TERMS OF USE

Terms of Use

Revised July 26, 2017

Thank you for visiting the Bigfoot Biomedical website, https://www.bigfootbiomedical.com ("Website"), which is hosted and operated by Bigfoot Biomedical, Inc. (“Bigfoot,” “we,” “us”). Our Website describes our work to design and eventually bring to market simpler, safer, and more effective solutions for optimizing insulin delivery.

By visiting the Website, you are agreeing to the following Terms of Use. These Terms are in effect as of the date shown above and may have changed since the last time you visited. By using the Website, you accept these Terms of Use in full. Please read these Terms carefully before you use the Website. If you disagree with any part of these Terms, you may not use this Website.

Reservation of Rights. Bigfoot reserves all rights to this Website except those that we specifically give you in these Terms of Use.

Changes to Terms of Use or Website. We reserve the right to change this Terms of Use, in which event we will post the changes on this page. Your use of the Website after such changes are posted will mean that you accept such changes. We may discontinue or alter the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

No Medical Advice. Information provided on this Website is intended to provide insight into future business plans and news regarding our research and development and is not intended to be medical advice to you or any other person. You understand that you should always consult your medical provider about your health and medical questions and never rely on this or any other website to make medical decisions.

Privacy. For more information concerning what information we collect and what we do with such information, see our Privacy Policy (which terms and conditions are incorporated into this Terms of Use by reference). We may obtain and release any information if we believe, correctly or not, that such release is necessary to comply with law, to enforce this Agreement or the Privacy Policy, or to safeguard our property or rights. Additionally, by using this Website, you consent to Bigfoot’s use of cookies as stated in our Privacy Policy.

Contacting Bigfoot. The Website includes portals and instructions for you to contact Bigfoot and/or to provide information to Bigfoot via surveys. By contacting Bigfoot using our Website, information found on our Website or by responding to a survey, you agree that you will not disclose to Bigfoot any confidential information, regardless of whether that confidential information is owned by you or a third party. Please be careful to not share sensitive information, which may be viewed by both Bigfoot employees and trusted third parties. Any information you provide to Bigfoot through the Website, via a survey, or through any other means shall be and remain the exclusive property of Bigfoot. This includes, but is not limited to, information posted to any public areas of the Website, any ideas for new products or modifications to existing products, and other submissions (collectively, "Submitted Information"). All such Submitted Information shall be deemed to be non-confidential and Bigfoot shall be free to reproduce, use, disclose, and distribute such Submitted Information to others without limitation or attribution.

Intellectual Property. Bigfoot owns, or licenses from a Third Party, the copyright and other intellectual property for the Content of the Website. “Content” includes all text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, algorithms, software, data, messages, posts, information and other materials appearing on the Website. You may view, access, download, use and print (if applicable) the Content for your personal, non-commercial use, provided you retain all copyright and other intellectual property and proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Bigfoot and the limited rights granted to you are revocable at any time, with or without notice to you.

Trademarks, service marks, and logos ("Marks") used and displayed on our Website are our registered and/or unregistered Marks in the United States of America and elsewhere, and nothing on or in this Terms of Use should be construed as granting any license or right to use any Marks without our express prior written permission specifically for each use. Other product and company names mentioned herein may be service marks, trademarks, or registered service marks or registered trademarks of their respective owners.

DMCA (17 U.S.C. § 512) take-down notices should go to:
Bigfoot Biomedical, Inc.
Attention: Legal
1561 Buckeye Dr.
Milpitas, CA 95035
(408) 514-4414
gshipsides@bigfootbiomedical.com

Restrictions on Use. In no event may you sell, transfer, assign, license, sublicense, or modify the Content or display, reproduce, perform, broadcast, modify, adapt, translate, make a derivative version of, sell, distribute, or otherwise use the Content in any way for any public or commercial purpose or provide it to any public or commercial website. You may not decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code or object code underlying the Website, or to otherwise use or access the Website for any unlawful purpose. You may not use the Website in any way that could overburden, damage or disable the Website and/or impair or interfere with other’s use of the Website. Deep linking, framing, and the use or posting of the Content on any other Website, web-based communication channel, or in a network or similar environment permitting use or access by multiple users at the same time or for any purpose are expressly prohibited.

This Website is intended for adult use in the United States of America. No information should be submitted to Bigfoot using the Website or a Survey by users under 18 years of age without the consent of their parent or legal guardian. Additionally, children under the age of 13 are not permitted to use this Website or to answer Surveys.

Links to Other Sites. The Website and Content may include links to other websites operated by third parties. We provide the links solely for convenience and reference and not because we endorse the content of anyone else’s website. We cannot guarantee the accuracy of any information or materials on other websites.

Warranty Disclaimer. While we try to keep the Content on the Website accurate as possible, we cannot and do not guarantee the reliability, accuracy, completeness, or appropriateness of any information of Content on the Website (including links to other websites operated by third parties). In particular, this Website includes forward-looking statements regarding our plans offering medical services and products in the future that are based on our current expectations and assumption, which may be subject to risks and uncertainties beyond Bigfoot’s control. Accordingly, performance or achievements of Bigfoot may (negatively or positively) vary materially from those described explicitly or implicitly in the relevant forward-looking statement. Bigfoot neither intends, nor assumes any obligation, to update or revise these forward-looking statements in light of developments which differ from those anticipated.

The information and Content on the Site is provided AS IS WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability. We are not liable for any delay, inaccuracy, error or omission with respect to the Website or the transmission or delivery of all or any part of it, or for any damage or results that arise from your use of the Website. You agree the limitations of liability and the warranty disclaimers above will protect Bigfoot’s officers, employers, agents, subsidiaries, successors, assigns, and sub-contractors as well as Bigfoot.

Governing Law and Forum for Disputes. The existence of the Website and the fact that you can access it from anywhere is not intended and should not be construed to mean that we are conducting business in all states of the United States of America. Neither do we consent or submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Delaware. By using our Website, you are agreeing that any claim or action arising directly or indirectly from the use of the Website will be construed in all respects under the laws of the State of Delaware, exclusive of its choice of law or conflict of laws provisions.

Contact information. You may direct questions or concerns about these Terms of Use or any Content on the Website to info@bigfootbiomedical.com or in writing to:

Bigfoot Biomedical, Inc.
Attention: Legal
1561 Buckeye Dr.
Milpitas, CA 95035

MISCELLANEOUS. This Terms of Use constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import.