your payment of any applicable Access Fee.  THIS IS NOT A SALE OF ANY PRODUCT OR AN OFFER TO SELL YOU ANY PRODUCT.

Access Fees and Ordering Beta Products

In ordering any Beta Product(s) you agree to the amount and payment terms for the Access Fee(s) set forth on the Site, as Whole Biome may update them from time to time. You may place orders/requests for Beta Products on the Website by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Beta Product(s) ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Whole Biome for processing.  All orders are subject to acceptance by Whole Biome, and Whole Biome reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of any offer or commitment to provide Beta Products.  Whole Biome reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer.  Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Whole Biome unless Whole Biome notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.

Investigational Nature of Products

You understand and acknowledge that the Beta Products are developmental in nature and may have little or no effect or benefit in managing any particular health condition, including those for which the Beta Product is being investigated and/or evaluated, as described on the Site. 

You understand that while Whole Biome is evaluating whether the Beta Products may be effective in managing certain health conditions, the Beta Products may not have been determined to have any effect in managing, benefitting or improving any particular health condition.

You understand and agree that while the Beta Products have been evaluated for safety by Whole Biome, and additionally have been determined to be Generally Recognized as Safe (GRAS) as a food, consumption of the Beta Products may not be entirely without minor adverse effects, including stomach pain, bloating, diarrhea, and nausea.   IF YOU EXPERIENCE ANY ADVERSE EFFECTS FOLLOWING YOUR CONSUMPTION OF BETA PRODUCTS, STOP TAKING THE BETA PRODUCTS IMMEDIATELY AND CONSULT WITH YOUR PHYSICIAN.

You understand and agree that you should only use the Beta Products under the supervision of your physician.

You understand and agree that the safety evaluation of any Beta Product is specifically related to individuals with the specific health condition identified with respect to such Beta Product, and that individuals suffering from different or additional serious health conditions should not consume the Beta Products.   

Authorized Use and Confidentiality

The Beta Products are intended for limited use in developing potential approaches to managing certain health conditions specified for each Beta Product, and they should not be used or any other purpose. 

You hereby represent and agree that:

  • you are purchasing Beta Products solely for your own use;
  • you are purchasing Beta Products solely for use in evaluating whether the Beta Product has any effect on managing the health condition(s) specified as the evaluation for such Beta Product on the Site;
  • you are using the Beta Products under the supervision of your physician;
  • you will use the Beta Products only in accordance with the instructions for use set forth for such Beta Product, or as instructed by your physician;
  • you are 18 years of age or older;
  • you will store the Beta Products as directed in any instructions provide on the Site or with the Beta Products;
  • you will maintain the Beta Products in a secure location to avoid loss or theft;
  • you will maintain information about the Beta Products as confidential, sharing such information only with your personal physician to the extent necessary to manage your own health.

You also hereby represent and agree that YOU WILL NOT:

  • distribute, resell, donate or give the Beta Products to any third party;
  • provide any Beta Products to any person(s) who is/are under the age of 18;
  • attempt to analyze, reverse engineer or otherwise attempt to ascertain the make-up, contents, or ingredients of the Beta Products.

Beta Products are Not Drugs

You understand and acknowledge that the Beta Products are being developed and evaluated as Medical Foods for the potential management of certain health conditions under a physician’s supervision.  The Beta Products are not drugs, and are NOT intended for the treatment of any disease or health condition.

Not Medical Advice

In providing the Beta Products, you agree that Whole Biome is not providing you with any medical advice, either through the Site, or in providing you with the Beta Products and their accompanying information. 

You understand and agree that if you are seeking any information regarding your personal health condition, that you have or will seek advice of your personal physician or other qualified healthcare professional.

Limitation of Liability and Disclaimer of Warranties

You acknowledge and agree that as investigational products, the Beta Products are provided to you on an “As-Is” and “As Available” basis.  You understand, acknowledge and agree that Whole Biome makes no representations or warranties relating to the Beta Products or their effectiveness in managing any health condition or otherwise, and that Whole Biome expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability and/or any warranty of fitness for any particular purpose. 

You acknowledge and agree that as investigational products, Whole Biome is not liable for any use of the Beta Products that is not in accordance with the instructions provided with such Beta Products or with these Terms (collectively referred to as “Unauthorized Use”).  Moreover, you agree to indemnify and hold Company harmless from any claims, suits, damages, awards or penalties resulting from any such Unauthorized Use of Beta Products by you or any third [arty obtaining Beta Products from you.

YOUR INFORMATION

You acknowledge and agree that with respect to any information you provide to Whole Biome regarding your use of the Beta Products, 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.

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