Terms of Service

Terms of Service

 

uBioDiscovery Inc.

 

These website Terms of Service of use for uBioDiscovery.com constitute a legal agreement and are entered into by and between you and uBioDiscovery Inc. (“uBioDiscovery”, “we,” “us,” “our”). This page outlines the Terms of Service that apply to your use of all uBioDiscovery services, which include the uBioDiscovery.com website, and any other uBioDiscovery site on which these terms appear, mobile applications, our SUPERBIOME microbiome analysis service and other associated services. This site and the Services offered through this site are for use by residents of Canada. By using uBioDiscovery’s services, including purchasing a collection kit, you are thereby accepting these Terms of Service and the Terms of Service are in effect. You may terminate the use of uBioDiscovery Services if you do not agree to changes to the Terms of Service. If you terminate your use of uBioDiscovery services, there are no refunds except in accordance with these Terms of Service. Please read this document carefully.

 

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with uBioDiscovery and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Contents

  1. Definitions.
  2. Acceptance of the Website Terms of Service.
  3. Prerequisites.
  4. Description of the Services.
  5. Modifications to the Terms of Service.
  6. Your Use of the Website and Account Set-Up and Security.
  7. Intellectual Property Rights and Ownership.
  8. Conditions of Use and User Contributions and Site Content Standards.
  9. Risks and Considerations of Use.
  10. User Contributions and Representations: Grant of License.
  11. Site Monitoring and Enforcement, Suspension and Termination.
  12. Term for Cause of Action.
  13. Admissibility of Printed Version.
  14. No Reliance.
  15. Privacy.
  16. Third-party Websites.
  17. Online Purchases.
  18. Geographic Restrictions.
  19. Disclaimer of Warranties.
  20. Limitation on Liability.
  21. No Resale of Service.
  22. General Practices Regarding Use and Storage.
  23. Indemnification.
  24. Governing Law and Jurisdiction.
  25. Waiver
  26. Severability.
  27. Section Titles.
  28. Entire Agreement
  29. Survival of Terms.
  30. Assignment
  31. Notice, Report and Contact

 

1.     Definitions

 

Bacterial Information” is information regarding your microbiome, generated through processing of your stool by uBioDiscovery or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to uBioDiscovery.

Consent Document” means the general Consent Document or a specific document by which uBioDiscovery obtains your consent to the participation in uBioDiscovery Research. The Consent Document describes how you can participate, how your data will be used, how we protect your data, the benefits and risks of participation and your options and how to withdraw.

Personal Information” is information that is about you as an identifiable individual. It includes information that, either alone or in combination with other information, can be used to identify you. uBioDiscovery collects and stores the following types of Personal Information: name, date of birth, billing and shipping address, payment information, and contact information (email, phone number).

Registration Information is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).

Self-Reported Information is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your uBioDiscovery account. Self-Reported Information is included in uBioDiscovery Research only if it has been indicated for uBioDiscovery Research use on the Website and if you have given consent as described in the applicable Consent Document.

Service” or Services” means uBioDiscovery’s products, software, services, mobile application, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.

TOS” means these Terms of Service as may be amended, revised or updated from time to time.

uBioDiscovery Research” means scientific research that uBioDiscovery performs with the intent to publish in a peer-reviewed scientific journal. uBioDiscovery Research only uses Bacterial Information and Self-Reported Information from users who have given consent according to the applicable Consent Document. uBioDiscovery Research activities do not include research and development.

uBioDiscovery” means uBioDiscovery Inc., whose principal place of business is at 2404-201 Sherbourne Street, Toronto, ON M5A-3X2, and all affiliates and entities under common ownership with uBioDiscovery Inc.

User Contributions” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Bacterial Information and Self-Reported Information – generated by users of Services and transmitted, whether publicly or privately, to or through uBioDiscovery and includes any and all content, material, and information a user submits, posts, publishes, displays, or transmits to the website, to other users or other persons.

