Mirel: Privacy & Legal

DISCLAIMERS

The information contained on this website is believed to be reliable, but no representations, guarantees, or warranties of any kind are made as to its accuracy or the suitability of any material described in this website for particular applications. Information regarding Mirel™ bioplastics is based on laboratory work with small-scale equipment and does not necessarily indicate end product performance. Customers assume all risk and liability for any use or handling of any material beyond the direct control of Telles, LLC (“Telles”) or Metabolix, Inc. (“Metabolix”). Telles and Metabolix make NO WARRANTIES, EXPRESS OR IMPLIED, and INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Telles’s and Metabolix’s responsibility for damages arising from any claim for breach of warranty, negligence, or otherwise shall not include consequential, special, or incidental damages, and is limited to the purchase price of material purchased from Telles or Metabolix, respectively.

None of the statements made on this website shall be construed as a grant, either express or implied, of any license under any patent held by Metabolix, Telles, or other parties. Customers are responsible for obtaining any licenses or other rights that may be necessary to make, use, or sell products containing Telles materials.

The statements made herein regarding the environmental attributes of Telles products are based on U.S. regulatory guidelines published as of May 1, 2009. Customers assume all final responsibility for the environmental claims, labeling, and support of their products. Customers should consult their legal counsel to determine whether their labels for finished products are in compliance with applicable laws and regulations.

Terms and Conditions of Website Use

Please read the following terms and conditions of use carefully. Your use of this website is subject to, and constitutes acceptance of, the conditions included in this notice.

General. This website is provided by Metabolix, Inc. (“Metabolix”) for the convenience of visitors to the website. Nothing on this website should be construed as an offer to form a binding contract, or as granting any license or transfer of copyright, trademark, patent, or other intellectual property. Your use of this site is at your own risk.

Dated Information. The information presented on this website is or was current as of the “Last Revised” date below. Metabolix makes no representation or warranty as to the accuracy of any information on this website and expressly disclaims any obligation to update such information.

Forward-Looking Statements. This website contains “forward-looking statements” within the meaning of 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements relate to our future plans, objectives, expectations, and intentions, and may be identified by words such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “intends,” “believes,” and the like. Although we believe that our expectations are based on reasonable assumptions within the bounds of our knowledge of our business and operations, the forward-looking statements contained on this website are neither promises nor guarantees. Our business is subject to significant risk and uncertainties, and there can be no assurance that our actual results will not differ materially from our expectations. Factors which could cause actual results to differ materially from the expectations set forth in our forward-looking statements include, among others: (1) we may not be successful at manufacturing Mirel on a commercial scale in a timely and economical manner; (2) we may not be successful in the development of commercial formulations of Mirel; (3) we may be unable to develop manufacturing capacity sufficient to meet demand in an economical manner or at all; (4) we may not achieve market acceptance of our products; (5) we have limited marketing and sales experience and capabilities; (6) our success will be influenced by the price of petroleum relative to corn sugar; (7) we may lose key personnel or be unable to attract and retain necessary talent; (8) we may be unable to develop or commercialize our products; (9) we may not be able to obtain rights to intellectual property developed by others using our information and technology; (10) intellectual property protection for our products is important and uncertain; (11) a substantial portion of the technology used in our business is owned by or subject to retained rights of third parties; (12) third parties may claim that we infringe their intellectual property; (13) we may be unable to manage our growth effectively; (14) we may not be successful in identifying market needs for new technologies and developing new products to meet those needs; (15) our products may be, or may be perceived as being, harmful to human health or the environment; (16) we face and will face substantial competition in several different markets; (17) we are subject to significant foreign and domestic government regulations, including environmental and health and safety regulations, and compliance or failure to comply with these regulations could harm our business; (18) we may not have adequate insurance and may have substantial exposure to payment of product liability claims; and (19) each segment of our operations is currently conducted at a single location, which makes us susceptible to disruptions and other risks listed in the Metabolix reports filed with the SEC and available through the Metabolix website at www.Metabolix.com. We disclaim any obligation to update the information contained on this website as new data becomes available.

Copyright. This website, and the information which it contains, is the property of Metabolix. You may download and use content from this site (e.g., text, photos, and information conveyed therein) for personal, non-commercial use only. You may not, however, distribute, modify, transmit, reuse, repost, or use any of such materials for public or commercial purposes without Metabolix’s express written permission. All copyright and other proprietary notices contained in downloaded materials must be retained. Furthermore, your use of this site indicates that you accept the following terms:

You will not modify the documents or graphics;
You will not copy or distribute graphics separate from their accompanying text; and
You will not quote materials out of their context.

Trademarks. The trademarks and logos displayed on this website are trademarks of Metabolix or Telles, except as otherwise noted. In particular, METABOLIX and the four-leaf design are trademarks of Metabolix, and TELLES, MIREL, and the heartleaf design are trademarks of Telles. The ADM logo is a registered trademark of Archer Daniels Midland Company.

Privacy. Metabolix respects the privacy of visitors to our website. You may visit our website without telling us anything about yourself. We do not collect or maintain personally identifiable information for resale purposes. However, any communication or material that you transmit to or through this site by electronic mail or otherwise, including any data, questions, comments, suggestions, and the like, is, and will be treated as, non-confidential and nonproprietary information. Metabolix may use such communication or material, including any ideas, concepts, know-how, or techniques contained in any communication, for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting.

No Warranties. Your use of this website and any linked websites is at your own risk. Neither Metabolix nor any other party involved in creating, producing, or delivering this website shall be liable for any direct, indirect, incidental, or consequential damages arising out of your access to, or use of, this website or any linked website. This includes damage due to viruses or other harmful or malicious code that may infect your computer equipment. Without limiting the foregoing, EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusion may not apply to you.

Third-Party Links. This website contains links to websites maintained by other organizations. Metabolix is providing these links to you only as a convenience. The inclusion of any link does not imply that Metabolix endorses any third-party website or third-party company or product. Metabolix does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites. Anyone linking to this site must comply with the guidelines provided below and with all applicable laws. A site that links to Metabolix's site:

May be made to the home page only, without deleting any frames or our URL address;
May link to, but not replicate, Metabolix content;
May not create a browser or border environment around Metabolix content;
May not imply that Metabolix is endorsing it or its products;
May not misrepresent its relationship with Metabolix;
May not present false information about Metabolix products or services;
May not use the Metabolix logo without permission from Metabolix; and
May not contain content that could be construed as distasteful, offensive or controversial.

Applicable Law. This website can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Massachusetts, where Metabolix is located. By accessing this website, you and Metabolix agree that the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this website or any information it contains. With respect to such disputes, you and Metabolix also agree and hereby submit to the exclusive personal jurisdiction and venue of any court located in Boston, Massachusetts.

Changes to this Notice. Metabolix may revise these terms at any time without prior notice. You are bound by any such revisions and should, therefore, visit this page each time you access this website to review the then-current conditions applicable to your use of this website.