1. ACCEPTANCE OF TERMS.

KBioBox LLC (KBioBox) owns and operates the website www.kbiobox.com (the Site). The Site, together with the content, forums, information sharing (including sharing of user generated content, User Content) and other services (including commercial portals) available at the Site, are collectively referred to as the Service.

The following are the current terms and conditions for use of the Service. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at the Site by KBioBox from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:

• Privacy
• Copyright

IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THIS SERVICE. COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SITE OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.

2. CHANGES.

KBioBox reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. KBioBox will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings at the Site or, in the case of registered Users, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following any such notice of any change to the Terms of Service constitutes User’s acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and KBioBox. KBioBox may terminate the Site or Service, in whole or in part, at any time.

3. ELIGIBILITY.

You must be at least 18 years of age to visit the Site and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. KBioBox will not collect personally identifiable information from any person that is actually known to us to be under the age of 18. If KBioBox becomes aware that a person under 18 has provided personally identifiable information, it will take steps to remove such information and terminate the respective account.

The term Users includes all registered and unregistered users that access or use the Site or any other aspect of the Service.

KBioBox may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

4. REGISTRATION.

Each User who completes the account registration process must provide KBioBox with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: to register, Users may be required to provide their name, email address, username and password. KBioBox may refuse to accept any User’s application to register in its sole discretion. Each User is solely responsible for maintaining the confidentiality of its account information, and is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service. User agrees to notify KBioBox immediately of any unauthorized use of User’s account or any other breach of security.

5. PRIVACY.

KBioBox’s current Privacy Policy is available at https://kbiobox.com/privacy which shall apply to any use of the Site or other aspect of the Service. KBioBox will not edit, delete or disclose the contents of a User’s data in connection with the Service unless (a) reasonably necessary to perform the Service, (b) authorized by the User, (c) otherwise permitted under the Privacy Policy or (d) KBioBox reasonably believes that such action is necessary to (i) conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) protect or defend the rights or property of KBioBox or any User or (iii) enforce the Terms of Service.

6. FORUMS.

The Site may include blogs or other discussion forums or features, where Users may post information or comments of interest to other Users (including without limitation, User Content). KBioBox has no obligation to monitor any User Content. Authentication of the true identity of Internet users is difficult, and so KBioBox cannot and does not confirm that each User is the person who they claim to be. User acknowledges that information provided by other Users may, despite the prohibitions set forth in the Terms of Service be harmful, inaccurate or deceptive.

7. USER RULES AND CONDUCT.

The Site and all other aspects of the Service are provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which the User is not authorized (including commercial portals) and any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties, raising money for anyone, or advertising or promoting any product, service, pyramid scheme or other venture) is expressly prohibited. Each User hereby promises that it will not use the Service for any purpose that is unlawful. User agrees to abide by all applicable local, state, national and international laws, regulations and rules.

By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback, or other service available on or through the Service, in any manner, that:

• is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms of Service;
• infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
• reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, or any other information that could be used to track, contact or impersonate that person;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
• imposes an unreasonable or disproportionately large load on KBioBox’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site or other aspects of the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of KBioBox or any third party;
• creates User accounts by any automated means or under false or misleading pretenses, including by the use of a false e-mail address;
• harvests, scrapes or collects any information from the Site;
• seeks to solicit information from or about minors;
• disguises the source of User Content posted by User; or
• impersonates any person or entity, including any employee or representative of KBioBox.

KBioBox may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of this section.

8. CONTENT.

KBioBox has no obligation to monitor the Service or any User’s use thereof. However, KBioBox reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).KBioBox does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, KBioBox and its agents have the right, at their sole discretion, to remove in whole or in part, at any time, any User Content that, in KBioBox’s judgment, does not comply with the Terms of Service or otherwise appears harmful, objectionable or inaccurate. KBioBox is not responsible for any failure or delay in removing any such content. User shall not post any confidential content or other information that it desires to keep secret.

9. THIRD PARTY SITES.

The Service may permit Users to access the Service from and to link from the Service to other websites on the Internet. These other websites are not under KBioBox’s control, and User acknowledges and agrees that KBioBox is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by KBioBox or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.

10. PROPRIETARY RIGHTS.

User acknowledges and agrees that the Site, Service (inclusing commercial portals)and all content and materials created by or for KBioBox and made available on the Site or otherwise via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and KBioBox (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by KBioBox, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Site, the Service (including commercial portals) or such content and materials. However, unless the Service otherwise restricts the User from doing so, User may print or download a reasonable number of copies of the materials or content from the Site for the User’s personal, noncommercial purposes; provided, that User retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without KBioBox’s express prior written permission.

