Terms of Service

Effective Date: June 3, 2026

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, INCLUDING PRIVACY-RELATED CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW.

1. Introduction

Please review this page carefully. These Terms of Service (“Terms” or “Agreement”) constitute a legal contract between you and OmniAb, Inc. (“OmniAb, Inc.,” “OmniAb,” “Company,” “we,” “us” or “our”) and govern your access to and use of the https://www.omniab.com/ and https://investors.omniab.com/ websites and their subdomains (collectively, the “Website” or “Site”), and all portals, products, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site or Services, you agree to these Terms. These Terms form a contract between you and OmniAb, and if you are using the Site or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Services. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.

From time to time, OmniAb may decide to modify, add, or delete portions of these Terms and will post those changes here. If OmniAb does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, OmniAb reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.

2. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

3. Additional Terms and Conditions

In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

4. Consent to Electronic Communications

By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that OmniAb sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

5. Third Party Websites

The Site may contain links to third party websites that take you outside of the OmniAb websites and/or the Services (“Linked Sites”), including social media platforms such as LinkedIn and X, webinars, journal articles or other publications, cloud storage or collaboration tools, third-party integrations or plug-ins, developer documentation sites, analytics dashboards, training or knowledge base platforms or other websites or online services operated by third parties or authorized vendors or partners. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

References on the Site to partners, collaborators, customers, suppliers, academic institutions, publications, research programs, targets, or third-party products or services are provided for informational purposes only. Such references do not necessarily imply endorsement, sponsorship, affiliation, validation, or recommendation by OmniAb or by the applicable third party, except where expressly stated. Certain names, logos, publications, data, and materials appearing on the Site may be owned by third parties and remain subject to their respective rights holders.

6. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Use any manual or automated process to extract, aggregate, or reproduce content from the Site for commercial purposes, competitive analysis, training of artificial intelligence or machine learning models, or any other purpose not expressly authorized by OmniAb;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or the Services;
Collect or store personal data about other users of the Site or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity conducted on the Site or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to OmniAb’s or its users’ computers or systems;
Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
Violate, or encourage any conduct that would violate, any applicable law or regulation;
Engage in fraud or misuse of the Services;
Cause damage, embarrassment or adverse publicity to OmniAb; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.

7. Accuracy of Content – Informational Only

OmniAb has taken care in the preparation of the content made available on this Site, however, the Site is provided for general informational purposes only, and descriptions may vary by configuration, jurisdiction, or regulatory status. Certain technologies, products or services may not be available in all regions or for all intended uses.

To the extent permitted by applicable law, OmniAb makes no representations or warranties, express or implied, regarding the accuracy, completeness or currency of the information presented on the Site and disclaims all liability for any loss or damage arising from reliance on such information.

The Site does not constitute an offer to sell, solicit an offer to buy, or enable the purchase of any technology, product or Service. All information provided on the Site is non-binding and for informational purposes only. Any purchase or licensing of OmniAb technologies, products or services must be completed through a separate process and is subject to a written agreement, order confirmation, or other formal documentation executed by OmniAb. No contract for the sale or licensing of any technology, product or service is formed unless and until OmniAb expressly agrees in writing to such arrangement.

8. Investor Information; No Offer or Investment Advice

The Site may include information relating to OmniAb’s business, financial performance, strategy, press releases, presentations, filings, and other investor relations materials. Such information is provided for general informational purposes only and does not constitute an offer to sell, or a solicitation of an offer to buy, any securities, nor does it constitute investment, legal, accounting, or tax advice. Nothing on the Site should be relied upon in connection with any investment decision.

The Site may contain forward-looking statements within the meaning of applicable securities laws. Forward-looking statements are subject to risks, uncertainties, and assumptions, and actual results may differ materially from those expressed or implied in such statements. Investors should review OmniAb’s filings with the U.S. Securities and Exchange Commission, including the risk factors described therein, before making any investment decision. To the extent of any inconsistency between information posted on the Site and OmniAb’s official SEC filings, the applicable SEC filing will control.

