Registered Member Terms of Use
This Registered Member Terms of Use, (“Terms of Use” or “Agreement”), reviews many of the benefits, risks, and limitations of participating in the services provided by Q Bio, Inc. and its contractors (collectively “Q Bio”). These Terms of Use also explain how your information will be stored and presented on Q Bio’s precision medicine platform (the “Platform”), and how physical samples will be stored and distributed. This is a legally binding agreement and consent between Q Bio, Inc., a Delaware corporation, and you. By accepting this Terms of Use, you agree to be bound by its terms and conditions. Please read the Terms of Use carefully before you start to use our Services or use our website when accessing the Services. By visiting our website, using any of our Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, found at https://q.bio/privacy/, incorporated herein by reference. If you are unwilling or unable to be bound by this Agreement, do not create an Account or use any portion of the Services (as those terms are defined below). This Terms of Use applies to your use of the Services and your use of the website when accessing the Services. You and Q Bio are collectively referred to as the “Parties.”
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in an updated version of this Terms of Use or will be presented to you for your acceptance when you sign up to use supplemental Services.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
By accepting or agreeing to this Terms of Use as a research participant, you do not waive any of your legal rights including your right to seek payment through the legal system.
1. Definitions
For the purposes of this Agreement, the terms set forth in this Section 1 have the meanings assigned to them below.
“Health Information” means any personally identifiable information, medical records, or health-related data, including but not limited to, personal information provided by you, information provided by other individuals that you authorized to access your Account, results of questionnaires completed by you, biological samples, results and analyses of tests performed in connection with your participation in Q Bio’s service and Research Study (defined below) as described in the applicable informed consent, and information gathered from mobile and wearable devices.
“Registered Member” means an individual who completes (i) the registration process to become a paying member of Q Bio’s Services, or (ii) the registration process to become a member through a Partner Program. The registration process may include, but is not limited to, creating an Account, accepting a Registered Member Terms of Use, submitting a signed Research Consent to participate in our research protocol described in the Research Consent and Registered Member Terms of Use (“Research Study”), completing the payment process, or signing other applicable consent forms for participation in a Partner Program. A Registered Member is able to use the Services to store Health Information.
“Non-Member” means an individual who may access a Registered Member’s Q Bio profile and Gemini Exam dashboard upon invitation by a Registered Member. The Non-Member may be required to register an Access Account through which he or she could view a Registered Member’s Q Bio profile upon invitation by a Registered Member. This registration process may include, but is not limited to, creating an Account and accepting a Non-Member Terms of Use.
“Partner Programs” means programs in which Q Bio partners with a third-party organization to provide the Services. Such third-party partners may include employers, hospitals, providers, or other medical and academic partners.
“Services” means Q Bio’s products, services, platform, and software tools, including those provided to Registered Members, Non-Members, and Site Visitors.
“Site Visitor” means an individual who accesses Q Bio’s Site and does not complete a process to accept the specific Terms of Use to become a Registered Member or a Non-Member.
2. Summary of Services
Certain of Q Bio’s Services allow you to create, aggregate, and access a longitudinal record of your Health Information over time. While you are a Registered Member, Q Bio’s platform allows you to archive your Health Information for use by you and the healthcare professionals and other individuals to whom you grant access to your Q Bio profile. Further, by joining Q Bio, you help advance Q Bio’s understanding of how Health Information can be stored and used by individuals to impact their health. Non-Members will have limited functionality on the platform, and Site Visitors will only have access to public areas of our website.
As a Registered Member, we will retain your Personal Data and/or health information for the period necessary to provide you with Services and complete our Research Study, or as required by law or for legitimate business purposes.
Your participation in Partner Programs is optional and may be governed by additional terms outside this Terms of Use. Please contact the Partner Program if you have any questions about their documents or practices.
3. Q Bio Services
3.1. Q Procedures. Prior to being asked to join the research study, you decided to have a Gemini Exam. The Gemini Exam is not part of the research and is available if you decide not to take part in the research. A Gemini Exam currently consists of, but is not limited to, the following procedures and tests: magnetic resonance imaging (MRI) scanning; collection of blood and urine; acquiring biometrics (including, but not limited to, data such as blood pressure, heart rate, respiratory rate, heart sounds, breath sounds, EKG data, weight, body composition); and completion of online personal health forms. Some of these procedures, such as MRI and blood sample collection may take place at third-party facilities equipped to provide these services. Other samples may be collected at home or at Q Bio’s office. Certain samples and imaging that are obtained in a Gemini Exam will be analyzed by third parties.
