Terms of Use

Biomimicry Institute Website Terms of Use

Last updated – 9.19.24

Welcome to this Biomimicry Institute website! The Biomimicry Institute (“we,” “us,” “our,” or “Biomimicry”) is a not‐for‐profit organization whose mission is to connect, enable, and amplify a rich community of disruptive innovators that are united by the inspiration from and understanding of nature (the “Purpose”). But before you use this site, please look carefully at this Terms of Use of Use agreement (“Terms of Use”). It is important that you read and understand the terms and conditions of these Terms of Use.

By signing up or otherwise using the Services (defined below), you agree to be bound by these Terms of

Use and you accept and agree to the use limitations contained herein. If you do not agree to these Terms

of Use , you may not use the Services.

By completing the one‐time donation form, you authorize the Biomimicry Institute to automatically

charge the submitted credit card one time.

By completing the monthly recurring donation form, you authorize the Biomimicry Institute to

automatically charge the submitted credit card monthly. Your contribution will renew automatically and

you may cancel at any time. To cancel please email donations@biomimicry.org.

By starting a Subscription, you agree to these Terms of Use, our Privacy Policy, that you are over 18, and

that Biomimicry will automatically continue your subscription and charge the subscription fee to your

Payment Method until you cancel. You may cancel at any time to avoid future charges. To immediately

cancel, go to Account Settings page to Account Information, Billing, and click “Cancel Subscription.” Or by

contacting us at media@biomimicry.org. You will not receive a refund for the fees You already paid for

Your current Subscription period and You will be able to access the Service until the end of Your current

Subscription period.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and

indemnification by you, and a class action waiver in Sections 2, 4‐8, 17, 18, 20, and 21. Please review

those sections (and all of the other terms) carefully.

1. Acceptance of Terms of Use.

(a) Biomimicry provides these websites biomimicry.org, asknature.org, youthchallenge.biomimicry.org,

d4t.biomimicry.org, and toolbox.biomimicry.org, the Subscription Services (defined below‐

Asknaturehive.biomimicry.org) and all Services‐related materials and services, including social media

accounts (collectively, the “Services“) subject to your compliance with these Terms of Use. These

affiliates, and its or their employees, contractors, and agents) (“you”) with respect to your use of the

Services.

(b) From time to time, Biomimicry may change these Terms of Use. Such revisions shall be effective

immediately; provided however, for existing members/subscribers, material revisions shall, unless

otherwise stated, be effective one month following notice to you. Your continued use of the Services

after such changes will indicate your acceptance of such changes.

part, to: (i) modify or discontinue the Services, with or without notice; (ii) charge or change fees in

connection with the use of the Services; (iii) modify and/or waive any fees charged in connection with

the Services; and/or (iv) offer opportunities to some or all users of the Services. For example, we

expect to charge a fee for access to premium products and services on the Services (such as access to

white papers, compiled market intelligence, or services offered by our partners) and to modify and/or

waive certain fees for certain groups of users (like academics or small businesses). You agree that

neither we nor any of our sponsors or affiliated companies shall be liable to you or to any third party

for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any

service, content, feature or product offered on or through the Services.

(d) Some of the materials and services available on the Services may be provided under additional posted

guidelines, rules, or terms and conditions, which are hereby incorporated by reference into these

and conditions.

2. Subscription.

(a) To access certain services, content, features, or products offered on or through the Services, such as

the Services’ collaborative tools, or the AskNature Hive (“Subscription Services”), you may be

required to subscribe and become a subscriber. We may offer several subscription plans, including

regular monthly and regular annual. We also at times offer discounted annual and free subscriptions.

(b) Your subscription will continue and automatically renew until terminated. To use the Subscription

Services you must have internet access and your own device and provide us with a current, valid,

accepted method of payment (“Payment Method”), as may be updated from time to time. You must

cancel your Subscription before it renews to avoid billing of the subscription fees for the next billing

cycle to your Payment Method (see “Cancellation” below).

to provide accurate, current, and complete information about yourself as prompted by our

registration form; and (iii) agree to maintain and update your information to keep it accurate, current,

and complete. Examples of information that we may ask you to provide include: your name, email

address, location, occupation, affiliation with the biomimicry community, and languages you speak.

