Terms & conditions
Update date: February 13th 2019
PLEASE READ THESE PREVENT.ONE CUSTOMER TERMS CAREFULLY. BY SUBMITTING AN ORDER FOR SERVICES TO US YOU AGREE TO BE BOUND BY THESE THRIVA CUSTOMER TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE PREVENT.ONE CUSTOMER TERMS, YOU MUST NOT SUBMIT ANY ORDERS FOR SERVICES TO US.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.
1. The service
Our services consist of:
- providing an online service where you can order a health test either online or by telephone. Those tests can be either non-genomic tests or genomic tests
- sending by mail an at home fluid sample kit (blood, saliva, urine, vaginal swab, fecal matter, …), which will be sent back to us or directly to a laboratory by the customer.
- getting those samples tested by a certified laboratory
- sending back comprehensive results , checked by a registered doctor.
We will make sure that the laboratory and the doctor perform their services with the best diligence and skill care in accordance with the best practice in their profession.
Information provided to you through the Site should not be regarded as medical or health care advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your laboratory test results, a medical condition, or other health related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.
You acknowledge and agree that in order to make use of the services you must follow the procedure demanded by these Conditions.
When you receive the sample kit, you must register the kit to your personal Account, or use an anonymous account. Failure to register the kit means you will not be able to access the results.
3. Use service at own risk
You agree that your use of the Services is at your sole risk.
We cannot and do not warrant that the tests performed or Test Information as part of the Services will be 100% accurate due to the nature of the tests being performed.
You acknowledge that sexually transmitted diseases and/or infections may remain undetectable for several months.
4. Validity of the test
The kit received is valid for 6 (six) months from the date we posts the testing kit.
If you do not send back the sample within the Validity Period your test will expire and you will not be entitled to a refund.
The Services are limited to the Services as described in those Conditions. If you require additional specialist advice or counselling you will need to seek your local services.
6. Physician Order and Availability of Services
We have partnered with a company that has physicians “Health Consultants” in the states where our Members reside and who are authorized by state law to review Customers test requests. Test kits for non-genomic tests will only be mailed to you after your test is authorized and ordered by a licensed physician or Health Consultant. Genomic tests do not require review by a licensed physician or Health Consultant.
The testing services are only available in the United States and are not available in New York, New Jersey, Massachusetts, Maryland, and Rhode Island. We reserve the right to expand or restrict the availability of services at any time and for any reason.
7. Possible requirement before taking the tests
Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specific ways. We will provide you with clear instructions if you order a test with special sample requirements.
It is imperative that you follow these instructions carefully to ensure reliable test results.
8. Medical Questionnaire
a. In order to effectively provide the Product, you have the opportunity to complete a short medical questionnaire. The medical questionnaire asks for basic information in relation to your medical history, lifestyle, family health history and gender-specific details.
You will also be asked to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order.
b. It is not compulsory to provide this information but it may assist us to provide a more relevant interpretation of your test results.
c. Except as set out in the current Conditions, any information that is collected from the medical questionnaire and/or the test results will be used solely in relation to the Products you have purchased from us.
By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories (which may be located in countries outside of the EU) and/or to our employees and agents for the purposes of preparing your sample and analyzing and interpreting the results.
9. Risks of taking your own blood
You fully understand the potential impacts and risks of taking your own blood sample, and that you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise from this.
10. Follow the guide
We ask you to comply fully with all instructions included with the Product, including step by step written or video instructions, whether on a paper guide, or an in-app guide.
We cannot guarantee that you will successfully be able to complete your sample if you do not follow our instructions, and we cannot be held responsible for such failure to complete the sample.
You acknowledge that test outcomes depend on the quality of the sample provided by you, so you agree to adhere to the collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing free of charge if a partial result is reported by the Laboratory.
11. Identify your sample
All collecting devices should be labeled with a unique ID in your kit.
If not, please contact us to include a label which will make your sample identifiable.
If we receive a sample without a label, we will not be able to process it.
12. Fluid quantity
Fluid containers (blood tubes, saliva tubes, etc…) are marked with the needed quantities. You must fill the containers as required in order to be able to get the results. Failure to do so may result in your sample not being tested.
You understand and agree that in rare cases, viable fluid samples cannot always be taken from the sample provided. Services will be deemed successfully performed if the Doctor believes there is sufficient information to produce a report, in which event no further tests will be carried out.
13. Submitting the sample
All samples taken using the testing kit provided must be sent on the day it is taken (in the pre-paid envelope provided) to enable the sample to be analyzed.
Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post.
If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost
You must return the sample using the adequate postal service, in the same country where the sample was delivered.
14. Sample sent
Please let us know that you have sent your sample by completing the kit activation process. This enables us to make sure that your sample is received.
15. Permission to test
You give permission to the Company, its contractors, successors and assignees to perform the services using your samples.
You specifically request the Company to disclose to you and to others you specifically authorize the results of analyses performed.
16. Sample analysis
You agree that any sample you provide (whether it is blood, tissue, bodily fluid, or other biological sample) and all resulting data may be transferred and/or processed outside the country in which you reside.
We use only certified laboratory, experts in their own domain. Those laboratories may not be in your country of residence.
17. Delay between tests and results
Every test we perform has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you.
It is an estimate only.
It is not binding on us and we do not guarantee that test results will be available in the estimated turnaround time.
If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest turnaround time for all of the tests ordered will apply in this case.
18. Reactions to results
You are aware that some of the information you receive may provoke strong emotion.
19. Report and interpretation
The test results and any accompanying interpretation will be uploaded to your secure online account (whether it is anonymous or not).
You will notified by email if you have decided not to be anonymous, and if we have our email address.
You will receive only a notification on your mobile phone, if you have decided to stay anonymous, AND if you have given us authorization to send you notifications.
Take note that low, normal, high levels do not constitute a definitive diagnoses and further testing will be required from a medical professional to constitute a definitive diagnosis.
If your results are negative or nonreactive, please be aware that there can be incubation periods, preventing us from having an accurate result.
If you have a positive, reactive or detected result you will need a further confirmatory test from a suitably qualified doctor. I
If you have an elevated PSA reading you will need further testing from a suitably qualified doctor.
The services include, if the result indicates a positive, reactive, detected or elevated PSA result, receiving a phone call from a medical advisor which will offer direction and support to the user.
If you have concerns with the results you should consult with your own medical practitioner or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during an Incubation period relevant to you, irrespective of the Test Information, you will retest either through us or through your general practitioner.
20. Interpretation of STD results
You understand and agree that sexually transmitted diseases and infections have incubation periods. An incubation period is the period of time, from an exposure, to the time an infection becomes detectable within a person’s body. Different viruses and infections have different incubation periods and can take several months or more to become detectable. For instance, the HIV virus can take from 28 to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. Incubation periods can vary for everyone and it is recommended to retest:
1) if you tested before the relevant Incubation period has comfortably passed (from the time of potential exposure);
2) if you suspect that the infection has subsequently developed; or
3) if you have been potentially exposed to any relevant infection in the meantime.
21. Accuracy of tests – False positive / False negative
You acknowledge that the result does not constitute definitive diagnosis. In a small number of cases there can be incidences of false-positive results and false-negative results. A person with a negative non-reactive or not detected test result could have an infectious disease, or a person with a positive reactive or detected test could be free from an infectious disease. All positive, reactive or detected results must be verified by a doctor through a confirmatory test.
For example a person with an elevated PSA reading may not have prostate cancer or other form of prostatic disease. A person with a normal PSA reading may have prostate cancer or other form of prostatic disease. Abnormal or elevated PSA test results require further testing from a doctor.
An “Elevated PSA” means that the level is above the normal limit, set by our partner laboratory.
22. No medical advice
- The Company Services are for research, informational, and educational use only.
- The information (including, without limitation, advice and recommendations) and services on the Online Services are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history.
Content we provide are general best practice depending of the results you have. Those might not be be applicable to your specific health status.
- You should not change your health behaviors solely on the basis of information from the Company.
- We do not provide medical, health or other professional services or advice.
- No information contained in the Online Services is intended to be used for medical or clinical diagnosis or treatment.
- Test results and comments or interpretation may provide a guide to help you understand your health but do not, and are not intended to, constitute a medical or clinical diagnosis.
- Test results and comments or interpretation provided by us in relation to those results are for the purposes of information only.
- You acknowledge and agree that we have not represented that content provided through the Online Services has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.
- Our comments are based on information available to us at the time, which information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from.
- While the Company attempts to keep all the information on the Online Services up-to-date, medical treatment and knowledge change quickly, and the Online Services should not be considered error-free or as a comprehensive source of all information on a particular topic.
- You understand and agree that we are neither a health advisor or a testing lab. We do not ourselves perform any testing on your samples.
- Use of the Online Services does not create a doctor-patient relationship.
