Definitions
a. "GenoSolutions" means GenoSolutions,
Inc., whose principal place of business is at 16700 Valley View Ave. Suite 300,
La Mirada, CA 90638..
b.
"Product
Development" means research
performed for the purpose of new product development and new product
development activities performed by GenoSolutions on de-identified user data.
These activities may include, among other things, improving our Services and/or
offering new products or services to you; performing quality control
activities; conducting data analysis that may lead to and/or include
commercialization with a third party.
c. "Service" or "Services" means
GenoSolutions's products, software, services, and website (including but not
limited to text, graphics, images, and other material and information) as
accessed from time to time by the user, regardless if the use is in connection
with an account or not.
d. "Personal
Information" is information that can be used to identify you, either alone or in
combination with other information. GenoSolutions collects and stores the
following types of Personal Information:
a. "Registration
Information" is the information you provide about yourself when registering for
and/or purchasing our Services (e.g. name, Date of Birth, Sex, email, address, Mobile
No., user ID and password, and payment information, etc.).
b. "Genetic
Information" is information regarding your genotype (e.g. the As, Ts, Cs, and Gs
at particular locations in your genome), generated through processing of your
buccal swab or saliva sample by GenoSolutions or by its contractors,
successors, and assignees; or otherwise processed by and/or contributed to
GenoSolutions.
c. "Self-Reported
Information" is all information about yourself, including your personal traits,
and other information that you enter into surveys, forms, or features while
signed in to your GenoSolutions account. The service provider is not
responsible for any problems arising due to provision of erroneous details. Self-Reported
Information is included in GenoSolutions only if it has been indicated for
GenoSolutions use on the website and if you have given consent according to the
applicable Consent Document.
d.
"Web Behavior
Information" is information on
how you use the GenoSolutions website (e.g. browser type, domains, page views)
collected through log files, cookies, and web beacon technology.
e.
"Aggregated Genetic and Self-Reported Information" is Genetic and
Self-Reported Information that has been combined with that of other users and
analyzed or evaluated as a whole, such that no specific individual may be
reasonably identified.
Acceptance of Terms
Your use of GenoSolutions's
Services (excluding any services provided by GenoSolutions under a separate
agreement) is subject to the terms of the legal agreement between you and
GenoSolutions set forth in these Terms of Service ("TOS").
Except as specified herein, these TOS apply to any use of the Services,
including but not limited to a) submitting a buccal swab or saliva sample for
DNA extraction and processing, b) uploading a digital version of your Genetic
Information and interacting with it on the GenoSolutions website, and/or c)
creating and using a free GenoSolutions account without providing your buccal
swab or saliva sample or Genetic Information. In order to use the Services, you
must first agree to the TOS. You may not use the Services if you do not accept
the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS,
where this option is made available to you by GenoSolutions for any Service; or
by (2) actually using the Services. In this case, you acknowledge and agree
that GenoSolutions will treat your use of the Services as acceptance of the TOS
from that point onwards. In addition, when using particular GenoSolutions
Services, you shall be subject to any guidelines or rules applicable to such
services that may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. GenoSolutions also may offer
other services from time to time that are governed by different terms of
service.
Prerequisites
a.
Whether you submit your own buccal swab or saliva sample, a buccal swab or
saliva sample for anyone for whom you have legal authority to agree, or
otherwise provide your own Genetic Information, you may not use the Services
and may not accept the TOS if (1) you are not of legal age to form a binding
contract with GenoSolutions, or (2) you are a person barred from receiving the
Services under the laws of the jurisdiction in which you are resident or from
which you use the Services.
b.
In addition to the conditions above, if you contribute or otherwise
provide your own Genetic Information, you must be eighteen (18) years of age or
older to agree to these TOS on behalf of yourself or those for whom you have
legal authority to agree.
c. If your use of the Services
includes creating a GenoSolutions account, without submitting a buccal swab or
saliva sample or otherwise providing Genetic Information, you must be eighteen
(18) years of age or older to use the Services and accept the TOS.
