AGREEMENT TO OUR LEGAL TERMS

 

We are Durbio (“Company,” “we,” “us,” “our“).

 

We operate the website https://durbio.com (the “Site“), as well as any other related products and
services that refer or link to these legal terms (the “Legal Terms“)
(collectively, the “Services“).

 

You can contact us by email at contact@durbio.com

 

These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you“),
and Durbio, concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.

 

We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by email, as stated in the email
message. By continuing to use the Services after the effective date of any
changes, you agree to be bound by the modified terms.

 

All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Services. If
you are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.

 

We recommend that you print a copy of these Legal Terms for your records.

 

 

1. OUR SERVICES

 

The information provided when using the Services
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.

 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the “Content”),
as well as the trademarks, service marks, and logos contained therein
(the “Marks”).

 

Our Content and Marks are protected by copyright
and trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial
use only.

 

Your use of our Services

 

Subject to your compliance with these Legal
Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a
non-exclusive, non-transferable, revocable license to:

• access
  the Services; and
• download or print a copy of any portion of
  the Content to which you have properly gained access.

solely for your personal, non-commercial use.

 

Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.

 

If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: contact@durbio.com. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.

 

Your submissions

 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.

 

Submissions: 

By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services
(“Submissions”), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: 

By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with
  our “PROHIBITED
  ACTIVITIES” and will not
  post, send, publish, upload, or transmit through the Services any
  Submission that is illegal, harassing, hateful, harmful, defamatory,
  obscene, bullying, abusive, discriminatory, threatening to any person or
  group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable
  law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are
  original to you or that you have the necessary rights
  and licenses to submit such Submissions and that you have
  full authority to grant us the above-mentioned rights in relation to your
  Submissions; and
• warrant and represent that your
  Submissions do not constitute confidential information.

You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant
that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Services; (5) you will not access
the Services through automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.

 

If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).

 

 

4. USER REGISTRATION

 

You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.

 

 

5. PRODUCTS

 

We make every effort to display as accurately as
possible the colors, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of
the products. All products are subject to availability, and we cannot
guarantee that items will be in stock. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to
change.

 

 

6. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 

–  Visa

–  Mastercard

–  PayPal

 

 

You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in US dollars.

 

You agree to pay all charges at the prices then
in effect for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any errors
or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers, or distributors.

 

 

7. RETURN POLICY

 

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase,
we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that
you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food,
flowers, newspapers or magazines cannot be returned. We also do not accept
products that are intimate or sanitary goods, hazardous materials, or flammable
liquids or gases.

Additional non-returnable items:

• Gift cards
• Downloadable software products
• Some health and
  personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are
certain situations where only partial refunds are granted:

• Book with obvious
  signs of use
• CD, DVD, VHS tape,
  software, video game, cassette tape, or vinyl record that has been opened.
• Any item not in its
  original condition, is damaged or missing parts for reasons not due to our
  error.
• Any item that is
  returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that
we have received your returned item. We will also notify you of the approval or
rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically
be applied to your credit card or original method of payment, within a certain
amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is
officially posted.

Next contact your bank. There is often some processing time before a refund is
posted.

If you’ve done all of this and you still have not received your refund yet, please
contact us at {email address}.

Sale items

Only regular priced items may be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for
the same item, send us an email at {email address} and send your item to:
{physical address}.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive
a gift credit for the value of your return. Once the returned item is received,
a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped
to themselves to give to you later, we will send a refund to the gift giver and
they will find out about your return.

Shipping returns

To return your product, you should mail your product to: {physical address}.

You will be responsible for paying for your own shipping costs for returning your item.
Shipping costs are non-refundable. If you receive a refund, the cost of return
shipping will be deducted from your refund.

Shipping policy

Shipping option	Estimated delivery time
To USA	5 to 8 business days
To Europe	10 to 12 business days
To the rest of the world	14 business days

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

Your order may be subject to import duties and taxes (including VAT), which are incurred
once a shipment reaches your destination country. Durbio is not responsible for
these charges if they are applied and are your responsibility as the customer.

In the event that your order arrives damaged in any way, please email us as soon as
possible at contact@durbio.com with your order number and a photo of the item’s
condition. We address these on a case-by-case basis but will try our best to
work towards a satisfactory solution.

If you are returning more expensive items, you may consider using a trackable shipping
service or purchasing shipping insurance. We don’t guarantee that we will
receive your returned item.

Need help?

Contact us at contact@durbio.com for questions related to
refunds and returns. 

