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Terms and Conditions

1. Your Acceptance of Terms of Use

The website MotherDirt.com (the “Site”) is provided by Aobiome LLC (“Aobiome”).  Throughout these terms and conditions, the words “we,” “us,” and “our” refer to Aobiome and its affiliates, and the words “you” and “your” refer to the user visiting the Site.  These terms and conditions of service (“Terms of Use”) set forth the legally binding terms for your use of the Site.  By accessing or using this Site in any manner, you signify your agreement to these Terms of Use and any other legal notices, conditions or guidelines located within the Site.  If you do not agree to any of these Terms of Use, please do not use the Site and exit now.
Please read these Terms of Use carefully as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

2. Modification to These Terms of Use and Our Site

We may add to, update, delete from or modify the Site at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change these Terms of Use.  We may post or display notices of changes to the Terms of Use on the Site or may notify you of such changes.  Once posted, these changes to the Terms of Use become effective immediately.  If any change that we make is not acceptable to you, promptly stop using the Site.  Any use by you of the Site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

3. Site Content

A. The Site Content (defined below) is provided as a courtesy to our users and is intended for general, informational and educational purposes only. All information from this Site is subject to change without notice. Aobiome permits you to access and use the Site Content for personal, non-commercial purposes only.  You may not, however, copy any of the Site Content onto your own web server for any reason without our prior written permission.

B. The Site may contain links to third-party web sites that are not owned or controlled by Aobiome.  Aobiome has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites.  In addition, we are unable and unwilling to censor or edit the content of any third-party web site.  Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each web site that you visit.  If you decide to access any other web sites linked to our Site, you do so entirely at your own risk.

4. Site Access

A. Aobiome hereby grants to you a limited, personal, non-exclusive, fully revocable license to use and access the Site as set forth in these Terms of Use, provided that (except as permitted herein): (i) you will not distribute any part of the Site in any medium without our prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use or any legal notices, conditions or guidelines located within the Site.  You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Site.

B. You agree that you will not use the Site and the services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations, or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the Aobiome servers in a given period of time than humanly possible in the same period by using a web browser. 

You agree that Aobiome may, with or without cause, immediately terminate your access to the Site without prior notice.

5. Intellectual Property Rights

The content on the Site, including without limitation the material descriptions, FAQs, newsletters, bulletins, surveys, polls, literature, software, scripts, graphics, photos, interactive features, products, services and the like (“Site Content”) and the trademarks, service marks and logos contained therein, if any, (“Marks”), are owned by or licensed to Aobiome, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site.  Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Aobiome reserves all rights not expressly granted in and to the Site and the Site Content.  If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content.

6. Warranty Disclaimer

You agree that your use of the Site shall be at your sole risk.  To the fullest extent permitted by law, Aobiome, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.  Aobiome makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Site Content.  Aobiome does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Site or any hyperlinked web site.

7. Limitation of Liability

In no event shall Aobiome, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, or (iv) any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of your use of any Site Content, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Aobiome is advised of the possibility of such damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8. Indemnity

You agree to defend, indemnify and hold harmless Aobiome, its affiliates, and their respective officers, directors, managers, employees and agents (“Aobiome Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law.  This defense and indemnification obligation will survive these Terms of Use and your use of the Site.  You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Aobiome Indemnitees.

9. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aobiome without restriction.

10. Governing Law, Location, Entire Agreement

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Site. These Terms of Use and any other documents or policies referenced herein constitute the entire agreement between you and Aobiome regarding the use of the Site and the content and services provided on the Site, superseding any prior agreements between you and Aobiome relating to the subject matter hereof.

11. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Aobiome’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

12. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Site for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

13. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Aobiome are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions.  Aobiome shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

14. Privacy & Personal Information

There are times when you may choose to give us personally identifiable information about yourself. For example, you may wish to register for our mailing list or make purchases. If you register or conduct transactions through the Site, we will collect information about the transactions you engage in and your other activities. We need certain information from you to register you, authenticate you, process your entries and payments, contact you via phone or email, and send goods to you, as necessary.

Whenever you enter an area of the site that carries or requires you to enter sensitive information such as your credit card details, a padlock icon will appear in the address bar of your browser, indicating that the page is secure. Administrator uses the Secure Sockets Layer (SSL) security standards that are supported by popular browsers. SSL encodes your personal information by encrypting credit card number, name, address, phone number, identification number and your password so that they cannot be read by unauthorized parties. While we may provide encryption technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

We have put in place certain physical, technological and managerial procedures to safeguard the personally identifiable information we collect. However, these procedures do not guarantee that the information will remain secure against theft or misuse.

We may also collect non-personal information such as your IP address and use 'cookies' on the Site. The information obtained from collecting IP addresses and using 'cookies' is not personal information about you. For more information, please read the sections on IP addresses and cookies below.

We may collect information relating to your general location based on (1) information you manually provide, (2) the IP address of your computer, (3) Global Positioning System (GPS) information sent to us by your GPS-enabled device, and (4) the proximity of your laptop computer, mobile wireless device, personal digital assistant, personal communication system, or other communications device (your “Personal Communication Device”) to the nearest radio tower or cell site. 

Site Visitorship Data is information about the way a website is used that is not associated with an individual’s identity. We use anonymous data regarding online behavior to better understand how people use our Site. To that end, we may collect aggregated, anonymous online traffic behavior along with information from third parties to track usage trends and thereby improve the Site. We may also use and disclose this aggregated, anonymous information to develop reports that we may share with third party marketing partners and affiliates. The kind of information we may collect includes:

• the date and time you access the Services;
• your internet service provider, mobile carrier, or data services provider;
• your Internet Protocol (IP) address;
• the pages you visit;
• the products you purchase and review;
• the links you click;
• the features used;
• how and when you interact with the Services;
• the content, images and advertisements you select; and
• how you arrived at the Services and where you go when you leave.
• demographic information such as your age or gender.

We will not release any personal information to third parties without your consent except as follows:

(1) Anyone providing us their personally identifiable information grants us and our affiliates the right to use their information for the provision of Services to you and for the benefit of Administrator without restrictions for the purposes that include, without limitation, research, marketing, and content and lead development.  Administrator does not collect or disclose personally identifiable information that is unrelated to these purposes.  And if we wish to disclose personally identifiable information we have collected for purposes other than those stated in this Privacy Policy, we will ask for your consent to do so.

(2) We may share information we collect with our business partners. If we share your information, we will request that such third parties treat your information in accordance with this Privacy Policy and refrain from disclosing or using your personally identifiable information for purposes other than for the provision of Services to you or for the benefit of Administrator. 

(3) We may disclose information collected on this site, including personal information, to third parties as required or permitted by law. For example, we may disclose information:

• to regulators;
• to law enforcement authorities pursuant to an official request;
• to vendors who provide us with service; or
• to companies that may acquire part or all of Administrator or an affiliated company.

Other websites accessible through the Site (through hyperlinks or otherwise) have their own privacy policies and data collection, use and disclosure practices. Please consult their terms and conditions and privacy policies prior to use.

15. Questions; Comments

If you have any questions or comments on this Site or become aware of misuse of the Site by any person, please contact us at [add email address]or at the following address:

Aobiome LLC

One Broadway,
14th floor,
Cambridge,
MA 02142
e-mail: info@aobiome.com
telephone: +1.617.401.3190

16. Effective Date

These Terms of Use are effective as of July 30, 2013.