Terms and Conditions

INFORMATION ABOUT OUR TERMS OF USEThese Terms & Conditions ("Terms") are a legal contract between you and us and govern your use of the content on our website, www.symbiome.com ("Website"), or that we otherwise make available to you (including all the text, data, information, software, graphics, photographs and other content on our Website) ("Content") and as any services we may provide via our Website ("Services").READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ADDITIONALLY, YOU MAY ACCEPT THESE TERMS VIA ASSENT WITH A SEPARATE COMMUNICATION WITH US INCORPORATING THESE TERMS, IN WHICH INSTANCE THESE TERMS WILL GOVERN YOUR RELATIONSHIP WITH US AS WELL AS THE SUBJECT MATTER OF SUCH COMMUNICATION (WHICH WILL BE CONSIDERED "SERVICES").NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.CHANGES.We may alter the Content and Services we offer you and/or choose to modify, suspend, or discontinue this Website at any time and without notifying you. We may also change, update, add, or remove provisions (collectively, "modifications") of these Terms from time to time. Because everyone benefits from clarity, we will inform you of any modifications to these Terms by posting them on this Website. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your account registration.If you object to any such modifications, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

INFORMATION ABOUT OUR TERMS OF USEThese Terms & Conditions ("Terms") are a legal contract between you and us and govern your use of the content on our website, www.symbiome.com ("Website"), or that we otherwise make available to you (including all the text, data, information, software, graphics, photographs and other content on our Website) ("Content") and as any services we may provide via our Website ("Services").READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ADDITIONALLY, YOU MAY ACCEPT THESE TERMS VIA ASSENT WITH A SEPARATE COMMUNICATION WITH US INCORPORATING THESE TERMS, IN WHICH INSTANCE THESE TERMS WILL GOVERN YOUR RELATIONSHIP WITH US AS WELL AS THE SUBJECT MATTER OF SUCH COMMUNICATION (WHICH WILL BE CONSIDERED "SERVICES").NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.CHANGES.We may alter the Content and Services we offer you and/or choose to modify, suspend, or discontinue this Website at any time and without notifying you. We may also change, update, add, or remove provisions (collectively, "modifications") of these Terms from time to time. Because everyone benefits from clarity, we will inform you of any modifications to these Terms by posting them on this Website. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your account registration.If you object to any such modifications, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.We invite you to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy!In these Terms we are granting you a limited, personal, non-exclusive, and non-transferable license to use and to display the Content. Your right to use the Content is conditioned on your compliance with these Terms. You have no other rights in this Website or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit this Website or any of the Content in any manner. If you make copies of any of the Content while engaging in the Permitted Purposes, then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Content.Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies thereof).PRIVACY POLICY.We respect the information that you provide to us and want to be sure you consent to our use when necessary and fully understand exactly how we use that information. So, please review our Privacy Policy, which explains everything.

SUBMISSIONS.Certain areas of this Website may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). Alternatively, We may reach out either via email or social media (whether through direct messaging or otherwise) regarding the use of your social media content either on our Website or otherwise. To the extent that you agree to allow our use pursuant to the terms of such communication, such content shall be a User Submission subject to the terms set forth herein. You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.By submitting any User Submission, You are promising Us that:·You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;·You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;·Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;·You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;·Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;·Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);·Your User Submission is not, as determined in our sole discretion, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, threatening or harassing to any party, vulgar, pornographic, obscene, or invasive of another's privacy;·You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;·Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);·Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;·Your User Submission does not contain any information that is or may be confidential, proprietary, or personal; and·Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:·Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;·Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);·Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposesWe may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES.To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):·For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;·In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;·In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;·To stalk, harass, or harm another individual;·To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;·To interfere with or disrupt this Website or servers or networks connected to this Website;·To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or·Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.PROPRIETARY RIGHTS.Unless otherwise specified in these Terms, all Content, including the arrangement of them on this Website are our sole property, Copyright © 2019-2022. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.INTELLECTUAL PROPERTY INFRINGEMENT.We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone's intellectual property rights.Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to Our Agent for notice of claims of infringement:Attn: Symbiome DMCA AgentCC: hello@symbiome.comEmail: copyright@symbiome.comTo be sure the matter is handled immediately, Your written notice must:·Contain Your physical or electronic signature;·Identify the copyrighted work or other intellectual property alleged to have been infringed;·Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;·Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);·Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;·Contain a statement that the information in the written notice is accurate; and·Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.Submitting a DMCA Counter-NotificationWe will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:1. Your physical or electronic signature;2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.Termination of Repeat InfringersWe reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES.THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. we make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.LIMITATION OF LIABILITY.WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.LOCAL LAWS; EXPORT CONTROL.We control and operate this Website from our headquarters in the United States of America, this Website is intended for a U.S. audience only, and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.Please Read This Provision Carefully. It Affects Your Legal Rights.This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, "dispute" is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney's fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.Pre-Arbitration Claim ResolutionFor all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.Exclusions from Arbitration/Right to Opt OutNotwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-Out Deadline"). You may opt-out of this Provision by emailing us at info@symbiome.co the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.Arbitration ProceduresIf this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.Location of Arbitration – The location of the arbitration will be Delaware.Payment of Arbitration Fees and Costs –Each party is responsible for its own fees and costs of arbitration. If the arbitrator concludes that either party is the prevailing party in the arbitration, such party will be entitled to recover from the non-prevailing party its reasonable attorney's fees and costs as determined by the arbitrator.Class Action WaiverExcept as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.Jury WaiverYou understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.SeverabilityIf any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.ContinuationThis Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.

LANGUAGE.The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.GENERAL.We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in San Francisco County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.CALIFORNIA CONSUMER NOTICE.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by the Company, 953 Indiana Street San Francisco, CA 94107. If you have a question or complaint regarding the Website or Service, please contact Customer Service at hello@symbiome.co. you may also contact us by writing the Company, 800 Indiana Street, San Francisco, CA 94107. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.REFERRAL PROGRAM OR COMPLIMENTARY DELUXE MINI.Program is valid while supplies last. Limit one referral per completed purchase and per household. Friends or referees must be new customers (i.e. no previous purchases from Symbiome.com prior to being referred); exceptions include being subscribed to our newsletter or being part of our trial community. No promo code required. Symbiome reserves the right to modify or cancel an offer at any time without notice. Other restrictions may apply.CONTACT US.If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at hello@symbiome.com.