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1. Acceptance of Terms
Your use of EDGC’s Service is subject to the terms of the legal agreement between EDGC and you set forth in these Terms of Service (“TOS”). TOS will apply to any use of your Services including submitting a saliva sample for DNA extraction and using EDGC’s account without providing your saliva sample or Genetic Information. In order to use the Services, you have to accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS and by (2) actually using the Services. In these cases, EDGC will treat your use of Services as acceptance of our Services. Also, you agree that EDGC will not be responsible for the use of Services outside the terms of TOS.
2. Basic Requirement to use the Services
3. Description of the Services
- If you are not of legal age to use our Services or your use of our Services is barred by the laws or regulations related, then you may not use our Services.
- If your use of our Services includes providing your own Genetic Information, You must be the age of eighteen (18) or older to use our Services.
- If your use of our Services just includes creating a EDGC account without submitting a saliva sample or otherwise providing Genetic Information, You must be thirteen (13) years of age or older to use our Services.
For the Services, EDGC will provide you with access to EDGC’s website and personal genotyping services, including the collection and analysis of your saliva sample. Also, you agree that EDGC will provide you with the Services based on the current state and form of Services may change from time to time. As a part of continuing improvement of the Services, you agree that EDGC may stop the Services from time to time without notice to you.
4. Risks and Considerations Regarding gene2me Services
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 the quantity of saliva required for our analysis or the result from processing do not meet our QC test.
* If the initial processing fails for any of these reasons, we will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, we will offer to send another kit to the user to collect a second sample at no charge. If the user sends another sample and we attempt to process the second sample are unsuccessful, we 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 Gene2me, 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, we 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.
5. Precaution as to sharing your genetic information
You should be cautious about sharing your genetic information. Even if sharing your genetic information doesn’t mean nothing today, your genetic information could be used against your interest in the future. For example, your genetic information may be accessible to company you applied for and company knows that the possibilities for you to get cancer are 80%, then you may not be hired from that company just because of the fact that your genetic information shows high risk of cancer.
6. EDGC doesn’t provide medical advice.
Genetic Information EDGC provides is only for the research, informational, and educational purpose. EDGC doesn’t provide medical advice based on genetic information. In other words, the Services we provide are not intended to be used for any diagnostic purposes or professional medical advice. You should always discuss with your physician or other health care provider with regard to your health-related questions such as diagnosis, cure, treatment, medical condition etc.
7. User Representations
By accessing and using our Services, you acknowledge and agree as follows:
- You agree that your use of our Service is intended for research, informational, and educational purposes only. EDGC doesn’t provide medical advice and we recommend you to seek the advice of your physician or other health care provider as to your genetic information.
- You allow EDGC to perform genotyping services by analyzing your DNA from your saliva sample and to provide you and others you specifically authorize with the results of analyzing your DNA.
- You guarantee that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
- You guarantee that any sample you provide is your saliva.
- If you are a customer outside the U.S., you guarantee that any use of our service is not subject to any laws or regulations of the country in which you reside.
- You agree that genetic information EDGC provides may trigger strong emotion.
- You are responsible for the all consequences resulting from your sharing with others access to your genetic information and personal information you reported to EDGC as using our services.
- You agree that your personal information will be stored in EDGC’s database.
- Waiver of Property rights: you acknowledge and agree that you acquire no rights in any research or commercial products of EDGC by accessing your saliva sample or providing your personal information, accessing and using our services.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, EDGC has the right to suspend or terminate your account and refuse any and all current or future use of Services. And you will defend and indemnify EDGC and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
8. Account Creation, Customer Account, Password, and Security Obligations
You acknowledge and agree to provide true, accurate, current, and complete Registration Information about yourself as you use our Services and to keep updating Registration Information to provide EDGC with true, accurate, current, and complete information. If you provide us inaccurate, not current, or incomplete information, then EDGC may suspend or terminate your use of our Services.
As you use and access to our Services, you are responsible for all activities occurring under your password or account. Also, If any use of password or account causes damage or harm to EDGC, then you should indemnify EDGC and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by any third parties relating to your use or password or account.
9. Customer’s Responsibility
If you breach any one of responsibilities of customer below, then EDGC may suspend or terminate your account and may refuse any and all current or future use of the Services. Also, you shall defend and indemnify EDGC against any liability, costs, or damage arising out of the breach of any of responsibilities below.
10. Non-EDGC contents in the Services.
- You agree not to use the Services for any unlawful and unauthorized use.
- You shall be responsible for the all the contents you upload, post through our Services. EDGC will not be responsible for any damage or consequences resulting from your use of contents.
- You shall not upload, post, email any derogatory, defamatory, obscene, or offensive expressions or words as using our Services.
- You shall comply with all local rules and regulations associated with online conduct and acceptable content.
- You represent and guarantee that providing your sample is not subject to any export ban or restriction in the country in which you reside.
- You shall comply with all applicable laws as to the transmission of technical data exported from the United States or the country from which you access EDGC”s Services online.
EDGC has the right to review, filter or remove any content that is posted through Services. However, EDGC will not be responsible for any consequences resulting from any use of non-EDGC contents. Also, EDGC doesn’t warrant or guarantee the accuracy and completeness, or usefulness of all the contents posted through Services are accurate.
11. Contents provided to EDGC
All copyrights and any other rights associated with the contents you provided to us through our Services belong to you. EDGC doesn’t claim any ownership of such rights. However, by uploading, submitting, posting your contents through our Services, you give EDGC the perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, publish, distribute, publicly display, modify, edit such contents. You also acknowledge and agree that this license allows the EDGC to make such contents accessible to other individual, companies, or organizations including public networks, various media with whom EDGC has relationships.
12. Genetic and Self-Reported Information
EDGC will not disclose Genetic or Self-Reported Information to other individual, companies, organizations without explicit consent of you except for requirement or allowance by law.
Also, once your saliva sample is submitted to us, we can’t return your saliva sample to you. Any Genetic Information derived from your saliva sample remains your information, subject to rights we retain as set forth in these TOS. You acknowledge and agree that you should not expect any financial benefit from EDGC as a result of having your Genetic Information analyzed. Also, you acknowledge and agree that by providing us with your saliva sample, or having your sample processed and analyzed by EDGC, you acquire no rights in any products and research developed by EDGC.
You acknowledge that you agree to defend and hold EDGC harmless from any claim made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service.
If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless EDGC from any liability arising out of the use or disclosure of any information obtained from genotyping your 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.
Also, 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 EDGC.
14. Service Modification
EDGC can 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 EDGC features or Services, and (ii) EDGC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You also acknowledge that EDGC 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.
15. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and EDGC 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 (Acceptance of Terms); (Prerequisites); (Description of the Services); (Risks and Considerations Regarding EDGC Services); (User Representations); (Account Creation, Customer Account, Password and Security Obligations); (EDGC Privacy Statement and Disclosure of Information); (Customer Conduct - Unlawful and Prohibited Use); (Export Control and Applicable Laws and Regulations); (Material Posted through the Service); (Indemnification); (Survival of Terms); (Dealings with Information Providers and Listed Resources); (EDGC Proprietary Rights); (DISCLAIMER OF WARRANTIES); (LIMITATION OF LIABILITY); (Notice); (Violation or Suspected Violation of Terms of Service); and (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
16. Proprietary Rights of EDGC
You acknowledge and agree that EDGC (or EDGC'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).
17. Limitation of Liabilities
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EDGC 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 EDGC 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.
- The TOS constitute the entire agreement between you and EDGC and govern your use of the Services, superseding any prior agreements between you and EDGC 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.
- Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with EDGC arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin 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.