To learn more about how we process Personal Information collected in this context, please review

our Privacy Policy. YOU ACKNOWLEDGE THAT IF ANY REPRESENTATION OR INFORMATION PROVIDED

BY YOU IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE, WE RESERVE THE RIGHT TO

TERMINATE YOUR USE OF THE SERVICES.

3. Billing and Cancellation.

(a) Billing Cycle. The subscription fee for the Subscription Services and any other charges you may incur

in connection with your use of the Subscription Services, such as taxes and possible transaction fees,

will be charged to your Payment Method on the specific payment date indicated under [Settings >

Account Information > Billing> Active Subscription]. The length of your billing cycle will depend on

the type of subscription plan that you choose when you signed up for the Subscription Services.

Subscription fees are fully earned upon payment. In some cases your payment date may change, for

example if your Payment Method has not successfully settled, when you change your subscription

plan, or if your paid subscription began on a day not contained in a given month. Go to [Settings >

Account Information> Billing >Subscription and click on the “Billing details” link to see your next

payment date]. We or our third‐party provider may authorize your Payment Method in anticipation of

subscription or service‐related charges through various methods, including authorizing it up to

approximately one month of service as soon as you register.

(b) Payment Methods. To use the Subscription Services, you must provide one or more Payment

Methods. You authorize us or our third‐party provider to charge any Payment Method associated with

your account in case your primary Payment Method is declined or no longer available to us for

payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment

is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel

your account, we may suspend your access to the Services until we have successfully charged a valid

Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign

transaction fees or other fees relating to the processing of your Payment Method. Check with your

Payment Method service provider for details.

Services by going to [Settings > Account Information > Billing> Saved Credit Cards]. Following

any update, you authorize us to continue to charge the applicable Payment Method(s).

(d) Cancellation. You may cancel your Subscription at any time, and you will continue to have access to

the Subscription Services through the end of your billing period. To cancel, go to [Settings > Account

Information > Billing > Cancel Subscription] and follow the instructions for cancellation. Or request

cancellation via an email media@biomimicry.org If you cancel your membership, your account will

automatically close at the end of your current billing period. To see when your account will close,

[Settings > Account Information > Billing >Subscription]

(e) Changes to Price and Subscription Plans. We may change our subscription plans and the price of our

Subscription Services from time to time. We will notify you at least one month before any price

changes or changes to your subscription plan will become effective. If you do not wish to accept the

price change or change to your subscription plan, you can cancel your Subscription before the change

takes effect.

(f) No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used

subscription periods. Following any cancellation, however, you will continue to have access to the

service through the end of your current billing period. At any time, and for any reason, we may provide

a refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount

and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.

The provision of Credits in one instance does not entitle you to Credits in the future for similar

instances, nor does it obligate us to provide Credits in the future, under any circumstance.

4. Subscription Services.

(a) Age Limit. You must be at least 18 years of age to become a Subscriber and use the Subscription

Services. Individuals under the age of 18 may only utilize the Services with the involvement of a parent

or legal guardian, under such person’s account and supervision, and otherwise subject to these Terms

of Use.

(b) Profile Names. As part of the registration process, you will be asked to select a username (at times

your email) and password. We may refuse to grant you a username that impersonates someone else,

is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or

otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

subscription account. By allowing others to access the account, you agree that such individuals are

acting on your behalf and that you are bound by any changes that they may make to the account,

including but not limited to changes to the subscription plan. To help maintain control over the account

and prevent any unauthorized users from accessing the account, you should maintain control over the

devices that are used to access the Services and not reveal the password or details of the Payment

Method associated with the account to anyone. You agree to provide and maintain accurate

information relating to your account, including a valid email address so we can send you account‐related

notices. We can terminate your account or place your account on hold to protect you, Biomimicry, or

our partners from identity theft or other fraudulent, illegal, or malicious activity. Biomimicry is not

obligated to credit or discount a subscription for holds placed on the account by either a representative

of Biomimicry or by the automated processes of Biomimicry. You will be responsible for the

confidentiality and use of your username and password and agree not to transfer or resell your use

of or access to the Services to any third party. If you have reason to believe that your account with us

is no longer secure, you must immediately notify us of the problem by emailing us at

media@biomimicry.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY

OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED

THROUGH YOUR ACCOUNT.

