Website Terms and Conditions of Use
1.- Welcome.
TruBios, LLC – Communications Series (“TruBios Communications”) welcomes you to the TruBios Website (http://www.trubios.com).
Your visit to, access to and use of the TruBios Website is subject to the Website Terms and Conditions of Use. Please do not visit, access and/or use this website unless you agree with the Website Terms and Conditions of Use. By visiting, accessing and/or using the TruBios Website, you acknowledge that you have read, understood, accepted and agreed to the Website Terms and Conditions of Use.
TruBios Communications reserves the right, at its own discretion, to modify at any time and without notice, in whole or in part, the TruBios Website including, without limitation, the Website Terms and Conditions of Use. By visiting, accessing and/or using this website, you agree to be bound by any and all revisions to the Website Terms and Conditions of Use.
As used in the Website Terms and Conditions of Use, the word “affiliate(s)” shall mean any other individual, partnership, corpora¬tion, business trust, joint stock company, trust, unincorporated association, joint venture, limited liability company, limited liability company series, limited partnership or other entity of whatever nature directly or indirectly controlling, directly or indirectly controlled by or under direct or indirect common control with the individual or entity specified and, with regards to TruBios Communications, shall include, but not be limited to, TruBios, LLC, and all series of TruBios, LLC.
2.- Content and Intellectual Property.
All information, data, statistics, figures, numbers, text, graphics, photographs, videos, animations, tools, trademarks, logos, taglines, sounds, music and artwork (collectively, the “Content”) including, without limitation, the design, color scheme, arrangement, composition, organization, makeup, structure, presentation and overall “look and feel” of such Content, as contained in the TruBios Website, is owned, controlled and/or licensed to TruBios Communications.
Trade dress, copyright, trademark and intellectual property laws protect this website and its Content. Any unauthorized use of this website and/or of its Content is expressly prohibited and constitutes a violation of all applicable laws including, without limitation, trade dress, copyright, trademark and intellectual property rights and laws.
No part of the TruBios Website including, without limitation, its Content, may be copied, reproduced, duplicated, republished, licensed, sold, modified, rewritten, publicly displayed, translated, “mirrored”, used to create any derivative works, transmitted or distributed in any way without the express prior written consent of TruBios Communications.
Nothing contained in this website shall be construed as granting, by implication, estoppel, or otherwise, a license or right to use (i) any part of the Content of this website and/or (ii) any intellectual property rights of a third party.
3. Downloads.
You may use images, graphics, animations, videos and similar materials intentionally made available by TruBios Communications for downloading from the TruBios Website, provided that you do not
(1) Remove any author attributions, legal or other notices, proprietary designations, logos or labels in any and all copies of such materials;
(2) Use any such material for any purpose other than personal and non-commercial;
(3) Modify, copy, redistribute, reproduce, disseminate, display, transmit, post or publish any such material without the express prior written consent of TruBios Communications;
(4) Create derivative works from, license, transfer or sell any such material;
(5) Make any assurances, representations or warranties relating to any such material;
(6) Use any such material in any manner that infringes any intellectual property rights of any party including, without limitation, copyright, trademark, patent and trade secret rights; and
(7) Violate any applicable laws and regulations.
4. Disclaimer of Warranties and Limitation of Liability.
The TruBios Website and its Content are provided “as is”. TruBios Communications, its licensors and affiliates, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, accuracy, non-infringement of third parties’ rights and fitness for a particular purpose. TruBios Communications, its licensors and affiliates, make no representations or warranties about the accuracy, reliability, completeness, correctness and/or suitability of the TruBios Website including, without limitation, its Content, or of any information and/or content provided in any website(s) linked to the TruBios Website.
TruBios Communications, its licensors and affiliates, are not, and shall not be, jointly and severally liable for any loss, damage including, without limitation, any special, direct, indirect, incidental, punitive and/or consequential damages, and/or injury including, without limitation, lost profits, resulting from your visit, access and/or use of the TruBios Website, the Content of the TruBios Website, any modification to the Content of the TruBios Website and/or from the content and/or information provided in any website(s) linked to the TruBios Website.