- You acknowledge that Health Consultants are not employees of the Company and are not providing services on behalf of the Company, but instead are independent professionals solely responsible for the services each provides to you.
- You understand and agree that the Services are not a substitute for actual medical diagnosis or consultation with a doctor, and that the information contained in the Report does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
- We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation.
- You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health, and before starting, stopping, or modifying any treatment or medication.
- The Company 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.
- The Company makes no warranties or representations as to the accuracy of the content of the Online Services, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Online Services.
- If you are a patient or health care consumer, you should not use information found on the Online Services to replace a relationship with your physician or other health care professional and should not rely on that information as professional medical advice.
- Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content.
- Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
- You assume the entire risk of loss in using the Online Services and materials contained in the Online Services.
- If you think you may have a medical emergency, call your doctor or the local emergency (in the USA : 911) immediately.
- In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Online Services.
- Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase a follow-up test or that you see a doctor for further investigation or both.
You agree that you are solely responsible for acting on such guidance and that the Company accepts no liability in the event you choose not to do so.
23. Variability of results between laboratories
You understand and agree that minor inter-laboratory variability exists. Consequently where minor results variability is seen, for example upon tracking an individual test over time, such minor variability is tolerated and you assume overall responsibility for overseeing your long-term trends. You also agree that on occasion, because of inter-laboratory variability, minor changes may throw two adjacent test points narrowly inside and outside of ‘normal’ reference range but are essentially indicating insignificant variation.
24. Analysis not do-able
If, for any reason, we are unable to perform a test you have ordered, we will inform you.
Occasionally the laboratories are unable to test samples sent to them. This may be because the amount of fluid collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has hemolyzed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma).
Testing failure most commonly occurs with blood samples taken using finger-prick home collection kits.
If the laboratory cannot test your sample, we will send a second home collection kit to you free-of-charge for you to repeat the process. If this second sample cannot be tested, we will give you the option to visit a clinic to have blood drawn by a phlebotomist (for which you will pay an extra charge) or to cancel the order and request a full refund.
25. Re-testing on your own
You acknowledge and accept that test results outside of normal limits do occur and that your local physician may ask you to make another lab test for confirmation.
This test will be paid by you, and the Company cannot be held responsible for any costs.
26. Storage of blood
Samples may be stored by one of our partners for up to 10 years after the initial analysis has been carried out.
Samples will be destroyed once the Storage Period has expired.
27. Sample return
Your sample, (whether it is blood, tissue, bodily fluid, or other biological sample) is processed in an irreversible manner and cannot be returned to you.
28. Reporting of Test Results to Local, State and/or Federal Authorities
You acknowledge and accept that the ordering physician and the laboratory may be compelled by law or regulation to report your laboratory result to the local, state, or federal health authority. For example, many states require the testing laboratory and physician to report most positive STD tests to the local health department.
29. Sharing of genetic and non-genetic information
a. Genetic and non-genetic Information you share with others could be used against your interests. You should be careful about sharing information with others.
Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Information that you share with family, friends or employers may be used against your interests. Even if you share information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.
b. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (GINA) was signed into law in the United States in 2008, its protection against d iscrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
c. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
d. You take responsibility for all possible consequences resulting from your sharing with others access to your Information.
e. Disclosure of individual-level Genetic and non-genetic Information to third parties will not occur without explicit consent, unless required by law. Note that the Company cannot control any further distribution of Information that you share publicly on the the Company website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that the Company has no obligation to do so on your behalf.
WEBSITE AND MOBILE APPLICATION ACCESS
In order to simplify the following paragraphs, we will refer to “Site” for both the “Site and the Mobile Application”.
1. Accessing the Site and Account Security
a. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from the Company.
b. After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. On the mobile application, you are responsible for maintaining the confidentiality of the unlocked access to your mobile: using a password, facial recognition, finger print, or any other method used to unlock your phone. You are also responsible for maintaining the confidentiality of the chosen method used to access the mobile application itself.
c. If you allow third parties to access the Company’s website through your username and password, you will defend and indemnify the Company and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
d. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
e. We will have no liability to you or to any third party if any email we send to you or any information we notify you of via your Account is seen or received or accessible by any third party, including for any emotional distress caused to you or to a third party by reason of the third party being aware of us sending you communications or test results.
f. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.
h. You also agree to ensure that you exit from your Account at the end of each session. 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.
i. 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 and Conditions. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction by us under this provision, any compromise of the confidentiality of your Account or password, and any unauthorized access to your Account or use of your password.