Description of the Services
The Services include access to
the GenoSolutions public website and personal genotyping services, including
the collection and analysis of your buccal swab or saliva sample. Unless
explicitly stated otherwise, each new feature that augments or enhances the
current Service shall be subject to the TOS. You acknowledge and agree that the
Services are provided "AS-IS" and are based on the current state of
the art of genetic research and technology in use by GenoSolutions at the time
of the purchase or viewing. As research progresses and scientific knowledge and
technology evolve, GenoSolutions is constantly innovating in order to provide
the best possible experience for its users. You acknowledge and agree that the
form and nature of the Services which GenoSolutions provides may change from
time to time without prior notice to you. As part of this continuing
innovation, you acknowledge and agree that GenoSolutions may stop (permanently
or temporarily) providing some Services (or any features within the Services)
to you or to users generally at GenoSolutions's sole discretion, without prior
notice to you. You may stop using the Services at any time. You do not need to
specifically inform GenoSolutions when you stop using the Services unless you
are requesting closure of your account. GenoSolutions assumes no responsibility
for the use of Services outside the terms of this TOS or other applicable
terms.
In order to use the Services,
you must obtain Internet access, either directly or through devices that access
web-based content, and pay any service fees associated with such access. You
are solely responsible for paying such fees. In addition, you must provide all
equipment necessary to make such Internet connection, including a computer and
modem or other access device. You are solely responsible for providing such
equipment. You acknowledge and agree that while GenoSolutions may not currently
have set a fixed upper limit on the number of transmissions you may send or
receive through the Services or on the amount of storage space used for the
provision of any Service, such fixed upper limits may be set by GenoSolutions
at any time, at GenoSolutions's discretion.
Risks and Considerations
Regarding GenoSolutions Services
Once
you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any
information we may be able to provide to you, whether now or as genetic
research advances, will be welcome or positive. You should also understand that
as research advances, in order for you to assess the meaning of your DNA in the
context of such advances, you may need to obtain further services from
GenoSolutions, your physician, a genetic counselor, or other health care
provider.
We encourage you to talk to a
genetic counselor, a health professional with special training in genetic
conditions, prior to collecting your sample for testing to learn more so you
can make an informed decision about whether testing is right for you. A genetic
counselor also can help you understand your results and options.
Some
people feel a little anxious about getting genetic health results. This is normal. If you feel
very anxious, you should speak to your physician or a genetic counselor prior
to collecting your sample for testing.
You may
learn information about yourself that you do not anticipate. This information may evoke
strong emotions and has the potential to alter your life and worldview. You may
discover things about yourself that trouble you and that you may not have the
ability to control or change (e.g., your father is not genetically your father,
surprising facts related to your ancestry, or that someone with your genotype
may have a higher than average chance of developing a specific condition or
disease). These outcomes could have social, legal, or economic implications.
The
laboratory may not be able to process your sample, and the laboratory process
may result in errors. The laboratory may not be able to process your sample if your saliva does
not contain a sufficient volume of DNA, you do not provide enough saliva, or
the results from processing do not meet our standards for accuracy.* If
the initial processing fails for any of these reasons, GenoSolutions will
reprocess the same sample at no charge to the user. If the second attempt to
process the same sample fails, GenoSolutions will offer to send another kit to
the user to collect a second sample at no charge. If the user declines this
option, the user is entitled solely and exclusively to a complete refund of the
amount paid to GenoSolutions, less shipping and handling, provided that the
user shall not resubmit another sample through a future purchase of the
service. If the user opts to receive another sample collection kit and
GenoSolutions's attempts to process the second sample are unsuccessful, GenoSolutions will not send additional
sample collection kits and the user will be entitled solely and exclusively to
a complete refund of the amount paid to GenoSolutions, less shipping and
handling, provided the user shall not resubmit another sample through a future
purchase of the service. If the user breaches this policy agreement and
resubmits another sample through a future purchase of the service and
processing is not successful, GenoSolutions will not offer to reprocess the
sample or provide the user a refund. Even for processing that meets our high
standards, a small, unknown fraction of the data generated during the
laboratory process may be un-interpretable or incorrect (referred to as
"Errors"). As this possibility is known in advance, users are not
entitled to refunds where these Errors occur.
You
should not change your health behaviors solely on the basis of information from
GenoSolutions. Make sure to discuss your Genetic Information with a physician or other
health care provider before you act upon the Genetic Information resulting from
GenoSolutions Services. For most common diseases, the genes we know about are
only responsible for a small fraction of the risk. There may be unknown genes,
environmental factors, or lifestyle choices that are far more important
predictors. If your data indicate that you are not at elevated genetic risk for
a particular disease or condition, you should not feel that you are protected.
The opposite is also true; if your data indicate you are at an elevated genetic
risk for a particular disease or condition, it does not mean you will
definitively develop the disease or condition. In either case, if you have
concerns or questions about what you learn through GenoSolutions, you should
contact your physician or other health care provider.