(d) Communication Preferences. We will send you information relating to your Subscription account (e.g.

payment authorizations, invoices, changes in password or Payment Method, confirmation messages,

notices) in electronic form only, for example via emails to your email address provided during

registration. You agree that any notices, agreements, disclosures, or other communications that we

send to you electronically will satisfy any legal communication requirements, including that such

communications be in writing.

5. Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies,

or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or

update information if any information in the Services or is inaccurate at any time without prior notice

(including after you have submitted your registration).

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICES,

INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified

update or refresh date applied in the Services, should be taken to indicate that all information in the

Services has been modified or updated.

6. Code of Conduct.

We envision the Services as an online source of information for and about the biomimicry community. To

maintain that habitat, we require our users and members to comply with the rules of conduct set forth in

these Terms of Use. Accordingly, your use of the Services and/or Materials is conditioned on your

compliance with such rules. While using the Services and/or Materials, you agree not to:

 Restrict or inhibit any other visitor or member from using the Services (for example, by means of

“hacking” or defacing any portion of the Services);

 Use the Services or Materials for any unlawful or fraudulent purposes;

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 Express or imply that any statements you make or products you provide are endorsed by us,

without our prior written consent;

 Upload to, transmit through, or display on the Services (a) any content or information that is

unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise

objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any

confidential, private information, proprietary information, or trade secret of any third party; or

other unsolicited commercial communication (except as otherwise expressly permitted by us);

 Engage in spamming or flooding;

 Transmit any software or other materials that contain any viruses, worms, trojan horses, defects,

date bombs, time bombs, or other items of a destructive nature;

 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion

of the Services or Materials;

 Remove any copyright, trademark or other proprietary rights notices contained in the Services or

Materials;

 “Frame” or “mirror” all or any part of the Services without our prior written authorization;

 Use any robot, spider, site search/retrieval application or other manual or automatic device or

process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational

structure, taxonomy, or presentation of the Services, its contents, or the Materials;

 Harvest or collect information about Services visitors or members without their express consent;

 Violate any applicable laws or regulations.

We may terminate your access to and use of the Services immediately if you fail to comply with the above

rules of conduct.

A possibility exists that the Services, Materials, or Forums could include inaccuracies or errors, or

information or materials that violate these Terms of Use (specifically, the Code of Conduct above).

Additionally, a possibility exists that unauthorized alterations could be made by third parties to the

Services, Materials, or Forums. Although we attempt to ensure the integrity of the Services, WE MAKE NO

GUARANTEES AS TO THE SERVICES’ COMPLETENESS OR CORRECTNESS. If a situation arises in which the

Services’ completeness or correctness is in question, please contact us at media@biomimicry.org with, if

possible, a description of the material to be checked and the location (URL) where such material can be

found on the Services, as well as information sufficient to enable us to contact you. We will try to address

your concerns as soon as reasonably practicable.

7. Materials.

(a) You understand that all information and materials (such as data, text, descriptions, comments,

feedback, suggestions, graphics, images, audio and video clips, logos, and links) provided through the

Services (collectively, the “Materials”) are the sole property of the person from whom such Materials

originated, which may be us, you, a Services user, or other third party.

(b) If you upload or submit Materials to the Services (“User Materials”), except for any personal

information we may collect from you pursuant to our Privacy Policy, User Materials will be considered

non‐confidential and non‐proprietary. You understand that whether such User Materials are

published or posted, Biomimicry (1) does not guarantee any confidentiality with respect to any User

Materials, (2) does not pay any compensation for User Materials, and (3) is under no obligation to

respond to or post any User Materials.

submitting, or publishing them. You agree to pay for all royalties, fees, and other payments owed to

any party by reason of your transmitting, posting, or submitting User Materials. BIOMIMICRY DOES

NOT ENDORSE ANY USER MATERIALS OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED

THEREIN, AND BIOMIMICRY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER

MATERIALS.

