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Terms of Use

Effective Date May 11, 2018

ACCEPTANCE OF TERMS

The CiBO Technologies, Inc. website (the “Site”), is owned and operated by CiBO Technologies, Inc. (“CiBO”), and is accessed by you under the terms of use described below (“Terms of Use”). CiBO is not responsible for any harm or loss that you may suffer in connection with any use of the Site for any business purpose or other purpose not authorized under these Terms of Use. The Site is provided free of charge and, as such, CiBO has no obligation to provide maintenance or support services in relation to the Site and CiBO is not responsible for any loss or damage that you may suffer as a result of any failure to maintain or update the Site. Please read these Terms of Use carefully before using the Site or any of the Site’s content. By accessing the Site and content, you agree to become bound by these Terms of Use. If you do not agree to all the terms and conditions in these Terms of Use, then you may not access the Site or use the content on the Site.

MODIFICATIONS OF TERMS OF USE

CiBO reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. CiBO reserves the right to update and/or change the content on the Site, including the Terms of Use, at any time as well, with no liability to any user. If the alterations constitute a material change to the Terms of Use, CiBO will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at CiBO’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified. Accordingly, whenever you visit this Site, you should check to see if a new version of these Terms of Use has been posted.

CONTENT OWNERSHIP AND USAGE RIGHTS

CiBO shall retain all rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by CiBO, or a third party who licensed the right to use such content to CiBO. Unless otherwise expressly noted, nothing that you read or see on the Site or other Site content, or any of the source code or HTML code that CiBO uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of CiBO, without prior written consent or otherwise permitted by relevant law.

INDEMNITY

You will indemnify and hold harmless CiBO, its directors, officers, employees, customers, affiliates, agents, and vendors, and from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY

Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, CiBO makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. You access this Site at your own risk.

The site and all content on it is provided on an “as is” basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither CiBO nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on this site, including but not limited to any lost profits, loss or damage to data, or any direct, special, consequential, compensatory, or incidental damages, even if they have been advised of the possibility of damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of CiBO, computer virus, or other similar item, telecommunications errors, or unauthorized access to or use oF user information through theft or any other means. CiBO is not liable for criminal, tortious, or negligent actions or omissions or third parties that affect this site. In no event will CiBO or any or its affiliates, agents, employees or assigns be held liable for any damage to equipment, hardware or other property or personal injury that arises in connection with the use of the site.

Use of this Site is also subject to this Site’s Privacy Policy. Personally-identifiable information provided in electronic communication via this Site is governed by the Privacy Policy. CiBO will be free to use or copy all other information provided in any such electronic communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including, without limitation, disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Further, any and all: (a) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to CiBO (collectively “Feedback”); and (b) improvements, updates, modifications or enhancements, whether made, created or developed by CiBO or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of CiBO. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of CiBO and CiBO may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to CiBO any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At CiBO’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between users of the Site and CiBO, and regarding the subject matter hereof. If you breach any term of these Terms of Use, CiBO may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. CiBO’s remedies are cumulative and not exclusive. Failure of CiBO to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of these Terms of Use at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. Any dispute arising out of these Terms of Use shall be governed by the laws of Massachusetts, notwithstanding any conflicts of law principles. Any action relating to these Terms of Use will be determined by mandatory binding individual (not class) arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. This does not waive, preclude, or otherwise limit one’s rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending final ruling from the arbitrator.

You and CiBO agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and CiBO agree, no arbitrator may consolidate more than one person’s claims. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

In the event that this Site provides links or references to other sites, CiBO will have no responsibility for the content of such other sites and will have no liability for any damages or injury arising from that content. Such links to other sites are simply provided for the benefit of the users of the Site and are not an endorsement of any such content or information, including without limitation, third party products, services and/or information.

DIGITAL MILLENNIUM COPYRIGHT ACT

Anyone who believes that his or her work has been reproduced on the Site in a manner which constitutes copyright infringement may submit a notification to our copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (a) identification of the copyrighted work that is claimed to be infringed; (b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site; (c) information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address; (d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (f) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Notices of copyright infringement claims should be sent by mail to Michael Berdik, Vice President, General Counsel 155 Second Street, Cambridge, MA 02141; or by email to legal@cibotechnologies.com. We will respond expeditiously to claims of copyright infringement that are reported to our copyright agent in the notification explained above. Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.