Genetic
research is not comprehensive. While we measure many hundreds of thousands of data
points from your DNA, only a small percentage of them are known to be related
to human traits or health conditions. In addition, many ethnic groups are not
included in genetic studies. Because interpretations provided in our service
rely on these published studies, some interpretations may not apply to you.
Future scientific research may change the interpretation of your DNA. In the
future, the scientific community may show previous research to be incomplete or
inaccurate.
Genetic
Information you share with others could be used against your interests. You should be careful about
sharing your Genetic Information with others. Currently, very few businesses or
insurance companies request genetic information, but this could change in the
future. While the Genetic Information Nondiscrimination Act was signed into law
in the United States in 2008, its protection against discrimination by
employers and health insurance companies for employment and coverage issues has
not been clearly established. In addition, GINA does not cover life, long-term
care, or disability insurance providers. Some, but not all, states and other
jurisdictions have laws that protect individuals with regard to their Genetic
Information. You may want to consult a lawyer to understand the extent of legal
protection of your Genetic Information before you share it with anybody.
Furthermore, Genetic
Information that you choose to share with your physician or other health care
provider may become part of your medical record and through that route be
accessible to other health care providers and/or insurance companies in the
future. Genetic Information that you share with family, friends or employers
may be used against your interests. Even if you share Genetic Information that
has no or limited meaning today, that information could have greater meaning in
the future as new discoveries are made. If you are asked by an insurance
company whether you have learned Genetic Information about health conditions
and you do not disclose this to them, this may be considered to be fraud.
GenoSolutions
Services are for research, informational, and educational use only. We do not
provide medical advice. The Genetic Information provided by GenoSolutions is for research,
informational, and educational use only. The Services are not intended to be
used by the customer for any diagnostic purpose and are not a substitute for
professional medical advice. You should always seek the advice of your
physician or other health care provider with any questions you may have
regarding diagnosis, cure, treatment, mitigation, or prevention of any disease
or other medical condition or impairment or the status of your health.
GenoSolutions does not
endorse, warranty or guarantee the effectiveness of any specific course of
action, resources, tests, physician or other health care providers, drugs,
biologics, medical devices or other products, procedures, opinions, or other
information that may be mentioned on our website. If we provide to you on our
website any recommendations that identify for you, based on your Genetic and
Self-Reported Information and scientific literature or research, potentially
actionable information, this information is intended for informational purposes
only and for discussion with your physician or other healthcare provider. As
explained on our website, GenoSolutions believes that (a) genetics is only part
of the picture of any individual's state of being, (b) the state of the
understanding of Genetic Information is rapidly evolving and at any given time
we only comprehend part of the picture of the role of genetics, and (c) only a
trained physician or other health care provider can assess your current state
of health or disease, taking into account many factors, including in some cases
your genetics as well as your current symptoms, if any. Reliance on any
information provided by GenoSolutions, GenoSolutions employees, others
appearing on our website at the invitation of GenoSolutions, or other visitors
to our website is solely at your own risk.
User Representations
By accessing GenoSolutions
Services, you agree to, acknowledge, and represent as follows:
a.
You understand that information you learn from GenoSolutions is not
designed to independently diagnose, prevent, or treat any condition or disease
or to ascertain the state of your health in the absence of medical and clinical
information. You understand that the GenoSolutions services are intended for research,
informational, and educational purposes only, and that while GenoSolutions
information might point to a diagnosis or to a possible treatment, it should
always be confirmed and supplemented by additional medical and clinical testing
and information. You acknowledge that GenoSolutions urges you to seek the
advice of your physician or other health care provider if you have questions or
concerns arising from your Genetic Information.
b.
You give permission to GenoSolutions, its contractors, successors and assignees
to perform genotyping services on the DNA extracted from your buccal swab or
saliva sample and you specifically request GenoSolutions to disclose the
results of analyses performed on your DNA to you and to others you specifically
authorize.
c. You represent that you are
eighteen (18) years of age or older if you are providing a buccal swab or
saliva sample or accessing your Genetic Information.
d.
You are guaranteeing that any sample you provide is your buccal swab or
saliva; if you are agreeing to these TOS on behalf of a person for whom you
have legal authorization, you are confirming that the sample provided will be
the sample of that person.
e.
If you are a customer outside the U.S. providing a saliva sample, you
confirm that this act is not subject to any export ban or restriction in the
country in which you reside.
f. You agree that any buccal swab
or saliva sample you provide and all resulting data may be transferred and/or
processed outside the country in which you reside.
g.
You are warranting that you are not an insurance company or an employer
attempting to obtain information about an insured person or an employee.
h.
