Version Jan 2019
The website located at MyRxGenes.com (the “Site”) is a copyrighted work belonging to RxPREDiCT, Inc., DBA MyRxGenes (“MyRxGenes”, “we” or “us”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
- USE OF OUR SERVICE
1.1 Eligibility. The Service permits you to compare your DNA profile to general populations to find commonalities and determine where your DNA originated. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by MyRxGenes.
1.2 No Medical Advice. THE SITE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY MyRxGenes OR THIRD PARTIES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF MyRxGenes, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
1.3 Laboratory Services. I acknowledge, consent, and agree to the following:
I understand that this product is not intended to diagnose, treat, cure, or prevent any disease.
I authorize RxPREDiCT® (and its affiliates and partners) to conduct DNA testing with the submitted DNA specimen.
I understand that my results include recommendations based on known predispositions associated with my genetic profile. Other factors, such as (but not limited to) diet, exercise, environment, and medications, may also affect my body’s performance and reaction to recommended supplements, ingredients, treatments, or other programs. Before following these or any other recommendations, I should consult a qualified physician, dermatologist, nutritionist, or other health expert.
I represent and warrant that I have obtained all permissions, consents and authorizations necessary from the person(s) submitting DNA specimens (or the parent / guardian of such person(s) if under 18).
I understand that the specimens were collected without a strict chain of custody, and their origins cannot be verified. Therefore, the results may not be admissible in a court of law.
I acknowledge and understand that if for any reason the biological specimens are inadequate for evaluation, RxPREDiCT (and its affiliates and partners) shall not be held liable for its inability to produce test results due to insufficient specimen or due to the nature or condition of the specimen. RxPREDiCT (and its affiliates and partners) may request additional samples for further testing.
I understand that to ensure testing of the highest quality, RxPREDiCT (and its affiliates and partners) reserves the right to have more tests performed to satisfy strict laboratory standards and guidelines. If this process delays the reporting of results, I will not hold RxPREDiCT (and its affiliates and partners) liable for any refund or damages.
I understand that in compliance with the New York State Department of Health regulations, RxPREDiCT (and its affiliates and partners) does not make in-home testing available to residents of New York. In this regard, RxPREDiCT (and its affiliates and partners) disclaims any legal responsibility for misuse of its in-home testing services to circumvent this regulation.
I understand that genetic mutations sometimes occur in ordinary, healthy people. These mutations surface in approximately 1-2% of DNA testing cases. When they do, the final test results depend on careful interpretation of the data by the laboratory scientists. If a mutation is detected, any guarantees on conclusiveness, probability values, and turnaround time are void. Such mutations often require extended testing and may affect probabilities.
I ACKNOWLEDGE AND AGREE THAT RXPREDICT’S (AND ITS AFFILIATES AND PARTNERS) LIABILITY TO ME ARISING OUT OF OR IN ANY WAY RELATED TO THE PROVISION OF TESTING SERVICES CONTEMPLATED HEREIN SHALL NOT EXCEED THE COST OF THE TEST, AND I AGREE TO INDEMNIFY, DEFEND, AND HOLD RXPREDICT (AND ITS AFFILIATES AND PARTNERS) AND ITS EMPLOYEES HARMLESS FROM ALL FURTHER CLAIMS OR DAMAGES. IN ADDITION, I AGREE TO CONTACT RXPREDICT (AND ITS AFFILIATES AND PARTNERS) IMMEDIATELY, BUT IN ANY EVENT, WITHIN 30 DAYS FROM THE DATE OF THE REPORT, IF I HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TESTING PROCESS OR THE OUTCOME OF THE TEST.
I understand that results will be sent based on the delivery information provided during barcode registration as soon as results are available to be sent. It is my responsibility to provide delivery information that assures any privacy needs that I may have.
1.4 Payment. I understand that I will receive test results only after all charges have been paid in full, including, if applicable, lab fees.
1.5 Refund Policy. Refunds may be considered at the discretion of RXPREDICT and may be subject to administrative and handling fees. Partial payments and deposits are non-refundable. No refunds shall be issued if services have been completed.
1.6 User Account. Registration may be required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in using third party authentication service. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MyRxGenes immediately of any unauthorized use of your account or any other breach of security. MyRxGenes will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MyRxGenes or another party due to someone else using your account or password. Only one user may use each user name, and if you or your entity requires additional user names, you must contact the MyRxGenes. You may not use anyone else's account at any time, without the express permission of the account holder.
1.7 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the MyRxGenes servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that MyRxGenes grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other MyRxGenes Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MyRxGenes shall have no liability for your interactions with other Users, or for any User's action or inaction.
- PROPRIETARY RIGHTS.
MyRxGenes retains sole and exclusive ownership of all rights, title and interests in the Service, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that MyRxGenes will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. MyRxGenes reserves all rights not expressly granted herein in the Service and the MyRxGenes Content (as defined below). MyRxGenes may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.
For purpose of these Terms, the term "Content" includes, without limitation, written comments and information, articles, notes, research, summaries, reports, data, text, photos, graphics, in static or interactive feature. “MyRxGenes Content” means any Content owned by or licensed to MyRxGenes. MyRxGenes may not monitor or control Content posted by users of the Service (including, without limitation, User Submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, MyRxGenes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, MyRxGenes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to MyRxGenes in its sole discretion.
- USER SUBMISSIONS.
If you provide MyRxGenes with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to MyRxGenes all rights in such Feedback and agree that MyRxGenes shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MyRxGenes will treat any Feedback you provide to MyRxGenes as non-confidential and non-proprietary. You agree that you will not submit to MyRxGenes any information or ideas that you consider to be confidential or proprietary.
- COPYRIGHT POLICY - DMCA NOTICE.
It is MyRxGenes policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify MyRxGenes copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit MyRxGenes to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to customersupport@MyRxGenes.com.
MyRxGenes may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless MyRxGenes and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any content or information that is submitted via your account; or (f) any other party's access and use of the Service with your unique username, password or other appropriate security code.
- NO WARRANTY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- CHANGES TO THE TERMS.
These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
MyRxGenes may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending MyRxGenes an email to customersupport@MyRxGenes.com specifying your request and providing MyRxGenes with your name, Order ID and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and MyRxGenes may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
- DISPUTE RESOLUTION.
The laws of the State of Ohio shall govern these Terms without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that MyRxGenes has not adhered to these Terms, please contact MyRxGenes by e-mail at customersupport@MyRxGenes.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and MyRxGenes are unable to reach a resolution to the dispute, you and MyRxGenes will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Cleveland, Ohio office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and MyRxGenes agree that any arbitration will be limited to the dispute between MyRxGenes and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and MyRxGenes otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
- ENTIRE TERMS.
These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to MyRxGenes is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MyRxGenes prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
- COPYRIGHT/TRADEMARK INFORMATION.
Copyright © 2019, All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- CONTACT INFORMATION.
MyRxGenes welcomes your comments or questions regarding these Terms. Please e-mail us at firstname.lastname@example.org.