Privacy Policy” uBioDiscovery’s Privacy Policy found at https://ubiodiscovery.com/privacy/

“Website” : uBioDiscovery’s website and all its features found at www.ubiodiscovery.com

2.     Acceptance of the Website Terms of Service

 

Your use of Services and the Website is subject to the terms of the legal agreement between you and uBioDiscovery set forth in these Terms of Service. These TOS govern your access to and use, including any content, functionality and services offered on or through the Website. Services can include but are not limited to:

  1. submitting a stool sample for microbiome sequencing and analysis;
  2. uploading a digital version of your microbiome data and interacting with it on the Website; and
  3. creating and using a free uBioDiscovery account without providing your stool sample or Personal Information. In order to use Services, you must first agree to the Terms of Service; you may not use the Services if you do not accept the Terms of Service. You accept the TOS by using any uBioDiscovery services, and you acknowledge and agree that uBioDiscovery will treat your use of the Services as acceptance of the Terms of Service. We may also ask that you accept the TOS by clicking to accept or agree to the Terms of Service. In addition, when using particular uBioDiscovery 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 Terms of Service. uBioDiscovery may offer other services from time to time that are governed by different terms of service; which must be agreed to before using the service.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TOS AND OUR PRIVACY POLICY, FOUND https://ubiodiscovery.com/privacy/ IF YOU DO NOT AGREE TO THESE TOS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

3.     Prerequisites

You must be at least 13 years of age to use the Services, including Services accessed without submitting your own stool sample, a stool sample for anyone else or otherwise providing Bacterial Information.

You may not use Services that include submitting your own stool sample, or a stool sample for anyone else, or otherwise providing Bacterial Information if:

  1. you are not of legal age in your province or territory of residence to form a binding contract with uBioDiscovery, or
  2. you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

4.     Description of the Services

The Services include access to the Website and personal microbiome analyses services, including the collection and analysis of your stool 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”, unless otherwise required by provincial or territorial law, and are based on the current state of the art of microbiome research and technology in use by uBioDiscovery at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, uBioDiscovery 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 uBioDiscovery provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that uBioDiscovery may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at uBioDiscovery’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform uBioDiscovery when you stop using the Services unless you are requesting closure of your account. uBioDiscovery 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 uBioDiscovery 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 uBioDiscovery at any time, at uBioDiscovery’s discretion.

5.     Modifications to the Terms of Service

We reserve the right in our sole discretion to modify, supplement and update these TOS from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the TOS in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

6.     Your Use of the Website and Account Set-Up and Security

The security of your Personal Information is very important to us. We use electronic and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these TOS and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, email, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://ubiodiscovery.com/privacy/

 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

 

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.

 

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

  • accessing content and data that is not intended for you;
  • attempting to breach or breaching the security and/or authentication measures which are not authorized;
  • restricting, disrupting or disabling service to users, hosts, servers or networks;
  • illicitly reproducing TCP/IP packet header;
  • disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
  • using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
  • otherwise attempting to interfere with the proper working of the Website.

7.     Intellectual Property Rights and Ownership

  1. uBioDiscovery’s Proprietary Rights

You understand and agree that uBioDiscovery (or uBioDiscovery’s licensors, as applicable) own all legal rights, titles, and interests 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 uBioDiscovery and that you shall not disclose such information without uBioDiscovery’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 uBioDiscovery, 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 uBioDiscovery 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.

uBioDiscovery Inc., uBioDiscovery, and other uBioDiscovery logos and product and service names are trademarks of uBioDiscovery and these marks together with any other uBioDiscovery trade names, service marks, logos, domain names, and other distinctive brand features are the “uBioDiscovery Marks”. Unless you have agreed otherwise in writing with uBioDiscovery, other than through the Limited License in Section 7, nothing in the TOS gives you a right to use any uBioDiscovery Marks and you agree not to display, or use in any manner, uBioDiscovery Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by uBioDiscovery, you agree that in using the Services, you will not use any trademark, 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, uBioDiscovery 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 uBioDiscovery, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by uBioDiscovery, in the manner permitted by the TOS. Unless uBioDiscovery 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 uBioDiscovery for use in accessing the Service. Any rights not expressly granted herein are reserved.