You are aware that some of the information you receive may provoke strong
emotion.
i. You take responsibility for
all possible consequences resulting from your sharing with others access to
your Genetic Information and your Self-Reported Information.
j.
You understand that all your Personal Information will be stored in
GenoSolutions databases and will be processed in accordance with the
GenoSolutions Privacy Statement.
k. Waiver of Property Rights: You
understand that by providing any sample, having your Genetic Information
processed, accessing your Genetic Information, or providing Self-Reported
Information, you acquire no rights in any research or commercial products that
may be developed by GenoSolutions or its collaborating partners. You
specifically understand that you will not receive compensation for any research
or commercial products that include or result from your Genetic Information or
Self-Reported Information.
You
agree that you have the authority to provide these representations. In case of
breach of any one of these representations GenoSolutions has the right to
suspend or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof) and you will defend and indemnify
GenoSolutions and its affiliates against any liability, costs, or damages
arising out of the breach of the representation.
Account Creation, Customer
Account, Password, and Security Obligations
In consideration of your use
of the Services, you agree to: (a) provide true, accurate, current, and
complete Registration Information about yourself as prompted by the Service;
and (b) maintain and promptly update the Registration Information to keep it
true, accurate, current, and complete. If you provide any Registration
Information that is untrue, inaccurate, not current, or incomplete, or if
GenoSolutions has a reasonable ground to suspect that such information is
untrue, inaccurate, not current, or incomplete, GenoSolutions has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). The Services are for use only in the
country to which your sample collection kit was shipped from GenoSolutions.
After you have purchased our
Service, you will create a password and account designation. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. If
you allow third parties to access GenoSolutions's website through your username
and password, you will defend and indemnify GenoSolutions and its affiliates
against any liability, costs, or damages, including attorney fees, arising out
of claims or suits by such third parties based upon or relating to such access
and use. You agree to (a) immediately notify GenoSolutions of any unauthorized
use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. GenoSolutions
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
GenoSolutions Privacy
Statement and Disclosure of Information
In order to use the Services,
you must first acknowledge and agree to the Privacy Statement. You may not
use the Services if you do not accept the Privacy Statement. You can
acknowledge and agree to the Privacy Statement by (1) clicking to accept or
agree to the Privacy Statement, where this option is made available to you by
GenoSolutions for any Service; or by (2) actually using the Services.
You acknowledge and agree that
GenoSolutions has the right to monitor any use of its systems by its personnel
at any time and maintain copies documenting such monitoring. Our Privacy
Statement sets forth the only expectations of privacy any individual should
have in terms of usage of the GenoSolutions Services, website, or other
systems. GenoSolutions will never release your individual-level Genetic
Information and/or Self-Reported Information to any third party without asking
for and receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and
agree that GenoSolutions is free to preserve and disclose any and all Personal
Information to law enforcement agencies or others if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process (such as a judicial proceeding,
court order, or government inquiry) or obligations that GenoSolutions may owe
pursuant to ethical and other professional rules, laws, and regulations; (b)
enforce the GenoSolutions TOS; (c) respond to claims that any content violates
the rights of third parties; or (d) protect the rights, property, or personal
safety of GenoSolutions, its employees, its users, its clients, and the public.
In such event we will notify you through the contact information you have
provided to us in advance, unless doing so would violate the law or a court
order. You understand that the technical processing and transmission of the
Services, including your Personal Information, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks, or devices. Finally, GenoSolutions may, in
its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy
Statement to read about data protection related to your information. See our
complete Privacy Statement here.
Limited License
You acknowledge that all User
Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from which such User Content originated. This
means that you, and not GenoSolutions, are entirely responsible for all User
Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the
Services content presented to you as part of the Services, whether original
GenoSolutions Services content or sponsored content within the Services, is
protected by copyright and/or other intellectual property rights that are owned
by GenoSolutions and/or the sponsors who provide that content to GenoSolutions
(or by other persons or companies on their behalf).
Customer Conduct - Unlawful
and Prohibited Use
As a condition of your use of
the Services, you warrant to GenoSolutions that you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions, or
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair the Services or interfere with any other party's use and
enjoyment of the Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Services. You may not use the Services outside of the
country to which your sample collection kit was shipped from GenoSolutions.