3.2. Use of Health Information to Perform Services. Your Health Information will be handled in accordance with Q Bio’s Privacy Policy and as otherwise described in the Research Study consent and authorization you signed.
By Signing the Authorization to Use and Disclose PHI, you previously gave your permission to Q Bio and all its approved partners, including but not limited to MRI scanning centers, third-party healthcare services and laboratories, to share your medical records andHealth Information with Q Bio, and people working with Q Bio.
4. Grant of Rights to Use the Services
Q Bio grants to you and you accept a non-exclusive, personal, non-transferable, non-sublicensable, limited right solely to access and use the Services, and a non-exclusive, personal, non-transferable, non-sublicensable, limited license to use any computer software or data furnished by Q Bio solely for access to or use of or in connection with the Services during the term, subject to your full compliance with the terms and conditions set forth in this Agreement. The rights granted to you in this Agreement are subject to the following restrictions: you will not: (a) use the Services for time-sharing, rental or service bureau purposes; (b) make the Services, in whole or in part, available to any unauthorized person, entity or business without explicit consent of Q Bio or through the use of the Services; (c) copy, reverse engineer, decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used by the Services; (d) access or use the Service for purposes of benchmarking, comparative, or competitive analysis of the Service, developing, using, or providing any product or service competitive with or intended to be competitive with the Service, or for any other purpose that is to our detriment or commercial disadvantage; (e) modify, combine, integrate, render interoperable, or otherwise access for purposes of automating data conversion or transfer, the Services or associated software with any other software or services not provided or approved by us; (f) violate any applicable law or regulation; or (g) use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Terms of Use. You will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement.
The Services may include certain third-party software, services, data or applications that may require that you enter into separate agreements with third parties. You will comply with and, upon request, execute, any agreements or acknowledgments that may be required for the use of such software or services, and hereby agree to comply with the terms of any license or other agreement relating to third-party products included in the Services or made accessible to you through the Services. Additionally, your use of theServices or of such third-party products or services will constitute your agreement to be bound by the terms of all licensing, membership and similar agreements relating to such use. Should you choose not to accept the terms of any such agreements, you will be deemed to have terminated any agreement(s) with Q Bio and forfeited any right or claim to future Services or other performance by Q Bio, except where prohibited by applicable law.
Q Bio reserves the right to do any of the following at any time without notice: (i)modify, suspend, or terminate operation of or access to the Services, or any portion thereof, for any reason consistent with applicable law; (ii) modify or change the Services, or any portion thereof, and any applicable policies or terms; or (iii) interrupt the operation of the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes. Q Bio does not guarantee the availability of any feature, function, price, product, or service of the Services. Under no circumstances will Q Bio be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or services will be governed by this Terms of Use.
In some cases, the Services may not be the most appropriate way for you to track or manage your health and wellness, or provide information to or communicate with a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider, or your provider may determine that your diagnosis and/or treatment require an in-person office visit or are otherwise not appropriately addressed through use of the Services.
5. Representations and Warranties
You represent and warrant that: (1) you have the right to submit any information uploaded or otherwise submitted to Q Bio, including that pertaining to yourself or other third parties (a “Submission”); (2) you have obtained any required consents and provided any required notices in connection with any such Submission; and (3) our use of the Submission in any way consistent with our Privacy Policy will not violate any applicable law or regulation.
You represent and warrant that you will immediately notify us of any breach of our Platform’s security, these Terms of Use, or the Privacy Policy of which you become aware.
You represent and warrant that you will not permit your Platform access credentials, Account, or membership to be used by children under the age of 18 to submit information about themselves in any fashion.
You represent and warrant that you will not reproduce, publish, or distribute content in connection with the Services that infringes, misappropriates or violates any third party’s trademark, copyright, patent, trade secret, publicity, moral rights, privacy, or other personal or proprietary right or engage in any activity that encourages or facilitates the infringement of intellectual property rights.