j. You are using the Site in your own name and not on behalf of anyone else; you will not allow any other person to use the Site under your name, nor will you in using the Site, pretend you are someone else, or seek to disguise your identity. You are using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others.
k. As a user of the Site, and subject to these Terms, you are authorized to view Content only for your own personal, non-commercial use without any right to download, copy, or adapt any Content. However in doing so you undertake not to reproduce, duplicate, copy or re-sell any part of the Site or Content, and not to access without authority, interfere with, damage or disrupt the Site.
l. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
m. Access granted
Subject to the undertakings you give in these Terms, we grant you a non-exclusive, non-transferrable right and license to use the Site and any software on our server which is enabled by your use of the Site, solely to access the Site and Services.
n. You will not access or use the Website and the Services to collect any market research for a competing business.
o. You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose;
p. You will not “stalk” or otherwise harass another;
2. Site availability
Whilst we endeavor to ensure the Site is accessible at all times during a normal working day, we accept no responsibility for the Site being inaccessible or unavailable at any time. Whilst we endeavor to ensure the Site is accessible at all times during a normal working day, we accept no responsibility for the Site being inaccessible or unavailable at any time.
3. Information About You and Your Visits to the Site
4. Remove access to the online services
Operation of the Online Services
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Online Services, or any portion of the Online Services, including but not limited to for your violation of these Terms and Conditions; (ii) modify or change the Online Services, or any portion of the Online Services; and (iii) interrupt the regular operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services.
5. Restrictions on Use.
You will not, and will not attempt to:
a. Modify, translate, adapt or otherwise create derivative works or improvements, of the Site or any content or source code;
b. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or any part thereof;
c. Rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Site or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
d. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
e. Upload or introduce any virus or malware to the Site;
f. Interfere with the operation or availability of the Site, or the hardware, software and network(s) used to operate the Site;
g. Sublicense or transfer any of your rights under this Agreement or otherwise use the Services for the benefit of a third party, to operate a service bureau or for resale of the Services;
h. Create or access member’s user accounts using any automated means or under false pretenses;
i. Frame or mirror the Site or reformat it in any way or use deep links;
j. Introduce any keystroke logging or any other monitoring code into the Site; or,
k. Otherwise use the Services or the Site in any manner that exceeds the scope of the access right described above.
l. You may not use the Site to do any of the following:
– Harass or advocate harassment of another person or entity;
– Perform any activities that violate any state, local, federal, or international laws or regulations;
– Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
– Transmit unsolicited mass mailings, or “spam;”
– Attempt to collect or use personal information about users or third parties without their consent;
– Collect or store any information about other users or members, other than in the normal course of using the Site for facilitating voluntary communication among users;
– Transmit or introduce any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item;
– Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law; or
m. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
n. use meta tags or any other hidden text using our name without our written consent. You also undertake not to link or attempt to link the Site with other sites or Services or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services;
o. use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way;
p. provide content which is confidential to others or which infringes the Intellectual Property Rights of any other person;
q. use the Site, the Content, the Products and the Services for lawful purposes only; and
r. not to use the Site, the Content, the Products and the Services as the case may be:
– in any way that is unlawful or fraudulent, or that breaches any applicable local, national or international law or regulation;
– for the purpose of harming or attempting to harm minors in any way;
– to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
POSTED BY THE USER
1. Content You Post on the Site
You are responsible for all content that you post on, transmit through or download from the Site (“UserContent”). User Content does not include “Protected Health Information,” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA ”), that you may provide or submit to us when requesting tests or Services. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site. We may remove any User Content that violates these Terms and Conditions or that we determine is otherwise not appropriate for the Site in our sole discretion.
By posting or transmitting User Content on or through the Site, you :
1. represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and the Terms and Conditions,
2. represent and warrant that your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person; and,
3. agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your username in connection with our use of any User Content you provide to us, including in connection with off-Site uses of such submitted User Content. You also consent to the display of advertising within or adjacent to any of your User Content. Any User Content sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.
2. Feedback You Give Us and Content You Provide
b. You are responsible for all User Content that you post on our Site. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to our servers.
POSTED BY THE PROVIDER
1. Reliance on Information Posted
The information presented on or through the Site 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. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
2. Changes to the Site
The Company may add features to or delete features from the Site at any time, without notice to you.
3. Third Party Materials
The Site may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
4. Links to other Websites and Resources
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Advertising and Sponsorships
5. Information, News, and Press Releases
The Online Services may contain information about the Company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any user of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at your own risk.