Furthermore you agree not to use the Services to: (1) upload, post, email, or
otherwise transmit any material that is derogatory, defamatory, obscene, or
offensive, such as slurs, epithets, or anything that might reasonably be
construed as harassment or disparagement based on race, color, national origin,
sex, sexual orientation, age, disability, religious or political beliefs, or
other statutorily protected status; (2) impersonate any person or entity,
including, but not limited to, anyone affiliated with GenoSolutions, or falsely
state or otherwise misrepresent your affiliation with a person or entity; (3)
add your own headers, forge headers, or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through the Service;
(4) "stalk" or otherwise harass another; (5) upload, post, email, or
otherwise transmit any content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (6) use
any information received through the Services to attempt to identify other
customers, to contact other customers (other than through features for
contacting other users such as DNA Relatives offered pursuant to the Services),
or for any forensic use; (7) download any file posted by another user of the
Service that you know, or reasonably should know, cannot legally be distributed
in such manner; (8) upload, post, email or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright, or other proprietary
rights ("Rights") of GenoSolutions or any other party; (9) harm
minors in any way; (10) advertise or offer to sell or buy any goods or services
for any business purpose, unless such area specifically allows such messages;
(11) upload, post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose and
only to the extent such content is authorized by law; (12) upload, post, email,
or otherwise transmit any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications equipment;
(13) use manual or automated software, devices, scripts robots, other means or
processes to access, "scrape," "crawl" or
"spider" any web pages or other services contained in the site,
unless explicitly permitted by GenoSolutions; (14) engage in "framing,"
"mirroring," or otherwise simulating the appearance or function of
GenoSolutions's website; (15) attempt to or actually override any security
component of GenoSolutions web services; (16) interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies, or regulations of networks connected to the
Service; (17) violate these Terms of Service, any code of conduct or other
guidelines which may be applicable for any particular area of the Service or
have been communicated to you by anyone affiliated with GenoSolutions; or (18)
intentionally or unintentionally violate any applicable local, state, national,
or international law, or any regulations having the force of law.
You acknowledge and agree that
you are solely responsible for (and that GenoSolutions has no responsibility to
you or to any third party for) any breach of your obligations under the TOS and
for the consequences (including any loss or damage which GenoSolutions may suffer)
of any such breach. In case of breach of any one of these agreements
GenoSolutions has the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion thereof) and you
will defend and indemnify GenoSolutions and its affiliates against any
liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of
this Section and/or GenoSolutions has a reasonable ground to suspect that you
have violated the terms of this Section, GenoSolutions has the right to suspend
or terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
Export Control and Applicable
Laws and Regulations
Recognizing the global nature
of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable content. Specifically, you agree 1) that providing your
sample is not subject to any export ban or restriction in the country in which
you reside, 2) that your sample and data may be transferred and/or processed
outside the country in which you reside, and 3) that you will comply with all
applicable laws regarding the transmission of technical data exported from the
United States or the country from which you access GenoSolutions's Services
online.
Material Posted Through The
Service
GenoSolutions will not, at all
times, control any of the User Content posted via the Service and, as such,
does not guarantee the accuracy, integrity, or quality of such non-GenoSolutions
content. You understand that by using the Services, you may be exposed to
content that is offensive, indecent, or objectionable. Under no circumstances
will GenoSolutions be liable in any way for any non-GenoSolutions content,
including, but not limited to, any errors or omissions in any such content, or
for any loss or damage of any kind incurred as a result of the use of any such
content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that
GenoSolutions and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, review, filter, modify, refuse, or move
any content that is available via the Services. Without limiting the foregoing,
GenoSolutions and its designees shall have the right to remove any content that
violates the TOS or is deemed by GenoSolutions, in its sole discretion, to be
otherwise objectionable. You acknowledge and agree that you must evaluate, and
bear all risks associated with, the use of any content, including any reliance
on the accuracy, completeness, or usefulness of such content.
Material Provided to
GenoSolutions - Your Proprietary Rights
User
Content. GenoSolutions does not
claim ownership of the User Content you provide to GenoSolutions (including
feedback and suggestions) or post, upload, input, or submit to the Service.
Unless otherwise specified, you retain copyright and any other rights you
already hold over User Content that you create and submit, post, or display on
or through the Services. However, by submitting, posting, or displaying User
Content, you give GenoSolutions, its affiliated companies, sublicensees
(including but not limited to sublicensees who avail themselves of the Limited
License granted in Section 9 above) and successors and assigns a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce,
adapt, modify, translate, publish, publicly perform, publicly display,
distribute, reproduce, edit, reformat, and create derivative works from any
User Content that you submit, post, or display on or through the Services. You
acknowledge and agree that this license includes a right for GenoSolutions to
make such User Content available to other companies, organizations, or
individuals with whom GenoSolutions has relationships, and to use such User
Content in connection with the provision of those services.
