TERMS OF USE

Updated July 2020

Terms of Use

Please read these Terms of Use (“Terms”) carefully. For purposes of these Terms, Sonoma Biologics Corp. is referred to as “Sonoma,” “us,” “we,” and by words of similar meaning. Your use of www.sonomabiologics.com and other Sonoma websites (the “Site”) constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. Sonoma may also make changes to these Terms or replace, amend or modify these Terms from time to time, with or without notice to you, which will be posted to this page and will become effective immediately upon posting. For this reason, please read these Terms each time you visit our Site. By using the Site, it means you accept the most recent version of the Terms. These Terms were last updated July 15, 2020.

  1. The Site, Information Accuracy and Modifications

We control and operate this Site from the United States of America. Sonoma makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

Sonoma reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sonoma shall not be liable to you or any third party in the event that Sonoma exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. The information available on the Site should not be considered complete or exhaustive and may not reflect the most current information available. While Sonoma attempts to make sure the information included in the Site is accurate, there may be delays, omissions, or inaccuracies in the content provided on the Site. As a result, Sonoma does not represent that the information contained herein is complete, accurate and up to date in every case.

  1. Copyright and Trademark Notice

The materials, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by Sonoma, its affiliates or Sonoma’s third party licensors (“Content”) on the Site belong to or are licensed to Sonoma. The Content is protected by United States and foreign copyright laws. All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of Sonoma or third parties who have licensed their trademarks to Sonoma or one of its affiliates or subsidiaries. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.

You may download, view, copy and print Content, subject to the following: (a) the Content may be used solely for personal, informational, or internal business purposes; (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (c) the Content may not be modified or altered in any way; and (d) no graphics may be used separate from accompanying text.  You may use the Content solely for your non-commercial, personal purposes.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of Sonoma. Requests for such permission should be made to [email protected]. If you use the Content on this Site in a way that is not clearly allowed by these Terms, you are violating your agreement with Sonoma and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to the Site. Any rights not expressly granted herein are reserved. Please be advised that Sonoma enforces its intellectual property rights to the fullest extent of the law. 

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

  1. Feedback, Comments and Ideas

Sonoma is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that Sonoma and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, advertising campaigns, marketing strategies, products, technologies, services, processes, materials, or product names. We want you to understand that any information that you submit through the Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please do not send your unsolicited ideas or any original materials to Sonoma or anyone at Sonoma. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Sonoma, without any compensation to you; (2) Sonoma will have no obligation to return your idea to you or respond to you in any way; (3) Sonoma will have no obligation to keep your idea confidential; and (4) Sonoma may use your idea for any purpose whatsoever, including giving your idea to others. Furthermore, you will be deemed to automatically assign Sonoma, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to Sonoma that you have the right to do so.

  1. Links to this Site and Other Websites

The Site may provide links to websites operated by third parties. Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Sonoma of the third party, the third-party website, or the information contained therein. Sonoma is not responsible for the availability of any such websites. Sonoma is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Sonoma affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Sonoma does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Sonoma is not responsible for any loss or damage of any sort you may incur from dealing with any third party. 

In general, in the absence of any other agreement with Sonoma, you may link or hyper-link to the home page of the Site from your website, subject to the following: (a) you notify us by email at  [email protected] specifying the URL of each page from which you will be linking to our home page; (b) you do not frame the Site or any portion of the Site; (c) you do not deep link into the Site (i.e., you do not link into any page other than the home page); (d) the link or hyper-link to the Site is not used in a way that suggests that Sonoma endorses you or your website; (e) the link is identified using a plain text rendering of the Sonoma name and not any trademark or Sonoma logo; (f) the link or hyper-link to the Site is not used or presented in any way that disparages Sonoma or tarnishes, blurs, or dilutes the quality of Sonoma’s names or trademarks or any associated goodwill; and (g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

  1. No Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SONOMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SONOMA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SONOMA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONOMA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE SITE AND ALL CONTENT CONTAINED ON THE SITE, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED BY SONOMA ON AN “AS IS” AND “AS AVAILABLE” BASIS. SONOMA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS DESCRIBED IN THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

SONOMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. 

