Geno.Me Terms of Service
Version: 19-Mar-2025
· "TOS” means ‘Terms of Service’.
· "Geno.Me" means Geno.Me
website and application.
· "Service" or "Services"
means Geno.Me's products, software, services, and website (including but not
limited to text, graphics, images, and other material and information) as
accessed from time to time by the user, regardless of if the use is in
connection with an account or not.
· "Personal Information" is information that can be used to identify you, either alone
or in combination with other information. Geno.Me collects and stores the
following types of Personal Information:
o "Registration Information" is the information you provide about yourself when registering
for and/or purchasing our Services (e.g., name, email, address, user ID and
password, and payment information).
o "Genetic Information" is information regarding your genotype (e.g., the As, Ts, Cs,
and Gs at particular locations in your genome),
generated through the providing of your medical information.
o “Electronic Health and Medical Record Information” is information
regarding your comprehensive patient health information, such as administrative
and billing data, patient demographics, progress notes, vital signs, medical
histories, diagnoses, medications, immunization dates, allergies, radiology
images, lab and test results, in a digital format, through the providing of
your medical and treatment histories.
o "Self-Reported Information" information you provide to us, either through the Services or
through a third party, including your disease conditions, other health-related
information, personal traits, ethnicity, family history, and other information
that you enter into surveys, forms, or features while signed into your Geno.Me
account or that you authorize a third party to provide to Geno.Me.
o "User Content" is all
information, data, text, software, music, audio, photographs, graphics, video,
messages, or other materials - other than Genetic Information and
Self-Reported Information-generated by users of the Services and transmitted,
whether publicly or privately, to or through Geno.Me.
o "Web Behavior Information" is information on how you use the Geno.Me website (e.g.,
browser type, domains, page views) collected through log files, cookies, and
web beacon technology.
· "Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been combined
with that of other users and analyzed or evaluated as a whole, such that no
specific individual may be reasonably identified.
Your use of the Services
(excluding any services provided by Geno.Me under a separate agreement) is
subject to the terms of the legal agreement between you and Geno.Me set forth
in these Terms of Service ("TOS"). Except as specified herein,
these TOS apply to any use of the Services, including but not limited to a)
uploading a digital version of your Genetic Information and linking electronic
health and medical records information through a third-party and interacting
with it on the Geno.Me website, and/or b) creating and using a free Geno.Me
account without providing your electronic health and medical records
information and Genetic Information. To use the Services, you must first agree
to the TOS. You may not use the Services if you do not accept the TOS. You can
accept the TOS by (1) clicking to accept or agree to the TOS, where this option
is made available to you by Geno.Me for any Service; or by (2)using the
Services. In this case, you acknowledge and agree that Geno.Me will treat your
use of the Services as acceptance of the TOS from that point onwards. In
addition, when using particular Services, you shall be subject to any
guidelines or rules applicable to such Services that may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into
the TOS. Geno.Me also may offer other services from time to time that are
governed by different terms of service.
a.
If you contribute or
otherwise provide your own information, you must be eighteen (18) years of age
or older to agree to these TOS on behalf of yourself or those for whom you have
legal authority to agree.
b.
If your use of the Services
includes creating a Geno.Me account, without providing information, you must be
eighteen (18) years of age or older to use the Services and accept the TOS.
The Services include access
to the Geno.Me public website, linking electronic health and medical records
and genetic information to be exchanged throughout the platform, using
information to find clinical research and trial opportunities for users, development
of synthetic development/test data, obtaining self-reported information and
potential compensation for purchase of datasets. Unless explicitly stated
otherwise, each new feature that augments or enhances the current Service shall
be subject to the TOS. You acknowledge and agree that the Services are provided
"AS-IS" and are based on the current state of the art of medical research
and technology in use by Geno.Me at the time of the purchase, viewing or other
use. As research progresses and scientific knowledge and technology evolve, Geno.Me
is constantly innovating in order to provide the best possible experience for
its users. You acknowledge and agree that the form and nature of the Services
which Geno.Me provides may change from time to time without prior notice to
you. As part of this continuing innovation, you acknowledge and agree that Geno.Me
may stop (permanently or temporarily) providing some Services (or any features
within the Services) to you or to users generally at Geno.Me's sole discretion,
without prior notice to you. You may stop using the Services at any time. You
do not need to specifically inform Geno.Me when you stop using the Services. Geno.Me
assumes no responsibility for the use of Services outside the terms of this TOS
or other applicable terms.
