Terms of Use for Life Sciences Platform

1. Accepting the Terms

Your Acceptance. By visiting the Site or using the Services, you agree to be bound by these Terms of Use and AllStripes’ Privacy Policy. These Terms of Use and the Master Subscription Agreement and applicable Statement of Work or Order Form entered into by and between your Sponsoring Institution and AllStripes (collectively “MSA”), including any policies incorporated therein, constitute your agreement (“Terms”) with AllStripes. Sponsoring Institution means the organization you are employed by, contracted by, or are otherwise affiliated with. Capitalized terms used in these Terms not defined herein shall have the meaning set forth in the MSA. In the event of a conflict between agreements, this document shall control.

How Not to Accept the Terms. Please do not access or use the Services if you do not accept the Terms. If at any time you do not agree to the Terms, You must contact us and no longer access or use our Services.

Changes to these Terms or our Services. Please note, AllStripes is always improving, expanding and growing its product and service offerings, and such changes or additions may be governed by different terms of service (please see the section below, “Modifications to Service”). In addition, AllStripes may choose to modify, replace, update or change (collectively, “amend”) the Terms from time to time without prior notice to you. Such amendments will become effective upon posting to the Site, via the Services, or by sending you an email or other notification. While we will use commercially reasonable efforts to inform you of material updates to the Terms, it is your responsibility to check these Terms periodically for changes based on the “Updated” date at the top of the Terms of Use. By continuing to use the Services after the date on which the Terms have changed, you agree to accept all such amendments to the Terms. 

2. Description of the Services

AllStripes is an online Platform that enables access to de-identified health information (“Health Information”), including through dashboards, figures and insights. “Services” means the products and services purchased by You or your Sponsoring Institution and provided by AllStripes, as specified on an Order Form and SOW. Services excludes free Services, free trials or pre-release or beta Services, and Third Party Products or Services.

3. Accuracy and Limitations of the Services

AllStripes cannot guarantee that the content, quality, interpretation, or recommendations contained in Health Information is 100% accurate or comprehensive. Our Services are limited by current technology as well as scientific and medical knowledge and third party actions and omissions, and are subject to change. By using the Services, you acknowledge and agree that you are aware of and will assume the risks of the limitations of the Services as described below. You agree and accept that:

• while we perform quality control on our processes and procedures, we are not responsible for the content, quality, interpretations or recommendations of any Health Information including the underlying records (including, for example, any genetic or genomic testing or other laboratory testing included within such records);
• Health Information is limited by current technology  as well as scientific and medical knowledge and third party actions and omissions, and is subject to change based on technological innovations;
• any analysis conducted on Health Information is based on current knowledge and data provided, and our analysis may change based on new knowledge in the future; and
• some claims or interpretations on our Services may not be validated by the scientific and/or medical community, or the Food and Drug Administration (“FDA”).

4. Representation & Warranties

In addition to any other representations and warranties contained in the Terms, you agree that you have the authority, under the laws of the jurisdiction in which you reside, to make the following representations:

• you are eighteen (18) years of age or older;
• you are an Authorized User of a Sponsoring Institution with an active and current subscription under a MSA
• you confirm that the use or access of our Services is not a violation of any export or import ban, or similar restriction in the country in which you reside;
• you confirm that you will not use or access our Services in violation of any law, including privacy and data protections laws; in particular, you agree you will not use the Platform to violate the privacy of others including re-identifying or attempting to re-identify an individual whose data has been provided in de-identified form (for example, by combining such data with other data not available to us);
• you confirm that you are not a competitor, data reseller, data aggregator, data licensor, data broker or any other individual or entity attempting to obtain information for any competitive or unauthorized purposes;
• the information you provide to us and our affiliates, including on user account creation, is complete, accurate, and up-to-date; and
• you confirm you have read and understood and will comply with the requirements of Section 5, Unlawful or Prohibited Use).

If you or someone else using your account violates the foregoing representations, AllStripes has the right to suspend or terminate part of or the entirety of your account on a temporary or permanent basis at its sole discretion and without notice.