 

 

8. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any
purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

• Systematically retrieve data or other
  content from the Services to create or compile, directly or indirectly, a
  collection, compilation, database, or directory without written permission
  from us.
• Trick, defraud, or mislead us and other
  users, especially in any attempt to learn sensitive account information
  such as user passwords.
• Circumvent, disable, or otherwise interfere
  with security-related features of the Services, including features that
  prevent or restrict the use or copying of any Content or enforce
  limitations on the use of the Services and/or the Content contained
  therein.
• Disparage, tarnish, or otherwise harm, in
  our opinion, us and/or the Services.
• Use any information obtained from the
  Services in order to harass, abuse, or harm another person.
• Make improper use of our support services
  or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent
  with any applicable laws or regulations.
• Engage in unauthorized framing of
  or linking to the Services.
• Upload or transmit (or attempt to upload or
  to transmit) viruses, Trojan horses, or other material, including
  excessive use of capital letters and spamming (continuous posting of
  repetitive text), that interferes with any party’s uninterrupted use and
  enjoyment of the Services or modifies, impairs, disrupts, alters, or
  interferes with the use, features, functions, operation, or maintenance of
  the Services.
• Engage in any automated use of the system,
  such as using scripts to send comments or messages, or using any data
  mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary
  rights notice from any Content.
• Attempt to impersonate another user or
  person or use the username of another user.
• Upload or transmit (or attempt to upload or
  to transmit) any material that acts as a passive or active information
  collection or transmission mechanism, including without limitation, clear
  graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
  similar devices (sometimes referred to as “spyware” or “passive
  collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue
  burden on the Services or the networks or services connected to the
  Services.
• Harass, annoy, intimidate, or threaten any
  of our employees or agents engaged in providing any portion of the
  Services to you.
• Attempt to bypass any measures of the
  Services designed to prevent or restrict access to the Services, or any
  portion of the Services.
• Copy or adapt the Services’ software,
  including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law,
  decipher, decompile, disassemble, or reverse engineer any of the software
  comprising or in any way making up a part of the Services.
• Except as may be the result of standard
  search engine or Internet browser usage, use, launch, develop, or
  distribute any automated system, including without limitation, any spider,
  robot, cheat utility, scraper, or offline reader that accesses the
  Services, or use or launch any unauthorized script or other
  software.
• Use a buying agent or purchasing agent to
  make purchases on the Services.
• Make any unauthorized use of the
  Services, including collecting usernames and/or email addresses of users
  by electronic or other means for the purpose of sending unsolicited email,
  or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to
  compete with us or otherwise use the Services and/or the Content for any
  revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.

 

9. USER GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or
post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Services and through
third-party websites. When you create or make available any Contributions,
you thereby represent and warrant that:

• The creation,
  distribution, transmission, public display, or performance, and the
  accessing, downloading, or copying of your Contributions do not and will
  not infringe the proprietary rights, including but not limited to the
  copyright, patent, trademark, trade secret, or moral rights of any third
  party.
• You are the creator and
  owner of or have the necessary licenses, rights, consents, releases,
  and permissions to use and to authorize us, the Services, and
  other users of the Services to use your Contributions in any manner
  contemplated by the Services and these Legal Terms.
• You have the written
  consent, release, and/or permission of each and every identifiable
  individual person in your Contributions to use the name or likeness of
  each and every such identifiable individual person to enable inclusion and
  use of your Contributions in any manner contemplated by the Services and
  these Legal Terms.
• Your Contributions are
  not false, inaccurate, or misleading.
• Your Contributions are
  not unsolicited or unauthorized advertising, promotional
  materials, pyramid schemes, chain letters, spam, mass mailings, or other
  forms of solicitation.
• Your Contributions are
  not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
  slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not
  ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are
  not used to harass or threaten (in the legal sense of those terms) any
  other person and to promote violence against a specific person or class of
  people.
• Your Contributions do not
  violate any applicable law, regulation, or rule.
• Your Contributions do not
  violate the privacy or publicity rights of any third party.
• Your Contributions do not
  violate any applicable law concerning child pornography, or otherwise
  intended to protect the health or well-being of minors.
• Your Contributions do not
  include any offensive comments that are connected to race, national
  origin, gender, sexual preference, or physical handicap.
• Your Contributions do not
  otherwise violate, or link to material that violates, any provision of
  these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.

 

10. CONTRIBUTION LICENSE

 

 

You and Services agree that we may access,
store, process, and use any information and personal data that you
provide and your choices (including settings).

 

By submitting suggestions or other feedback
regarding the Services, you agree that we can use and share such feedback for
any purpose without compensation to you.

 

We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.

 

 

 

11. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Services to
leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right
and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.

 

 

12. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation,
to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.

 

 

13. PRIVACY POLICY

 

We care about data privacy and security. By
using the Services, you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States. If you access the Services from any
other region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed
in the United States.

 

 

 

14. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.

 

15. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.

 

16. GOVERNING LAW

 

 

These Legal Terms shall be governed by and
defined following the laws. Durbio and yourself irrevocably consent
that the courts shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.

 

17. DISPUTE RESOLUTION

 

 

 

Informal Negotiations

 

To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Legal Terms (each
a “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least 30 days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.

 

 

Binding Arbitration

 

 

Any dispute arising out of or in connection with
these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. 

 

Restrictions

 

The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

 

 

18. CORRECTIONS

 

There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.

 

19. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.

 

20. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

 

21. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Services;
(2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

 

We will maintain certain data that you transmit
to the Services for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.

 

 

24. CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.

 

 

25. MISCELLANEOUS

 

These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.

 

 

26. CONTACT US

 

In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at: contact@durbio.com