Terms of Use

1. Acceptance of these terms

These Terms of Use and any supplemental terms presented to you in connection with a specific feature, program, quotation, order acknowledgement or service (collectively, the "Terms") constitute a legally binding agreement between you and PBS Biotech, Inc., a Delaware corporation with its principal place of business at 4721 Calle Carga, Camarillo, California 93012, United States ("PBS Biotech", "we", "us" or "our"), governing your access to and use of pbsbiotech.com, any successor or affiliated properties, the account areas, the resource library, calculators, configurators, forms, communications and any other content, software or functionality made available by us (collectively, the "Site").

By accessing the Site, creating an account, submitting a form, downloading any document or otherwise indicating assent, you acknowledge that you have read, understood and agree to be bound by the Terms, and you represent that you have the authority to bind any entity on whose behalf you act. The Privacy Policy and Cookie Policy describe our privacy and cookie practices and are separate from these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Site.

2. Eligibility and permitted users

The Site is intended for business and professional use by persons who are at least eighteen (18) years of age and who are acting in the course of their employment, research, education or profession. The Site is not directed to consumers, to children, or to any person in a jurisdiction where the provision of the Site would be contrary to applicable law. We reserve the right, in our sole discretion and without notice or liability, to refuse, restrict, suspend or terminate access to the Site or to any account, in whole or in part, for any reason or for no reason.

3. Accounts, credentials and accuracy of information

Certain areas of the Site require registration. You agree to provide accurate, current and complete information, including a valid business email address, and to maintain and promptly update that information. Accounts are personal to the individual registrant, are not transferable, and may not be shared. You are solely responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account, whether or not authorized by you, and you agree to notify us immediately of any suspected unauthorized use.

Our collection and use of personal information submitted through the Site are described in our Privacy Policy.

4. Personalization, profiling and automated content selection

The Site displays personalized content, including ranked resources, product suggestions, promotional banners, program and bundle recommendations, event invitations and other marketing material, selected automatically on the basis of information you provide, information derived from your interactions with the Site and communications, information provided by our service providers, and inferences drawn from any of the foregoing. Our collection and use of personal information for personalization are described in our Privacy Policy. Where required by applicable law, we will provide applicable choices or obtain consent.

Personalized output is provided for general informational and commercial purposes only. It does not constitute a recommendation with respect to your specific process, product, protocol, regulatory strategy or purchase decision, is not the result of an engineering or scientific evaluation of your circumstances, and must not be relied upon as such. We do not represent that personalized output is complete, current, accurate, suitable or free of error, and we disclaim any obligation to explain, justify or reproduce the basis on which any particular item is or is not surfaced to you.

Nothing in this Section limits any rights you may have under applicable law. See our Privacy Policy for information about privacy choices and how to contact us regarding personal information.

5. Third party services, processors and subprocessors

The Site may use or integrate third-party services, including customer relationship management and marketing platforms, website hosting and content delivery providers, analytics and measurement tools, form, survey and scheduling services, advertising platforms, payment and commerce services, identity and authentication tools, customer support systems, and artificial intelligence or machine learning services.

Your use of third-party sites, tools or features may be subject to additional terms provided by those third parties. We may add, change, replace or discontinue third-party services at any time. To the maximum extent permitted by law, PBS Biotech is not responsible for the availability, operation, terms or practices of third-party services.

We do not authorize the use of your confidential technical information for the training of third-party foundation models. If you voluntarily submit content into an integrated third-party feature, that content may be subject to the third party's terms applicable to that feature. You are responsible for reviewing those terms before submitting information you consider sensitive, proprietary or export controlled.

6. Content, intellectual property and limited license

The Site and all content made available through it, including text, documents, application notes, protocols, case studies, posters, figures, images, video, software, calculators, models, data, layouts, look and feel, trademarks, service marks, trade dress, logos and the marks PBS Biotech, Vertical-Wheel, MiniPRO and PBS Biotech product designations, are owned by PBS Biotech or its licensors and are protected by United States and international intellectual property laws. All rights not expressly granted are reserved.

Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site, and to download and print a reasonable number of copies of documents made available for download, solely for your internal, non-commercial evaluation and professional reference. You may not modify, translate, republish, distribute, sell, license, mirror, frame, scrape, data mine, index for a third party service, use for competitive analysis, or use to train, fine tune or evaluate any machine learning model, any part of the Site or its content, without our prior written consent.

7. Your submissions and feedback

You retain ownership of content you submit, but you grant PBS Biotech a worldwide, perpetual, irrevocable, royalty free, fully paid, sublicensable and transferable license to use, host, store, reproduce, modify, create derivative works from, publish and display such content for the purposes of operating the Site, providing support, responding to your inquiries, and improving our products, services and communications. You represent that you have all rights necessary to grant this license and that your submissions do not infringe any third party right or disclose any third party confidential information. This license does not apply to information expressly identified and accepted by PBS Biotech under a separate written confidentiality agreement.

Any suggestion, idea, enhancement request, benchmark, evaluation or other feedback you provide is provided voluntarily and non-confidentially and may be used by us for any purpose without restriction, attribution or compensation.