In order to use the
Services, you must obtain Internet access, either directly or through devices
that access web-based content and pay any service fees associated with such
access. You are solely responsible for paying such fees. In addition, you must
provide all equipment necessary to make such Internet connection, including a
computer and modem or other access device. You are solely responsible for
providing such equipment. You acknowledge and agree that while Geno.Me may not
currently have set a fixed upper limit on the number of transmissions you may
send or receive through the Services or on the amount of storage space used for
the provision of any Service, such fixed upper limits may be set by Geno.Me at
any time, at Geno.Me's discretion.
As a result of the current state of medical knowledge
and understanding, our Services are for research, informational, and
educational purposes only. The Services are not intended to be used by the
customer for any diagnostic purpose and are not a substitute for professional
medical advice. You should always seek the advice of your physician or other
health care provider with any questions you may have regarding diagnosis, cure,
treatment, mitigation, or prevention of any disease or other medical condition
or impairment or the status of your health.
Geno.Me does not endorse, warranty,
or guarantee the effectiveness of any specific course of action, resources,
tests, physician or other health care providers, drugs, biologics, medical
devices or other products, procedures, opinions, or other information that may
be mentioned on our website. If we provide to you on our website any
recommendations that identify for you, based on your Genetic Information and
Self-Reported Information and scientific literature or research, potentially
actionable information, this information is intended for informational purposes
only and for discussion with your physician or other healthcare provider.
Reliance on any information provided by Geno.Me, Geno.Me employees, others
appearing on our website at the invitation of Geno.Me, or other visitors to our
website is solely at your own risk.
By accessing Geno.Me
Services, you agree to, acknowledge, and represent as follows:
1.
You understand that
information you learn from Geno.Me is not designed to independently diagnose,
prevent, or treat any condition or disease or to ascertain the state of your
health in the absence of medical and clinical information. You understand that
the Geno.Me Services are intended for research, informational, and educational
purposes only, and that while Geno.Me information might point to a diagnosis or
to a possible treatment, it should always be confirmed and supplemented by
additional medical and clinical testing and information. You acknowledge that Geno.Me
urges you to seek the advice of your physician or other health care provider if
you have questions or concerns arising from your Genetic Information.
2.
You represent that you are
eighteen (18) years of age or older.
3.
You are guaranteeing that
any medical information you provide; if you are agreeing to these TOS on behalf
of a person for whom you have legal authorization, you are confirming that the information
provided will be the information of that person.
4.
If you are a customer
outside the U.S. providing genetic information, you confirm that this act is
not subject to any export ban or restriction in the country in which you
reside.
5.
You agree that any information
you provide, and all resulting data may be transferred and/or processed outside
the country in which you reside.
6.
You are warranting that you
are not an insurance company or an employer attempting to obtain information
about an insured person or an employee.
7.
You are aware that some of
the information you receive may provoke strong emotion.
8.
You take responsibility for
all possible consequences resulting from your sharing with others access to
your electronic health and medical records information, Genetic Information
and/or your Self-Reported Information.
9.
You understand that all
your Personal Information will be stored in Geno.Me databases and will be
processed in accordance with the Geno.Me Privacy Policy.
10. Waiver of Property Rights: You understand that by providing any information,
having your electronic health and medical records and Genetic Information
processed, accessing your electronic health and medical records and Genetic
Information, or providing Self-Reported Information, you acquire no rights in
any research or commercial products that may be developed by Geno.Me or its
collaborators.
You agree that you have the
authority, under the laws of the state or jurisdiction in which you reside, to
provide these representations. In case of breach of any one of these
representations, Geno.Me 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 Geno.Me and its affiliates against
any liability, costs, or damages arising out of the breach of the
representation.