TruBios Communications, its licensors and affiliates, are not, and shall not be, jointly and severally liable to you or anyone else for any decision made or action taken based on any information contained in or provided through the TruBios Website.
TruBios Communications, its licensors and affiliates, make no warranty that the TruBios Website will (i) be uninterrupted, free of viruses including, without limitation, malware, adware, spyware and other malicious and unwanted programs, and/or errors, and/or (ii) provide you with specific results.
As a user of this website, you are responsible for maintaining all necessary and sufficient means external to this website for the reconstruction and/or recovery of any and all lost data.
In any event, if TruBios Communications and/or its licensors and affiliates are found to be liable for any loss, damage and/or injury including, without limitation, lost profits, resulting from your visit, access and/or use of this website including, without limitation, its Content, you agree that the liability of TruBios Communications and/or its licensors and affiliates shall in no event exceed the total amount of Thirty Dollars (US$30.00, legal currency of the United States of America).
5. Agreement to Indemnify.
You agree, upon demand, to indemnify, defend and hold harmless TruBios Communications, its members, officers, directors, employees, agents, licensors, affiliates and partners from and against any and all demands, claims, losses, liabilities, expenses, damages and costs including, without limitation, reasonable attorneys’ fees, resulting from (i) any violation by you of these Website Terms and Conditions of Use, (ii) your interference with the proper operation of this website, (iii) your unauthorized access to this website by any illegitimate means, as well as any acts by your part involving, amongst others, hacking, re-configuring and/or re-programming of any system, use of a security exploit, use of a Trojan horse and/or worm, password cracking, spoofing attack, social engineering and/or use of a rootkit.
6. Separate Series.
The goods and services described and identified in this website are provided by separate series of TruBios, LLC, a Delaware series limited liability company, as the case may be, and the limitation on liabilities of each such series is that awarded to limited liability company series under the Limited Liability Company Act provided in the Delaware Code as well as all other applicable laws of the State of Delaware. You acknowledge that you understand, accept and agree that neither TruBios, LLC, nor any of its other separate limited liability series is, or shall be, jointly and severally liable as a result of the provision of goods and services by each separate series of TruBios, LLC.
Without limitation, you acknowledge that you understand, accept and agree that each series of TruBios, LLC, is a separate entity with separate rights, powers, duties, business purposes and investment objectives.
7. No Assignment.
You may not assign any of your rights and/or obligations under these Website Terms and Conditions of Use without the prior written consent of TruBios Communications.
8. No Waiver.
Any failure by TruBios Communications to insist upon or enforce strict compliance or performance of any provision of these Website Terms and Conditions of Use shall not be construed as a waiver of any provision or right.
9. Severability.
If any provision contained in these Website Terms and Conditions of Use is held to be unlawful, unenforceable or void, then such provision shall be severable to the extent necessary without affecting the enforceability of all remaining provisions.
10. Governing Law.
These Website Terms and Conditions of Use, as well as your visit, access and/or use of this website, are governed by the laws of the United States of America and by the laws of the State of Maryland without regard to its conflicts of laws provisions, in the understanding that the limitation on liabilities of each series of TruBios, LLC, is that awarded to limited liability company series under the Limited Liability Company Act provided in the Delaware Code as well as all other applicable laws of the State of Delaware. Subject to that provided in the following paragraph, you agree that any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction in Montgomery County, Maryland, and waive any and all objections and defenses to such jurisdiction or venue.
Prior to filing any legal action or proceeding pursuant to the preceding paragraph, the parties agree to attempt to resolve, in good faith, any controversy or dispute. If the parties are unable to resolve the controversy or dispute within thirty (30) calendar days, then either party may submit the matter to non-binding mediation. If the matter is not resolved through mediation, then either party may commence a legal action or proceeding as described in the preceding paragraph.