Welcome, and thanks for using GeneTests.org, Chiasmata.com and/or other GeneTests services and apps! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Last revised on September 8, 2014
The mission of GeneTests is to provide current, easy to access information on genetic testing and its use in diagnosis, management, and genetic counseling. GeneTests promotes the appropriate use of genetic services in patient care and personal decision making.
1.2. Scope and Intent
2. Your Obligations
2.1. Applicable laws and this Agreement
2.2. License and warranty for your submissions to GeneTests
As between you and GeneTests, you own the content and information you provide GeneTests under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant GeneTests a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to GeneTests, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to GeneTests, without any further consent, notice and/or compensation to you or to any third parties.
Pursuant to this license, GeneTests may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them. Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your GeneTests profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a GeneTests account, (3) are not a competitor of GeneTests or are not using the Services for reasons that are in competition with GeneTests; (4) will only maintain one GeneTests account at any given time; (5) will use your real name and only provide accurate information to GeneTests; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of GeneTests or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.4. Your Membership
The profile you create on GeneTests will become part of GeneTests and except for the content and information that you license to us is owned by GeneTests. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your GeneTests account to another party; and (5) not charge anyone for access to any portion of GeneTests, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your GeneTests account, respectively, please request via email to firstname.lastname@example.org or use the GeneTests contact form.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through GeneTests.
2.6. Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.7. Notifications and Service Messages
For purposes of service messages and notices about the Services, GeneTests may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from GeneTests to an email address associated with your account, even if we have other contact information. You also agree that GeneTests may communicate with you through your GeneTests account or through other means including email, mobile number, telephone, or delivery services including the postal service about your GeneTests account or services associated with GeneTests. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
2.8. User-to-User Communication and Sharing (Chiasmata, etc.)
GeneTests offers a professional directory for users named, Chiasmata. Please note that information you share may be seen and used by other Members or, if public, by Visitors (note also that content you post on Chiasmata is publicly visible unless you decline to be listed), and GeneTests cannot guarantee that other Members will or will not use the information that you share on GeneTests, nor the manner of use. Therefore, if you have information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to Chiasmata or elsewhere on GeneTests. GENETESTS IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON GENETESTS.
2.10. Export Control
Your use of GeneTests services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2.11. Contributions to GeneTests
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to GeneTests, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GeneTests is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GeneTests shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GeneTests may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to GeneTests rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from GeneTests under any circumstances.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or GeneTests authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GeneTests or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of GeneTests contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from GeneTests commercially unless expressly authorized by GeneTests) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GeneTests and all related items, including any and all copies made of the GeneTests websites.
4. Our Rights & Obligations
4.1. Services Availability
For as long as GeneTests continues to offer the Services, GeneTests shall provide and seek to update, improve and expand the Services. As a result, we allow you to access GeneTests as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue GeneTests, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on GeneTests or by direct communication to you unless otherwise noted.
GeneTests further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by GeneTests to be contrary to this Agreement. For avoidance of doubt, GeneTests has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. GeneTests may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
4.2. Third Party Content, Sites and Developers
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
4.3. Disclosure of User Information
4.4. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. GeneTests may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. GeneTests reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if GeneTests determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property Notices
The Services include the copyrights and Intellectual property rights of GeneTests and except for the limited license granted to you in Section 3, GeneTests reserves all of its intellectual property rights in the Services. GeneTests and Chiasmata trademarks, service marks, graphics, and logos used in connection with GeneTests are trademarks or registered trademarks of GeneTests. Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with GeneTests may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GENETESTS OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GENETESTS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENETESTS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GENETESTS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GENETESTS OR ANYTHING RELATED TO GENETESTS, YOU MAY CLOSE YOUR GENETESTS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. GENETESTS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GENETESTS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GENETESTS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GENETESTS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. GENETESTS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GENETESTS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GENETESTS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GENETESTS SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither GeneTests nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“GeneTests Affiliates”) shall be cumulatively liable for (a) any damages, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, or any of the content or other materials on, accessed through or downloaded from GeneTests. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that GeneTests may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to GeneTests pursuant to Section 9.3. This notice will be effective upon GeneTests processing your notice. GeneTests may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only GeneTests may terminate your access to any Services. Termination of your GeneTests account includes disabling your access to GeneTests and may also bar you from any future use of GeneTests.
7.2. Misuse of the Services
GeneTests may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the GeneTests messaging services; creating multiple or false profiles; using the Services commercially without GeneTests authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that GeneTests, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, GeneTests has adopted a policy of terminating accounts of Members who, in GeneTests sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your GeneTests account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
8.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and GeneTests regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GeneTests services, third-party content or third party software.
8.5. Amendments to This Agreement
8.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GeneTests Affiliate shall be deemed legally binding on any GeneTests Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GeneTests.
8.7. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
8.8. Assignment and Delegation
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, BioReference Laboratories Incorporated for any third party that assumes our rights and obligations under this Agreement.
8.9. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
9. Complaints Regarding Content Posted on the GeneTests Website
If you think someone has stolen or misused your intellectual property on GeneTests, please contact us.
We encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, GeneTests provides many forms of contact to report any such violations.
How To Contact Us
If you have questions or comments about this User Agreement, please contact us online or by physical mail at:
BioReference Laboratories Inc.
Attn: GeneTests User Agreement Issues
481 Edward H Ross Drive
Elmwood Park, NJ 07407 USA