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 Geno.Me
has a reasonable ground to suspect that such information is untrue, inaccurate,
not current, or incomplete, Geno.Me 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).
After you have registered
for or purchased a Service, you will create a username and password. You are
responsible for maintaining the confidentiality of your username and password
and are fully responsible for all activities that occur under your Geno.Me
account. If you allow third parties to access Geno.Me's website through your
username and password, you will defend and indemnify Geno.Me 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. You agree to (a) immediately notify Geno.Me of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you sign out from your account at the end of each session. Geno.Me cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section.
In order to use the
Services, you must first acknowledge and agree to the Privacy
Policy. You may not use the Services if you do not
accept the Privacy Policy. You can acknowledge and agree to the Privacy Policy by
(1) clicking to accept or agree to the Privacy Policy, where this option is
made available to you by Geno.Me for any Service; or by (2) actually using the
Services.
You acknowledge and agree
that Geno.Me has the right to monitor any use of its systems by its personnel
at any time and maintain copies documenting such monitoring. Our Privacy Policy
sets forth the only expectations of privacy any individual should have in terms
of usage of the Geno.Me Services, website, or other systems. If you have given
consent for your electronic health and medical records, genetic information and
self-reported Information to be used we may disclose your information to third
parties. Geno.Me Research may be sponsored by, conducted on behalf of, or in
collaboration with third parties, such as non-profit foundations, academic institutions,
hospitals, healthtech, recruitment and pharmaceutical companies. Third parties
may study a specific group or population, identify potential areas or targets
for therapeutics development, conduct or support the development of drugs, diagnostics,
or devices to diagnose, predict or treat medical or other health conditions,
work with public, private and/or non-profit entities on medical research
initiatives, or otherwise create, commercialize, and apply this new knowledge
to improve health care. Geno.Me will never release your individual-level electronic
health and medical records, Genetic Information and/or Self-Reported
Information to any third party without asking for and receiving your explicit
consent to do so, unless required by law.
Further, you acknowledge
and agree that Geno.Me is free to preserve and disclose any and all Personal
Information to law enforcement agencies or others if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process (such as a judicial proceeding,
court order, or government inquiry) or obligations that Geno.Me may owe
pursuant to ethical and other professional rules, laws, and regulations; (b)
enforce the Geno.Me TOS; (c) respond to claims that any content violates the
rights of third parties; or (d) protect the rights, property, or personal
safety of Geno.Me, its employees, its users, its clients, and the public. In
such event we will notify you through the contact information you have provided
to us in advance, unless doing so would violate the law or a court order. You
understand that the technical processing and transmission of the Services,
including your Personal Information, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks, or devices. Finally, Geno.Me may, in its sole discretion,
restrict access to the website for any reason.
Please refer to our Privacy
Policy to read about data protection related to your information.
You acknowledge that all
User Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from which such User Content originated. This
means that you, and not Geno.Me, are entirely responsible for all User Content
that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the
Services content presented to you as part of the Services, whether original Geno.Me
Services content or sponsored content within the Services, is protected by
copyright and/or other intellectual property rights that are owned by Geno.Me
and/or the sponsors who provide that content to Geno.Me (or by other persons or
companies on their behalf). Geno.Me grants you a Limited License to copy and
distribute free of charge, for non-commercial purposes only, any of the
Services content with the exception of any content marked as not subject to
this Limited License on the website, provided you: (i) provide the Services
content as it appears on the Geno.Me website with no changes including but not
limited to presenting selections which might tend to misrepresent the substance
of the Services content; (ii) include the following attribution on the first
page of any materials you distribute: © Geno.Me, Inc. . All rights reserved;
distributed pursuant to a Limited License from Geno.Me; and (iii) agree you
have no right to offer anyone else any further right with respect to this
Services content. Aside from the Limited License provided in this paragraph,
you may not modify, rent, lease, loan, sell, distribute, or create derivative
works based on this Services content (either in whole or in part) unless you
have been specifically told that you may do so by Geno.Me or by the owners of
that content, in a separate agreement.