9. Regulatory Status and Intended Use

Technologies, products, or services described on this Site are subject to applicable regulatory requirements and may not be approved, cleared, or available for sale or use in all jurisdictions. Product or technology indications for use, features, and specifications may vary by country or region and are subject to change based on regulatory approvals, clearances, or other requirements. Nothing on this Site should be construed as a representation that any technology, product, service or clinical trial is approved or cleared for a particular use in any jurisdiction unless expressly stated in the applicable product labeling or regulatory documentation. The technologies, products and/or services described on this Site are intended for use by qualified professionals only and must be used in accordance with applicable disclaimers and regulatory approvals.

For clarity, portions of the Site may describe discovery platforms, screening capabilities, research services, candidate identification activities, and related scientific or technical matters. Unless expressly stated otherwise in applicable labeling, regulatory documentation, or a separate written agreement, such descriptions are provided only to describe OmniAb’s research, discovery, and development capabilities and do not constitute a representation or warranty that any antibody, target-binding protein, candidate, output, result, technology, or service is safe, effective, clinically validated, approved, commercially available, or suitable for any particular use.

10.No Medical Advice or Clinical Guidance

The information provided on this Site is for general informational purposes only and is not intended to constitute medical advice, clinical guidance, diagnosis, treatment recommendations, or instructions for use of applicable technologies. Product and service information on the Site is not a substitute for professional medical judgment, training, or experience, and should not be relied upon by patients or healthcare providers in making clinical decisions. Healthcare professionals and researchers must refer to the applicable instructions for use, and other official documentation when evaluating or using any OmniAb technology or service.

11.Product Safety Communications; Adverse Events; Product Complaints

The Site is not intended for use in reporting adverse events, product complaints, urgent medical matters, or other time-sensitive safety information. If you believe you have experienced an adverse event, product quality issue, or other safety-related concern involving an OmniAb technology, product, service, or program, you should promptly contact the appropriate healthcare provider or researcher and use the contact channels specifically designated by OmniAb for such reports, where applicable.

If you choose to provide OmniAb with information relating to an adverse event, product complaint, medical inquiry, safety issue, or quality concern, OmniAb may use and disclose that information as necessary to investigate the matter; comply with legal, regulatory, safety, pharmacovigilance, quality, audit, reporting, and recordkeeping obligations; contact you for follow-up information; and protect the rights, safety, and property of OmniAb, its partners, patients, healthcare professionals, and others.

12.Requests for Information / Use of Site

To sign up for our mailing list or to request additional information, technology, product or service descriptions, or other related information, you may be required to provide certain information, including your name, title, institution or organization, address, email address, country, and phone number. Any information you submit is subject to our Privacy Policy.

You agree to provide information that is accurate, current, and complete at the time of submission. You may use the Site and any information provided to you through the Site solely for lawful purposes. You may not use the Site or our Services to engage in fraudulent, deceptive, or unlawful conduct, or in any manner that could give rise to civil and criminal liability.

13.Submitted Materials

Please note that the transmission of confidential, sensitive, privileged, trade secret, and/or financial information via email is not secure. Any confidential or personal information requested by OmniAb should be submitted securely, via a secure file transfer protocol (FTPS) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, OmniAb does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the Site). Without limiting the foregoing, unless expressly requested by OmniAb through a designated secure channel, you must not submit through the Site any patient information, protected health information, clinical trial subject data, biological sample data, sensitive medical information, export-controlled technical data, controlled unclassified information, third-party confidential information, or other information subject to special legal, regulatory, contractual, or confidentiality restrictions.

If you send such information to OmniAb through the Site or other non-designated channels, you do so at your own risk, and OmniAb may delete, refuse to process, or take other appropriate action with respect to such information. You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”).

Accordingly, if you send us any Submitted Material, you grant OmniAb a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send OmniAb any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send OmniAb any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize OmniAb to use Submitted Material as permitted by the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party’s right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.

Since OmniAb does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will OmniAb be liable in any way for Submitted Material made available through the Site or social media by you or any third party.

14.Intellectual Property

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, OmniAb or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with OmniAb.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until OmniAb gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Company name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without OmniAb’s prior written approval.

For permission to use Content from the Site or from marketing material authored and distributed by OmniAb, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].

