Terremoto Biosciences Terms of Use

Terremoto Biosciences, Inc. (“Terremoto,” “we”, “us” or “our”) makes this Website available to you under these Terms of Use. By accessing information or materials on this Website, you acknowledge that you have read, understand and agree to be bound by these Terms of Use. If you are not eligible or you do not agree to these Terms of Use, then you may not use and you should exit this Website.

Eligibility.

You must be at least 18 years of age to use this Website. By agreeing to these Terms of Use, you represent, warrant and covenant that you are at least 18 years of age and your use of this Website is and will be in compliance with these Terms of Use and all applicable laws and regulations. If you are an entity, the individual accepting these Terms of Use on your behalf represents and warrants that such individual has authority to bind you to these Terms of Use and you agree to be bound by these Terms of Use.

General.

This Website grants you a limited, revocable right to access and use the Website solely for non-commercial purposes to learn about Terremoto and our research and products and to apply for open employment positions. No other use of the Website is authorized. Your use of this Website is at your own risk. Without limiting any other rights Terremoto may have, we reserve the right to suspend, discontinue or modify the Website at any time for any reason, without notice or any other obligation to you.

Use of the Website.

Except as may be expressly permitted by applicable law or expressly authorized by Terremoto in the next paragraph, and without limiting the general restrictions above, you may not, and you may not authorize others to: (a) store, copy, modify, distribute or resell any information or material from the Website (“Material”); (b) reproduce, modify, decompile, disassemble, reverse engineer or create derivative works of the Website or Material; (c) use any robot, spider, scraper, web crawler or other automated means or any similar manual process to use the Website or store, copy, modify, distribute or resell any Material; (d) rent, lease or sublicense access to the Website; (e) use the Website or Material for any purpose except for your own personal use; (f) use the Website to post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful or contains a virus, Trojan horse, worm, or other harmful component; (g) disable or evade any security elements of the Website; (h) use the Website in a manner that is detrimental to the availability or performance of the Website; or (i) remove or modify any proprietary rights notice on any portion of the Website or Material.

Terremoto authorizes you to view, copy, download and print Terremoto documents (such as white papers and press releases) that are made available for public access on the Website; provided that (i) such documents may be used solely for noncommercial, informational purposes; (ii) you may not, nor may you authorize others to, modify such documents; and, (iii) you may not, nor may you authorize others to, remove or modify proprietary rights notice from or to such documents.

All trademarks and logos appearing on this Website are the property of their respective owners. Nothing on this Website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights of this Website or any of its content, except as expressly authorized herein. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as may be otherwise expressly provided herein.

No Medical Advice or Services.

Any content on this Website related to medical conditions and their treatment is for informational purposes only. Terremoto does not offer medical diagnosis, advice or treatment from this Website or any social media account, and none of the information contained on this Website should be interpreted as providing medical advice or services of any kind. If you have a medical condition or a specific medical question, please contact your physician or healthcare provider. Only your physician or other healthcare provider can determine if a product or medical treatment is appropriate for you.

Investment Disclaimer.

All content on this Website is for informational purposes only and no content is intended to be relied upon for investment or trading purposes. Terremoto will not be responsible for any investment or trading decisions made based on such content. This Website, including the information contained herein, does not constitute and is not intended to be an offer to purchase or sell securities of Terremoto.

Website Accuracy Disclaimer.

While we may periodically update or correct information presented on this Website, Terremoto makes no representation or warranty regarding the accuracy or completeness of information on this Website and we expressly disclaim any obligation to update or correct such information. We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

User Submissions.

