This terms and conditions (“ Terms”) forms the basis of your relationship with 54gene (“ we”, “ us”, “ our”) and sets out our mutual agreement as to our respective rights and responsibilities when you use our website, our web or mobile applications, or any of our products or services (collectively, the “ Services”).
Except as specified herein, these Terms apply to any use of the Services, including but not limited to:
Genetic Information: means data that results from the analysis or processing of the DNA code of your genes generated through processing of your saliva by 54gene or by its contractors, successors, and assignees; or otherwise processed by and/or contributed by you to 54gene as well as any interpretation of that data.
Personal Information: means any information that can be used to identify you or any minor, either alone or in combination with other information and includes information you provide about yourself or a minor when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information); and information about disease conditions, other health-related information, personal traits, ethnicity, family history, etc relating to you or any minor,
Site: means www.54gene.com or any web or mobile application through which the Services are offered.
User Content: means all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials other than Genetic Information generated by users of the 54gene Services and transmitted, whether publicly or privately, to or through 54gene.
Use of our Saliva Sample Collection Kit: To provide us with your saliva sample, we will provide you with a saliva sample collection kit to enable you deposit your saliva for transmission to us.
Analysis and Processing of DNA Data: By providing us with your saliva sample, we collect, analyse and store the data that make up the DNA code of your genes. is in these Terms referred to as your Genetic Information.
Provision of Genetic Information:Through the 54gene Site, we provide you access to your Genetic Information, insights about you based on your Genetic Information and may from time to time offer you products and services that will use, interpret and deliver your Genetic Information. You acknowledge and agree that the Services are based on the current state of the art of genetic research and technology in use by 54gene at the time of use, purchase or access. You acknowledge and agree that the form and nature of the Services which 54gene provides may change from time to time without prior notice to you. 54gene assumes no responsibility for the use of Services outside these Terms or other applicable terms.
If you do not meet these requirements, you must not access or use the Services.
To protect your privacy when you share your saliva sample with us, each adult who submits a saliva sample for a DNA test must create their own account. To establish a 54gene account, you must provide certain information that we request. This information may include your name and email address; your date of birth; and information we need to provide you the Services. Your mailing address will be used to send you a 54gene saliva collection kit.
To protect your account, please keep your password confidential. You must provide accurate, complete and current registration information when you register. If you allow third parties to access 54gene’s Site through your username and password, you will defend and indemnify 54gene 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 54gene 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. 54gene cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You agree not to let someone else access the Services using your username, password or other security information. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. 54gene cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize 54gene to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow 54gene to reasonably verify your identity.
Your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms. You may at any time request that we delete your data and account.
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
You must obtain internet access to use the Services. You are responsible for (i) any internet access fees and providing your own equipment for internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms and comply with them.
You always maintain ownership of your data, but we need the ability to use your data for the purposes set out in our Privacy Statement and these Terms, and, if you agree to it, in our Research Consent Document
In addition, depending on the country where the person providing the saliva sample is located, such person may also be required to explicitly consent to the processing of personal information. A parent or legal guardian may require the Services on behalf of a minor and therefore provide us Personal Information and send us the saliva sample of a minor child for processing or using an account for that child that is directly managed by the parent or legal guardian.
By submitting any Personal Information about a minor you represent that you are the minor's parent or legal guardian. You also agree that you have discussed the DNA test with the minor and the minor has agreed to the collection and processing of their saliva.
You also agree that we may directly or through other companies who help us provide the Services:
In case of breach of any one of these representations 54gene 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 54gene and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
We may revise and update these Terms and post the updated Terms of Service on this Site. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms, you acknowledge and agree to the revised Terms.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. In the event that any of the Services is supplemented, enhanced or changed, such supplemented enhanced or changed Service shall be governed by these Terms. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. 54gene 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 54gene features or Services, and (ii) 54gene 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 54gene. 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 54gene to deliver these to you) as part of your use of the Services.
You acknowledge that 54gene may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
Separate terms may apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.
You may learn unanticipated information
You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., unexpected facts related to your ancestry or discovering an unexpected genetic risk for a health condition). This information may induce strong emotions and has the potential to alter your life and worldview. These outcomes could have social, legal, or economic implications.
Genetics is an evolving field of study
Genetic Information is based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A Genetic Information based on the current state of knowledge may have a different interpretation in the future.
Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid. Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait.
Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. Therefore, some Genetic Information may reveal variations in your DNA that we cannot currently interpret.
Genetic Information provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.
You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from 54gene, your physician, a genetic counsellor, or other health care provider.
We encourage you to talk to a genetic counsellor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counsellor also can help you understand your results and options.
Inability to process your saliva samples
The laboratory may not be able to process your sample if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, 54gene will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, 54gene will offer to send another kit to the user to collect a second sample at no charge. If the user sends another sample and 54gene's attempts to process the second sample are unsuccessful, 54gene will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to 54gene, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, 54gene will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
Make sure you consult a physician or health care provider in relation to any health-related discoveries
Please discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from 54gene Services. If you have concerns or questions about what you learn through 54gene, you should contact your physician or other health care provider.
54gene Services do not provide medical advice
The Genetic Information provided by 54gene is for research, informational, and educational use only. This means that many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. In order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite users of our Service to participate in 54gene Research. Participation in such research is voluntary and based upon the execution of our Research Consent Document. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the user 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.