You represent and warrant that you will not upload, post, transmit, or otherwise make available any content that infringes, misappropriates or violates the intellectual property rights of any third-party.
You represent and warrant that you will not use the Services to (i) transmit illegal, obscene, threatening, libelous, harassing, or offensive messages, or otherwise unlawful material; (ii) violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (iii) transmit user content that is fraudulent, false, misleading or deceptive. In addition, to further safeguard the confidentiality, integrity and availability of the information and other elements housed in the Services, as well as the stability of the Services, you agree you will not, nor attempt to, or authorize anyone to, or attempt to:
i) Abuse or misuse the Services, including gaining or attempting to gain unauthorized access to the Services, or altering or destroying information housed in the Services;
ii) use the Services in a manner that interferes with other users’ use of the Services; or
iii) use the Services in any manner that violates applicable law or our policies and procedures, including the Privacy Policy, or this Agreement;
You represent and warrant that you will not circumvent any technical measures we have put in place to safeguard the Services or the confidentiality, integrity or accessibility of any information housed thereon, or any technical measures we have put in place to restrict access. You represent and warrant that you will not (i) introduce to the Service any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful or otherwise use any device, software, or routine that interferes or is designed to interfere with the proper working of the Service; (ii) attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise interfere with the proper working of the Service or any server, computer, network, environment, or database connected to or used with the Service; or (iii) attack the Service via a denial-of-service attack or a distributed denial-of-service attack. You represent and warrant that you will not access any portion of the Services other than with a commercial browser (such as Internet Explorer, Mozilla Firefox or Chrome) or mobile-based application developed and operated by Q Bio Inc., its subsidiaries and/or its authorized partners.
By visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.
You represent and warrant that any information, materials, software, or data that you submit to or through the Platform, or that you access, use, download, or otherwise obtain on or through the Platform, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
6. Registered Member Accounts
6.1. Account Creation. In order to use certain Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. Q Bio may suspend or terminate your Account in accordance with the termination provisions in this Agreement.
6.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and you will not share your login information with any other person. You are fully responsible for all activities that occur under your Account. You agree to immediately notify Q Bio of any unauthorized use, or suspected unauthorized use of your Account or your Account login information or any other breach of security. Q Bio cannot and will not be liable for any loss or damage whatsoever arising from your failure to comply with the above requirements.
6.3. Content. You acknowledge and agree that you are responsible for the accuracy and completeness of the Health Information you add to your Q Bio profile (“Content”). You acknowledge that Q Bio has no obligation to pre-screen Content, although Q Bio reserves the right in its sole discretion to pre-screen or remove any Content.
7. Access Rights
7.1. Permitted Uses. Subject to the terms of this Agreement, you shall be provided access to certain of your Health Information maintained on Q Bio’s platform. You may provide access to your Q Bio profile to any individual you designate who accepts the Terms of Use as a Non-Member of this website. Moreover, you may choose to provide third parties with access to certain information to which you have access, such as your Gemini Exam dashboard or certain raw data elements that Q Bio may, from time to time, elect to make available to you. You may permit third parties to sit in on a review of your Gemini Exam dashboard. Should you choose to enable any such third party access to your Personal Data, you agree that Q Bio has absolutely no control over, or responsibility for, uses of data by the third parties to whom you have provided such access.
8. Support and Information Exchange
You agree that you may use the information, including Health Information, and materials available to you through the Services for informational and educational purposes only. Information may be placed in the Services by us and by third parties beyond our control. We are not responsible for the accuracy or completeness of information, including Health Information, available from or through the Services. Any content on the Services is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. Such content is not a replacement or substitute for medical care or specific professional advice, recommendation, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of information provided through the Services. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials in the Services relating to any such products, items or services is not an endorsement or recommendation of them. You will review the functionality and limitations of the Services to make an independent determination of their suitability for your use. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”, AND “WHERE-IS” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE AND OUR SUPPLIERS AND LICENSORS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY AS TO THE QUALITY, ACCURACY, AND SUITABILITY OF THE INFORMATION PROVIDED BY THE SERVICES FOR ANY PURPOSE.
