ALLELE GENOMICS INC. Terms of Service
1. ACCEPTANCE OF TERMS
2. ELIGIBILITY REQUIREMENTS
You may not use the Services or accept the TOS if you are below the minimum age to form a binding contract with ALLELE. You must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or anyone for whom you have legal authority to agree. If your use of the Services will not include providing information about your Genetic Data (described under About the Services), you must be thirteen (13) years of age or older to use the Services and accept the TOS.
3. ABOUT THE SERVICES
ALLELE uses Genetic Data, meaning information about your genotypes (like a genetic fingerprint—your complete and unique genetic identity) collected by 23andMe and similar genetic testing companies, to create personal Genetic Health Guides. Each Genetic Health Guide is a visual representation of your Genetic Data, displayed as a GRS (Genomic Risk Score) and individual gene cards. Your GRS is a score created through a gene variance machine learning algorithm that identifies which of your genes in each category is impacted the most, and what areas of your health to prioritize with your doctor or medical professional. The GRS score will be different for each Health Guide that you purchase from ALLELE.
Other services provided by ALLELE include: using your Genetic Data to formulate Your Grocery List, which provides a list of different food and drink recommendations based on the result of your genetic risk analysis; searching for qualified geneticists, dieticians, and doctors through a location search; providing access to a community forum to discuss health conditions, vitamins, supplements, genes, and your genetic risk assessments; and providing resources to learn more about vitamins, gut health, vitamin B12 tests, hormone tests, nutritional deficiency tests, and food sensitivity tests.
ALLELE’s Services are provided “as is” and “with all faults” (see Warranty Disclaimers below). ALLELE is not responsible for the use of Services outside the terms of this TOS and other applicable terms. ALLELE may update these terms from time to time as the Services change and expand. Unless explicitly stated otherwise, each addition to ALLELE’s website that changes the current Service shall be subject to the TOS. By using ALLELE’s website and Services, you are agreeing to be bound by the then current version of these TOS.
ALLELE may discontinue certain Services or features within Services at ALLELE’s sole discretion, without prior notice to you. You may stop using ALLELE’s Services at any time, without prior notice to ALLELE, unless you require a closure of your account.
4. RISKS AND CONSIDERATIONS REGARDING ALLELE’S SERVICES
You may learn unexpected information about yourself. This information may trigger strong emotions and alter your life or perspective on life. This may be unwelcome information regarding matters you have no ability to control or change. These outcomes could have social, legal, or economic consequences.
The knowledge you gain from the Genetic Health Guide is irrevocable. There is no guarantee that the any information ALLELE provides to you will be welcome or positive. You should also understand that as research advances, for you to further assess your Gene Data, you may need to obtain further services from ALLELE, your physician, a genetic counselor, or another health care provider.
You should not solely rely on ALLELE’s recommendations for decisions regarding your health behavior and medical care. ALLELE does not make medical diagnoses, or make recommendations beyond the scope of generally accepted nutritional facts. Before acting upon the results of each Genetic Health Guide, ALLELE strongly recommends all Service users to do some reading and research, and make an appointment with a qualified geneticist, dietician, and doctor to review your results. Use of ALLELE’s services is not a substitute for medical care. ALLELE provides you with references to external medical professions for medical questions, the diagnosis of deficiencies, diseases, or conditions, and/or medical treatment.
There are many factors that determine your health, some of which may be unknown genes, environmental factors, or lifestyle choices that are more important predictors of health. Any genetic risk assessments made through each Genetic Health Guide only refers to potential risk or potential benefits from health behaviors related to recommendations, even those based on scientific studies and facts. Certain genetic characteristics are associated with specific physiological needs; however, such an association does not absolutely establish that there is evidence linking the genetic marker with such physiological needs.
Genetics research is still incomplete. While ALLELE may assess hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. While the research community is rapidly uncovering more information about genetics, many ethnic groups are not yet included in genetic studies. Because interpretations provided in our service rely on currently published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your Genetic Data, and current genetic research may prove to be incomplete or inaccurate.
You should be cautious about sharing your Genetic Data. ALLELE advises all Service users to be careful when sharing your Genetic Data with other people or organizations. The Genetic Information Nondiscrimination Act (“GINA”), which protects against discrimination by employers and health insurance companies for employment and coverage issues, was signed into law in the United States in 2008. However, the extent of the protections available through GINA has yet to be clearly established. While few businesses or insurance companies currently request genetic information, this could change in the future. Additionally, GINA does not cover life, long-term care, or disability insurance providers.