54gene 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 Site. If we provide to you on our Site any recommendations that identify for you, based on your Genetic 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. Only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by 54gene, our employees, others appearing on our Site at the invitation of 54gene, or other visitors to our Site is solely at your own risk.
Genetics cannot tell you everything about yourself
There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.
The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait. In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.
Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait. In some cases, it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).
Although we our focus on quality, problems may occur in the course of analysing or processing your Genetic Information from time to time. These problems may result from sample misidentification, a contaminated sample or insufficient DNA. We continuously perform quality control on our processes and procedures. Even so, errors may result during data generation in the lab and in the processing of the data on servers.
If you believe your sample has been misidentified, please contact Customer Care for help. Please see our retesting and return policies.
You should be careful about sharing your Genetic Information with others and know the consequences before doing so. Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
Please see our Privacy Statement for further information about how we handle your Genetic Information and your options for disclosure of such information. Our Privacy Statement describes how 54gene protects your privacy.
The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by 54gene and its licensors and are protected by applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 54gene grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2019 54gene. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. 54gene grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. 54gene saliva sample collection Kits may not otherwise be resold, distributed, transferred or used for any purpose other than using the Services yourself without the express prior written agreement of 54gene. 54gene reserves all rights not expressly granted. You further acknowledge that the Services may contain information which is designated confidential by 54gene and that you shall not disclose such information without 54gene’s prior written consent. If you provide 54gene with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that 54gene may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. The 54gene name and logos, and the 54gene App icon are trademarks of 54gene. You must not use the trademarks without the prior written permission of 54gene. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
User Content: 54gene does not claim ownership of the User Content you provide to 54gene (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 54gene, its affiliated companies, sublicensees, 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 54gene to make such User Content available to other companies, organizations, or individuals with whom 54gene has relationships, and to use such User Content in connection with the provision of those services. You understand that 54gene, 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 54gene to take these actions. You represent and warrant to 54gene that you have all the rights, power, and authority necessary to grant the above license. Genetic and Personal Information. Disclosure of individual-level Genetic and/or Personal Information to third parties will not occur without explicit consent, unless required by law. Note that 54gene cannot control any further distribution of Genetic and/or Personal Information that you share publicly on the 54gene website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that 54gene has no obligation to do so on your behalf. Your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these Terms. You understand that you should not expect any financial benefit from 54gene as a result of having your Genetic Information processed; made available to you; or shared with your consent to our research partners. Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Personal Information, you acquire no rights in any research or commercial products that may be developed by 54gene or its collaborating partners.
You acknowledge that 54gene may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Genetic Information or Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on 54gene’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 54gene 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 54gene reserves the right to change these general practices and limits in its sole discretion.
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by 54gene for any Service; or by (2) actually using the Services. Further, you acknowledge and agree that 54gene 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 54gene may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the 54gene Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 54gene, 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, 54gene may, in its sole discretion, restrict access to the website for any reason.
54gene may engage in genomic research and may invite you to make available to 54gene your Genetic Information and other information you provide about yourself for research purposes.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to: use the Site in any way that could disable, overburden, damage, or impair the Site; use the Site in any way that could interfere with any other party’s use of the Services; reverse engineer, copy, modify or create derivative works of the software used in the Site or any application provided as part of the Services; use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by 54gene; market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise; engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services; use any device, software or routine that interferes with the proper working of the Site; introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; attack the Site via a denial-of-service attack or a distributed denial-of-service attack; attempt to bypass methods that 54gene may use to prevent or restrict access to the Site or Services; access or attempt to access another customer’s 54gene Account; or otherwise attempt to interfere with the proper working of the Site.
The Site may include content provided by third parties, such as other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of 54gene. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content. If the Site contains links to other sites and resources provided by a third party, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
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. 54GENE 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) 54GENE 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 54GENE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. 54GENE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, 54GENE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 54GENE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 54GENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE OR 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 THE USE OF 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless 54gene, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from this Site.
If you want to terminate your legal agreement with 54gene, you may do so by notifying 54gene at any time in writing, which will entail closing your accounts for all of the Services that you use in accordance with clause 19 below. 54gene may at any time, terminate its legal agreement with you (and in conjunction therewith, invalidate your password and account(s)) if: (1) you have breached any provision of the Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) 54gene 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 54gene offered the Services to you has terminated its relationship with 54gene or ceased to offer the Services to you; (4) 54gene 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 54gene is, in 54gene’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 54gene shall not be liable to you or any third party for any termination of your access to the Services.
You may discontinue use of the Services at any time. You also have the right to close your 54gene Account at any time through your 54gene account settings. In keeping with our Privacy Statement, if you close your account, your information will no longer be accessible through the Site or Services. We cannot restore access to your 54gene Account after it has been closed. You will be unable to access or use the Services on the Site unless you create a new 54gene account and submit another saliva sample using a 54gene saliva sample Kit. Genetic Information that has already been transferred to partners may not be able to be removed or de-identified from partners’ databases by 54gene. If you violate these Terms, 54gene has the right to terminate your access to all or part of the Services.
You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your 54gene Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services. You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
Entire Agreement. The Terms and all other documents referenced herein constitute the entire agreement between you and 54gene and govern your use of the Services, superseding any prior agreements between you and 54gene 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 Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with 54gene arising out of or relating to the Agreement ( "Disputes") shall be governed by California law regardless of your country of origin or where you access 54gene, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Waiver. The failure of 54gene to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Severability:The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable. 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 must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. Section titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. 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, 54gene for any third party that assumes our rights and obligations under this Agreement. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.54gene.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).