Last Updated on May 22, 2017

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE OF THE EVOLVE BIOSYSTEMS, INC. AND ALL OF ITS SUBSIDIARIES, SUCCESSORS IN INTEREST AND ASSIGNS (COLLECTIVELY, “EVOLVE BIOSYSTEMS”, “US”, “WE”) BEFORE USING: www.evolvebiosystems.com, www.evivo.com, www.glycoguard.com and all related websites, products, and related services. In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.

You agree that by using this Site and registering for membership, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence.

It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.

1. Ownership.

All of the Sites, and each of its components are the copyrighted property of Evolve BioSystems, and its affiliates, various third-party providers, and distributors. Portions of the content found on any of the Sites may be owned by such affiliates, third-party providers, and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on any of the Sites may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Evolve BioSystems and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on any of the Sites (collectively, the “Trademarks”) are the registered and common-law trademarks of Evolve BioSystems, its affiliates, and various third parties. Nothing contained on any of the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Evolve BioSystems or such other party that may own the Trademark.

2. Use of Site.

You may only use any of the Sites to browse the content, make inquiries to Evolve BioSystems, order Evolve BioSystems products and not for any other purposes. The Sites and the content provided in any of the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Evolve BioSystems, except that you may download, display and print one copy of the materials presented on any of the Sites on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any of the Sites and the materials contained on any of the Sites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Sites with others or post them on social media sites, however, you are prohibited from posting to or transmitting from any of the Sites any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Evolve BioSystems provides links from the Sites to other websites for your information and convenience. Evolve BioSystems does not assume any responsibility or liability with respect to any website linked from any of the Sites (or any website linking to any of the Sites), including its content and operation. Evolve BioSystems does not review or monitor such links. Except for links available through the “store locator” function, a link from any of the Sites to another website (or a link from another website to any of the Sites) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While any of the Sites may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Sites and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Evolve BioSystems (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Sites).

3. Age and Responsibility.

You represent that you are of sufficient legal age to use any of the Sites and to create binding legal obligations for any liability you may incur because of the use of any of the Sites. You understand that you are financially responsible for all uses of any of the Sites by you and those using your Access Codes (defined hereafter).

4. Privacy.

You represent that you have read the Evolve BioSystems Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Evolve BioSystems and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Evolve BioSystems Privacy Policy.

5. Specials, Promotions and Sweepstakes/Contests.

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. THESE MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE EVOLVE BIOSYSTEMS PRIVACY POLICY.

6. Passwords.

When you order you will be given the opportunity to create an account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.

7. Employment.

From time to time, Evolve BioSystems may place vacancy announcements on the Sites, seeking applications from candidates who desire employment with Evolve BioSystems or one of its related entities. However, Evolve BioSystems is not under any obligation to screen or review any applications or to offer any vacancy announcement or other employment opportunities. As a result, Evolve BioSystems does not certify the existence, type or quality of the jobs posted, the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting. The Sites and all job-related information they contain are provided “AS IS.” EVOLVE BIOSYSTEMS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE JOB-RELATED OR OTHER INFORMATION PROVIDED ON THE SITES. Evolve BioSystems does not guarantee that any employment position will be offered to any of the candidates submitting information. By using the Sites, you assume the risk that the information on the Sites may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements. You also agree that any information you submit, whether or not it is in response to any posted vacancy, is truthful and complete.

8. Submissions.

“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Evolve BioSystems regarding the products or services of Evolve BioSystems. Submissions will not be confidential and will become the property of Evolve BioSystems upon submission to Evolve BioSystems. By providing any Submissions, you agree to assign to Evolve BioSystems, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Evolve BioSystems will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide and that you, not Evolve BioSystems, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.

Except as expressly stated and agreed upon in advance by Evolve BioSystems, no confidential relationship shall be established if any user of any of the Sites should make any oral, written or electronic communication to Evolve BioSystems (such as feedback, questions, comments, suggestions, ideas, etc.). If any Evolve BioSystems website requires or requests that such information be provided and that such information contains personal identifying information (e.g., name, address, phone number), Evolve BioSystems shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Evolve BioSystems shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Evolve BioSystems is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

9. Product and Service Availability.

Reference to any product or service on any of the Sites constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it. Evolve BioSystems manages all or portions of the Sites in the United States of America. Evolve BioSystems does not imply that the materials on any of the Sites are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.

We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

10. Backorders (out of stock).

Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.

11. Prices and Availability.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON ANY OF THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on any of the Sites does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.

12. Order Acceptance.

Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.

13. Sales Tax.

Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order. Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the taxes you paid for that item. You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped. Please note that on-screen order totals reflect estimated tax. The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.

14. Registration and Security.

By entering any of the Sites you confirm that you are of legal age in the state in which you reside. If you wish to purchase any products or use certain services on any of the Sites, you must provide certain minimum required information to us. By entering any information on any of the Sites, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any Access

15. Payment.

You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.

16. Relationship.

Your use of any of the Sites is independent of Evolve BioSystems and not as an employee, agent, partner, or joint venturer with Evolve BioSystems for any purpose. We will permit our independent sales representatives to access portions of any of the Sites.

17. Governing Law.

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, United States of America, in all questions and controversies arising out of your use of any of the Sites and this Agreement. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

18. Assignment.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

19. Modification.

Evolve BioSystems may at any time modify these Terms of Use in our discretion without notice. Your use of any of the Sites will be conditioned upon the Terms of Use posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use any of the Sites.

20. Additional Terms.

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of any of the Sites, and you agree to abide by such other terms and conditions.

21. Headings.

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

22. Copyright Act Agent.

Evolve BioSystems respects the intellectual property rights of others, and requires that the people who use any of the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent
Evolve BioSystems Incorporated
2121 Second Street, B107
Davis, CA 95618
Or via Customer Service

 

23. Entire Agreement.

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on any of the Sites.

How to Contact Us.

If you have any comments or questions, please do not hesitate to contact us  or by writing us at the address below:

Evolve BioSystems 
2121 Second Street, B107 
Davis, CA 95618 

©2017 Evolve BioSystems, Inc. All Rights Reserved