Terms & Conditions

SAB Biotherapeutics, Inc. Terms and Conditions

Effective Date:  July 1, 2014

IMPORTANT — THIS AGREEMENT (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR“) AND SAB BIOTHERAPEUTICS, INC. (HEREINAFTER “COMPANY,” “WE“, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF WWW.SABBIOTHERAPEUTICS.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY COMPANY (THE “WEBSITE(S)“).

1.  Agreement.   BY USING ANY WEBSITES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME.  IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S).  THOSE CHANGES WILL GO INTO EFFECT ON THE EFFECTIVE DATE SHOWN IN THE REVISED AGREEMENT.  BY CONTINUING TO USE ANY WEBSITES AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.

2.  Acceptable Use.  When you use the Websites, you may not:

• violate any law or regulation;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use any means to scrape or crawl any Web pages or Content (as herein defined) contained in the Websites (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
• attempt to circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Websites;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

3. Ownership & Copyright Restrictions. The Websites are owned and operated by Company and/or its licensors. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites.

4. Copyright Permission. Permission is granted for viewing the pages on the Websites, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Company and/or its licensors and Company and/or its licensors retain complete title to the information and all property rights therein. All other rights are reserved.

5. Trademarks. All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.

6. Submissions. If you submit any ideas, suggestions or testimonials to Company, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only submit ideas, materials and content if you have obtained appropriate copyright and other permission and you hereby grant Company and its licensors the right to use such materials. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.

7. Privacy Policy. Company has customer information and privacy policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference. You hereby agree to be bound by Company’s Privacy Policy.

8. DISCLAIMER. COMPANY AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE WEBSITES, OR INFORMATION CONTAINED ON THE WEBSITES. WE AND OUR LICENSORS DO NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WEBSITES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITES NOTHING CONTAINED IN THE WEBSITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE BY COMPANY OR ITS LICENSORS FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTHCARE PROVIDER. YOU SHOULD CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

9. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THE WEBSITES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

10. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles.

11. Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

12. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.

13. Authority. The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.

14. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

15. Notices. You may contact us by writing us at the email address listed below:

info@sab.bio

Please put “Customer Service” in the subject line PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.