Reproducing, copying or distributing any content, materials or design elements from the Site for any other purpose is strictly prohibited without KBioBox’s’s express prior written permission.

11. LICENSE OF USER CONTENT TO KBIOBOX.

By uploading, posting, submitting or otherwise distributing User Content of any kind to the Site or any other aspect of the Service, each User hereby:

• agrees to grant and does hereby grant to KBioBox and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to: use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing, advertising and promoting the Site and other aspects of the Service (including without limitation, being exported under content sharing arrangements with other websites); and to permit third parties to use User Content; and
• represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
• represents and warrants to KBioBox that User owns or otherwise controls all rights to such User Content and that public disclosure and use of the User Content by KBioBox (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
• acknowledges and agrees that the User Content is intended to and will be made available to, and used by KBioBox and other Users.

IMPORTANT: User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant KBioBox the use license, and to satisfy all of the warranty requirements, described above.

Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted by such User. Following any such removal, KBioBox will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by KBioBox at the Site; provided, however, User acknowledges and agrees that KBioBox may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, User Content used in any advertising created prior to removal) and that KBioBox shall have no responsibility or liability in respect of any content that has been exported by KBioBox or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices.

12. LICENSE OF FEEDBACK TO KBIOBOX.

KBioBox encourages ideas, suggestions and recommendations from Users regarding corrections, improvements and extensions to the Site and other aspects of the Services, as well as KBioBox’s products and services (collectively, Feedback). If User provides any Feedback to KBioBox in any form or by any means (whether through the Site or other aspect of the Service, or by direct communication (e.g., email) with KBioBox or any of its officers, directors, employees, representatives, agents or Site Affiliates):

• User represents and warrants that the Feedback does not include any confidential or proprietary information of User or any third party;
• User acknowledges and agrees that KBioBox is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
• User agrees to grant and does hereby grant to KBioBox and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner and for any purpose, and to permit third parties to do the same.

IMPORTANT: User agrees that he or she will not contribute any Feedback unless User has all of the rights (including rights from the owner of any intellectual property right embodied therein) necessary to grant KBioBox the use license described above.

13. TERMINATION.

KBioBox may terminate any User’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate its registration and account, User may do so at any time from https://kbiobox.com/

Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 10 – 22 shall survive. After termination, KBioBox has no obligation to maintain any content in User’s account or to forward any unread or unsent messages to User or any other User or third party.

14. DISCLAIMER OF ALL WARRANTIES.

THE SITE AND OTHER ASPECTS OF THE SERVICE ( INCLUDING COMMERCIAL PORTALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE AND OTHER ASPECTS OF THE SERVICE (INCLUDING COMMERCIAL PORTALS) ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KBIOBOX AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.

15. LIMITATION OF LIABILITY.

User agrees that KBioBox shall not be responsible or liable for any unauthorized access to, alteration or use of User’s account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that KBioBox is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.

IN NO EVENT SHALL KBIOBOX (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER related to the SITE OR OTHER ASPECTS OF THE service (including commercial portals), regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) damages, IN THE AGGREGATE, in excess of US$50.00, EVEN IF KBIOBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

16. INDEMNIFICATION.

User agrees to (a) defend KBioBox and its employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction with any Site Affiliate or other User in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and (b) indemnify KBioBox for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. KBioBox reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with KBioBox in asserting any available defenses.

17. INTERNATIONAL USE.

KBioBox makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.

18. DISPUTES; CHOICE OF LAW AND FORUM.

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and KBioBox agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Site or Service shall be filed only in the state or federal courts located in Boston, Massachusetts, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

19. INTEGRATION AND SEVERABILITY.

The Terms of Service (including the Policies) are the entire agreement between User and KBioBox with respect to access, use and operation of the Site and other aspects of the Service,(including commercial portals) and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and KBioBox with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.

20. GENERAL PROVISIONS.

User’s rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or sublicensable by User except with KBioBox’s prior written consent. KBioBox may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

21. COPYRIGHT AND TRADEMARK NOTICES.

All content provided by KBioBox is protected by applicable U.S. and international copyright laws. KBioBox is the registered trademark of KBioBox llc.

Any rights not expressly granted herein are reserved.

22. COPYRIGHT POLICY.

User’s rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or sublicensable by User except with KBioBox’s prior written consent. KBioBox may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

23. CONTACT.

If you have any questions regarding these Terms of Service or your dealings with the Service, please visit https://kbiobox.com/ or contact KBioBox at:

KBioBox LLC
Attn: Terms of Use
4 Tyson Terrace
Worcester MA 01606
info@kbiobox.com