Agreement between user and Planetary Biosciences, Inc.

Welcome to the website for Planetary Biosciences, Inc. at planetarybiosciences.com. This site is a news and information website where certain products and/or services may also be made available to you.

The Planetary Biosciences website (also referred to as “the website or site’” or “this website or site”) is comprised of various pages operated by Planetary Biosciences. This site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices herein contained (“the terms”). Your use of this site constitutes your agreement to all such terms.

Please read the terms carefully and retain a copy of them for your reference.

PRIVACY

Your use of the Planetary Biosciences website is subject to Planetary Bioscience’s Privacy Policy. Please ready our Privacy Policy which also governs this site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting Planetary Bioscience’s website or sending e-mails to Planetary Biosciences constitutes electronic communications. By using this site, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via e-mail and on the site satisfy any legal requirements that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account password.  You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Planetary Biosciences is not responsible for third party access to your account that results from theft or misappropriation of your account. Planetary Biosciences and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content at our sole discretion.

If you are under the age of 18 you may use this website only with permission of your parent or guardian. If you are a parent and have questions regarding our data collection practices, please contact us using the information provided at the end of this agreement.

CANCELLATION/REFUND

You may cancel your order prior to shipment, and if you are dissatisfied with a product you may return the unused portion with the reason for your dissatisfaction to receive a full refund of the purchase price.

LINKS TO THIRD PARTY SITES AND THIRD PARTY SERVICES

Planetary Biosciences website may contain links to other websites (“linked sites). The linked sites are not under the control of Planetary Biosciences, and Planetary Biosciences is not responsible for the content of any linked site, including without limitation any link contained in a linked site or any changes or updates to a linked site. Planetary Biosciences is providing any linked sites to you only as a convenience, and the inclusion of any linked site does not imply endorsement by Planetary Bioscience of the site or any association with its operators.

Certain services made available via Planetary Biosciences are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.planetarybiosciences.com domain, you hereby acknowledge and consent that Planetary Biosciences may share such information and data with any third party with whom Planetary Biosciences has a contractual relationship to provide the products, service or functionality on behalf of Planetary Biosciences users and customers.

NO UNLAWFL OR PROHIBITED USE OF INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use this site strictly in accordance with these terms of use. AS a condition of your use of the site, you warrant to Planetary Biosciences that you will not use the site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner which could damage, disable overburden or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the site.

All content included as a part of the site and services, such as text, graphics, logos images as well as the compilation thereof and any software used on the sites is the property of Planetary Biosciences or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site.

Planetary Biosciences content is not for resale. Your use of this site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Planetary Biosciences, Inc. and the copyright owner. You agree that you do not acquire any ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Planetary Biosciences or our licensors except as expressly authorized by these terms.

USE OF COMMUNICATION SERVICES

The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “communication services”), and you agree to use communication services only to post, send and receive messages and material that are proper and related to the particular communication service.

By way of example, and not as a limitation, you agree that when using a communication service you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload or distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward any surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidance which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Planetary Biosciences has no obligation to monitor the communication services. However, Planetary Biosciences reserves the right to review materials posted to a communication service and to remove any material at its sole discretion. Planetary Biosciences reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Planetary Biosciences reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or part, at Planetary Bioscience’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Planetary Biosciences does not control or endorse the content, messages or information found in any communication service, and therefore, Planetary Biosciences specifically disclaims any liability with regard to communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Planetary Biosciences spokespersons, and their views do not necessarily represent those of Planetary Biosciences.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials.

MATERIALS PROVIDED TO PLANETARY BIOSCIENCES OR POSTED ON ANY WEB PAGE

Planetary Biosciences does not claim ownership of the materials you provide to Planetary Biosciences (including feedback and suggestions) or post, upload input or submit to any Planetary Biosciences site or any of our associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting Planetary Biosciences permission to use your submission in connection with their internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. Planetary Biosciences is under no obligation to post or use any submission you provide and may remove any submission at any time at Planetary Bioscience’s sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

THIRD PARTY ACCOUNTS

You will be able to connect your Planetary Biosciences account to third party accounts. By connecting your Planetary Biosciences account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The service is controlled, operated and administered by Planetary Biosciences from our offices with in the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Planetary Biosciences content accessed through www.planetarybiosciences.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Planetary Biosciences, Inc., its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Planetary Biosciences reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Planetary Biosciences in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its cost and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these terms and conditions or any dispute arising as a result of these terms and conditions, whether directly or indirectly including tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these terms and conditions.

CLASS ACTION WAIVER

Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and employer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INNACURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLANETARY BIOSCIENCES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PLANETARY BIOSCIENCES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMLINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPUSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SURVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PLANETARY BIOSCIENCES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLANETARY BIOSCIENCES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE TH ESITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHTHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLANETARY BIOSCIENCES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Planetary Biosciences reserves the right, in its sole discretion, to terminate your access to this site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Planetary Biosciences as a result of this agreement or use of the site. Planetary Bioscience’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Planetary Bioscience’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Planetary Bioscience with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Planetary Biosciences with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Planetary Biosciences with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business document and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Planetary Biosciences reserves the right, in its sole discretion, to change the terms under which www.planetarybiosciences.com is offered. The most current version of the terms will supersede all previous versions. Planetary Biosciences encourages you to periodically review the terms to stay informed of our updates.

CONTACT US

Planetary Biosciences welcomes your questions or comments regarding these terms. Contact us at contactus@planetarybiosciences.com.

This document is effective as of 09/22/2016.