9. Research
9.1. Research Study; Participation Required. In addition to this Terms of Use, you will be asked to sign an Institutional Review Board (IRB) approved consent further outlining an IRB-approved study, or the “Research Study”, associated with your membership. Participation in the Research Study is required to become a Registered Member. If you are unwilling or not able to join the Research Study, or if you do not meet the Research Study’s inclusion criteria, you will be ineligible for membership. Consent to the Research Study does not obligate you to purchase additional Q Bio services.
9.2. Research Collection. If you consent to participate in the Research Study, your de-identified information may be submitted in a HIPAA-compliant manner to research databases. Any such research that results in medical advances, including new products, tests or discoveries, may have potential commercial value and may be developed and owned by Q Bio or the researchers that analyze the data. If any individuals or corporations benefit financially from studying your Health Information, no compensation will be provided to you or your heirs. Q Bio considers the content of the Research Study to be Confidential Information subject to the confidentiality obligations described below.
10. Benefits and Risks of Participation as a Registered Member
This Terms of Use reviews the benefits, risks and limitations of being a “Registered Member”, an individual that completes the registration process for an Account to participate in the Services and agrees to allow Q Bio to obtain results of the tests performed in the Gemini Exam. You cannot participate in the Services unless you confirm that you have read, understood, and agreed to the contents of this Agreement. Participation in the Services is voluntary and can be discontinued with written notification at any time. You are advised to seek medical advice prior to signing this Agreement.
10.1. Benefits of Participation as a Registered Member. Q Bio’s Services may help you discover or better understand information about your health. Upon your agreement to participate in Q Bio’s Services, Q Bio will collect your Health Information from third party providers and process the information such that Health Information is presented in an organized format that can readily be reviewed and used by you. If you choose, you can share your Health Information with your designated medical providers and other Non-Members, provided they abide by our policies, including the Non-Member Terms of Use and our Privacy Policy.
10.2. Risks of Participation as a Registered Member. The results of the tests performed in the Gemini Exam may reveal sensitive information about your health. Test results may reveal incidental, unsought information. Incidental information may lead you to consider further testing or treatments that may potentially result in unintended consequences. Results are based on currently available information in the medical literature and scientific databases. Because literature and scientific knowledge are constantly being updated, new information may replace or add to information used to analyze your samples or report your results. It is your responsibility to discuss the results and Health Information with your healthcare professional including but not limited to your primary care physician. You may be asked to sign additional consent forms for third party services.
11. Q Bio Does Not Provide Medical Advice
The information you learn from Q Bio Services is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. Q Bio will not use your Health Information to make a medical diagnosis, provide medical advice or treatment, or to order or conduct medical tests. You agree that the information in your Q Bio profile is intended for informational and educational purposes only, and that while your Health Information might bear on or be related to a medical condition, diagnosis or to a possible treatment, Q Bio does not provide medical advice and you should always consult with your healthcare providers regarding the Health Information provided to you through the Q Bio platform. They may recommend additional medical and clinical testing and further consultation regarding your health. Furthermore, there are certain third-party assays and tests that are conducted that are not FDA approved and therefore may need to be confirmed and further evaluated with standardized FDA approved tests. Q Bio urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the results of Q Bio Services or other Health Information contained in your Q Bio profile.
You acknowledge that your Health Information, whether transmitted directly to Q Bio by you or a third party, is solely your responsibility. This means that you, and not Q Bio, are entirely responsible for the content of your Health Information.
By accepting this Terms of Use, you acknowledge and agree that Q Bio is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Q Bio. Healthcare providers may require that you enter into a separate agreement between you and the healthcare provider. Any terms, conditions and policies of such healthcare providers are between you and the applicable healthcare provider, and are in addition to, and do not replace or supersede, this Terms of Use.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IN YOUR Q BIO PROFILE PROVIDED BY Q BIO IS PROVIDED “AS-IS” FOR EDUCATIONAL, INFORMATIONAL, AND RESEARCH PURPOSES.
12. Privacy and Data Security
The privacy and security of your Health Information that we maintain on your behalf is important to us. Details about Q Bio’s policies regarding privacy of Health Information, can be found at https://q.bio/privacy/.
13. Who to Contact
If you wish to ask questions regarding this Agreement, you may contact us at 1-415-967-7622 or support@q.bio.