ABOUT THE TERMS & CONDITIONS
1. Scope of These Terms and Conditions
These Terms and Conditions are applicable to your access to and use of www.prevent.one and all other websites and online applications operated by the Company or its affiliates and subsidiaries, that link to or incorporate these Terms and Conditions (the “Online Services”). Please read these Terms and Conditions carefully. Your access to and use of the Online Services and the information, materials, products, tools, and services available through the Online Services are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Online Services. When you use certain of the Online Services, we may provide you with additional terms and conditions relating to that specific Online Service, which will supplement the generally applicable terms of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and any Online Service-specific terms and conditions, the Online Service-specific terms conditions shall govern with respect to your access to and use of that Online Service.
2. Acceptance of Terms
Each time you click on the Site, you are deemed to have accepted the Terms and the Privacy Statement and the Cookies Policy in the form they are published on the Site at the particular time. Notwithstanding this, you will be required to give your formal acceptance of the Terms, the Conditions, and the Privacy Statement, each time you submit an order to us. You agree that we may at any time change these Terms, the contents on the Site, the Conditions or the Privacy Statement.
This Site is offered and available to users who are 18 years of age or older. We do not collect or maintain personal information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site.
3. Changes to the Terms
We may revise these Terms, the Conditions, the Privacy Statement and the Cookies Policy at any time. You will be required to accept each of these in the form they are then in every time you submit an Order as they are legally binding on you.
When these changes are made, the Company will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, the Company will treat your use as acceptance of the updated Terms and Conditions.
You agree to review these Terms and Conditions periodically. Any changes to these Terms and Conditions will be effective immediately upon the posting of the modified Terms and Conditions to the Online Services,
Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.
If you opt to cancel the Contract, you must return any relevant testing kit you have already received (that has not been opened, used or damaged) and we will arrange a full refund of the price you have paid once we receive the returned testing kit.
Certain services we offer on the Site have their own terms and conditions (“User Agreement”). In the event of any conflict between these Terms and Conditions and any User Agreement, the User Agreement shall control.
4. Right to Change Terms and Conditions
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and the Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, LabCorp’s designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
5. Changes to this Agreement if you are a paying customer
The Company may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing notice of the changes to you either when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Agreement either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes as described above.
6. Geographic Restrictions
The owner of the Site is based in the United States.
We will not accept Orders from users which are resident outside the countries identified on the Site as countries from where we will accept Samples.
We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the designated appropriate countries.
Access to the Site may not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.
Certain companies affiliated with us may provide services and operate websites which may be linked to from our Site and which are governed by their own Terms and Conditions and not these Terms and Conditions, and may be subject to laws of other local or international jurisdictions.
The Terms and Conditions will continue to apply until terminated by either you or the Company as set out in this Section.
If you want to terminate your legal agreement with the Company, you may do so by notifying the Company at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to the Company’s address, which is set out in the contact section of the Terms and Conditions. We will reach out to you to ask for confirmation, and your notice will be effective following receipt of a second email confirmation from you.
The Company 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 and Conditions (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms and Conditions);
(2) the Company 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 the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;
(4) the Company 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 the Company is, in the Company’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Services.
8. Contact Information
The Company is headquartered in DELAWARE, 251 Little Falls Drive, Wilmington, DE 19808,, in the United States of America. NRJY Inc. 251 Little Falls drive Wilmington, DE 19808
Attn: Law Department
Specific questions and comments should be directed to the appropriate department. While we make every effort to respond to all correspondence within 1 business week, we cannot guarantee a response to every electronic communication.
These Terms and Conditions were last updated on the date mentioned at the top of the document.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision
10. Entire Agreement
This Agreement, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.
11. Transfer of terms
You shall not assign, transfer or convey this Agreement or any obligations thereunder without our prior written consent. Any assignment, transfer or conveyance by you in violation of this Agreement shall be of no power or effect
12. Survival of terms
When the Terms and Conditions come to an end, all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all applicable sections shall continue to apply to such rights, obligations, and liabilities indefinitely.
Some of the tests sold by the Company are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from the Company are suitable for you and their intended purpose. If in doubt, please talk to your doctor or a qualified medical professional.
3. Right to refuse a customer
The Company is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.
4. Orders and availability
Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
All Products & Services shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product & Services, the subject of a Confirmed Order, are not available, and we will not process your Order if such is the case.
After placing an Order for the Product & Services via our Site you will receive an email from us acknowledging that we have received your Order. All Orders are subject to acceptance by us and we are under no obligation to accept an Order whether confirmed or not. Orders are only binding on us when we send you an invoice after Order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us (“Order Confirmation”).