(d) You understand that when using the Services, you will be exposed to User Materials from a variety

of sources, and that Biomimicry is not responsible for the accuracy, usefulness, safety, or intellectual

property rights of or relating to such User Materials. You further understand and acknowledge that

you may be exposed to User Materials that are inaccurate, offensive, indecent, or objectionable,

and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR

REMEDIES YOU HAVE OR MAY HAVE AGAINST BIOMIMICRY WITH RESPECT TO USER MATERIALS,

AND AGREE TO INDEMNIFY AND HOLD BIOMIMICRY, HARMLESS TO THE FULLEST EXTENT ALLOWED

BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

(e) Biomimicry does not claim ownership of any of User Materials. However, by submitting the User

Materials to Biomimicry, you hereby grant Biomimicry and its successors, assigns, and affiliates a

worldwide, non‐exclusive, royalty‐free, perpetual, irrevocable, sublicenseable (through multiple

tiers) and transferable right and license to use, reproduce, distribute, prepare derivative works of,

display, publish, broadcast, perform, make, use, import, offer to sell, sell, code, watermark, train our

models, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property

rights in the User Materials in connection with the Services and Biomimicry’s (and its successors’,

assigns’, and affiliates’) business, including without limitation for promoting and redistributing part

or all of the Services (and derivative works thereof) in any form and media formats and through any

media channels. Unless otherwise specified on the Services or in a separate written agreement, you

also hereby grant each user of the Services a worldwide, non‐exclusive, royalty‐free license to access

your User Materials through the Service, and to use, reproduce, distribute, prepare derivative works

of, display, and perform such User Materials as permitted through the functionality of the Services

and under these Terms of Use.

(f) You may not copy, reproduce, republish, download, upload, post, transmit, distribute, modify, or

otherwise use any of the Materials except as expressly authorized by the owner of such Materials,

whether in these Terms of Use or in a separate written agreement. Unless otherwise specified on the

Services or in a separate written agreement, you may download Materials displayed on the Services,

and may use the downloaded Materials, solely for the Purpose. If you download Materials, such

downloads or copies are subject to these Terms of Use, and you must retain all copyright and other

proprietary notices on downloaded Materials unless otherwise specified on the Services or in a

separate written agreement. Use or downloading of the Materials is conditioned on your acceptance

of the terms and conditions of any license agreements relating to such Materials, including

agreements of third parties. By downloading or using the Materials, you agree to such terms and

conditions.

8. Forums.

(a) We (and our designees) may host user profiles, message boards for your comments, and similar

forums found on the Services, (collectively, “Forums”), but we have no obligation to monitor the

Services or the Forums, or any Materials that you or other third parties transmit or post on the

Services or the Forums. You acknowledge and agree that we have the right (but not the obligation) to

monitor the Services, the Forums, and the Materials you transmit or post; to alter or remove any such

Materials; to disclose such Materials and the circumstances surrounding their transmission to any

third party in order to operate the Services properly; to protect ourselves, our sponsors, our members,

and our visitors; and to comply with legal obligations or governmental requests.

(b) You acknowledge that a large volume of information is available in our Forums and that people

participating in such Forums occasionally post messages or make statements, whether intentionally

or unintentionally, that are inaccurate, misleading, or deceptive. WE NEITHER ENDORSE NOR ARE

RESPONSIBLE FOR SUCH MESSAGES OR STATEMENTS, OR FOR ANY OPINION, ADVICE, INFORMATION

OR OTHER UTTERANCE MADE OR DISPLAYED ON THE SERVICES OR FORUMS THAT IS NOT PROPERLY

ATTRIBUTABLE TO US. The opinions expressed in the Forums reflect solely the opinion(s) of the

participants and may not reflect our opinion(s).

HYPERLINKS EMBEDDED IN MESSAGES OR FOR ANY RESULTS OBTAINED FROM THE USE OF SUCH

INFORMATION. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, SPONSORS, SUPPLIERS OR

AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SUCH INFORMATION

OBTAINED THROUGH THE SERVICES.

9. Donations.

If you wish to give back to the biomimicry community by providing us with a donation via the donation

services available on the Services, we or a third‐party provider will ask you to supply certain information

applicable to your donation, such as credit card and other information. You understand that any such

information will be treated by us in the manner described in our Privacy Policy. You agree that all

information that you provide to us or such third‐party provider will be accurate, current, and complete.