  1. b) User Proprietary Rights

 

  1. Limited License

 

You acknowledge that all User Contributions, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Contributions originated. This means that you, and not uBioDiscovery, are entirely responsible for all User Contributions 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 uBioDiscovery Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by uBioDiscovery and/or the sponsors who provide that content to uBioDiscovery (or by other persons or companies on their behalf). uBioDiscovery grants you a limited license (“Limited License”) to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from “MD’s Perspectives” in the “For the Experts” section of the Website and any other content marked as not subject to this Limited License on the website, provided you:

  • provide the Services content as it appears on the Website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content;
  • include the following attribution on the first page of any materials you distribute: “© uBioDiscovery, 2007-2015 All rights reserved; distributed pursuant to a Limited License from uBioDiscovery”; and
  • 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 uBioDiscovery or by the owners of that content, in a separate agreement.

 

  1. User Contributions

 

uBioDiscovery does not claim ownership of the User Contributions you provide to uBioDiscovery (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain the copyright and any other rights you already hold over User Contributions that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Contributions, you give uBioDiscovery, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in the section 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 (each in any medium now or hereinafter invented) from any User Contributions that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for uBioDiscovery to make such User Contributions available to other companies, organizations, or individuals with whom uBioDiscovery has relationships, and to use such User Contributions in connection with the provision of those services.

You understand that uBioDiscovery, in performing the required technical steps to provide the Services to our users, may:

  • 1) transmit or distribute your User Contributions over various public networks and in various media; and
  • 2) 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 uBioDiscovery to take these actions. You represent and warrant to uBioDiscovery that you have all the rights, power, and authority necessary to grant the above license.

 

  1. Microbiome and Self-Reported Information

Please refer to our Privacy Policy for when we may disclose individual-level Bacterial Information and/or Self-Reported Information to third-parties without explicit consent. https://ubiodiscovery.com/privacy/

uBioDiscovery cannot control the distribution of Bacterial Information or  Self-Reported Information that you share publicly on the Website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that uBioDiscovery has no obligation to do so on your behalf.

Your stool sample, once submitted to and analyzed by uBioDiscovery, is processed in an irreversible manner and cannot be returned to you. See our Website for more information on sample processing. Any Bacterial Information derived from your stool remains your information, subject to the rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from uBioDiscovery as a result of having your Bacterial Information processed, made available to you, or as provided in our Privacy Policy and TOS, shared with or included in Aggregated Microbiome and Self-Reported Information shared with research partners, including commercial partners.

  1. Waiver of Property Rights

As stated above, you understand that by providing any sample, having your Bacterial Information processed, accessing your Bacterial Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by uBioDiscovery 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 Bacterial Information or Self-Reported Information.

8.     Conditions of Use and User Contributions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Service.

 

The following content standards apply to any and all User Contributions and any and all Interactive Functions. Any and all User Contributions must comply with all applicable federal, provincial, local, and international laws, regulations and Terms of Service.

 

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Contributions shall not:

 

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these TOS and our Privacy Policy found at https://ubiodiscovery.com/privacy/
  2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
  3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in uBioDiscovery’s sole discretion.
  4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for Personal Information as prohibited under applicable laws, regulations or code.
  5. Involve, provide or contribute any false, inaccurate or misleading information.
  6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Contributions and Site Content Standards, found in Section 8 of these TOS.
  7. Impersonate or attempt to impersonate uBioDisvoery, a uBioDisvoery employee, another user, or any other person or entity (including, without limitation, by using the email addresses, or screen names associated with any of the foregoing).
  8. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  9. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm uBioDiscovery or users of the Website or expose them to liability.
  10. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  11. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  12. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

