This document governs your use of the uBiome service and the uBiome website, including how we treat your sample. This document affects your legal rights, including limiting your damages if you sue us, so please read it carefully.
uBiome Services and the uBiome website are provided by uBiome, Inc. (“uBiome”), whose principal place of business is at 1700 Fourth Street #219 San Francisco CA 94158.
These Terms of Service are for www.ubiome.com, register.ubiome.com, other websites operated by uBiome as well as mobile applications provided by uBiome. We are committed to providing you a secure, user-controlled environment for the use of our Services. At the same time, you share responsibility for maintaining privacy and security - for example, by keeping your password secure.
Your use of uBiome's Services (excluding any services provided by uBiome under a separate agreement) is subject to the terms of the legal agreement between you and uBiome set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a sample for Microbiome Analysis and processing, b) uploading a digital version of your Microbiome Information and interacting with it on the uBiome website, and/or c) creating and using a free uBiome account without providing your sample or Microbiome Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by uBiome for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that uBiome will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular uBiome Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. uBiome also may offer other services from time to time that are governed by different terms of service.
The Services include access to the uBiome public website and personal services, including the collection and analysis of your sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of Microbiome research and technology in use by uBiome at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, uBiome is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which uBiome provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that uBiome may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at uBiome's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform uBiome when you stop using the Services unless you are requesting closure of your account. uBiome assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while uBiome may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by uBiome at any time, at uBiome's discretion.
Once you obtain your sample data, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as Microbiome research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your sample data in the context of such advances, you may need to obtain further services from uBiome or from your physician or other health care provider.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or. These outcomes could have social, legal, or economic implications.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your sample does not contain a sufficient material, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, uBiome will reprocess the same sample at no charge to the user. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
You should not change your health behaviors solely on the basis of information from uBiome. Make sure to discuss your sample data with a physician or other health care provider before you act upon the sample data resulting from uBiome Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated Microbiome risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through uBiome, you should contact your physician or other health care provider.
Microbiome research is not comprehensive. While we measure many hundreds of thousands of data points from your microbiome, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about the microbiome, and an important mission of uBiome is to conduct and contribute to this research. In addition, many ethnic groups are not included in Microbiome studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your microbiome. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Microbiome Information you share with others could be used against your interests. You should be careful about sharing your Microbiome Information with others. Currently, very few businesses or insurance companies request microbiome information, but this could change in the future. You may want to consult a lawyer to understand the extent of legal protection of your Microbiome Information before you share it with anybody.
Furthermore, Microbiome Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Microbiome Information that you share with family, friends or employers may be used against your interests. Even if you share Microbiome Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Microbiome Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
uBiome Services are for research, informational, and educational use only. We do not provide medical advice. The Microbiome Information provided by uBiome is for research, informational, and educational use only. This means two things. First, many of the discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of Microbiome knowledge in health care, we invite all genotyped users to participate in uBiome Research. Participation in such research is voluntary and based upon an IRB-approved consent document. As a result of the current state of Microbiome knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
uBiome does not recommend or endorse any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. As explained on our website, uBiome believes that (a) Microbiomes is only part of the picture of any individual's state of being, (b) the state of the understanding of Microbiome Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of Microbiomes, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your Microbiomes as well as your current symptoms, if any. Reliance on any information provided by uBiome, uBiome employees, others appearing on our website at the invitation of uBiome, or other visitors to our website is solely at your own risk.
The samples collected of your mocrobiome are may contain human material, but are not tested or processed to detect or analyze human material, and are treated accordingly.
By accessing uBiome Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations uBiome has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify uBiome and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if uBiome has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, uBiome has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access uBiome's website through your username and password, you will defend and indemnify uBiome and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify uBiome of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. uBiome cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by uBiome for any Service; or by (2) actually using the Services.