As a condition of your use
of the Services, you warrant to Geno.Me 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.
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 Geno.Me,
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 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 Geno.Me 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 Geno.Me; (14) engage in "framing,"
"mirroring," or otherwise simulating the appearance or function of Geno.Me's
website; (15) attempt to or actually override any security component of Geno.Me
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 Geno.Me; 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 Geno.Me has no responsibility to
you or to any third party for) any breach of your obligations under the TOS and
for the consequences (including any loss or damage which Geno.Me may suffer) of
any such breach. In case of breach of any one of these agreements Geno.Me 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 Geno.Me 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 Geno.Me has a reasonable ground to suspect that you have
violated the terms of this Section, Geno.Me 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).
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 information is not subject to any export ban or restriction in
the country in which you reside, 2) that your
data may be transferred and/or processed outside the country in which
you reside, and 3) that you will comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
from which you access any Service online.
Geno.Me will not, at all
times, control any of the User Content posted via the Service and, as such,
does not guarantee the accuracy, integrity, or quality of such non-Geno.Me
content. You understand that by using the Services, you may be exposed to
content that is offensive, indecent, or objectionable. Under no circumstances
will Geno.Me be liable in any way for any non-Geno.Me content, including, but
not limited to, any errors or omissions in any such content, or for any loss or
damage of any kind incurred as a result of the use of any such content posted,
emailed, or otherwise transmitted via the Services.
You acknowledge that Geno.Me
and its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, review, filter, modify, refuse, or move any content
that is available via the Services. Without limiting the foregoing, Geno.Me and
its designees shall have the right to remove any content that violates the TOS
or is deemed by Geno.Me, in its sole discretion, to be otherwise objectionable.
You acknowledge and agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.
User Content. Geno.Me does not claim ownership of the User Content you
provide to Geno.Me (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 Geno.Me, 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 Geno.Me to make
such User Content available to other companies, organizations, or individuals
with whom Geno.Me has relationships, and to use such User Content in connection
with the provision of those services.
You understand that Geno.Me,
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 Geno.Me to take these actions. You represent and
warrant to Geno.Me that you have all the rights, power, and authority necessary
to grant the above license.
Electronic Health and
Medical Records, Genetic and/or Self-Reported Information Upon
agreement of these Terms of Service, you are granting permission to the
disclosure of individual-level electronic
health and medical records, Genetic information and/or
Self-Reported information to third parties for Research purposes. Note
that Geno.Me cannot control any further distribution of electronic health and medical record, Genetic
and/or Self-Reported Information that you share publicly on the Geno.Me website. You acknowledge and agree that you are
responsible for protecting and enforcing your rights and that Geno.Me has no
obligation to do so on your behalf.
Waiver of Property Rights. As stated above, you understand that by providing any data,
having your electronic health and medical records and Genetic Information
processed, accessing your electronic health and medical records, Genetic
Information, or providing Self-Reported Information, you acquire no rights in
any research or commercial products that may be developed by Geno.Me 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 electronic health and medical records, Genetic Information or
Self-Reported Information.
You agree to defend and
hold Geno.Me, 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 TOS; or your violation of any rights of another.
If you have submitted data
or otherwise provided your own electronic health and medical records and Genetic
Information, you will defend and hold harmless Geno.Me, its employees,
contractors, successors, and assigns from any liability arising out of the use
or disclosure of any information obtained from analyzing your electronic health
and medical records and Genetic Information, which is disclosed to you
consistent with our Privacy Policy or results from any third-party add-ons to
tools we provide. In addition, if you choose to provide your electronic health
and medical records, Genetic and/or Self-Reported Information to third parties
- whether individuals to whom you facilitate access, intentionally or
inadvertently, or to third parties for diagnostic or other purposes - you agree
to defend and hold harmless Geno.Me, its employees, contractors, successors,
and assigns from any and all liability arising from such disclosure or use of
your electronic health and medical records, Genetic and/or Self-Reported Information.