You should check the invoice immediately and notify us of any mistake by email to email@example.com straight away; otherwise the details stated in the invoice will apply to your Order.
If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund you all money paid in full.
For Customers not opting for our subscription product, if you request further blood tests (including re- tests), each such request constitutes an additional and separate order which we will notify you as being accepted by us pursuant to these the Company Customer Terms (or a new version thereof).
For Customers opting for our subscription product, your initial order constitutes acceptance of the the Company Customer Terms (or a new version thereof) for all subsequent tests.
5. Price and payment, automatic renewals
The price of the Products will be as quoted on our website at the time you submit your order.
A valid credit card number, expiration date and card security code or a valid PayPal account is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card or PayPal account you provide, we may cancel your order or request an alternate form of payment. the Company’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you.
Payment must be received in full in cleared funds prior to us processing your order.
You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order. the Company reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
We will provide you with notice of any increase in the Subscription Fee by email or by posting on the Site.
If you purchase a subscription, you will be charged in accordance with the subscription frequency you select (for example, monthly, quarterly, or bi-annually) at the beginning of the month for the Subscription Fee.
If you purchase a subscription, you agree to keep your payment information (ie : credit card information) current. If the credit card you use for the Subscription Fee becomes invalid or declined, we will contact you by email so that you can update the card information.
When, if and where available, payment of the Consultation Fee will allow you to schedule an appointment with a Health Consultant. You agree and understand that Health Consultant are not employees of the Company, and that the Company is not required to provide you with a list of Health Consultant. If you cancel a scheduled appointment with a Health Consultant without providing the required prior notice as described on the Site, you might be charged a cancellation fee, depending of the Health Consultant Terms And Conditions.
We will provide you with an invoice on request, which will set out the Laboratory’s costs of the Kit and the blood testing services and, where relevant, the Doctor’s costs of the Report preparation
6. Suspension and postponing
You may suspend or postpone the delivery of your subscription by following the instructions on the Website or the Application. However, you will not be able to suspend or postpone if we have already started preparing you next kit. You will be alerted by email when we start preparing your next box.
The Product is normally dispatched within two days of Order Confirmation to the address you provided us with, prior to Order Confirmation. If you change the delivery address after we have sent you the Order Confirmation, the Product will be delivered to the original address you supplied to us. We will only arrange to have a Product delivered to a different address, if we accept it as part of the Order Confirmation.
Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence unless previously agreed by us in writing. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
Risk in a Product passes to you on delivery of the Product to the agreed delivery address.
Title to a Product will only pass to you when full payment is made to us for all the charges specified in the Confirmed Order.
If you receive the wrong Products, damaged/faulty Products or certain items are absent from the Product kit, then please send us an email within seven days of receipt of the Product at firstname.lastname@example.org containing the following information: the unique ID, and the list of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement product to be sent to you as soon as possible.
8. Cancellations and refunds policies
Refunds will be considered upon request and are only permitted when requested prior to kit shipment. No refunds are provided, however, for the physician order component. In addition, no refunds, credit, or additional services are provided after six (6) months from the date of the kit purchase.
If the Services are performed, you may have a legal right to get the Service re-performed or to end the contract and get some or all of your money back..
You will have no right to cancel the Services contract and receive a refund if we have made available the Report via your Account dashboard within 14 days of the day after we have accepted your order; as we, the Laboratory and the Doctor would have fully performed the Services contract as it relates to your order. This provision will apply in a similar manner to each subsequent re-test that you request and order we accept.
If you have a right to cancel the Services contract and wish to do so, you must email us at email@example.com with details of your order (including the date it was accepted, your name and any order reference number we provided to you) and a clear statement that you wish to cancel your Services contract, in either case before the expiry of the 14 day period. For subscription Customers you can cancel your Services contract through your dashboard at any time.
If you cancel a Services contract within this 14 day period, you will (subject to any deduction permitted by law) receive a refund for all money paid by you for the Service contract. The refund will be made as soon as reasonably possible, but not later than 14 days after the date on which we were informed about your decision to cancel the Services contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise.
We reserve the right to deduct the following reasonable amounts which we consider to be in proportion to what Services have been performed up until the point you communicate cancellation to us:
– If your blood sample has been received by the Laboratory before the date that we receive notice of your decision to cancel the Services contract, but you have not yet received the Report, we will refund you 10% of the relevant Service price; or
– If you have not sent your blood sample to the Laboratory for testing before the date that we receive notice of your decision to cancel the Services contract, we will refund you the relevant Service price less $10. The $10 is used to cover the cost of the Kit and postage. The kit can be disposed by recycling the card and placing the rest in general waste.