9.     Risks and Considerations of Use

Once the results of the microbiome sequencing has been delivered to you, the knowledge is irrevocable. This information may not always be positive, and the implications may change as microbiome research progresses and advances, and as more scientific knowledge becomes available. It is important to understand that as research advances, it may be recommended to obtain further services from uBioDiscovery or from your health care provider. uBioDiscovery does not employ medical doctors on staff, and the dietary suggestions do not constitute medical advice. That being said, you may receive results that illicit an emotional response, and that could have social or economic implications. It is important to discuss your results with your physician or health care provider if you are surprised, upset, or have questions about your results. The dietary suggestions are based on the findings of peer-reviewed scientific literature, as well as your microbiome results. Adding additional foods to your diet, and the suggestion to try new diets, are suggested solely to alter the proportions of bacteria in your gut, but not to treat or cure any pre-existing health conditions. uBioDiscovery services are not intended to diagnose, treat, prevent or cure and diseases or health conditions. Changing your health behaviours should not be based solely on the information from uBioDiscovery, and underlying health conditions and other factors (i.e. allergies, intolerances, pre-existing health conditions, family history of disease) should all be considered and discussed with a health care professional before making changes to your diet and lifestyle. The microbiome data produced as a result of the sequencing, and the food and diet suggestions, should be discussed with a physician or health care provider.

If your stool sample does not contain sufficient material, then the laboratory may not be able to able to process your sample. If this initial processing fails, uBioDiscovery will process the same sample again at no additional charge.

Microbiome science is continually evolving as research is advancing and researchers are discovering new findings about the human microbiome. Although diet and lifestyle fundamentally influence your microbiome profile, genetics also play a role and uBioDiscovery does not consider or provide any genetic information to any of its users. Even if your microbiome data does not identify any correlation to disease or condition, this does not mean that you are protected. If your data does indicate an association to any disease or condition, it does not mean that you will inevitably develop that disease or condition. The suggestions and results are based on information that was extracted from scientific literature, and advice from a physician or health care provider should always take precedence over any advice from uBioDiscovery.

Microbiome research shows correlations and associations between certain bacteria and health conditions, while there is very little known about the relationship between these bacteria and the conditions. One of the primary goals of uBioDiscovery is to participate in the advancement of microbiome research. It is important to note that the scientific literature published does not necessarily span all ethnic groups equally, and as a result, not all of the interpretations may apply to each user. Future research and discoveries may change the interpretation of your microbiome data, and may deem previous research inaccurate. There are currently no insurance companies that request microbiome data, however, this is something that may change in the future. You may want to seek legal advice before sharing your results. If this information is shared with your physician, it may be integrated into your health records. You may choose to share information with others now under the assumption that it has no risk, however, this information might have different implication with family, friend, or insurance companies in the future.

uBioDiscovery does not provide medical advice, and its services are strictly for research and education. The microbiome data and dietary suggestions are for informational use only and do not constitute medical advice. The Services are not intended to be used for diagnostic purposes, and are not a substitute for professional medical advice. Although uBioDiscovery does provide over the counter probiotics in their SUPERBIOME kit, it does not endorse specific products, brands, physicians, drugs, procedures or medical tests. The probiotics in the kit are provided in order to analyze the user’s microbiome before and after probiotic supplementation, and are not included to treat or prevent any disease. For any customers or users who have an underlying health condition that would be negatively affected by probiotic supplementation, such as cancer or an immune disorder, the probiotics in the kit should not be taken. Every user is responsible for consulting a medical professional to ensure the safe consumption of probiotics based on their unique health history.

10.  User Contributions and Representations: Grant of License

  1. User Contributions

The Website may contain Interactive Functions allowing User Contributions on or through the Website.

None of the User Contributions you submit to the Website will be subject to any confidentiality by uBioDiscovery. By providing any User Submission to the Website, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose and according to your account settings and/or incorporate such materials into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Contributions, you declare and warrant that you own or have the necessary rights to submit the User Contributions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Contributions and comply with these Terms of Service. You represent and warrant that all User Contributions comply with applicable laws and regulations and the User Contributions and Site Content Standards set out in these Terms of Service.