You understand that
GenoSolutions, in performing the required technical steps to provide the
Services to our users, may (a) transmit or distribute your User Content over various
public networks and in various media; and (b) make such changes to your content
as are necessary to conform and adapt that content to the technical
requirements of connecting networks, devices, services, or media. You
acknowledge and agree that this license shall permit GenoSolutions to take
these actions. You represent and warrant to GenoSolutions that you have all the
rights, power, and authority necessary to grant the above license.
Genetic
and/or Self-Reported Information. Disclosure of individual-level Genetic and/or
Self-Reported Information to third parties will not occur without explicit
consent, unless required by law. Note that GenoSolutions cannot control any
further distribution of Genetic and/or Self-Reported Information that you share
publicly on the GenoSolutions website. You acknowledge and agree that you are
responsible for protecting and enforcing those rights and that GenoSolutions
has no obligation to do so on your behalf.
Your buccal swab or saliva
sample, once submitted to and analyzed by us, is processed in an irreversible
manner and cannot be returned to you. Any Genetic Information derived from your
saliva remains your information, subject to rights we retain as set forth in
these TOS. You understand that you should not expect any financial benefit from
GenoSolutions as a result of having your Genetic Information processed; made
available to you; or, as provided in our Privacy Statement and Terms of
Service, shared with or included in Aggregated Genetic and Self-Reported
Information shared with research partners, including commercial partners.
Waiver
of Property Rights. As stated above, you understand that by providing any sample, having
your Genetic Information processed, accessing your Genetic Information, or
providing Self-Reported Information, you acquire no rights in any research or
commercial products that may be developed by GenoSolutions or its collaborating
partners. You specifically understand that you will not receive compensation
for any research or commercial products that include or result from your
Genetic Information or Self-Reported Information.
Indemnity
You agree to defend and hold
GenoSolutions, and its subsidiaries, affiliates, officers, agents, contractors,
partners, employees, successors, and assigns harmless from any claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of User Content you submit, post to, or transmit through the
Service; your use of the Service; your connection to the Service; your
violation of the TOS; or your violation of any rights of another.
If you have submitted a buccal
swab or saliva sample or otherwise provided your own Genetic Information, you
will defend and hold harmless GenoSolutions, its employees, contractors,
successors, and assigns from any liability arising out of the use or disclosure
of any information obtained from genotyping your buccal swab or saliva sample
and/or analyzing your Genetic Information, which is disclosed to you consistent
with our Privacy Statement or results from any third-party add-ons to tools we
provide. In addition, if you choose to provide your Genetic and/or
Self-Reported Information to third parties - whether individuals to whom you
facilitate access, intentionally or inadvertently, or to third parties for
diagnostic or other purposes - you agree to defend and hold harmless
GenoSolutions, its employees, contractors, successors, and assigns from any and
all liability arising from such disclosure or use of your Genetic and/or
Self-Reported Information.
No Resale of Service
Other than pursuant to the
terms of the Limited License in Section 9 of this TOS or unless otherwise
agreed in a separate agreement between you and GenoSolutions, you agree not to
display, distribute, license, perform, publish, reproduce, duplicate, copy,
create derivative works from, modify, sell, resell, exploit, transfer, or transmit
for any commercial purposes, all or any portion of the Service, use of the
Service, or access to the Service.
General Practices Regarding
Use and Storage
You acknowledge that
GenoSolutions may establish general practices and limits concerning use of the
Services, including without limitation the maximum number of days that Personal
Information and Services content will be retained by the Service, the maximum
disk space that will be allotted on GenoSolutions's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access
the Services in a given period of time. You acknowledge and agree that
GenoSolutions has no responsibility or liability for the deletion of or failure
to store any messages, other communications, or other content maintained or
transmitted by the Services; or for the loss of Genetic Information due to
malfunction or destruction of data servers or other catastrophic events. You
further acknowledge that GenoSolutions reserves the right to change these
general practices and limits in its sole discretion.
Modifications to Service
GenoSolutions 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 GenoSolutions features or Services, and (ii)
GenoSolutions shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Services.
The Software that you use may
from time to time automatically download and install updates from
GenoSolutions. These updates are designed to improve, enhance, and further
develop the Services and may take the form of bug fixes, enhanced functions,
new software modules, and completely new versions. You agree to receive such
updates (and permit GenoSolutions to deliver these to you) as part of your use
of the Services.
