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WEBSITE TERMS OF USE

Last modified: June 23, 2023

BY USING THE WEBSITE www.genotypica.com AND ALL ASSOCIATED SITES LINKED TO www.genotypica.com (THE “WEBSITE”), YOU CONFIRM THAT YOU HAVE READ THESE TERMS OF USE (“TERMS OF USE”), THAT YOU UNDERSTAND THEM, AND THAT YOU HAVE AGREED TO BE UNCONDITIONALY BOUND BY THEM. THIS WEBSITE IS THE PROPERTY OF GENOTYPICA, LLC AND ITS LICENSORS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE DISCLAIMERS SET FORTH HEREIN AND DECLARE THAT THE WARRANTIES YOU MAKE BY USING THE WEBSITE ARE TRUE AND ACCURATE.

IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Acceptance of the Terms of Use

These terms of use are entered into by and between you (“you” or “User”) and GenoTypica, LLC (the “Company”, “we” or “us”). These Terms of Use govern your access to and use of the Website, including any content, functionality and services offered on or through the Website.

“GenoTypica Research” refers to scientific research that GenoTypica performs with the intent to publish in peer-reviewed scientific journals. GenoTypica Research only uses Genetic and Self-Reported Information from users who have given informed consent according to the Research Consent Agreement.

“Service” or “Services” refers to GenoTypica's products, software, services, apps, and mobile and web-based 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

"Personally identifiable information" ("PII") is being collected and used. PII, as used in United States privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

“Biometric Data” as used in United States privacy law and information security, is information that identifies and individual’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other identifying data.

“De-identified Information” as used in United States privacy law and information security, is information which has been stripped of all linking data such as name, or other contact information making the data collected untraceable to any individual.

“Genetic Information” is information collected by the Company that comprises the DNA code of your genes. When you complete a sample, the Company utilizes techniques to isolate DNA from the sample setting forth a genomic analysis that identifies your genotype.

“Self-Reported Information” is the information you provide to us, either through the Services or through a third-party and other information about you that you enter into surveys, forms or features while submitting a sample to us or that you authorize a third-party to provide to us.

PII, Biometric Data, Genetic Information, and Self-Reported Information is collectively referred to as “Personal Information.”

Please read the Terms of Use carefully before you start to use the Website the Services. By clicking to agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://genotypica.com/privacy/, incorporated herein by reference (“Privacy Policy”).

Except as specified herein, these Terms of Use apply to any use of the Services, including, but not limited to, submitting a cheek swab or other sample provided for the purposes of genome GenoTypica.

By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company.

Key Terms and Conditions

Your Genetic Information provided is for research, informational, and educational use only, and is 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.

GenoTypica 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 Information 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. Reliance on any information provided by GenoTypica, GenoTypica employees, others appearing on our website at the invitation of GenoTypica, or other visitors to our website is solely at your own risk.

Disclaimer: GenoTypica is a direct to consumer (DTC) company which provides genome (DNA) analysis services. Unlike others, we are focused on providing a personal genetic scan report or information regarding your genetic makeup that may have some influence on your current and/or future health and wellbeing. Please note that the goods and services we provide are not subject to review by the FDA or any other Government agency. GenoTypica is not a genetic testing service and should not be used for any medical or clinical purpose, including diagnosis and treatment of diseases. What we provide is information about your genome, should be considered information of a non-specific nature, and should never be used as a substitute for the advice of a healthcare professional. GenoTypica does not, under any circumstances, provide medical advice, professional diagnosis, opinions, treatment options or treatments or other health services to the users of our services or products. We strongly discourage anyone from “self-diagnosing” based on the information gathered from the PG Scan report or any electronic report we provide including, but not limited to, any attempt to use or adopt any data or information gained through our website or links to other sites provided, as a substitute for a consultation with a doctor or a genetic counselor. Nothing we provide should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. WE DO NOT GIVE MEDICAL ADVICE AND NOTHING HEREIN CREATES A DOCTOR-PATIENT RELATIONSHIP.

Medical, genetic and health related information changes constantly. As a result, the information provided through the profile or any report provided by GenoTypica through any electronic means, may not be current, complete or exhaustive, nor should you rely on any information found online or through any data or communication from us as a recommendation of a course of treatment for you or any other individual. Reliance on any information provided by GenoTypica or thorough its Website, or any linked websites, is done solely at your own risk. GenoTypica, as a company, and individuals acting on behalf of GenoTypica do not recommend or endorse any specific tests, products, procedures, opinions or any information that may be provided on our website or on the linked websites. If you have any health concerns, or if you have questions regarding your overall health, you should always consult with your doctor or another health care professional.

Never disregard or delay medical advice or treatment as a result of something you have read on the GenoTypica Website, report, or downloaded data.

