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Last updated on September 12, 2018
Thank you for joining The uBiome Innovation Challenge! By using the Challenge website, you are agreeing to these rules, terms and conditions so please take a few minutes to read them over.
IMPORTANT NOTE: By using Challenge you are entering into a legally binding agreement. Please read it.
The terms of service for uBiome.com are separate from the Challenge and are available here and incorporated here by reference.
There are two parties entering into this agreement, you and us.
In this agreement, the first-person plural pronouns "We", "Us", "Our", "Ours", etc. or the proper name "Challenge" refer to uBiome, Inc., 180 Steuart St #194165, San Francisco, CA 94105 USA. We are the company who owns and operates the Challenge website.
Similarly, the second-person pronouns "You", "Your", "Yours", etc. refer to you. Even if you are acting on behalf of your company, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.
Phrases such as "we both", "both of us" or "both parties" refer to both you and us collectively.
The purpose of the Challenge is to provide a website where healthcare providers, trainees and medical students can network, connect, collaborate, share information, develop their careers and advance the science of the microbiome through clinical research.
When you use the Challenge site, you are entering into a legal agreement and you agree to all of these terms.
By using the Challenge website, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
We reserve the right to change the terms of this Agreement and will provide you advance notice if the terms change, by sending you an email to your email address as registered in your account profile, and by notifying you with a popup message the next time you log in. If you don't agree to these changes, you have the option to delete your account and stop using the website. We agree that changes cannot be retroactive.
You retain ownership of the information you submit to the Challenge under this Agreement. However, you do grant us a license to the information you provide us, as follows:
As mentioned, we will provide notifications to you via this website. We will also try to contact you by email with important notifications if we have your email address. However, since email delivery is not foolproof, always check this site periodically for any important notices.
We are not responsible for and will not be liable for damages caused either entirely or partially by the actions of any third parties.
You agree to release us completely and in perpetuity from any liability to you for any damages, direct or indirect, whether by our negligence, action or omission of action, that you may incur related to this Agreement. Where local law doesn't allow this, then you agree that our liability to you is limited to the lowest amount allowable by local law. In no event will we be liable to you, or others, for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages arising from or related to this agreement, even if you are advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER UBIOMENOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES PROVIDED FROM OR IN CONNECTION WITH THE UBIOMEWEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THESE SERVICES, THE SPECIFIC FUNCTIONS OF THESE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE ALL SERVICES AS IS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
You can terminate this agreement any time by written notice to us. We can terminate this agreement at any time by written notice to you. If you continue to use this website after termination, then you are agreeing to the reinstatement of this Agreement and you will be bound by all its terms and conditions.
We do not guarantee that this website will be available and accessible all the time. You agree that you have no right to any damages for any losses you incur directly or indirectly as a result of unavailability of this website.
We may, at our sole discretion, suspend your access to this website, remove your account and/or delete all of your content for any reason or for no reason. You agree that you have no recourse and are entitled to no compensation or damages in this case.
If either you or we have a dispute that we cannot be resolved by mutual good-faith negotiation, we both agree to the sole jurisdiction of the courts of the California [FM1] in any legal dispute.
If any provision in this Agreement shall be found or be held to be invalid or unenforceable then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect unless the severed provision is essential and material to the rights or benefits received by any Party. In such event, the Parties shall use reasonable efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most nearly effects the Parties’ intent in entering into this Agreement.
No waiver of any term or condition of this Agreement shall be valid or binding on a Party unless the same shall have been set forth in a written document, specifically referring to this Agreement and signed by the waiving Party. The failure of a Party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by one or both of the Parties of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a Party to enforce each and every such provision thereafter.
The terms and conditions contained in this Agreement (including the Exhibits hereto) and the documents referred to herein constitute the entire agreement between the Parties and supersede all previous agreements and understandings, whether oral or written, between the Parties with respect to the subject matter hereof.
Neither Party shall be liable for delays or failure to meet its obligations pursuant to this Agreement due to causes beyond the Party's reasonable control, provided, however, the foregoing shall not apply to a Party's payment obligations.
This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns. In no event shall you assign this Agreement without our prior written consent.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of any such section nor in any way affect this Agreement.
You waive your rights to an injunction against uBiome and its partners and contractors., but uBiome does not waive our rights to injunctive relief.