We do not accept or consider unsolicited submissions through this Website. However, you agree that any information, suggestions or materials of any kind that you submit through this Website will be treated as nonproprietary information and Terremoto may use such submissions for any purpose without payment of any compensation to you. Terremoto will have a royalty-free, transferable, perpetual, irrevocable, worldwide right and license to reproduce, distribute, display, perform, and create derivative works of such submissions and to use, make, offer for sale, sell, and import products containing or based on such submissions. Subject to the terms of the Terremoto privacy policy found at www.staging-terremotomultipage.kinsta.cloud, any submissions you send through this Website will be deemed by us to be non-confidential. You may not submit any information, suggestion or material which is inaccurate or infringes or violates the rights of any person or entity or is obscene or defamatory. You are solely responsible for all information, suggestions or materials that you submit to Terremoto.

Third Party Website Links.

This Website may contain links to websites maintained by other parties. We provide such links only as a convenience and such links do not mean that Terremoto endorses any third-party company, website or product. Terremoto assumes no responsibility for such third-party websites or the information therein.

Social Media

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We may use social media accounts from time to time for users to engage with us. Terremoto does not commit to respond to any user comments on our social media accounts or other forms of communication. Our social media pages may facilitate conversations about Terremoto’s business and other healthcare news. However, those social media pages may not be used to discuss specific Terremoto or other products. We will manage our social media offerings in accordance with social media guidelines and regulations and we reserve the right to remove content that is inappropriate or is inconsistent with such guidelines or regulations, including, without limitation, statements regarding unapproved uses of products or any content that is confidential, offensive, misleading or infringes any party’s proprietary rights. Social media is not an appropriate forum to resolve healthcare issues. If you have any questions about your healthcare, please contact your physician or other healthcare provider.

Indemnification.

You agree to indemnify, defend, and hold harmless Terremoto, its subsidiaries, affiliates, directors, officers, employees, agents, consultants, business partners and their respective assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, or associated with, your use of this Website or any other linked websites or your reliance upon the information contained herein or therein, and/or your violation of these Terms of Use.

NO WARRANTIES.

TO THE MAXIMUM EXTENT ENFORCEABLE UNDER APPLICABLE LAW, THIS WEBSITE AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL OBTAINED OR SUBMITTED THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. TERREMOTO IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, SUBMISSION TO OR DOWNLOAD OF ANY MATERIAL FROM THIS WEBSITE.

GENERAL DISCLAIMER.

TO THE MAXIMUM EXTENT ENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT WILL TERREMOTO, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

LIMITATION.

TO THE MAXIMUM EXTENT ENFORCEABLE UNDER APPLICABLE LAW, TERREMOTO’S, ITS AFFILIATES’ AND THEIR RESPECTIVE LICENSORS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE AND/OR THE WEBSITE WILL NOT EXCEED THE GREATER OF $10.00 OR THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS WEBSITE, IF ANY, DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF SUCH CLAIM.

Applicable Law.

This Website is intended to be accessed from, and the information contained on the Website is intended to be used within the United States of America. If you access this Website from another country, you are responsible for compliance with laws applicable to such access. These Terms of Use are governed by the laws of the state of California without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of this Website will be the state and federal courts located in San Francisco, California, and you irrevocably agree to submit to the jurisdiction of such courts.

Miscellaneous.

You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part, by operation of law or otherwise, to any third party without Terremoto’s consent. We may assign these Terms of Use at any time without notice or consent. These Terms of Use will bind and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated herein and supersede all prior understandings and agreements (whether oral or written). You may not modify any of the terms herein. Any waiver by us of any breach or default of any of the terms herein will not be deemed a waiver of any subsequent breach or default or a waiver of the provision itself. Section headers used herein are for convenience only and will not affect the interpretation of any provision. If any provision of these Terms of Use is unenforceable, that provision will be deemed severable and will not affect the enforceability of the other provisions of these Terms of Use.

Changes.

Terremoto may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use and your continued use of the Website after the effective date of any modifications will constitute your acceptance of the modified Terms of Use for such continued use.

Contact.

If you have any questions about these Terms of Use, please contact us at: Terremoto Biosciences, Inc., info@terremotobio.com, CA, USA or via www. www.staging-terremotomultipage.kinsta.cloud.

Last Updated:

May 18, 2022