5. Unlawful or Prohibited Use

Please help us provide a safe and stable environment. By using or accessing the Services provided by AllStripes or any of its affiliates, you represent and warrant that you will not:

• post or transmit files that contain viruses, worms, Trojan horses or any other contaminating or destructive features that may interfere with the proper functioning of the Services;
• attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party’s use of the Services, including any security component of AllStripes’ Services;
• attempt to probe, scan, or test the vulnerability of any AllStripes system or network or breach any security or authentication measures without the intent to report such vulnerability to AllStripes;
• access, tamper with, or use non-public areas of the Services, AllStripes’ computer systems, or the technical delivery systems of AllStripes’ providers;
• to attack the Services with a denial-of-service attack or a distributed denial-of-service attack;
• solicit or gain unauthorized access to the Services, to other users’ accounts, personal information or Patient Information;
• attempt to copy, recreate, decipher, decompile, disassemble, or reverse-engineer the Services or any part thereof in any way;
• use the Services for any commercial purpose beyond what is expressly authorized in the MSA;
• use the Services to collect information to file a legal claim against a third-party;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological or security measure implemented by AllStripes or any other third party to protect the Services;
• exploit, harm or otherwise attempt to exploit or harm minors in any way;
• interfere or attempt to interfere with other patients and users’ access, use or enjoyment of the Services;
• defame, abuse, stalk, threaten, intimidate, harass or otherwise inhibit the use or enjoyment of any user, employee, affiliate, staff, or agent of AllStripes, or which, as determined by AllStripes, may harm AllStripes or others using the Services or expose them to liability;
• create a hostile environment for any other user, employee, physician, or other affiliate of AllStripes based on such person’s race, age, national origin, disability, gender or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity;
• use any robot, spider, scraper, harvesting bots, or other means automated or otherwise to access, or equivalent manual processes to access, acquire, copy, or monitor the Services or from the websites or other interfaces through which we make our Services available in any manner;
• misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated with AllStripes, its affiliates or any other natural person that is not you);
• do anything that is illegal, infringing, misleading, discriminatory, fraudulent, malicious, prohibited by the Terms or other policies or notices, or could expose AllStripes and its affiliates or users to harm or liability;
• to transmit, or procure sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• facilitate or encourage any violations of the Terms, conditions, or notices on the Services; and,
• intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

Any of the foregoing may result in actions, including but not limited to, suspension or termination of your account and access to the Site and the Services. If you have knowledge of or suspicions that an individual is acting or has acted inappropriately in violation of our Terms, you should immediately report such persons to AllStripes by contacting ls-support@allstripes.com. You acknowledge and agree that your report to us does not obligate us to take any action beyond what is required by law or cause us to incur any liability to you or others.

6. Third-Party Products and Services

6.1 Third Party (or “Non-AllStripes”) Products and Services. AllStripes or third parties may make available third-party products or services, including, for example, Non-AllStripes applications and implementation and other consulting services. Any acquisition by Sponsoring Institution of such products or services, and any exchange of data between Sponsoring Institution and any Non-AllStripes provider, product or service is solely between  Sponsoring Institution and the applicable Non-AllStripes provider. AllStripes does not warrant or support Non-AllStripes Applications or other Non-AllStripes products or services. AllStripes is not responsible for any disclosure, modification or deletion of customer data resulting from access by such Non-AllStripes application or its provider. 

6.2 Integration with Third Party (or “Non-AllStripes”) Applications. The Services may contain features designed to interoperate with Non-AllStripes applications. AllStripes cannot guarantee the continued availability of such Service features, and may cease providing them without entitling Sponsoring Institution to any refund, credit, or other compensation, if for example and without limitation, the provider of a Non-AllStripes application ceases to make the Non-AllStripes application available for interoperation with the corresponding Service features in a manner acceptable to AllStripes. 

7. Fees

Fees for AllStripes’ Services shall be charged based on the MSA between your Sponsoring Institution and AllStripes. AllStripes is not responsible for Third Party transactions on the Services. Your interactions with entities or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. If there is a dispute between you and any third party, you understand and agree that AllStripes is under no obligation to become involved.

8. Privacy

In connection with the Services, we may ask you to provide or collect information that can be used to identify you (“Personal Information”), such as account information, including name, email, address, and password; other information requested through support inquiries, web forms, surveys or postings; and operational and transactional information, including usage, log and cookie information when you use our Services. Any information that is anonymized or aggregated is no longer Personal Information.

Your Personal Information may be used by AllStripes and its affiliates for various purposes, including to provide the Services (e.g., provide functionality, support, privacy and security, and maintain, monitor, improve, optimize and promote the Services) and related communications, to enforce the Terms and our policies and to maintain legal and regulatory compliance. We may use third party service providers to support any of the foregoing purposes on our behalf. We may also share your Personal Information to support company operations and compliance, including in connection with a merger, sale or other corporate change and comply with regulatory requests. We may process your Personal Information outside of your country.

9. Security

AllStripes’ Security Safeguards. We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and AllStripes does not and cannot guarantee that data in our Services, including Health and Personal Information, will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services. In general, we keep your information for as long as necessary to deliver our Services or to comply with applicable law.

