TERMS AND CONDITIONS FOR YOUR ACCESS TO WHOLE BIOME BETA PRODUCTS
Whole Biome, Inc. (“Whole Biome”) is developing products that may eventually be sold for the management of one or more health conditions. In the context of that development, Whole Biome is offering access to certain investigational and development stage products (“Beta Products”) to limited individuals for evaluation of potential effects of such Beta Products in exchange for an access fee (“Access Fee”), and agreement to the terms and conditions (“Terms”) set forth herein. In acquiring the Beta Products and clicking the “Agree to Terms” button, you are acknowledging that you understand these Terms and are agreeing that the Terms govern your access and use of Beta Products from Whole Biome:
Any and all products and or services offered to you through the Whole Biome IBS website (“Site”) constitute investigational Beta Products and are governed by the Terms set forth herein. Any other products or services that you may purchase from Whole Biome that are offered through other channels, not including the Site, may be subject to their own specific terms and conditions, depending upon the nature of the products or services.
Not a Sale or Offer to Sell any Product
You understand and agree that in acquiring Beta Products and paying any applicable Access Fee, you are participating in a beta evaluation program for such Beta Products whereby Whole Biome is agreeing to provide you early access to potential future products in exchange for your agreement to the Terms and your payment of any applicable Access Fee. THIS IS NOT A SALE OF ANY PRODUCT OR AN OFFER TO SELL YOU ANY PRODUCT.
Access Fees and Ordering Beta Products
In ordering any Beta Product(s) you agree to the amount and payment terms for the Access Fee(s) set forth on the Site, as Whole Biome may update them from time to time. You may place orders/requests for Beta Products on the Website by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Beta Product(s) ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Whole Biome for processing. All orders are subject to acceptance by Whole Biome, and Whole Biome reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of any offer or commitment to provide Beta Products. Whole Biome reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Whole Biome unless Whole Biome notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.
Investigational Nature of Products
You understand and acknowledge that the Beta Products are developmental in nature and may have little or no effect or benefit in managing any particular health condition, including those for which the Beta Product is being investigated and/or evaluated, as described on the Site.
You understand that while Whole Biome is evaluating whether the Beta Products may be effective in managing certain health conditions, the Beta Products may not have been determined to have any effect in managing, benefitting or improving any particular health condition.
You understand and agree that while the Beta Products have been evaluated for safety by Whole Biome, and additionally have been determined to be Generally Recognized as Safe (GRAS) as a food, consumption of the Beta Products may not be entirely without minor adverse effects, including stomach pain, bloating, diarrhea, and nausea. IF YOU EXPERIENCE ANY ADVERSE EFFECTS FOLLOWING YOUR CONSUMPTION OF BETA PRODUCTS, STOP TAKING THE BETA PRODUCTS IMMEDIATELY AND CONSULT WITH YOUR PHYSICIAN.
You understand and agree that you should only use the Beta Products under the supervision of your physician.
You understand and agree that the safety evaluation of any Beta Product is specifically related to individuals with the specific health condition identified with respect to such Beta Product, and that individuals suffering from different or additional serious health conditions should not consume the Beta Products.
Authorized Use and Confidentiality
The Beta Products are intended for limited use in developing potential approaches to managing certain health conditions specified for each Beta Product, and they should not be used or any other purpose.
You hereby represent and agree that:
You also hereby represent and agree that YOU WILL NOT:
Beta Products are Not Drugs
You understand and acknowledge that the Beta Products are being developed and evaluated as Medical Foods for the potential management of certain health conditions under a physician’s supervision. The Beta Products are not drugs, and are NOT intended for the treatment of any disease or health condition.
Not Medical Advice
In providing the Beta Products, you agree that Whole Biome is not providing you with any medical advice, either through the Site, or in providing you with the Beta Products and their accompanying information.
You understand and agree that if you are seeking any information regarding your personal health condition, that you have or will seek advice of your personal physician or other qualified healthcare professional.
Limitation of Liability and Disclaimer of Warranties
You acknowledge and agree that as investigational products, the Beta Products are provided to you on an “As-Is” and “As Available” basis. You understand, acknowledge and agree that Whole Biome makes no representations or warranties relating to the Beta Products or their effectiveness in managing any health condition or otherwise, and that Whole Biome expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability and/or any warranty of fitness for any particular purpose.
You acknowledge and agree that as investigational products, Whole Biome is not liable for any use of the Beta Products that is not in accordance with the instructions provided with such Beta Products or with these Terms (collectively referred to as “Unauthorized Use”). Moreover, you agree to indemnify and hold Company harmless from any claims, suits, damages, awards or penalties resulting from any such Unauthorized Use of Beta Products by you or any third [arty obtaining Beta Products from you.