You agree to pay all charges incurred by you or any users of your account and credit card (or other

applicable payment mechanism) at the amount specified when such charges are incurred. You will also be

responsible for paying any applicable taxes, if any.

10. Third‐Party Products, Websites and Links.

The Services may reference certain third‐party products or services that we believe further the Purpose

of the Services; however, DESCRIPTIONS OR IMAGES OF, OR REFERENCES TO, PRODUCTS OR SERVICES ON

THE SERVICES DO NOT IMPLY OUR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. In addition, the

Services may contain links to other Internet websites, including affiliated websites which may or may not

be owned or operated by us. We have not reviewed all of the websites that are linked to the Services, and

we may have no control over such sites. Unless otherwise explicitly stated, we are not responsible for the

content of such websites, any updates or changes to such sites, or the privacy or other practices of such

sites, and the fact that we offer such links does not indicate any approval or endorsement of any material

contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we

strongly suggest that you become familiar with the terms of use and practices of any linked site. It is up

to you to take precautions to ensure that whatever links you select or software you download (whether

from the Services or other sites) is free of such items as viruses, worms, trojan horses, defects, date

bombs, time bombs and other items of a destructive nature.

11. Notice and Procedure for Making Claims of Intellectual Property Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who

believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you

believe in good faith that materials hosted by us infringe your copyright (for example, materials posted

on one of our Forums), you (or your agent) are requested to immediately contact Biomimicry’s Copyright

Agent as described below. To report any alleged infringement, please contact us in writing by providing a

signed statement containing the following information pursuant to the DMCA:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted

works located on the Services are covered by a single notification, a representative list of such works);

information reasonably sufficient to allow us to locate the material on the Services, including a

description of the infringing material, the URL where such material is located on the Services, or a

description of where on our Services you found such material;

(d) the name, address, telephone number and email address (if available) of the complaining party;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the

complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly

infringed.

Please send your notice of alleged infringement to us at:

The Biomimicry Institute

PO Box 9216

Missoula, MT, USA 59807

E‐mail: DMCAAgent@biomimicry.org, subject line “DMCA Notice”

In accordance with the DMCA, it is the policy of Biomimicry to terminate use of our Services by repeat

infringers in appropriate circumstances.

If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the

DMCA permits you to send us a counter‐notice. Notices and counter‐notices must meet the then‐current

statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter‐notices with respect to the Services should be sent to the notice address provided

above, subject line “DMCA Dispute.”

We suggest that you consult your legal advisor before filing a notice or counter‐notice. Also, be aware

that there can be penalties for false claims under the DMCA.

12. Trademarks and Celebrity Material

(a) Biomimicry responds to complaints that Materials or User Materials infringe trademarks or celebrity

material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual

appearance of a product or its packaging.

(b) Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means

that they may have a right to control commercial uses of their name, image, likeness, and other

aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a

celebrity name or likeness on the Services and you do not have the celebrity’s permission.

Services, please submit a notification of infringement to our agent listed in Section 11 above.

(d) To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the

trademark owner or celebrity.

(e) When submitting a notification of trademark or trade dress infringement, provide a copy of the

relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please

also provide the location on the Services where you believe the infringement is occurring.

13. Ownership of the Services and Trademarks.

(a) The Services are owned and operated by us in conjunction with others pursuant to contractual

arrangements, and the Materials and their selection, compilation, collection, arrangement, and

assembly are protected by U.S. and international copyright, trademark, and other laws. You

acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire

any further ownership rights by using the Services or the Materials.

(b) The trademarks, logos, and service marks (including without limitation ASKNATURE and THE

BIOMIMICRY INSTITUTE, and any associated logos) displayed on the Services (collectively the

“Trademarks”) are the registered and unregistered trademarks of The Biomimicry Institute and its

affiliates, licensors, sponsors, suppliers, and others. The Trademarks, whether registered or

unregistered, may not be used in connection with any product or service that is not ours, in any

manner that is likely to cause confusion, or in any manner that disparages us. Nothing contained on

the Services should be construed as granting, by implication, estoppel or otherwise, any license or

right to use any Trademark without the express written permission of us, our licensors or sponsors,

or the third‐party owner of any such Trademark. Misuse of Trademarks is prohibited, and we will

aggressively enforce our intellectual property rights in such Trademarks, including via civil and

criminal proceedings.