15.Claims of Infringement

OmniAb respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, OmniAb will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. OmniAb will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OmniAb Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to OmniAb’s Designated Copyright Agent:

Suite 600

Emeryville, CA 94608

While OmniAb considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

16.Export Control

Software, technology, and related technical data made available through the Site or Services (“Software or Technical Data”) may be subject to U.S. export control laws and regulations, including the Export Control Reform Act of 2018 (50 U.S.C. §§ 4801–4852), the Export Administration Regulations (“EAR,” 15 C.F.R. Parts 730–774), and applicable sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You are responsible for complying with all applicable export, re-export, and import control laws and regulations.

You agree not to export, re-export, release, or transfer any Software or Technical Data, directly or indirectly, to (a) any country or region subject to comprehensive U.S. embargoes or sanctions; (b) any person or entity listed on the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) Denied Persons List or Entity List, or on OFAC’s Specially Designated Nationals (“SDN”) List; or (c) any end user for any prohibited end use under U.S. export laws.

You further represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to U.S. embargoes or sanctions, and that no U.S. government agency has suspended, revoked, or denied your export privileges.

17.Indemnification

You agree to defend, indemnify, and hold harmless OmniAb, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site, or any other use of the Site or the Services using your computer, mobile device, or account credentials.

18.Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, OMNIAB DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19.Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL OMNIAB (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF OMNIAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OMNIAB’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $1000. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OMNIAB’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIAB DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

20.Release

If you have a dispute with us or one or more users of the Site or the Services, you release OmniAb (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

21.Statute of Limitations

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22.Termination

OmniAb reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site or by notifying us in writing if you have an Account with us (subject to the terms of your agreement). OmniAb also reserves the right, in its sole discretion, to cease providing the Site or Services at any time.

23.Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

24.Applicable Law; Jurisdiction/Venue

These Terms will be governed by the Federal Arbitration Act, applicable federal laws and the laws of the State of California, as applicable, without regard to any conflict of laws principles. By using the Site, you waive any claims that may arise under the laws of other countries or territories.

25.Dispute Resolution; Class Action and Jury Trial Waiver

ARBITRATION NOTICE: These Terms require binding individual arbitration of certain disputes, including privacy-related claims arising from your access to or use of this Site, and waive the right to participate in class actions or jury trials.

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, claims arising from or relating to website tracking technologies, analytics tools, pixels, session replay, cookies, communications, or data collection practices), OmniAb and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and OmniAb do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demandmediation under the supervision of JAMS (“JAMS”) in Alameda County, California. Participation in mediation is a condition precedent to arbitration; however, failure to complete mediation shall not waive either party’s right to arbitrate.

If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Alameda County, California. The arbitration may be conducted in person or remotely. The seat of arbitration shall be Alameda County, California, regardless of whether the hearing is conducted remotely. The expenses of the arbitration will be shared equally by the parties, unless applicable law or the arbitrator requires a different allocation. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and OmniAb understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Judgment on the arbitrator’s award may be entered, and the award may be enforced, in any state or federal court located in Alameda County, California having jurisdiction.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor OmniAb will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be unenforceable as to a particular claim, then that claim shall be severed and proceed in court, and the remaining claims shall be arbitrated on an individual basis.

Administrative Coordination of Related Individual Arbitrations. Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party may request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under California law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim.

Bellwether Process. If ten (10) or more similar arbitration demands are filed by the same counsel or coordinated counsel, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.

These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.

No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above.

To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year in an arbitration proceeding, regardless of any statute or law to the contrary. The limitation period shall be tolled during any required informal negotiation or mediation process. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that OmniAb is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and OmniAb understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Alameda County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

26.General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. OmniAb may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and OmniAb. OmniAb does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. OmniAb’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms set forth the entire understanding and agreement between you and OmniAb with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Prohibited Conduct; Accuracy of Content; Regulatory Status and Intended Use; No Medical Advice or Clinical Guidance; Product Safety Communications; Requests for Information / Use of Site; Submitted Materials; Intellectual Property; Claims of Infringement; Indemnification; Disclaimers; Limitation of Liabilities; Release; Statute of Limitations; Severability; Applicable Law; Jurisdiction/Venue; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

27.ADA Compliance Comments and Suggestions

We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

28.Contact Us

If you have questions about these Terms or the Services, you may contact us as follows:

OmniAb, Inc.
5980 Horton Street

Suite 600

Emeryville, CA 94608

Email: [email protected]