  1. Forward-Looking Statements

This Site may include forward-looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions and variations of these terms and similar expressions, or the negative of these terms or similar expressions are intended to identify forward-looking statements. Any statements made on this Site other than those of historical fact, about an action, event or development, are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors, which may cause the results of Sonoma, its divisions and concepts to be materially different than those expressed or implied in such statements. Sonoma cannot guarantee future results, levels of activity, performance or achievements. Accordingly, you should not place undue reliance on these forward-looking statements. We undertake no obligation to update publicly any of these forward-looking statements to reflect actual results, new information or future events, changes in assumptions or changes in other factors affecting forward-looking statements, except to the extent required by applicable laws. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities.

  1. Limitation of Liability

IN NO EVENT SHALL SONOMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, FEES, FINES PENALTIES OR LIABILITIES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES OR WEBSITES ACCESSED THROUGH LINKS PROVIDED THROUGH THE SITE, EVEN IF SONOMA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY/WRONGFUL DEATH, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THIS PROTECTION COVERS SONOMA, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUPPLIERS MENTIONED ON THE SITE. 

YOU AGREE THAT NEITHER SONOMA NOR ANY PERSON OR COMPANY ASSOCIATED WITH SONOMA SHALL BE LIABLE TO YOU FOR ANY ACTION THAT YOU TAKE BASED ON INFORMATION ON THE SITE. THIS SITE CONTAINS FORWARD-LOOKING STATEMENTS. BECAUSE SUCH STATEMENTS INVOLVE RISKS AND UNCERTAINTIES, INCLUDING, BUT NOT LIMITED TO, UNCERTAINTIES RELATED TO SONOMA’S EARLY STAGE OF DEVELOPMENT AND PRODUCTS.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SONOMA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

  1. Acknowledgement of Applicable Laws

Sonoma operates under applicable state and county laws. You expressly acknowledge and understand that cannabis (marijuana) is listed on Schedule I of the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.

You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence, unless specifically authorized and approved under applicable law.

While the Site may be accessed from various locations, we reserve the right to limit the availability of the Site and the information thereon only to Users located in certain states, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of Sonoma (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located in order to use the Site. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the Site. Sonoma may change the Service Area in its sole discretion at any time without prior notice.

  1. Health and Product Disclaimer

You expressly acknowledge, agree, and understand that any statements relating to cannabis on the Site have not been evaluated by the U.S. Food and Drug Administration (FDA). None of Sonoma’s products (including, but not limited to those available on the Site) are intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of Sonoma’s products.

  1. Age Requirements

You must be at least 21 years old to access the Site. By using the Site you expressly represent and warrant that you are at least 21 years old, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms. You acknowledge that Sonoma reserves the right to determine a minimum age for any User or Service Area in its sole discretion (“Required Age”). You agree that if you do not meet the Required Age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Site.

  1. No Resale of the Site

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Sonoma.

  1. Privacy Policy

All information submitted to the Site, including but not limited to personally identifiable information, is treated in accordance with Sonoma’s Privacy Policy located at https://ownsonomabiologics.com/privacy.

  1. Indemnity

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Sonoma, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, attorneys, shareholders, directors, officers, employees and agents, and any third-party information providers to Sonoma from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation of these Terms.

  1. Export Restrictions/Legal Compliance

Sonoma controls this Site from within the United States of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. The Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on the Site is accessible to users outside of the U.S., the information pertaining to Sonoma products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Sonoma reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Site is void where prohibited.

  1. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

  1. General

In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Sonoma’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

Any and all disputes relating to these Terms, Sonoma’s Privacy Policy, your use of the Site, any other Sonoma website, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws or choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such.

Sonoma may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Sonoma.

Please read our Privacy Policy to learn how we protect and use information that we gather through this website. If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Sonoma harmless against any liability for that harm.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Sonoma on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. 

  1. Termination

Sonoma or you may terminate these Terms at any time. You may terminate these Terms by destroying all materials obtained from the Site and all related documentation and all copies and installations and by ceasing to use the Site. Sonoma may terminate these Terms immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this Site and cease all use of the Site. You may not access this Site after termination of these Terms without the written approval of Sonoma.

Any suspension or termination shall not affect your obligations to us under these Terms.  The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site, your account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.

  1. Acknowledgment

By accessing this Site or registering with Sonoma, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

  1. Contact Information

If you have any questions regarding these Terms or the Site, please contact Sonoma at  [email protected].