You acknowledge and agree that uBiome has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the uBiome Services, website, or other systems. If you have given consent for your Microbiome Information and Self-Reported Information to be used in uBiome Research as described in the applicable Consent Document, we may include your information in the Aggregated Microbiome Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. uBiome may also include your information in Aggregated Microbiome and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. uBiome will never release your individual-level Microbiome Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that uBiome is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that uBiome may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the uBiome TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of uBiome, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, uBiome may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not uBiome, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original uBiome Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by uBiome and/or the sponsors who provide that content to uBiome (or by other persons or companies on their behalf). uBiome grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the uBiome website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © uBiome, Inc. 2012-2013. All rights reserved; distributed pursuant to a Limited License from uBiome; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by uBiome or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to uBiome that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with uBiome, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of uBiome or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with uBiome; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that uBiome has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which uBiome may suffer) of any such breach. In case of breach of any one of these agreements uBiome has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify uBiome and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or uBiome has a reasonable ground to suspect that you have violated the terms of this Section, uBiome has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access uBiome's Services online.
uBiome will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-uBiome content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will uBiome be liable in any way for any non-uBiome content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that uBiome and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, uBiome and its designees shall have the right to remove any content that violates the TOS or is deemed by uBiome, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content. uBiome does not claim ownership of the User Content you provide to uBiome (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give uBiome, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for uBiome to make such User Content available to other companies, organizations, or individuals with whom uBiome has relationships, and to use such User Content in connection with the provision of those services.
You understand that uBiome, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit uBiome to take these actions. You represent and warrant to uBiome that you have all the rights, power, and authority necessary to grant the above license.
Microbiome and/or Self-Reported Information. Disclosure of individual-level Microbiome and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that uBiome cannot control any further distribution of Microbiome and/or Self-Reported Information that you share publicly on the uBiome website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that uBiome has no obligation to do so on your behalf.
Your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Microbiome Information derived from your sample remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from uBiome as a result of having your Microbiome Information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Microbiome and Self-Reported Information shared with research partners, including commercial partners.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Microbiome Information processed, accessing your Microbiome Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by uBiome or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Microbiome Information or Self-Reported Information.
You agree to defend and hold uBiome, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you have submitted a sample or otherwise provided your own Microbiome Information, you will defend and hold harmless uBiome, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your sample and/or analyzing your Microbiome Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Microbiome and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless uBiome, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Microbiome and/or Self-Reported Information.
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and uBiome, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You acknowledge that uBiome may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on uBiome's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that uBiome has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Microbiome Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that uBiome reserves the right to change these general practices and limits in its sole discretion.
uBiome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that uBiome shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from uBiome. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit uBiome to deliver these to you) as part of your use of the Services.
You acknowledge that uBiome may offer different or additional technologies or features to collect and/or interpret Microbiome Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Microbiome Information without fee, and that you will have to pay additional fees in order to have your Microbiome Information collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or uBiome as set out in this Section.
If you want to terminate your legal agreement with uBiome, you may do so by notifying uBiome at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to uBiome's address, which is set out at the beginning of the TOS, or online via Customer Care. If you provide notice online, uBiome will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
uBiome may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) uBiome is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom uBiome offered the Services to you has terminated its relationship with uBiome or ceased to offer the Services to you; (4) uBiome is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by uBiome is, in uBiome's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that uBiome shall not be liable to you or any third party for any termination of your access to the Services.
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and uBiome have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding uBiome Services); 6.(Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(uBiome Privacy Statement); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to uBiome - Your Proprietary Rights); 14.(Indemnity); 15.(No resale of Services);18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and uBiome Website); 22.(uBiome Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of TOS); and 28.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that uBiome shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because uBiome has no control over such sites and resources, you acknowledge and agree that uBiome is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that uBiome shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
You acknowledge and agree that uBiome (or uBiome's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by uBiome and that you shall not disclose such information without uBiome's prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by uBiome, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of uBiome and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
uBiome, Inc., uBiome, and other uBiome logos and product and service names are trademarks of uBiome and these marks together with any other uBiome trade names, service marks, logos, domain names, and other distinctive brand features are the "uBiome Marks". Unless you have agreed otherwise in writing with uBiome, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any uBiome Marks and you agree not to display, or use in any manner, uBiome Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by uBiome, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, uBiome grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by uBiome, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by uBiome, in the manner permitted by the TOS. Unless uBiome has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by uBiome for use in accessing the Service. Any rights not expressly granted herein are reserved.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. uBiome EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) uBiome MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM uBiome OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. uBiome DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, uBiome SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT uBiome SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF uBiome HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. uBiome may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at: uBiome, Inc. ATTN: uBiome General Counsel, 1700 4th St, San Francisco, CA 94158.
Additionally, uBiome accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
uBiome may make changes to the TOS from time to time. When these changes are made, uBiome will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, uBiome will treat your use as acceptance of the updated TOS.
If you violate the terms of these TOS and/or uBiome has a reasonable ground to suspect that you have violated the terms of these TOS, uBiome has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).