Terms of Use
Effective: 1/31/23
These Terms of Use (“Terms”) apply to the access and use of all content, materials, services, software, tools, and information (“Information”) available on sonomabio.com, including through sonomabio.com mobile applications and other websites that we control that include a direct link to these Terms of Use (individually, a “Site” and collectively, the “Sites”). The Sites are operated by Sonoma Biotherapeutics, Inc. (“Sonoma Bio”, “we” or “us”). The content on the Sites is intended for visitors who are residents of the United States. We make no representation regarding the appropriateness or regulatory compliance of the Site or its contents for visitors and users outside the United States. By accessing or using a Site, you agree, on behalf of yourself and the institution or company that you represent, to be legally bound by these Terms. As such, it is important to read these Terms carefully. If you do not agree with or do not agree to be bound to these Terms, immediately stop using the Sites and do not access them.
We reserve the right to revise these Terms or any portion of them at any time without notice by posting a new version on this page. You are bound by any such revisions and as such we recommend periodically visiting this page to review any updated Terms. As a condition of your use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner that could damage, alter, disable, overburden, or impair the operation of the Sites, any Sonoma Bio server, or any networks connected to any Sonoma Bio server, or that could interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to any Sonoma Bio server or to any of the Sites through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. If you violate any of these Terms, your permission to access and use the Sites, including any Information downloadable, printable or otherwise made available to you from the Sites automatically terminates, in addition to any other remedy at law or otherwise that Sonoma Bio may have against you.
“Your Content” means any audio, video, text, images, or other material you choose to provide, upload or display (individually and together “Display”) on the Sites. With respect to your Content, by Displaying it, you grant Sonoma Bio a non-exclusive, royalty-free, irrevocable and sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your Content must be your own and must not be obscene, illegal, defamatory, threatening, invasive of privacy, infringing on any third party’s rights, or injurious in any other way to third parties. You represent that you have the right to Display your Content on the Site. Do not Display any of your Content which you do want to be used or made public. Sonoma Bio reserves the right to remove any of your Content from the Sites at any time, and for any reason, without notice.
Privacy Policy
Use of the Sites is subject to Sonoma Bio’s Privacy Policy which is incorporated into these Terms by reference. Your use of the Sites constitutes your confirmation that you have read and accepted this Privacy Policy. You expressly acknowledge and agree that your collection, use and storage of any Information available through use of the Sites is at your sole risk and responsibility.
Copyright
As between you and Sonoma Bio, all content contained on the Sites is copyright of Sonoma Bio unless specifically identified otherwise. This includes all imagery, text and programmatic computer code. You may not copy the contents of the Sites other than for non-commercial individual reference with all copyright or other proprietary notices retained. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Information, text, imagery or documents contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, unless expressly agreed to in writing by a duly authorized representative or officer of Sonoma Bio.
Trademarks
Trademarks on the Sites are either registered trademarks or trademarks of Sonoma Bio or its affiliates, or of third party owners, in the United States and/or other countries. The names of actual companies and products mentioned on the Sites and/or third party trademarks, trade names and logos contained on the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Links To Other Web Sites
Links to third party websites on the Sites are provided solely as a convenience to you. If you use these links, you will leave the applicable Site. By providing these links, we are not endorsing, adopting or agreeing with any of the content on the linked websites or the products or services of that third party, including but not limited to the third party’s privacy policies or practices. We do not review or control the content of third party websites and that content does not constitute part of the Sites. We expressly disclaim any responsibility for the content of any third party websites linked to the Sites or the products or services of that third party. We do not make any representations regarding the content or accuracy of content or materials on third party websites or third party products or services. We urge you to use discretion when you access any third party websites linked to the Sites, as any third party website is governed by its own terms and policies.
Disclaimers
Although the Information on the Sites are provided in good faith and believed to be correct, Sonoma Bio makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of the Information or about any results to be obtained from using the Sites. Although we make a good faith effort to update the Information periodically, we do not have any duty to do so, and we will not be responsible or liable for any failure to do so. Information is supplied on the condition that you will make your own determination as to its suitability for your purposes prior to use. Your access and use of any website linked through the Site, or of the Sites and the Information available on them, is at your own risk. We may make changes to the Sites at any time in our sole discretion. It is your responsibility to monitor such changes.
Sonoma Bio makes no claims that the Information on the Sites are appropriate or may be downloaded for use outside of the United States. If you access Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Sonoma Bio reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Sites is void where prohibited.
Although Sonoma Bio employs practices to avoid such issues, we do not warrant that the Sites will operate free of errors, or that Site servers are free of computer viruses and other harmful materials. If your use of any of the Sites results in the need for servicing or replacing equipment or data, Sonoma Bio is not responsible for costs relating to such service or replacement.
The Sites, and Information on them, are provided on an ‘as is’ basis, without any express or implied representations or warranties of any kind. To the fullest extent permitted by law, Sonoma Bio disclaims all express and implied warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Nothing contained herein is to be construed as advice to you or a recommendation to use any product, service, tool, software, process, equipment, or formulation in conflict with any patent, and Sonoma Bio makes no representation or warranty, express or implied, that the use thereof will not infringe any patent. Sonoma Bio makes no warranties about the accuracy, reliability, completeness, or timeliness of, nor does Sonoma Bio make any commitment to update or correct, the Information, graphics, and links on the Sites.
Indemnity
You agree to indemnify to the fullest extent, defend and hold harmless Sonoma Bio and its affiliates, subsidiaries, officers, directors, employees, agents and representatives (collectively, “Affiliated Parties”) from and against all liabilities, demands, causes of action, losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from Sonoma Bio’s termination of your access to or use of any of the Sites.
Liability
NEITHER SONOMA BIO NOR ANY OF ITS AFFILIATED PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITES, OR USE OF OR ACCESS TO ANY WEBSITES LINKED TO THE SITES. IN THE EVENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS LIMITED BY LAW, SUCH LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Miscellaneous
If any provision or part of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable under any applicable law, such invalidity or unenforceability will not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. Sonoma Bio shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. These Terms, including any legal notices and disclaimers on the Sites, constitute the entire agreement between Sonoma Bio and you in relation to your use of the Sites, and supersede all prior agreements and understandings with respect to the same. Headings are for convenience only and shall not be used in the interpretation of the Terms. These Terms, and any dispute arising out of them, will be governed by and construed in accordance with the laws of California without regard to conflicts of law provisions.