You acknowledge that
GenoSolutions may offer different or additional technologies or features to
collect and/or interpret Genetic Information in the future and that your
initial purchase of the Service does not entitle you to any different or
additional technologies or features for collection or interpretation of your
Genetic Information without fee, and that you will have to pay additional fees
in order to have your Genetic Information collected, processed, and/or
interpreted using any future or additional technologies or features.
Termination
The TOS will continue to apply
until terminated by either you or GenoSolutions as set out in this Section.
If you want to terminate your
legal agreement with GenoSolutions, you can apply at the GenoSolutions webpage
at any time, which will entail closing your accounts for all of the Services
that you use.
GenoSolutions may at any time,
terminate its legal agreement with you (and in conjunction therewith, your
password and account(s)) if: (1) you have breached any provision of the TOS (or
have acted in manner which shows that you do not intend to, or are unable to
comply with, the provisions of the TOS); (2) GenoSolutions is required to do so
by law (for example, where the provision of the Services to you is, or becomes,
unlawful); (3) the partner with whom GenoSolutions offered the Services to you
has terminated its relationship with GenoSolutions or ceased to offer the
Services to you; (4) GenoSolutions is transitioning to no longer providing the
Services to users in the country or state in which you reside or from which you
use the Services; or (5) the provision of the Services to you by GenoSolutions
is, in GenoSolutions's opinion, no longer commercially viable.
Any suspected fraudulent,
abusive, or illegal activity that may be grounds for termination of your use of
the Services may be referred to appropriate law enforcement authorities. You
acknowledge and agree that GenoSolutions shall not be liable to you or any
third party for any termination of your access to the Services.
Survival of Terms
When the TOS come to an end,
all of the legal rights, obligations, and liabilities that you and
GenoSolutions have benefited from, been subject to (or which have accrued over
time while the TOS have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of
sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites);
4.(Description of the Services); 5.(Risks and Considerations Regarding
GenoSolutions Services); 6.(User Representations); 7.(Account Creation,
Customer Account, Password and Security Obligations); 8.(GenoSolutions Privacy
Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and
Prohibited Use); 11.(Export Control and Applicable Laws and Regulations);
12.(Material Posted through the Service); 13.(Material Provided to
GenoSolutions - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of
Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with
Information Providers and Listed Resources); 21.(Hyperlinks and GenoSolutions
Website); 22.(GenoSolutions Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES);
24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation
of Terms of Service); and 28.(Miscellaneous) shall continue to apply to such
rights, obligations, and liabilities indefinitely.
Dealings with Information
Providers and Listed Resources
Your correspondence or
business dealings with-or participation in promotions of-information providers,
vendors, and/or resources found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely
between you and such information provider or resource. You acknowledge and
agree that GenoSolutions shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such information provider or resources on the Service.
Hyperlinks and the GenoSolutions
Website
The Service provides, and
third parties may provide, links to other sites and resources on the Internet.
Because GenoSolutions has no control over such sites and resources, you
acknowledge and agree that GenoSolutions 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 sites or resources. You further acknowledge
and agree that GenoSolutions 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 site or resource.
GenoSolutions's Proprietary
Rights
You acknowledge and agree that
GenoSolutions (or GenoSolutions's licensors, as applicable) own all legal
right, title, and interest in and to the Services, including any intellectual
property rights (including but not limited to patents) which subsist in the
Services (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by GenoSolutions and
that you shall not disclose such information without GenoSolutions's prior
written consent.
You further acknowledge and
agree that the Services and any necessary software used in connection with the
Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that information presented to you
through the Services or sponsors is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. Except as
expressly authorized by GenoSolutions, you agree not to-and not to permit
anyone else to-modify, rent, lease, loan, sell, distribute, or create
derivative works of, reverse engineer, decompile, or otherwise attempt to
extract the source code of the Services or Software or any part thereof, in
whole or in part. Software, if any, that is made available to download from the
Services, excluding software that may be made available by end-users through
the Services, is the copyrighted work of GenoSolutions and/or its suppliers.
Your use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
GenoSolutions, Inc.,
GenoSolutions, and other GenoSolutions logos and product and service names are
trademarks of GenoSolutions and these marks together with any other
GenoSolutions trade names, service marks, logos, domain names, and other
distinctive brand features are the "GenoSolutions Marks".
Unless you have agreed otherwise in writing with GenoSolutions, other than
through the Limited License in Section 9, nothing in the TOS gives you a right
to use any GenoSolutions Marks and you agree not to display, or use in any
manner, GenoSolutions Marks.
You agree that you shall not
remove, obscure, or alter any proprietary rights notices (including copyright
and trade mark notices) that may be affixed to or contained within the
Services.