Your Responsibility for Keeping Your Data Safe. You are responsible for selecting a strong password, maintaining the confidentiality of your username and password, and for any activities that occur under your username or account. You agree not to provide any other person or entity with any part of or all of your account login information to our Services. You agree to notify us immediately of any unauthorized access to or use of your username or account or any other breach of security. AllStripes is not responsible for any losses due to stolen or hacked passwords.  You cannot and will not hold AllStripes or its affiliates liable for any loss or damage arising out of your failure to comply with this Section.

10. License to Feedback

We welcome your feedback, suggestions and comments for improvements to our Services (“Feedback”). You can submit Feedback by email, phone, or in writing. If you submit Feedback to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license, including any worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. We may use our license to such Feedback to use, copy, modify, create derivative works based on and otherwise use the Feedback for any purpose. 

11. Intellectual Property Rights

You acknowledge and agree that AllStripes (or AllStripes’ licensors, as applicable) owns all legal right, title and interest in and to the content from our Site and Services, including, but not limited to, text, software, images, photos, diagrams, videos, trademarks, logos, features, functionality, and other materials, including intellectual property rights which subsist in the Services or content whether those rights are registered or not, and wherever in the world those rights may exist. The Services and Site, and its content, are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Site or Services cannot be copied, reproduced, redistributed, transmitted, uploaded, republished, or used in any way without express written permission from AllStripes.

12. User Content

Our Services may allow you to submit, post, publish, display, or transmit content or materials to us, to the Services or to other users or persons (“User Content”). We have no obligations with respect to User Content, and you are solely responsible for all your User Content. We host and provide access to this information for you, as well as tools that allow you to post and share User Content. However, by submitting, posting, or displaying User Content, you give us, and our affiliates, collaborating partners and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, translate, adapt, reformat, perform, display, distribute and otherwise disclose to third parties any such User Content for any purpose according to your account settings and our policies. Please be aware that we cannot control and are not responsible for the distribution of any of your information that you share publicly or with third parties.

You represent and warrant that you: (i) own and control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) your User Content complies with the Terms; and (iii) your User Content is not inaccurate, misleading or false. You agree that if you breach the above warranties, then you are liable to us and indemnify us for any loss or damage we suffer as a result of your breach.

You understand that we may retain, modify, refuse, filter, move, disclose or remove any User Content if we believe that we are required to do so by law, or we deem such retention, disclosure or removal as necessary or appropriate in our sole discretion to (i) comply with our legal obligations or government requests; (ii) enforce the Terms; (iii) respond to claims that any User Content violate the rights of third parties; and (iv) protect the rights, safety, or property of the Services, the public, or other users.

13. Indemnity

You agree to indemnify, defend, and hold harmless AllStripes and its subsidiaries, affiliates, directors, officers, employees, agents, partners, successors, assigns, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of any of these Terms; your activities in connection with the Site and the Services; or due to or arising out of your User Content you submit, post, or transmit through our Services. You agree to cooperate as reasonably required in the defense of any such claim. AllStripes reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of AllStripes.

14. Modification to Service

AllStripes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the AllStripes features or Services, and (ii) AllStripes shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We are not liable if for any reason all or part of our Services are experiencing a Modification of Service at any time or for any period. This provision is void where prohibited by law, and the right to access the Site or Services is revoked in such jurisdictions.

You understand and acknowledge that AllStripes and its affiliates may charge a fee for any different or additional services or technologies not included in your initial purchase of the Services. Your initial purchase of our Services does not entitle you to any different or additional services or technologies AllStripes may offer, and you may have to pay additional fees to obtain such future services or technologies.

15. Termination

If you want to close your account, you may do so by notifying AllStripes 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 AllStripes’ address, which is set out at the bottom of the Terms, or online via support@allstripes.com. If you provide notice online, AllStripes 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.

We may terminate your access to your account or use of the Services or any features or services at any time and for any reason without notice if you violate or we suspect you of violating these Terms. For example, AllStripes will terminate access to the Services if we determine you infringed third party rights or are in breach of the Terms. Upon such termination, you must destroy all materials obtained from this Site or the Services and all copies thereof, unless AllStripes and your Sponsoring Institution have agreed to otherwise under an applicable MSA. The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold AllStripes and its affiliates harmless from any and all liability that may incur therefore.