All other circumstances will be assessed on a case by case basis. In any event, you will not incur any fees as a result of the reimbursement.
Apart from your cancellation rights above:
– if you inform that the Kit received is within reason damaged or defective, you will be entitled to a replacement or, where we are unable to send you a replacement Kit within a reasonable time, a refund of the relevant Service price; You will need to send us a picture of the received package.
– if the Service is not otherwise carried out to the standard outlined in those Terms and Conditions, you can require repeat performance or, where we, the Laboratory or the Doctor are unable to perform the repeat Services within a reasonable time, a refund of an appropriate amount; and
– if the Service is not performed within the timeframes set out in these Terms, you can ask us for a refund for the full amount paid for the the Company Services.
At the time your refund is requested, and we confirm that your sample has not begun processing in our laboratory, we will invalidate your kit ID and any sample sent to our laboratory using that kit will not be processed.
Replacements kits can be mailed for any of the following circumstances:
– Kit was received damaged or expired
– Kit was never received
– Missing kit components
10. Termination at the provider initiative
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
Failure by you to comply with these Terms constitutes a material breach of these Terms and may result in us taking all or any of the following actions:
– immediate, temporary or permanent withdrawal of your right to use our Site;
– issue of a warning to you;
– legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
– further legal action against you.
Also, we may end the Services contract at any time by written notice to you if:
– you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us, the Laboratory and the Doctor to provide the Services;
– you do not, within a reasonable time, allow the Laboratory to deliver the Kit to you; or
– you do not, within the time period referred to in these Terms And Conditions, send your blood sample to the Laboratory.
If we end the Services contract in any circumstances set above, we will (on behalf of the Laboratory and the Doctor, as appropriate) refund any money you have paid in advance for Services that have not been provided, but we may deduct or charge you a reasonable amount as compensation for costs we, the Laboratory or the Doctor have incurred or will incur as a result of ending the Services contract, including any extra work that is required as a result of the circumstances set above.
11. Modifications to Service
The Company 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 the Company features or Services, and (ii) the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from the Company. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Services.
You acknowledge that the Company may offer different or additional technologies or features to collect and/or interpret Non-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 Information without fee, and that you will have to pay additional fees in order to have your Information collected, processed, and/or interpreted using any future or additional technologies or features.
1. Proprietary Rights
You acknowledge and agree that the Company (or the Company’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of the Company and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
NRJY Inc., NRJY, PREVENT ONETM, and other the Company logos and product and service names are trademarks of the Company, INc and these marks together with any other the Company trade names, service marks, logos, domain names, and other distinctive brand features are the “the Company Marks”. Unless you have agreed otherwise in writing with the Company, other than through the Limited License, nothing in the Terms and Conditions gives you a right to use any the Company Marks and you agree not to display, or use in any manner, the Company Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
The Site 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 us, our 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. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, the Company grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Company, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by the Terms and Conditions. Unless the Company has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. Any rights not expressly granted herein are reserved
These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. 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 Site, 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.
• You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• 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 applicable end user license agreement for such applications.
• If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this Site;
• 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 this Site; or,
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
2. Waiver of Property Rights
You understand that by providing any sample, having your Genetic and Non-Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by the Company or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
3. Material provided to the Company
The Company does not claim ownership of the User Content you provide to the Company (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services.
However, by submitting, posting, or displaying User Content, you give the Company, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for the Company to make such User Content available to other companies, organizations, or individuals with whom the Company has relationships, and to use such User Content in connection with the provision of those services.
You understand that the Company, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit the Company to take these actions. You represent and warrant to the Company that you have all the rights, power, and authority necessary to grant the above license.
4. Links to the Online Services
You should not link to the Online Services, nor use the Company’s name, trademark, logos, or otherwise refer to the Company in any public communications without first obtaining the Company’s advance written consent. Requests to link to the Online Services or use the Company’s name should be directed to the Company Media Relations
5. Digital Millennium Copyright Act (DMCA) Notification
We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms and Conditions or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site (including the exact URL);
3. An address, a telephone number, and an e-mail address where we can contact you;
4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: Director of Communications. Email: firstname.lastname@example.org.
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Site more than twice.