Q Bio, Inc.
1411 Industrial Road
San Carlos, CA 94070
14. Responsibility for Misuse by Other Users
You acknowledge that by granting you access to the Services, we will rely on the assurances of the recipients of the information as to (a) their identity and credentials; (b) the purposes for which they are accessing the Platform; and (c) the nature and extent of the information to which they will have access. You acknowledge that, while the Services will contain certain technical safeguards against misuse of the Services, it will rely to a substantial extent on the representations and undertakings of users of the Services.
15. Ownership
15.1. Copyright and Trademarks. Q Bio and its suppliers own all rights, title and interest in the website and Services, including all associated intellectual property rights. The Services and the information and content available on the website and in the Services are protected by copyright, trademark, and other laws of the United States and throughout the world. Q Bio, Inc. and all other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks (“Marks”) of Q Bio and may not be used without permission in connection with any third-party products or services. All Marks displayed on the website and any Services are our property or the property of other third parties. You will not remove, alter or obscure any copyrights, Marks or other proprietary rights notices incorporated in or accompanying the website, or the Services.
15.2. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Q Bio through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Q Bio has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Q Bio an exclusive fully paid, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the website and Services. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16. Term and Termination
16.1. Term and Termination. Subject to this section, this Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the website or the Services in violation of this Agreement, or at the termination or expiration of this Agreement. Upon termination of your rights under this Agreement, your Account and right to access and use the Services will terminate immediately. Q Bio will continue to retain and use certain data as described in Section 2.
16.2. Effect of Termination. Upon termination of your rights under this Agreement, your Account and right to access and use the Services will terminate immediately, and you will no longer be eligible for participation in Q Bio services. Your Account will be deactivated, and scheduled appointments for Gemini Exams will be cancelled. Third parties to whom you grant access to your Account as Non-Members will no longer be able to see your Q Bio profile. After termination, you may contact Q Bio at any time to request a copy of your Health Information that remains on the Platform.
17. Disclaimer, Exclusion of Warranties, and Limitation of Liability
17.1. Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE SERVICES WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
17.2. No Warranties. ACCESS TO THE SERVICES AND THE INFORMATION CONTAINED ON THE SERVICES IS PROVIDED “AS IS”, “AS AVAILABLE,” AND “WHERE-IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES, OTHER HARMFUL CODE, OR UNAUTHORIZED ACCESS, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. Q BIO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17.4. Other Users. YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO AND ARE USING OUR SERVICES AND THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SERVICES RESULTING FROM ANY USER’S ACTIONS OR FAILURES TO ACT.
18. Compliance with Law
You are solely responsible for ensuring that your use of the Services complies with applicable law. We offer no assurance that your use of the Services under the terms of this Agreement will not violate any law or regulation applicable to you. You acknowledge that we may share your information with third parties if we determine in good faith, that disclosure of your information is necessary to (a) comply with a court order, warrant or other legal process; (b) protect the rights, property or safety of you, Q Bio or others; (c) investigate or enforce suspected breaches of this Agreement; or (d) allow our third-party partners to comply with their obligations under federal or state law.
19. General
19.1. Changes. This Agreement is subject to revision from time to time, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or when you access your Account. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new Registered Members of our website. Continued use of our website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, YOU AGREE THAT YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
19.2. Interpretation. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms of Use. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
19.3. Disclosures. Q Bio is located at the address in the Who to Contact section above. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
19.4. Electronic Communications. The communications between you and Q Bio use electronic means, whether you use the website or send us emails, or whether Q Bio posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Q Bio in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Q Bio provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
19.5. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
19.6. Entire Terms. This Agreement, along with the Privacy Policy and Research Study consent, constitutes the entire agreement between you and us regarding the use of the website and Services. For avoidance of doubt, the Research Study consent will control in any conflict between this Terms of Use and the Research Study consent. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
19.7. No Agency Relationship. Your relationship to Q Bio is never as an agent or partner of the Q Bio in the absence of an explicit written agreement to the contrary.
19.8. Assignment Rights. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Q Bio’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Q Bio may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
20. Notice
Any notices required under this Agreement may be sent to the email address, or may be sent by national carrier service or certified mail to the address listed in Section 13 above.