Some, but not all, states and jurisdictions have laws that also protect your Genetic Data. However, you may want to consult a lawyer to understand the extent of this legal protection before sharing your Genetic Data with anyone. For example, any Genetic Information that you share with a physician or other health care provider could later become accessible to third party health care providers or insurance companies in the future as part of your medical record. The information attached to your Genetic Data may greatly expand as new discoveries are made. Any concealment of health conditions from insurance companies based on information you learn from your Genetic Data may be considered fraud.
ALLELE is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As such, HIPAA does not apply to the transmission of health information by anyone using ALLELE to any third party. In addition, ALLELE will not transmit any of your personal health information to any third party without your permission.
ALLELE Services are for research, informational, educational, and entertainment use only. ALLELE does not provide medical advice. The Genetic Data provided by ALLELE is for research, informational, and educational use only. This means that many of the genetic discoveries that ALLELE reports have not been clinically validated, and the technology ALLELE uses to date has not been widely clinically tested. Because genetic knowledge is not comprehensive currently, ALLELE’s Services are for research, informational, educational, and entertainment 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 refer to your physician or other health care provider with questions you may have regarding deficiencies, treatment, mitigation, or prevention of any disease or the status of your health.
ALLELE does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physicians or other health care providers, supplements, procedures, opinions, or other information that may be found on ALLELE’s website. Any recommendations that are provided to you in your Genetic Health Guide or any other literature are strictly intended for informational purposes intended for discussion with your physician or other healthcare provider. Reliance on any information provided by ALLELE, ALLELE employees, others affiliated with ALLELE’s website and Services, or other ALLELE community members is solely at your own risk.
5. USER CONTENT
ALLELE does not claim ownership to any content personally created by you or submitted as part of the Services, including photos, comments in forums, posts to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give ALLELE and its affiliates 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 of your User Content.
Your use of ALLELE’s Services signifies your understanding that, in providing Services to users, ALLELE may (a) transmit or distribute User Content over various public networks and in various media; and (b) make changes to User Content to conform and adapt the User Content to technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license will permit ALLELE to take these actions.
You represent and warrant to ALLELE that you own or otherwise control any rights in and to your User Content and any and all elements thereof; that you have all the rights, power, and authority necessary to grant the above license and that your User Content will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality.
Any questions, comments, suggestions, reviews, or other information about ALLELE’s products or services submitted to ALLELE through ALLELE’s website or Services (“Feedback”) will be deemed non-confidential and non-proprietary. ALLELE will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.
You understand that ALLELE does not control and is not responsible for Feedback made available through our Services and that by using ALLELE’s website and Services, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ALLELE expressly disclaims any liability for such Feedback. You agree that you must evaluate and bear all risks associated with the use of any Feedback, that you will not rely on any Feedback, and that under no circumstances will ALLELE be liable in any way for any Feedback or for any loss or damage of any kind incurred due to your use of any Feedback posted, emailed or otherwise made available on through ALLELE’s website or Services. You acknowledge that ALLELE has the sole discretion and right, but no obligation, to refuse, delete or move any Feedback on ALLELE’s website for any reason.
Your interactions with organizations, events, health care providers, and/or other individuals found on or through ALLELE’s website are solely between you and such organizations and/or individuals. ALLELE expressly disclaims any liability for such organizations, events, health care providers, or individuals.
6. GENETIC DATA AND/OR SELF-REPORTED INFORMATION
Disclosure of individual-level Genetic Data and/or any self-reported information to third parties will not occur without explicit consent, unless required by law. Note that ALLELE cannot control any further distribution of Genetic Data and/or any self-reported information that you share publicly on the ALLELE website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that ALLELE has no obligation to do so on your behalf.
You understand that by providing any Genetic Data and/or any self-reported information, having your Genetic Data processed and analyzed, accessing your Genetic Data and Genetic Health Guide, or providing self-reported information, you acquire no rights in any research or commercial products that may be developed by ALLELE or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Data, Genetic Health Guide, or any other self-reported information.
7. USER INFORMATION AND SECURITY OBLIGATIONS
In consideration of your use of ALLELE’s Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Service, and maintain and promptly update the any submitted information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if ALLELE has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, ALLELE 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).
