In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by actually using the Services. Therefore, you acknowledge and agree that uBiota will treat your use of the Services as acceptance of the Terms from that point onwards. If you do not accept the Terms, you should not use the Services, or if the Terms have changed and you do not accept the changes, you should cease using the Services.
uBiota analyzes microbial communities in Samples provided by researchers or collected by us. Experiments used in the analysis may include sequencing of the ribosomal genes found in nucleic acids we extract from the Sample, full metagenomic (DNA) or transcriptomic (RNA) sequencing, and an analysis of the metabolites and proteins in the Sample. Data generated from these experiments are processed and analyzed using bioinformatics. The results of the ribosomal sequencing analysis may include a quantification of known taxa present in the Sample as well as operational taxonomic units. Other types of data, e.g. metabolomics, proteomics, whole metagenome and transcriptome sequencing will be analyzed as agreed with the contracting researcher on a case-by-case-basis. The result of the testing and analysis are made available on the uBiota website. The raw data pertaining to a Sample can be downloaded by the researcher as well.
uBiota Services have not been submitted to the U.S. Food and Drug Administration ("FDA") for evaluation and have not been approved by the FDA. The Services are not intended to diagnose, predict, treat, cure, or otherwise mitigate any disease or medical condition.
uBiota Services are for research, informational, and educational use only. We do not provide medical advice. The Microbiota Information provided by uBiota is for research, informational, and educational use only. This means many of the discoveries that we report have not been clinically validated. The Services are not intended to be used by the customer for any diagnostic purpose or health decision 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.
By accessing uBiota Services, you agree, acknowledge, warrant 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 and warranties. If you breach any of these representations or warranties, uBiota has the right to suspend or terminate your account and to refuse any and all current or future use of the Services (or any portion thereof), and you will defend, indemnify and hold uBiota and its affiliates harmless against any liability, costs, or damages arising out of the breach.
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 Services; and (b) maintain and promptly update your 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 uBiota has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, uBiota 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).
When registering or when you have purchased our Services, you will create a password and account designation (i.e., a user name). 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 uBiota's website through your username and password, you will defend, indemnify and hold uBiota and its affiliates harmless against any liability, costs, or damages, including attorney fees, arising out of claims or suits by any third parties based upon or relating to such access and use. You agree to (a) immediately notify uBiota of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you properly log out and exit from your account at the end of each session. uBiota cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
uBiota will not, at all times, control the User Content posted by you or other users via the Services and, therefore, does not guarantee the accuracy, integrity, or quality of such non-uBiota content. You understand that by using the Services, you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will uBiota be liable in any way for any non-uBiota content or content that we create based on Self-Reported Sample-Associated Information, 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 uBiota 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, uBiota and its designees shall have the right to remove any content that violates the Terms or is deemed by uBiota, 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.
Microbiota and/or Self-Reported Sample-Associated Information. uBiota will not disclose individual-level Microbiota and/or Self-Reported Sample-Associated Information to third parties without explicit consent, unless required by law. Note that uBiota cannot control any further distribution of Microbiota and/or Self-Reported Sample-Associated Information that you share publicly on the uBiota website. You acknowledge and agree that you are responsible for protecting and enforcing your personal and intellectual property rights and that uBiota has no obligation to do so on your behalf.
Feedback. Any feedback, suggestions or recommendations that you provide to uBiota will be considered non-confidential and non-proprietary and may be used by uBiota without any compensation to you.
As a condition of your use of the Services, you warrant to uBiota that:
You acknowledge and agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which uBiota may suffer) of any such breach. If you breach the Terms, uBiota has the right to suspend or terminate your account and to refuse any and all current or future use of the Services (or any portion thereof), and you will defend and indemnify uBiota and its affiliates against any liability, costs, or damages arising out of the breach.
You agree to indemnify, defend and hold uBiota, 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 Services; your use of the Services; your connection to the Services; your violation of the Terms; or your violation of any rights of another.
You acknowledge that uBiota 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 uBiota'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 uBiota 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 Microbiota Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that uBiota reserves the right to change these general practices and limits in its sole discretion.
uBiota 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 (i) modifications may result in a delay in computations for some of the uBiota features or Services, and (ii) uBiota 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 uBiota. 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 uBiota to deliver these to you) as part of your use of the Services.
You acknowledge that uBiota may offer different or additional technologies or features to collect and/or interpret Microbiota Information in the future and that your initial purchase of the Services does not entitle you to any different or additional technologies or features for collection or interpretation of your Microbiota Information without a fee, and that you will have to pay additional fees in order to have your Microbiota Information collected, processed, and/or interpreted using any future or additional technologies or features.
The Terms will continue to apply until terminated by either you or uBiota as set out in this Section.
If you want to terminate your legal agreement with uBiota, you may do so at any time by closing your account on the uBiota website. To prevent malicious denial of access to your account and destruction of your data, email verification will be required. uBiota will send you an email asking you to confirm your request, and your account will be closed following receipt of a second email confirmation from you. Closing your account will entail removing access to all of the Services that you use. When you close your account you have the option to have any or all you data and information removed from uBiota’s servers and products, upon written notice to uBiota.
uBiota may, at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (a) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (b) uBiota is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) uBiota 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 (d) the provision of the Services to you by uBiota is, in uBiota's sole 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 uBiota shall not be liable to you or any third party for any termination of your access to the Services.
Your correspondence or business dealings with--or participation in promotions of—third party 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 uBiota 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 in the Services.
The Services provide, and third parties may provide, links to other sites and resources on the Internet and researcher and/or users may share information/data through other websites (e.g. Facebook, Twitter, etc.). Because uBiota has no control over such sites and resources, you acknowledge and agree that uBiota 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 uBiota 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 uBiota owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) 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 uBiota and that you shall not disclose such information without uBiota's prior written consent.
The term "uBiota" and uBiota logos and product and service names are trademarks of uBiota and these marks together with any other uBiota trade names, service marks, logos, domain names, and other distinctive brand features are the "uBiota Marks". Unless you have agreed otherwise in writing with uBiota, nothing in the Terms gives you a right to use any uBiota Marks and you agree not to display, or use in any manner, uBiota Marks. The names of third party products and companies mentioned in the Service or uBiota website are the property of their respective owners and may also be trademarks.
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 uBiota, 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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN SOLE RISK. THE SERVICES, AND ANY RELATED CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. UBIOTA HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
UBIOTA 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; OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. UBIOTA DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, UBIOTA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY UBIOTA WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IN NO EVENT SHALL UBIOTA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (c) 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; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. IN ANY EVENT, UBIOTA’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR UBIOTA’S WEBSITE SHALL NOT EXCEED THE FEES YOU HAVE PAID TO UBIOTA.
All notices to uBiota shall be sent through the website or email. uBiota will provide any notice to its users through updates to the website or by email.
If you violate the terms of these Terms and/or uBiota has a reasonable ground to suspect that you have violated the terms of these Terms, uBiota 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).