16. Disclaimer of Warranties

THE SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, 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. ALLSTRIPES RESEARCH INC HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. ALLSTRIPES RESEARCH INC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, QUALITY, COMPATIBILITY, SECURITY, ERROR-FREE NATURE, OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES; (II) EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY USE OF OR RELIANCE ON THE SITES, CONTENT, OR SERVICES, OR FOR ANY DISRUPTIONS TO OR DELAY IN THE SITES, CONTENT, OR SERVICES; AND (III) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALLSTRIPES RESEARCH INC, ITS EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, CONTENT PROVIDERS, OR THIRD PARTIES (COLLECTIVELY, “THIRD PARTIES”), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER INTANGIBLE LOSSES (HOWEVER ARISING, EVEN IF ALLSTRIPES RESEARCH INC OR ITS THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES OR IN CONNECTION WITH OUR SERVICES; (F) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENT; (G) ANY ACTIONS TAKEN BY ALLSTRIPES RESEARCH INC OR ITS THIRD PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ALLSTRIPES RESEARCH INC, LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES; (H) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY THE INDIVIDUAL OR ENTITY CLAIMING SUCH AUTHORITY.

THE MAXIMUM LIABILITY OF ALLSTRIPES RESEARCH INC AND ITS THIRD PARTIES TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, DURING THE LAST TWELVE MONTHS TO ALLSTRIPES, OR THE AMOUNT SET FORTH IN THE MSA. NOTWITHSTANDING THE FOREGOING SENTENCE, IF YOU RECEIVED FREE SERVICES, INCLUDING WITHOUT LIMITATION A FREE TRIAL OR PRE-RELEASE, BETA OR OTHER FREE FUNCTIONALITY OR SERVICE, THE MAXIMUM LIABILITY OF ALLSTRIPES RESEARCH INC AND ITS THIRD PARTIES TO YOU FOR SUCH FREE SERVICES FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED USD $500.00. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE REASONABLE ALLOCATIONS OF RISK AND ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Dispute Resolution

Any disputes under these Terms will be subject to arbitration. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by AllStripes or persons employed or engaged by AllStripes were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

You acknowledge and agree that both parties to the Terms waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in San Francisco County, California, U.S.A.

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and AllStripes will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of San Francisco County in the State of California or a United States District Court, Northern District of California located in San Francisco, and waive any objection to such jurisdiction or venue.

19. Miscellaneous

19.1 Entire Agreement. The Terms constitute the entire agreement between AllStripes and you; provided, however, that certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Services. You may also be subject to additional terms, conditions or policies that may apply when you access or use the services, content or software of our affiliates, third parties or collaborating partners.

19.2 Assignment. You may not assign or delegate any rights or obligations under the Terms, and any such attempts will be ineffective. AllStripes can freely assign or delegate all rights and obligations under the Terms in part or in its entirety without notice to you.

19.3 No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

19.4 Governing Law. Except to the extent they are preempted by U.S. federal law or mandatory laws of any other jurisdiction, the laws of the State of California without regard to conflicts of law principles govern any legal action or proceeding between AllStripes and you arising out of or related to the Terms, including your use and access to the Services or any other content. Any such legal action or proceeding will be conducted in the English language.

19.5 Waiver and Severability. A failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.

19.6 Third Party Links. Our Services provide, and third parties may provide, hyperlinks to other sites, resources, or materials. We have no control over such hyperlinks. You acknowledge and agree that AllStripes is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such hyperlinks. Furthermore, you acknowledge and agree that AllStripes 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 use of, or reliance on any such content, goods, or services available on or through any such hyperlinked third-party sites, resources or materials.

19.7 U.S. Export Laws. The software, technology, and other information made available through the Services are further subject to United States export controls and, potentially, the export and import laws of your jurisdiction. You agree to comply with all local rules regarding online conduct and acceptable content when using our Services. You agree that (i) your provision of a sample is not subject to any export ban or restriction in the country in which you reside; and (ii) your sample and data may be transferred or processed outside of the country in which you reside. No software, technology or other information from our Services may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from our Services in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

19.8 Notices. Our notices to you may be made via either email, phone, text/SMS or similar messaging services or regular mail based on the information we have on file and as permitted by applicable law. If you choose to receive text or SMS communications from AllStripes, message and data rates may apply. Please keep your contact information up-to-date so that we can continue to send you notices uninterrupted. AllStripes may also provide notices of changes to the Terms or other policies or matters by displaying notices or links to notices on the Services. Official notices to AllStripes related to the Terms (e.g., your rejection of the arbitration terms, etc.) must be sent to: email: support@allstripes.com

19.9 Headings. The section titles herein are for your convenience only and have no legal or contractual effect.

20. Contact Us

If there are any questions regarding AllStripes or the Terms, please contact us at: support@allstripes.com.