Other than pursuant to the
terms of the Limited License in Section 9 of this TOS or unless otherwise
agreed in a separate agreement between you and Geno.Me, 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 acknowledge that Geno.Me
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 Geno.Me'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 Geno.Me 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 electronic health and medical record and Genetic
Information due to malfunction or destruction of data servers or other
catastrophic events. You further acknowledge that Geno.Me reserves the right to
change these general practices and limits in its sole discretion.
Geno.Me 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 Geno.Me features or Services, and (ii) Geno.Me
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 Geno.Me.
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 Geno.Me to deliver these to you) as part of your use of the Services.
You acknowledge that Geno.Me
may offer different or additional technologies or features to collect and/or
interpret Genetic Information in the future and that your initial purchase of
the Service does not entitle you to any different or additional technologies or
features for collection or interpretation of your electronic health and medical
records and Genetic Information without fee, and that you may have to pay
additional fees in order to have your electronic health and medical records and
Genetic Information collected, processed, and/or interpreted using any future
or additional technologies or features.
The TOS will continue to
apply until terminated by either you or Geno.Me as set out in this Section.
If you want to terminate
your legal agreement with Geno.Me, you may do so by deleting your Geno.Me
account and data within your Account Settings. Once you submit your request to
delete your account to support@yourgeno.me, we will send an email to the
email address linked to your Geno.Me account asking you to confirm your
request. Upon receiving your confirmation, we will process your request to
delete your data, and you will no longer be able to sign-in to your account.
Geno.Me 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 TOS (or
have acted in manner which shows that you do not intend to, or are unable to
comply with, the provisions of the TOS); (2) Geno.Me 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 Geno.Me offered the Services to you has
terminated its relationship with Geno.Me or ceased to offer the Services to
you; (4) Geno.Me 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 Geno.Me is, in Geno.Me'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 Geno.Me shall not be liable to you or any third
party for any termination of your access to the Services.
When the TOS come to an
end, all of the legal rights, obligations, and liabilities that you and Geno.Me
have benefited from, been subject to (or which have accrued over time while the
TOS have been in force) or which are expressed to continue indefinitely, shall
be unaffected by this cessation, and the provisions shall continue to apply to
such rights, obligations, and liabilities indefinitely.
Your correspondence or
business dealings with-or participation in promotions of-information providers,
vendors, and/or resources found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely
between you and such information provider or resource. You acknowledge and
agree that Geno.Me shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such information provider or resources on the Service.
The Service provides, and
third parties may provide, links to other sites and resources on the Internet.
Because Geno.Me has no control over such sites and resources, you acknowledge
and agree that Geno.Me is not responsible for the availability of such external
sites or resources and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that Geno.Me shall
not be responsible or liable, directly, or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods, or services available on or through any such
hyperlinked site or resource.
You acknowledge and agree
that Geno.Me, Inc. (or Geno.Me's licensors, as applicable) owns 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 Geno.Me and that
you shall not disclose such information without Geno.Me, Inc.’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 Geno.Me, 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 Geno.Me
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.
Geno.Me, Geno.Me, Inc., and
other Geno.Me logos and product and service names are trademarks of Geno.Me,
Inc. and these marks together with any other Geno.Me, Inc. trade names, service
marks, logos, domain names, and other distinctive brand features are the "Geno.Me
Marks". Unless you have agreed otherwise in writing with Geno.Me, Inc.,
other than through the Limited License in Section 9, nothing in the TOS gives
you a right to use any Geno.Me Marks and you agree not to display, or use in
any manner, Geno.Me Marks.
You agree that you shall
not remove, obscure, or alter any proprietary rights notices (including
copyright and trademark notices) that may be affixed to or contained within the
Services.
Unless you have been
expressly authorized to do so in writing by Geno.Me, Inc., you agree that in
using the Services, you will not use any trademark, 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, Geno.Me, Inc. 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 Geno.Me, Inc., in
writing. This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Geno.Me, in the manner permitted by
the TOS. Unless Geno.Me, Inc. 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 Geno.Me for use in
accessing the Service. Any rights not expressly granted herein are reserved.
YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GENO.ME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENO.ME
MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM GENO.ME OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE
CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF
OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENO.ME DOES NOT CONTROL OR ENDORSE
ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENO.ME
SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM
YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED
BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENO.ME 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 GENO.ME 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.
Notices to you may be made
via either email or regular mail. Geno.Me may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to you
generally on or through the Services.
Official notices related to
this TOS must be sent to us via email at support@yourgeno.me.
Additionally, Geno.Me
accepts service of process at this email address. Any notices that you provide
without compliance with this section on Notices shall have no legal effect.
Geno.Me may make changes to
the TOS from time to time. When these changes are made, Geno.Me will make a new
copy of the TOS available on its website and any new additional terms will be
made available to you from within, or through, the affected Services. The
revised TOS will be effective on or after the posted date. If we make a
material change to the TOS, we will provide you with notice thirty (30) days
prior to the effective date of the change by posting a notice on our website or
sending a message to the email address associated with your account. Unless you
notify us within thirty (30) days from the time you receive notice of the new
terms that you do not agree to the terms, you will be deemed to have agreed to
the new TOS. If any change to the TOS is unacceptable to you, you may stop
using our Services and delete your account at any time. You acknowledge and
agree that if you use the Services after the date on which the TOS have
changed, Geno.Me will treat your use as acceptance of the updated TOS.
If you violate the terms of
these TOS and/or Geno.Me has a reasonable ground to suspect that you have
violated the terms of these TOS, Geno.Me 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).
PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT
IN COURT.
a.
Initial Dispute Resolution.
We are available by email at support@yourgeno.me to address any concerns you may have regarding your use of the
Service. Most concerns may be quickly resolved in this manner. You agree to use
best efforts to settle any dispute, claim, question, or disagreement directly
through consultation and good faith negotiations which shall be a precondition
to either party initiating a lawsuit or arbitration.
b.
Agreement to Binding
Arbitration. If we do not reach an agreed upon solution within a period of
thirty (30) days from the time informal dispute resolution is pursued pursuant
to Section 28(a) above, then either you or we may initiate binding arbitration.
Except for any disputes excluded below in Section 28(d), all claims arising out
of or relating to these TOS (including their formation, performance, and
breach), the parties’ relationship with each other and/or your use of the
Services shall be finally settled by binding arbitration administered on a
confidential basis. Each party will have the right to use legal counsel in
connection with arbitration at its own expense. The parties shall select a
single neutral arbitrator. The arbitrator, and not any federal, state, or local
court or agency, shall have exclusive authority to resolve all disputes arising
out of or relating to the interpretation, applicability, enforceability, or
formation of these TOS, including, but not limited to, any claim that all or
any part of these TOS is void or voidable. The arbitrator shall be empowered to
grant whatever relief would be available in a court under law or in equity. The
arbitrator’s award shall be in writing and provide a statement of the essential
findings and conclusions, shall be binding on the parties and may be entered as
a judgment in any court of competent jurisdiction. The interpretation and enforcement
of these TOS shall be subject to the Federal Arbitration Act.
c.
You understand that, absent
this mandatory provision, you would have the right to sue in court and have a
jury trial. You further understand that the right to discovery may be more
limited in arbitration than in court.
d.
Class Action and Class
Arbitration Waiver. You and we each further agree that any arbitration shall be
conducted in our respective individual capacities only and not as a class
action, and you and we each expressly waive our respective right to file a class
action or seek relief on a class basis. If any court or arbitrator determines
that the class action waiver set forth in this paragraph is void or
unenforceable for any reason or that an arbitration can proceed on a class
basis, then the arbitration provision set forth above in Section 28(b) shall be
deemed null and void in its entirety and the parties shall be deemed to have
not agreed to arbitrate disputes.
e.