You will need to create a password and account to access and purchase ALLELE’s Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access ALLELE’s website through your username and password, you will defend and indemnify ALLELE 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 immediately notify ALLELE of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. ALLELE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
9. UNLAWFUL AND UNAUTHORIZED CUSTOMER CONDUCT
Your use of ALLELE’s Services is conditioned on your agreement and representation that you will not engage in unlawful or unauthorized conduct under the TOS or any applicable laws and regulations. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You may not use ALLELE or any platform belonging to ALLELE (e.g. social media) to upload, post, email, or transmit any material that is derogatory, defamatory, obscene, or offensive, such as profanity, name calling, 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. You may not harm minors in any way.
You may not upload, share, or post genetic data belonging to any users over whom you have no legal authority on ALLELE’s community forum, under any circumstances.
You may not impersonate any person or entity, including, but not limited to, anyone affiliated with ALLELE or falsely represent or state your affiliation with another person or entity. You may not “stalk” or otherwise harass other users of ALLELE’s website or any employee or anyone else affiliated with the Services or ALLELE’s website.
You may not use any software (manual or automated) to access, “scrape,” “crawl,” or “spider” ALLELE’s website or Services or any of ALLELE’s other communications platforms, online social media sites, online materials, or blogs. You may not engage in "framing," "mirroring," or otherwise simulating the appearance or function of ALLELE’s website. You may not interfere with or disrupt ALLELE’s Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
You may not 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.
You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense or commercially exploit ALLELE’s website or Services. You may not reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You may not download any file posted by another user of ALLELE’s Service that you know, or reasonably should know, cannot legally be distributed in such manner. You may not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of ALLELE or any other party.
You may not violate these TOS, 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 ALLELE. You may not 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 ALLELE 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 ALLELE may suffer) of any such breach. In case of breach of any one of these agreements ALLELE 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 ALLELE 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 ALLELE has a reasonable ground to suspect that you have violated the terms of this Section, ALLELE 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).
You represent and warrant that You will not create a fake genetic identity or use services from sites like LiveWello or any similar site to create a fake genetic identity and use the fake genetic identity in any manner with the Site and Services. Further, you represent that you will not use ALLELE reports for use on other websites like LiveWello.
You agree to defend and hold ALLELE, 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 provided your own Genetic Data or any other self-reported information to ALLELE, you will defend and hold harmless ALLELE, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your Genetic Data, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools ALLELE provides. In addition, if you choose to provide your Genetic Data and/or any other 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 ALLELE, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic Data and/or self-reported information.
11. INTELLECTUAL PROPERTY
The contents of ALLELE’s website and Services, including all genetic reports, software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of ALLELE’s website and Services (collectively, “ Material”) unless otherwise indicated, are owned, controlled, and/or licensed by ALLELE or its licensors. Any rights granted herein are expressly licensed. ALLELE does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to ALLELE’s website or Services (or any part thereof) to you or anyone else.
Any unauthorized use of ALLELE’s website or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. ALLELE’s website, Services and Material are Copyright © 2017-2018. ALLELE GENOMICS, INC.. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site, Services or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site or Services. You may not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of ALLELE or its owner if ALLELE is not the owner. “ALLELE” and all other names, logos, and icons identifying ALLELE and its products and services are proprietary trademarks that belong to us. Other trademarks, names and logos on ALLELE’s website are the property of their respective owners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
Pursuant to Title 17 of the United States Code, § 512, ALLELE has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe a user of ALLELE’s website or Services is infringing your copyright or other intellectual property right, please provide written notice to our Agent for notice of claims of infringement as follows:
ALLELE GENOMICS, INC.
2711 Centerville Rd., Suite 400
Wilmington, DE 19808
To be sure the matter is handled promptly, your written notice must:
· Identify the copyrighted work or other intellectual property alleged to have been infringed;
· Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
· Contain adequate information by which ALLELE can contact you (including postal address, telephone number, and e-mail address);
· Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
· Contain a statement that the information in the written notice is accurate; and
· Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
12. PROHIBITION ON RESELLING OF SERVICE
Other than pursuant to the terms of this TOS or unless otherwise agreed in a separate agreement between you and ALLELE, 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 ALLELE’s Service, use of the Service, or access to the Service.