You understand and agree that you, not uBioDiscovery nor uBioDiscovery’s subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Contributions you submit or contribute, and you are fully responsible and legally liable, including to any third-party, for such content and its accuracy. We are not responsible or legally liable to any third-party for the content or accuracy of any User Contributions submitted by you or any other user of the Website.

  1. User Representations

By accessing uBioDiscovery Services, you agree to, acknowledge, and represent as follows:

  1. You understand that information you learn from uBioDiscovery is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the uBioDiscovery services are intended for research, informational, and educational purposes only, and that while uBioDiscovery information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that uBioDiscovery urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Bacterial Information.
  2. You give permission to uBioDiscovery, its contractors, successors and assignees to perform microbiome analyses services on the DNA extracted from your stool sample and you specifically request uBioDiscovery to disclose the results of analyses performed on your microbiome to you and to others you specifically authorize.
  • You are resident in Canada and that you are of the age of majority or older in your province or territory of residence if you are providing a stool sample or accessing your Bacterial Information.
  1. Any sample you provide is your stool or, if you are submitting a stool sample for another person, you represent and warrant that you have legal authorization to do so and that the stool sample is of that other person;.
  2. Any stool sample you provide and all resulting data may be transferred and/or processed outside of Canada.
  3. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
  • You are aware that some of the information you receive may provoke strong emotion.
  • You take responsibility for all possible consequences resulting from your sharing with others access to your Bacterial Information and your Self-Reported Information.
  1. You understand that all your Personal Information will be stored in uBioDiscovery databases and will be processed in accordance with the Privacy Policy found at https://ubiodiscovery.com/privacy/
  2. In case of breach of any one of these representations and warranties, uBioDiscovery 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 uBioDiscovery and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

11.  Site Monitoring and Enforcement, Suspension and Termination.

  1. uBioDiscovery has the right, without provision of notice to:
  2. i) Remove or refuse to post on the Website any User Contributions for any or no reason in our sole discretion.
  3. ii) At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Websites Terms of Service.
  • iii) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  1. iv) Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.
  2. uBioDiscovery has the right, at any time, without provision of notice, to terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
  3. i) you have breached any provision of the TOS (or have acted in a manner which shows that you do not intend to, or are unable to, comply with the provisions of the TOS);
  4. ii) uBioDiscovery is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
  • iii) the partner with whom uBioDiscovery offered the Services to you has terminated its relationship with uBioDiscovery or ceased to offer the Services to you;
  1. iv) uBioDiscovery 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
  2. v) the provision of the Services to you by uBioDiscovery is, in uBioDiscovery’s opinion, no longer commercially viable.
  3. 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 uBioDiscovery shall not be liable to you or any third-party for any termination of your access to the Services.
  4. If you want to terminate your legal agreement with uBioDiscovery, you may do so by notifying uBioDiscovery 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 uBioDiscovery’s address, which is set out at the beginning of the TOS, or via email to contact@ubiodiscovery.com. If you provide notice via email, uBioDiscovery 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.
  5. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
  6. uBioDiscovery has no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party, subject to applicable laws.

12.  Term for Cause of Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.  Admissibility of Printed Version

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14.  No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to medical advice or advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and uBioDiscovery has no responsibility or liability whatsoever for your use of this Website.

This Website includes content provided by third-parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by uBioDiscovery, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of uBioDiscovery. uBioDiscovery has no responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials. uBioDiscovery 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 the use of or reliance on any such content, advice, advertising, products, or other materials available on or through any hyperlinked site or third-party resource.

15.  Privacy

By submitting your Personal Information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such User Contributions submissions in compliance with the Privacy Policy found at https://ubiodiscovery.com/privacy/. You may not use the Services if you do not accept the Privacy Policy. You acknowledge and agree to the Privacy Policy automatically through use of the Website and Services or by clicking to accept or agree to the Privacy Policy, where this option is made available to you.

