1) Acceptance of Terms of Use

Please carefully read the following Terms of Use (“Terms”) before using the FORBIE Web site or mobile application (collectively the “Site”). By accessing and using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use this Site or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.

2) Permitted Users of Site

This Site is directed to persons 18 years of age or older. This Site and FORBIE do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Site. If you are under age 13, you are not permitted to use this Site or to submit any personally identifiable information to the Site.

3) Permitted Use of Site

(a) You are hereby granted permission to access and analyze the Anonymous Data that we make accessible through the FORBIE real-time API. In return for accessing and analyzing these data, we require that you acknowledge the people who contributed this information to FORBIE. For example, if you are a scientist, you could state in a publication “We thank the people with cancer who provided the Anonymous Data that made this discovery possible.”

(b) You agree not to access the Site by any means other than through a standard web browser or the FORBIE real-time streaming API. The content available through the Site (the “Content”) is the sole and exclusive property of FORBIE and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by FORBIE in writing or as specified in Section 3(a). Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by FORBIE, you are permitted to view and use the Site. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site except as stated in Section 3(a). You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.

4) Privacy Policy

Please review the Privacy Policy for the Site, listed HERE. If you do not agree with the Privacy Policy, you may not use the Site.

5) Proprietary Rights

Intellectual property: You acknowledge and agree that, as between FORBIE and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by FORBIE or its licensors and are protected by United States intellectual property laws and other applicable laws.

Copyright: Except as specified in Section 3(a), the text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of FORBIE or its content suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to FORBIE. Without limiting the foregoing, FORBIE.COM and FORBIE are registered trademarks of FORBIE. Unauthorized use of any trademark of FORBIE may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by FORBIE or of FORBIE by the third parties.

6) Your Indemnity of FORBIE

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FORBIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF FORBIE OR ANY THIRD PARTY.

7) Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

FORBIE may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FORBIE’s Copyright Agent a Notice containing the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help FORBIE locate content quickly); 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. FORBIE’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email (info @ forbie.com).

8) Links

Links to Other Websites and Search Results: The Site and apps may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of FORBIE and FORBIE is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and FORBIE disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that FORBIE shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of FORBIE or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with FORBIE or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) FORBIE reserves the right to revoke its consent to the link at any time and in its sole discretion.

9) Modifications to Site

FORBIE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that FORBIE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

10) Suspension and Termination Rights

FORBIE reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that FORBIE shall not be liable to you or any third party for any such suspension or termination.

11) Disclaimer

THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORBIE AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code.

THE INFORMATION PROVIDED ON THE SITE, THROUGH THE SERVICES, AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH FORBIE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOUR USE OF INFORMATION PROVIDED ON THE SITE AND THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR PROVIDED OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

NO DOCTOR-PATIENT RELATIONSHIP, OR OTHER HEALTH CARE PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE, THROUGH THE SERVICE OR THROUGH ANY OTHER COMMUNICATIONS FROM FORBIE. WE DO NOT IN ANY WAY ENDORSE ANY RESEARCH STUDY, CLINICAL TRIAL, NEWS REPORT, OR MEDICAL SERVICES DESCRIBED ON THE SITE. IN NO EVENT SHALL FORBIE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION ON THE SITE.

12) Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORBIE AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. IN NO EVENT SHALL FORBIE OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF FORBIE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

13) Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Sacramento, in the State of California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, FORBIE, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. FORBIE does not represent that the Site or Content are appropriate outside the United States of America.

14) Force Majeure

FORBIE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

15) Miscellaneous

These Terms set forth the entire understanding and agreement between you and FORBIE with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. FORBIE’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of FORBIE, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.

16) Questions?

Please direct any questions you may have about these Terms of Use, technical questions or problems with the Site, or comments or suggestions to FORBIE at support @ forbie.com.