3D BioLabs, LLC
Terms of Use
Effective Date: April 7, 2023
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3D BioLabs, LLC (“3D BioLabs,” "we," "our," or "us") owns and/or operates this website located at 3dbiolabs.com (together with any other websites and/or online services owned and/or operated by 3D BioLabs, the "Site"). The Site is provided by 3D BioLabs to the person accessing the Site ("you" or "your").
1. You Agree to These Terms by Using the Site
Your access to, and use of, the Site is subject to the following terms of use set forth below, 3D BioLabs’ Privacy Policy website located at 3dbiolabs.com, and all applicable laws and regulations (collectively, these “Terms of Use”).
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PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU UNDERSTAND AND INTEND THE TERMS OF USE TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF PORTION OF THE SITE.
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We may modify or update these Terms of Use from time to time. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms of Use. When we change these Terms of Use in a material manner, we will notify you by posting an announcement on the Site. Your continued use of the Site after any change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, you may not use or access (or continue to access) the Site.
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2. Permitted Use of the Site; Termination of Access
3D BioLabs hereby grants to you, subject to the terms and conditions of these Terms of Use, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site solely for your personal, noncommercial use, subject to the limitations set forth below.
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Except as specifically permitted herein or expressly authorized in writing by 3D BioLabs, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Site, including any text, graphics, downloads, tools or other content from the Site (collectively “Content”) in any unauthorized manner; or (b) transmit, adapt, create derivative works of, translate, localize, port or otherwise modify the Site or Content, any updates, or any part thereof in any form or manner or by any means. You understand and agree that you are not permitted to remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included on the Site or otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of 3D BioLabs and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
3D BioLabs reserves the right at any time and for any reason to deny you access to the Site or any Content or other portion thereof, and to terminate this agreement. Termination will be effective without notice. 3D BioLabs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or any Content or other information or services provided in connection with the Site, with or without notice.
You agree that 3D BioLabs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any Content, product, or service available through the Site. Furthermore, you acknowledge that 3D BioLabs reserves the right to take action – technical, legal or otherwise – to block your ability to access the Site, or any Content, product or service available through the Site. You understand that 3D BioLabs may exercise this right in its sole discretion and this right shall be in addition to any other rights and remedies available to 3D BioLabs. All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including the provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
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3. Intellectual Property Rights
The Site and all materials and Content thereon or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “3D BioLabs Content”), and all intellectual property rights related thereto, are the exclusive property of 3D BioLabs and its licensors. Except as explicitly provided herein, nothing in these Terms of Use will be deemed to create any interest or license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any 3D BioLabs Content. Use of the 3D BioLabs Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited. “3D BIOLABS,” and other Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of 3D BioLabs or its licensors in the U.S. and/or other countries (collectively, the “3D BioLabs Marks”). The 3D BioLabs Marks may not be used in connection with any product or service without the prior written consent of 3D BioLabs. You may not use the 3D BioLabs Marks in connection with any product or service in any manner that is likely to cause confusion or create the impression that 3D BioLabs endorses any product or service. The Site may also include the trademarks of third parties. Such third-party designations are the trademarks of their respective owners and may not be used without the prior written permission of their respective owners.
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4. No Medical Advice Provided
The Site and its Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
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5. Submission of Information
The Site is not intended to and does not enable users to post to the Site. However, users may contact us directly through our “Contact Us” page. Except as expressly stated and agreed upon in advance by 3D BioLabs, no confidential relationship shall be established in the event that you should make any oral, written or electronic communication or submission to 3D BioLabs such as feedback, questions, comments, suggestions, and ideas (“User Submissions”), and any such User Submissions shall be deemed to include, and you hereby grant to Company, a royalty-free, perpetual, irrevocable, nonexclusive right and license for 3D BioLabs to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such User Submission (for any purposes whatsoever including, without limitation, the research and development of our products and technology) without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Submission. You expressly acknowledge and agree that you waive any claim to the contrary, and to be fully responsible for the content of such User Submission, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights. 3D BioLabs may, but will not be obligated to, use and/or provide any author attributions related to, any such User Submission. Any use of such User Submissions by 3D BioLabs will be subject to 3D BioLabs’ Privacy Policy.
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6. Disclaimer – Warranty
THE SITE, AND ALL CONTENT, DATA, INFORMATION, MATERIALS AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3D BIOLABS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
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3D BioLabs does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components.
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[The Site may contain forward-looking statements that reflect 3D BioLabs’ current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. 3D BioLabs intends to update the Site on a regular basis but assumes no obligation to update any of the content.]
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7. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or our Privacy Policy or any activity related to access to the Site (including negligent or wrongful conduct) by you or, if applicable, any other person accessing the Site using your account, including, without limitation, any User Submissions submitted through your account.
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8. Limitations of Liability
YOUR USE OF THE SITE AND ALL CONTENT IS AT YOUR OWN RISK. NEITHER 3D BIOLABS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ITS CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit certain limitations or exclusions on warranties, and as such, these limitations and exclusions do not purport to limit liability that cannot be excluded under the law in your usual place of residence.
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9. Links to Other Websites
3D BioLabs may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by 3D BioLabs and are maintained by third parties over which 3D BioLabs exercises no control. Accordingly, 3D BioLabs expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
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10. Copyright Complaints
3D BioLabs respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by 3D BioLabs infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
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a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
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identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
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information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
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a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
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a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices described above should be sent to Janet LaChance, 3D BioLabs Designated Agent, to the address set forth in the Contact Us section below.
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
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11. Law and Jurisdiction
These Terms of Use and your access to and use of the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions. The courts of general jurisdiction located within Delaware County, PA will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
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12. Miscellaneous
These Terms of Use and any other agreements, rules, and policies incorporated by reference into these Terms of Use, including 3D BioLabs’ Privacy Policy, constitutes the entire agreement between you and 3D BioLabs. No waiver of any provision of these Terms of Use by 3D BioLabs shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are not assignable, transferable, or sublicensable by you except with 3D BioLabs’ prior written consent. 3D BioLabs may assign its rights and duties under these Terms of Use to any party at any time without notice to you. No joint venture, partnership, employment, or agency relationship exists between you and 3D BioLabs as a result of the Terms of Use or use of the Site.
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CONTACT US
If you have any questions about these Terms of Use, please contact us at
3D BioLabs, LLC
285 Wilmington West Chester Pike
Chadds Ford, PA 19317