Our Privacy Policy sets forth the only expectations of privacy any individual should have in terms of usage of the uBioDiscovery Services, website, or other systems.  Please refer to our Privacy Policy to read about data protection related to your information. See our complete Privacy Policy here https://ubiodiscovery.com/privacy/.

By using the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://ubiodiscovery.com/privacy/.

16.  Third-party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any TOS of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Contributions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

17.  Online Purchases

All orders, purchases or transactions for the sale of goods or services made using this Website are subject to these Terms of Service, and any additional terms outlined at the point of sale.

Additional terms may be applicable to parts or features of this Website and are hereby incorporated by reference into these Terms of Service.

18.  Geographic Restrictions

The owner of the Website is based in Ontario, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

19.  Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS IN SOME CASES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS AND EXCLUSIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE, ITS CONTENT, AND THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, AND THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN ““AS IS”” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

UBIODISCOVERY DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT, WHETHER EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, AVAILABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE WEBSITE OR ITS CONTENTS.

  1. UBIODISCOVERY MAKES NO WARRANTY THAT
  2. i) THE SERVICES WILL MEET YOUR REQUIREMENTS;
  3. ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE;
  • iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
  1. iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND
  2. v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. UBIODISCOVERY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

20.  Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

21.  No Resale of Service

Other than pursuant to the terms of the Limited License in Section 7 of this TOS or unless otherwise agreed in a separate agreement between you and uBioDiscovery, 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.

22.  General Practices Regarding Use and Storage

You acknowledge that uBioDiscovery 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 uBioDiscovery’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 uBioDiscovery has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Bacterial Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that uBioDiscovery reserves the right to change these general practices and limits at its sole discretion.

23.  Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless uBioDiscovery, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these TOS or your use of the Website, including, but not limited to, your User Contributions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service.

If you have submitted a stool sample or otherwise provided your own Bacterial Information, you will defend and hold harmless uBioDiscovery  from any liability arising out of the use or disclosure of any information obtained from microbiome analyses of your stool sample or analysis of your Bacterial Information, which is disclosed to you consistent with our Privacy Policy or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Bacterial Information, 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 uBioDiscovery, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Bacterial Information or Self-Reported Information.

24.  Governing Law and Jurisdiction

The Website and these TOS will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these TOS will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

25.  Waiver

No failure of uBioDiscovery to exercise, or delay in exercising, any right, remedy, power, privilege, or provision arising from these TOS operates, or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

26.  Severability

If any portion of these TOS is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these TOS or invalidate or render unenforceable such term or provision in any other jurisdiction.

27.  Section Titles

The section titles in the TOS are for convenience only and have no legal or contractual effect.

28.  Entire Agreement

The TOS and our Privacy Policy constitutes the sole and entire agreement between you and uBioDiscovery regarding the Website and supersedes all prior and contemporaneous understandings,  agreements, representations and warranties, both written and oral, regarding such subject matter.

29.  Survival of Terms

If the TOS is terminated, all of the legal rights, obligations, and liabilities that you and uBioDiscovery have benefited from, have been subject to or which are expressed to continue indefinitely, shall be unaffected by the cessation of the TOS. In particular, all representations, warranties and covenants made by you and uBioDiscovery in the TOS  and  Section 24 Indemnification shall continue to apply indefinitely.

30.  Assignment

You may not assign or delegate any rights or obligations under the TOS. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, uBioDiscovery for any third-party that assumes our rights and obligations under this TOS.

31.  Notice, Report and Contact

Notices to you may be made via either email or regular mail. uBioDiscovery 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:

uBioDiscovery Inc.

ATTN: Managing Director

2404-201 Sherbourne Street

Toronto, ON M5A-3X2

Additionally, uBioDiscovery accepts service of process at this address. Any notices that you provide without compliance with this section on notices shall have no legal effect.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to uBioDiscovery at contact@ubiodiscovey.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contact@ubiodiscovey.com.

Last Updated

The TERMS OF SERVICE were last updated on December 1, 2019.

 

 

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