Terms of service
This website www.vellabio.com (the “Site”) is operated by Vella Bioscience, Inc (“Vella Bio”, “we,” “us,” and “our”). The use of our Site is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together with our Privacy Policy and any terms, conditions, or disclaimers provided in the pages of our Site. The Terms apply to all users of our Site, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content (the “Users”). If you access and use this Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.
Use of www.vellabio.com
By using the Site, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property, copyright and trademark laws, privacy law, or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems. If you provide us with any personal information, you authorize us to collect, use, and disclose such information in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending, or discontinuing any aspect of the Site and/or the products and services provided through the Site at any time, without notice. We may impose additional rules or limits on the use of our Site. We may notify our users of such updates by any reasonable means, including by posting the updated Terms and Privacy Policy to the Site. You agree to review these Terms regularly for any changes and your continued access or use of our Site will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Site or for any service, content, feature, or product offered through our Site. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
Products or Services
All purchases through our Site are subject to product availability. We may, at our sole discretion, limit or cancel the quantities offered on our Site or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Unless otherwise indicated, prices displayed on our Site are quoted in U.S. dollars and do not include the cost of shipping or eligible taxes. We reserve the right, at our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
Not Medical Advice
Information provided on the Site including without limitation information regarding product attributes is provided as general information. Information provided on the Site is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.
Intellectual Property
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title, and interest in the Site, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, site design, text, video, graphics, logos, images, and icons, as well as the arrangement thereof. You acknowledge that the Site contains proprietary content, information, and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in theses Terms, using the Site does not (1) give you any ownership of any intellectual property rights of our Site, or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit, or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, and/or communications regulations and statutes.
You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
Force Majeure
We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including and without limitation to mechanical, electronic or communication failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Links to Third-Party Websites
Links from or to websites outside of our Site are provided for convenience only. We do not review, endorse, approve, or control these websites and are not responsible for any websites linked from or to our Site, the content of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third-party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
Disclaimer and Limitation of Liability
You assume all responsibility, liability, and risk with respect to your use of our Site and any information and materials contained on the Site, which is provided “as is” without warranties, representations, or conditions of any kind, either expressed or implied, statutory, by usage of trade, dealing, or otherwise with regard to information accessed from or via our Site, including without limitation, all content and materials, and functions and services provided on our Site, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness, or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Site or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Site or the servers that make our Site available are free of viruses or other harmful components.
The use of our Site is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Site. We will not be liable for any damages of any kind related to the use of our Site. In no event will we, or our affiliates, or their respective content or service providers, or any of their respective directors, officers, agents, contractors, suppliers, or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Site, our products or any content or material or available on or through our Site, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Site, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless, and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to, or in connection with your use of our Site, including in connection with any products offered through our Site, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Site, or our products or services offered on our Site will be resolved in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our Site must be brought before the courts of the Commonwealth of Massachusetts and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