If you reside in the United States, and you have a medical emergency, please call 9-1-1 immediately. If you live outside the United States, and you have a medical emergency, please call your local emergency services immediately.

User Representations

  1. By accessing GenoTypica Services, you agree to, acknowledge, and represent as follows:
    1. You understand that information you learn from GenoTypica 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 GenoTypica Services are intended for research, informational, and educational purposes only, and that while GenoTypica 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 GenoTypica 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.
    2. You represent that you are eighteen (18) years of age or older if you are accessing Genetic Information.
    3. You are guaranteeing that any Genetic Information data you provide is your Genetic Information. If you are agreeing to these Terms of Use on behalf of another person, you are confirming that the Genetic Information data provided will be the Genetic Information data of that person and that they have given you legal authorization to submit their data on their behalf.
    4. If you are a customer outside the U.S. providing Genetic Information data, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
    5. You agree that any Genetic Information data you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
    6. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
    7. You are aware that some of the information you receive may result in unexpected outcomes that can provoke strong emotions.
    8. You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and/or your Self-Reported Information.
    9. You understand that all your Personal Information will be stored in GenoTypica databases and will be processed in accordance with the Privacy Policy.
  2. Waiver of Property Rights: You understand that by uploading any Genetic Information data, having your Genetic Information processed, accessing your Genetic Information, providing Personal Information, you acquire no rights in any research or commercial products that may be developed by GenoTypica. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Personal Information. The foregoing license includes the right of GenoTypica to permit its subcontractors to exercise any of the rights granted to GenoTypica under such license, solely for the purpose of providing services to GenoTypica and provided that GenoTypica will be responsible for any breaches of such license by any such subcontractors.
  3. You agree that your placement of an order for a GenoTypica product constitutes your acceptance of the Terms and Conditions of ordering those products and related services.
  4. 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, GenoTypica 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 GenoTypica and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Arbitration sections will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website; Account Security and Privacy

We reserve the right to withdraw or amend this Website, and any products or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Certain features of the Website may require you to register for an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may be held liable for losses to the Company or any other user or visitor of the Website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You acknowledge and agree that GenoTypica has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Policy sets forth the only expectations of privacy any individual should have in terms of usage of the GenoTypica Services, website, or other systems.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

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 any Service online.

Links to Other Websites

This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You specifically agree to abide by all applicable federal and state securities laws including any anti-fraud provisions.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

We will not knowingly allow fraudulent or illegal information to be placed on the Website; however, we cannot guarantee or warrant that all information provided by users is totally accurate and complete. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Furthermore, if you have received a bone marrow or stem cell transplant prior to having your Genetic Information analyzed, the analysis may provide unexpected results because your cheek cell sample may contain cells with your DNA as well as cells with your donor’s DNA.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR BRIEFS, USER CONTRIBUTIONS, ANY INFRINGEMENT OF THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, ANY USE OF THE WEBSITE'S CONTENT OR SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OR SERVICES OBTAINED FROM THE WEBSITE.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any files or content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKED SITES.

YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR THE SERVICES WILL BE ACCURATE, RELIABLE, FREE OF ANY COPYWRITE CLAIM, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge and agree that the form and nature of the Services which the Company provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that the Company may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at the Company’s sole discretion, without prior notice to you. You may stop using the Services at any time.

The Company assumes no responsibility for the use of Services outside these terms of use or other applicable terms.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY LINKED SITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW.

General Practices Regarding Use and Storage

You acknowledge that GenoTypica 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 GenoTypica'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 GenoTypica 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 GenoTypica reserves the right to change these general practices and limits at its sole discretion.

Modifications to Service

  1. GenoTypica 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 GenoTypica features or Services, and (ii) GenoTypica shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
  2. You acknowledge that GenoTypica 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

  1. The TERMS OF USE will continue to apply until terminated by either you or GenoTypica as set out in this Section.
  2. If you want to terminate your legal agreement with GenoTypica, you may do so by deleting your GenoTypica account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your GenoTypica account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign into your account.
  3. GenoTypica 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 Terms of Use (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Use); (2) GenoTypica 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 GenoTypica offered the Services to you has terminated its relationship with GenoTypica or ceased to offer the Services to you; (4) GenoTypica 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 GenoTypica is, in GenoTypica's opinion, no longer commercially viable.
  4. 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 GenoTypica shall not be liable to you or any third party for any termination of your access to the Services.

Survival of Terms

When the Terms of Use come to an end, all of the legal rights, obligations, and liabilities that you and GenoTypica have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

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 GenoTypica 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.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Lincoln, Nebraska, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

The Website is operated by the Company. All feedback, comments, and other communications relating to the Website should be directed to: admin@genotypica.com