8. Acceptable use

You agree not to: access the Site by automated means except for search engine indexing we permit; circumvent authentication, rate limits or access controls; probe, scan or test the vulnerability of any system; interfere with or disrupt the Site; introduce malicious code; misrepresent your identity, affiliation or intent; use a competitor identity for the purpose of obtaining confidential commercial information; harvest contact details; use the Site to develop a competing product or service; or use the Site in violation of any applicable law, regulation, export control or sanctions program. 

Users should not submit proprietary manufacturing information, trade secrets, confidential development data, regulated information, export-controlled technical data, patient information, or protected health information through website forms unless expressly requested through an approved secure process.

9. Technical information, specifications and no professional advice

Technical content on the Site, including scale-up models, calculators, energy dissipation rate figures, working volume ranges, growth and viability data, protocols and application notes, is provided for general informational purposes, reflects specific experimental conditions that may differ materially from yours, and is subject to change without notice. Nothing on the Site constitutes medical, clinical, regulatory, legal, engineering or other professional advice, a warranty of performance, a guarantee of results, or a representation that any product is suitable for a particular therapeutic, diagnostic, clinical or manufacturing application.

You are solely responsible for evaluating and validating any product, process, protocol or result for your intended use, for compliance with applicable regulatory requirements, and for the safety and suitability of your own operations. Products are for research or manufacturing use as specified in the applicable product documentation and are not sold for direct administration to humans or animals.

10. Quotations, orders and separate agreements

Information on the Site, including product descriptions, availability, configurations, lead times and pricing, is subject to change without notice, may contain typographical or descriptive errors, and does not constitute an offer capable of acceptance. All sales, quotations, service engagements, process development work and evaluations are governed exclusively by the applicable PBS Biotech standard terms and conditions of sale or service, or a separately executed written agreement, which in the event of conflict with these Terms control with respect to their subject matter. Purchases made through our online store are additionally governed by the terms of that store.

11. Third party sites and links

The Site may link to or embed third party sites, content and services, including our online store, social media pages and video platforms. We provide such links for convenience only, we do not endorse, control, monitor or assume responsibility for third party content, and your use of any third party site or service is at your own risk and subject to that party terms and privacy practices.

12. Availability, changes and beta features

We may modify, suspend, discontinue or restrict the Site, any account area, any content and any feature, in whole or in part, at any time, with or without notice. Features may be offered on a trial, pilot or beta basis and may be changed or withdrawn at any time. We do not guarantee uninterrupted or error free operation, retention of any content, or that content will remain available for any period.

13. Disclaimer of warranties

THE SITE, ITS CONTENT, ANY PERSONALIZED OUTPUT AND ANY MATERIALS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PBS BIOTECH AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PBS BIOTECH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CELLS, MATERIALS, BATCHES, PRODUCTION TIME OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD 100) OR THE AMOUNT YOU PAID TO US FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, IN WHICH CASE THE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

15. Indemnification

You agree to defend, indemnify and hold harmless PBS Biotech and its affiliates, officers, directors, employees, agents, licensors and service providers from and against any claims, demands, actions, damages, losses, liabilities, fines, penalties, costs and expenses, including reasonable attorneys fees, arising out of or relating to your use of the Site, your submissions, your breach of these Terms, your violation of any law or third party right, or any use of your account credentials.

16. Governing law, arbitration and class action waiver

These Terms are governed by the laws of the State of California, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or relating to these Terms or the Site shall be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator, seated in Ventura County, California, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

To the maximum extent permitted by law, disputes shall be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property or confidential information. Any claim must be filed within one (1) year after it arises or it is permanently barred.

17. Export control and sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to United States embargo or sanctions, that you are not listed on any United States government restricted party list, and that you will not export, re-export, transfer or use any content, product or technical data in violation of applicable export control or sanctions laws.

18. Termination

We may suspend or terminate your account and access to the Site at any time, with or without cause and with or without notice. Upon termination the licenses granted to you cease immediately. Sections concerning submissions and feedback, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and miscellaneous survive termination.

19. Changes to these terms

We may revise these Terms at any time by posting an updated version with a revised effective date. Changes are effective upon posting unless otherwise stated. Your continued use of the Site after posting constitutes acceptance of the revised Terms. It is your responsibility to review the Terms periodically. If you do not agree to a revision, your sole remedy is to discontinue use and request deletion of your account.

20. Miscellaneous

These Terms constitute the entire agreement between you and PBS Biotech regarding the Site and supersede all prior understandings on that subject. If any provision is held unenforceable, it shall be modified to the minimum extent necessary and the remaining provisions shall remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with a merger, acquisition, reorganization or sale of assets, in which case your information may be transferred as part of the transaction. Neither party is liable for delay or failure due to causes beyond its reasonable control. The Site is not directed to persons in jurisdictions where its provision would be unlawful, and those who access it do so on their own initiative and are responsible for compliance with local law.

21. Contact and rights requests

Questions about these Terms of Use may be sent to:

PBS Biotech, Inc.

Attn: Legal

4721 Calle Carga

Camarillo, California 93012, United States

For questions about the collection, use or handling of personal information, or to submit a privacy request, please refer to our separate Privacy Policy.