14. Access By Minors.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections

(such as computer hardware, software, or filtering services) are commercially available that may assist

you in limiting access to material that is harmful to minors. Information identifying current providers of

such protections is available on the Internet by searching “parental control protection,” including on the

website of GetNetWise (https://www.getnetwise.org).

15. Jurisdictional Issues.

The Services are directed to individuals residing in the United States. We make no representation that

Materials available on or through the Services are appropriate or available for use in other locations.

Those who choose to access the Services from other locations do so on their own initiative and at their

own risk and are responsible for compliance with applicable local laws. The Materials are further subject

to United States export controls. No Materials may be downloaded or otherwise exported or re‐exported

(a) into (or to a national or resident of) Iran, North Korea, Sudan, and Syria, or any other country to which

the U.S. has embargoed goods or designated as supporting terrorist activities; or (b) to anyone on the U.S.

Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce

Department’s Table of Deny Orders, or other list of individuals and organizations prohibited from receiving

U.S. exports. By downloading or using any Materials, you represent and warrant that you are not located

in, under the control of, or a national or resident of any such country or on any such list. We reserve the

right to limit the availability of the Services and/or the provision of any service or other product described

thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit

the quantities of any such service or other product that we provide.

16. Termination.

These Terms of Use shall remain effective until terminated in accordance with their terms. Either party

may terminate these Terms of Use immediately upon notice to the other party. In addition, we reserve

the right to immediately terminate these Terms of Use, and/or your access to and use of the Services or

any portion thereof, at any time and for any reason, with or without cause. Upon termination of these

all Materials obtained from the Services and all copies thereof, whether made under these Terms of Use

or otherwise.

17. Disclaimers.

THE SERVICES, THE MATERIALS ON THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR

IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR

AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT,

ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY

WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF

TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may

not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND

AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR

SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE

SERVICES IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE

THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL CONNECTIVITY, COMPUTER

HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES

RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND

YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS,

SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE

SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND ANY

MATERIALS PROVIDED THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE

SERVICES. BIOMIMICRY DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND

TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY

INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE

ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT BIOMIMICRY IS NOT

LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

18. Limitation of Liability.

NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, DONORS, OR

SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER

REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR

LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT

LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR

MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE ACCESSED

THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS OR

ANY LINKED SITE IS TO STOP USING THE SERVICES, MATERIALS OR LINKED SITE, AS APPLICABLE. OUR SOLE

AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN

CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL

AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES FOR ONE YEAR. Some states do not allow the

exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may

not apply to you.

19. Indemnification.

You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors,

and our and their directors, officers, employees, consultants, agents and other representatives, harmless

from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and

other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use,

including any violation of the Code of Conduct above; (b) any allegation that any User Materials you

submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade

secret or other intellectual property or other rights of any third party; and/or (c) your activities in

connection with the Services.

20. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT BIOMIMICRY HAS OFFERED ITS SERVICES, SET ITS PRICES, AND

ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE

LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE

LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK

BETWEEN YOU AND BIOMIMICRY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND

BIOMIMICRY. BIOMIMICRY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN

ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

21. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND

NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS,

CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND

CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

22. Questions.

The Services are provided by The Biomimicry Institute. If you have any questions, comments or complaints

regarding these Terms of Use or the Services, feel free to contact us at: The Biomimicry Institute, PO Box

9216, Missoula, MT, USA 59807, or media@biomimicry.org.

23. Miscellaneous.

These Terms of Use are governed by and construed in accordance with the laws of the State of Montana,

United States of America, without regard to its principles of conflicts of law. You agree to submit to the

exclusive jurisdiction of any State or Federal court located in Missoula County, Montana, United States of

America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any

provision of these Terms of Use is found to 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. This is the entire Agreement between us relating to the subject

matter herein and supersedes all prior or contemporaneous written or oral agreements between us with

respect to such subject matter. These Terms of Use are not assignable, transferable, or sublicensable by

you except with our prior written consent. No waiver by either party of any breach or default hereunder

shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption

or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way

defines or explains any section or provision hereof.