Unless you have been expressly
authorized to do so in writing by GenoSolutions, you agree that in using the
Services, you will not use any trade mark, service mark, trade name, logo of
any company or organization in a way that is likely or intended to cause
confusion about the owner or authorized user of such marks, names, or logos.
For any Software not
accompanied by a License Agreement, GenoSolutions grants you a personal,
non-transferable, and non-exclusive right and license to use the object code of
its Software on a single computer. You may not (and may not allow any third
party to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble, or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in, or otherwise transfer any right in
the Software unless this is expressly permitted or required by law, or unless
you have been specifically told that you may do so by GenoSolutions, in
writing. This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by GenoSolutions, in the manner
permitted by the TOS. Unless GenoSolutions has given you specific written
permission to do so, you may not assign (or grant a sublicense of) your rights
to use the Software, grant a security interest in or over your rights to use
the Software, or otherwise transfer any part of your rights to use the
Software. You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided by
GenoSolutions for use in accessing the Service. Any rights not expressly
granted herein are reserved.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENOSOLUTIONS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENOSOLUTIONS MAKES
NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM GENOSOLUTIONS OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT
YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENOSOLUTIONS DOES NOT
CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE
SERVICES AND, THEREFORE, GENOSOLUTIONS SPECIFICALLY DISCLAIMS ANY LIABILITY
WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY
APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENOSOLUTIONS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENOSOLUTIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE
INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION
YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY
SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICES.
Notice
Notices to you may be made via
either email or regular mail. GenoSolutions may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to you
generally on or through the Services.
Official notices related to
this TOS must be sent to us at:
GenoSolutions, Inc.
ATTN: Chief Legal and Regulatory Officer
16700 Valley View Ave. Suite 300, La Mirada, CA 90638
Additionally, GenoSolutions
accepts service of process at this address. Any notices that you provide
without compliance with this section on Notices shall have no legal effect.
Changes to the Terms of
Service
GenoSolutions may make changes
to the TOS from time to time. When these changes are made, GenoSolutions will
make a new copy of the TOS available on its website and any new additional
terms will be made available to you from within, or through, the affected
Services.
You acknowledge and agree that
if you use the Services after the date on which the TOS have changed,
GenoSolutions will treat your use as acceptance of the updated TOS.
Violation or Suspected
Violation of Terms of Service
If you violate the terms of
these TOS and/or GenoSolutions has a reasonable ground to suspect that you have
violated the terms of these TOS, GenoSolutions has the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
Miscellaneous
a. Entire Agreement. The TOS constitute the
entire agreement between you and GenoSolutions and govern your use of the
Services, superseding any prior agreements between you and GenoSolutions on
this subject. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content, or third-party
software
b. Applicable law and
arbitration. Except
for any disputes relating to intellectual property rights, obligations, or any
infringement claims, any disputes with GenoSolutions arising out of or relating
to the Agreement ("Disputes") shall be governed by California
law regardless of your country of origin or where you access GenoSolutions, and
notwithstanding of any conflicts of law principles and the United Nations
Convention for the International Sale of Goods. Any Disputes shall be resolved
by final and binding arbitration under the rules and auspices of the American
Arbitration Association, to be held in San Francisco, California, in English,
with a written decision stating legal reasoning issued by the arbitrator(s) at
either party's request, and with arbitration costs and reasonable documented attorneys'
costs of both parties to be borne by the party that ultimately loses. Either
party may obtain injunctive relief (preliminary or permanent) and orders to
compel arbitration or enforce arbitral awards in any court of competent
jurisdiction.
c. Waiver. The failure of
GenoSolutions to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS
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 TOS remain in full force and effect.
d.
Term for cause of action. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Services or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
e. Admissibility of printed
version. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
f.
Section titles. The section titles in the TOS are for convenience only and have no
legal or contractual effect.
g.
Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining
portion will remain in full force and effect.
h.
Amendments. We
reserve the right to modify, supplement or replace the terms of the Agreement,
effective upon posting at www.genosolutions.net or notifying you
otherwise. If you do not want to agree to changes to the Agreement, you can
terminate the Agreement at any time per Section 18 (Termination).
i. Assignment: You may not assign or
delegate any rights or obligations under the Agreement. Any purported
assignment and delegation shall be ineffective. We may freely assign or
delegate all rights and obligations under the Agreement, fully or partially
without notice to you. We may also substitute, by way of unilateral novation,
effective upon notice to you, GenoSolutions for any third party that assumes our
rights and obligations under this Agreement.