6. Equitable Relief
Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
1. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to the Company that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from the Company. Furthermore you agree not to use the Services to:
(1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
(2) impersonate any person or entity, including, but not limited to, anyone affiliated with the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(4) “stalk” or otherwise harass another;
(5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use;
(7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
(8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of the Company or any other party;
(9) harm minors in any way;
(10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
(11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
(12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by the Company; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Company’s website;
(15) attempt to or actually override any security component of the Company web services;
(16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with the Company; or
(18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Company may suffer) of any such breach. In case of breach of any one of these agreements the Company 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 the Company and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or the Company has a reasonable ground to suspect that you have violated the terms of this Section, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. Applicable Law
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Delaware. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Delaware.
The Online Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Online Services.
The Company makes no representation that material on the Online Services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Online Services from other locations do so by their own initiative and are responsible for compliance with local laws.
3. Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that the Company 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 the Company 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,
(c) 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.
You agree to defend and hold the Company, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms and Conditions; or your violation of any rights of another.
If you have submitted a sample, you will defend and hold harmless the Company, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from testing your sample, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your 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 the Company, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Information.
5. Arbitration and Class Action Waiver
Please read the following section carefully because it requires you to arbitrate disputes with the Company arising in connection with this agreement or the site, and limits the manner in which you can seek relief from us.
You and the Company agree that any dispute, claim or controversy arising out of or relating in any way to this agreement or the site shall be finally decided by binding arbitration under the consumer arbitration rules of the American Arbitration Association. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under this agreement that a court can award under this agreement. You and the Company agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. the Company further agrees that your filing fee for arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to this agreement, the U.S. Federal arbitration act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to participate in a class action. This arbitration provision shall survive termination of this agreement and the termination of your use of the site. Regardless of the forum, you and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
6. Disclaimer of Warranties
The online services and all materials, information, software, products, tools, and services included in or available through the online services are provided “as is” and “as available” without warranty of any kind, express or implied. The Company and its suppliers disclaim all express and implied warranties with regard to the online services and all materials, information, software, products, tools, and services included in or available through the online services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the online services is at your own risk. Access to the online services may be interrupted and the materials, information, software, products, tools, and services included in or available through the online services may not be error-free. None of the Company, its suppliers, or anyone else involved in creating, producing, or delivering the online services or the materials, information, software, products, tools, and services included in or available through the online services warrants that the materials, information, software, products, tools, and services included in or available through the online services are accurate, reliable, complete, useful, or correct; that the online services will be available at any particular time or location; that any defects or errors will be corrected; or that the online services are free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. No Resale of Service
Other than pursuant to the terms of the Limited License of this Terms and Conditions or unless otherwise agreed in a separate agreement between you and the Company, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You agree not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation.
8. Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an “Event Outside Our Control”).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the Event Outside Our Control is over.
3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Contract.
You agree to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further undertake in making a complaint or raising a query on these Conditions, not to be abusive to any of our staff, or us or those of our Accredited Laboratory or induce fear or harass any member of our staff
10. 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 the Company’s Services online.
11. Violation or Suspected Violation of Terms of Service
If you violate the terms of these Terms and Conditions and/or the Company has a reasonable ground to suspect that you have violated the terms of these Terms and Conditions, the Company 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).
1. Communication to us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
2. General Practices Regarding Use and Storage
You acknowledge that the Company 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 the Company’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 the Company 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 the Company reserves the right to change these general practices and limits in its sole discretion.
3. Third party terms and services
– Services are only supplied for domestic and private use. If you use the Services with our consent, written or otherwise, for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
– If you receive the Services via any commercial, business or re-sale third party channel, we will have no liability to you for the third-party provisions which is governed by the agreement between you and the third party.
– If you receive third party doctor advice as part of follow-up consequent to the results or doctor report known as the Company Services, irrespective of whether the Company provided the follow-up pathway, we will have no liability to you for the third party provisions which is governed by the agreement between you and the third party.
4. Use of the Online Services by Health Care Providers and Health Plans
If you are a health care provider or a health plan, you represent and warrant that when using the Online Services you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents.
You are warranting that, if you are an insurance company or an employer, you are not attempting to obtain information about an insured person or an employee without its consent.
The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
6. Term for cause of action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Admissibility of printed version
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
8. Section titles
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
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, 23andMe for any third party that assumes our rights and obligations under this Agreement.
10. Transfer of rights and obligations
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts
12. Paragraphs of the terms
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13. Independent Contractors
The parties intend that an independent contractor relationship will be created by these Terms and Conditions, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or service providers.