Exceptions. Notwithstanding
the parties’ agreement to resolve all disputes through arbitration, either
party may seek relief (i) in a small claims court for disputes or claims within
the scope of that court’s jurisdiction, and (ii) any disputes relating to
intellectual property rights, obligations, or any infringement claims.
f.
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 TOS
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
g.
Exclusive Venue for
Litigation. To the extent that the arbitration provisions set forth in Section
28(b) do not apply or if you have opted out of arbitration, you agree that any
litigation shall be filed exclusively in state or federal courts located in Wisconsin
(except for small claims court actions which may be brought in the county where
you reside). You and we expressly consent to exclusive jurisdiction in Wisconsin
for any litigation other than small claims court actions. In the event of
litigation relating to these TOS or the Service, you agree to waive, to the
maximum extent permitted by law, any right to a jury trial, except where a jury
trial waiver is not permissible under applicable law.
a.
Entire
Agreement. The TOS constitute the
entire agreement between you and Geno.Me and govern your use of the Services,
superseding any prior agreements between you and Geno.Me on this subject. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content, or third-party software
b.
Waiver. The failure of Geno.Me to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect.
c.
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.
d.
Section
titles. The section titles in the
TOS are for convenience only and have no legal or contractual effect.
e.
Severability
Clause. If any portion of these
TOS is found to be unenforceable, the remaining portion will remain in full
force and effect.
f.
Assignment: 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, Geno.Me for any third party
that assumes our rights and obligations under this Agreement.
Authorization to
Disclose Protected Health Information to Researchers
Version: 19-Mar-2025
This Authorization to Disclose Protected Health Information to Researchers ("Authorization") is effective between you (the “Contributor”), and Geno.Me ("Company"). This Authorization is separate from the authorization set forth in the Geno.Me Terms of Service (“TOS”).
You are agreeing to this Authorization by typing in your full name and by clicking to accept or agree to “I agree to the Authorization to Disclose PHI to Researchers.” where this option is made available to you by Geno.Me during Contributor Account Signup. You acknowledge and agree that typing in your full name constitutes a valid e-signature and that your Authorization will be effective from that point onwards until revoked by you in accordance with Section 4.
1. Purpose of Authorization: The purpose of this Authorization is to authorize the Company to disclose the Contributor's protected health information ("PHI") to third party researchers ("Researchers") for the purpose of determining the Contributor's eligibility to participate in additional research, such as clinical trials.
2. Disclosure of PHI: If the Contributor accepts the Authorization, the Company may disclose the Contributor's PHI and/or Contributor’s Account Profile information to Researchers. The PHI that may be used and/or disclosed are the clinical summary, which includes but is not limited to consultation notes, discharge summary notes, history & physical, imaging narratives, laboratory report narratives, pathology report narratives, procedure notes, and progress notes. Your Contributor Account Profile information that may be used and/or disclosed are the First Name, Last Name, Phone number, Email, and Physical Address. The PHI disclosed will be limited to the information necessary to determine the Contributor's eligibility for additional research, such as clinical trials.
3. Revocation of Authorization: The Contributor may revoke this Authorization at any time by providing written notice to the Company by contacting support@yourgeno.me.
4. Relationship with Researchers: Upon disclosure of the Contributor's PHI to Researchers, the relationship between the Contributor and the Company’s involvement with determining your clinical trial eligibility will end. The Contributor may be contacted directly by Researchers if eligible to participate in additional research, such as clinical trials. The relationship between the Contributor and the Researchers will be governed by separate agreements and consents between those parties. The information disclosed per this Authorization may be subject to redisclosure by the recipient and no longer protected by HIPAA.
5. Understanding and Agreement: By accepting the Authorization, the Contributor acknowledges that the Contributor has read and understands this Authorization and agrees to its terms.
PLEASE REVIEW THIS AUTHORIZATION CAREFULLY. If you have any questions, please contact the Company via email at support@yourgeno.me before accepting. Your PHI is protected by law and you have the right to keep your PHI private. If you do not wish for your PHI to be disclosed to Researchers to be contacted if you are eligible to participate in additional research, such as clinical trials, do not accept this Authorization.