13. USE AND STORAGE PRACTICES
You acknowledge that ALLELE may establish general practices and limits concerning use of ALLELE’s Services, including without limitation the maximum number of days that your personal information, Genetic Data, and Service content will be retained by ALLELE, the maximum disk space that will be allotted on ALLELE’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access ALLELE’s Services in a given period of time. You acknowledge and agree that ALLELE 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 information from either your Genetic Data or Genetic Health Guide due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that ALLELE reserves the right to change these general practices and limits in its sole discretion.
14. MODIFICATIONS TO SERVICES
ALLELE reserves all rights to modify or discontinue, temporarily or permanently, ALLELE’s Services (or any part thereof) with or without notice, at any and all times. You acknowledge and agree that modifications may result in a delayed access to ALLELE’s features or Services, and ALLELE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of ALLELE’s Services.
You acknowledge that ALLELE may offer different or additional technologies or features to collect and/or interpret Genetic Data 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 Data without fee, and that you will have to pay additional fees in order to have your Genetic Data collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will is binding and will continue to apply until terminated by either you or ALLELE as set out in this Section.
If you want to terminate your legal agreement with ALLELE, you may do so by
notifying ALLELE at any time in writing, which will entail closing your
accounts for all of ALLELE’s Services that you use. Your notice should be sent, in writing, to ALLELE’s address, which is:
ALLELE GENOMICS, INC.
2711 Centerville Rd., Suite 400
Wilmington, DE 19808
If you provide notice online, ALLELE will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
ALLELE may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
(a) 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);
(b) ALLELE is required to do so by law;
(c) the partner with whom ALLELE offered the Services to you has terminated its relationship with ALLELE or ceased to offer Services to you;
(d) ALLELE is transitioning to no longer providing Services to users in the country or state in which you reside or from which you use the Services; or
(e) the provision of the Services to you by ALLELE is, in ALLELE’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 ALLELE shall not be liable to you or any third party for any termination of your access to the Services.
16. SURVIVAL OF TERMS AFTER TERMINATION
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and ALLELE 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 any termination, and the provisions of each section under this TOS shall continue to apply to such rights, obligations, and liabilities indefinitely.
17. DEALING WITH INFORMATION PROVIDERS AND PARTICIPATION IN PROMOTIONS
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through ALLELE’s 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 ALLELE 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 ALLELE’s Service.
18. HYPERLINKS WITHIN ALLELE’S WEBSITE
ALLELE’s Service provides, and third parties may provide, links to other sites and resources on the Internet. ALLELE has no control over such sites and resources, and you acknowledge and agree that ALLELE 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 ALLELE 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.
19. WARRANTY DISCLAIMERS
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. ALLELE 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) ALLELE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND/OR 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 ALLELE, THROUGH OR FROM THE SERVICES, AND/OR THROUGH OR FROM ALLELE’S COMMUNITY FORUM 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. ALLELE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, ALLELE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
20. LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT ALLELE 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 ALLELE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
(1) THE USE OR THE INABILITY TO USE ALLELE’S WEBSITE OR SERVICES;
(2) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES OR THROUGH ALLELE’S COMMUNITY FORUM;
(3) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(4) 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 ALLELE’S SERVICES;
(5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(6) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR
(7) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ALLELE’S WEBSITE OR SERVICES.
Notices to you may be made via either email or regular mail. ALLELE 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 ALLELE at:
ALLELE GENOMICS, INC.
2711 Centerville Rd., Suite 400
Wilmington, DE 19808
Additionally, ALLELE accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
22. ENTIRE AGREEMENT
The TOS constitute the entire agreement between you and ALLELE and govern your use of ALLELE’s website and Services, superseding any prior agreements between you and ALLELE 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.
23. APPLICABLE LAW AND ARBITRATION
Except for any disputes relating to intellectual property rights,
obligations, or any infringement claims, any disputes with ALLELE arising
out of or relating to the TOS (“Disputes”) shall be
governed by Delaware law regardless of your country of origin or where you
access ALLELE, 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 New Castle County, Delaware, 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.
The failure of ALLELE 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.
25. TIME PERIOD TO FILE 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.
26. ADMISSIBILITY OF PRINTED TERMS OF SERVICE AGREEMENT
A printed version of this Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. SEVERABILITY CLAUSE
If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
ALLELE reserves the right to modify, supplement or replace the terms of this agreement, effective upon posting at getallele.com or notifying you otherwise. If you do not want to agree to changes to this agreement, you can terminate this agreement at any time per the Termination Section of this TOS.
You are prohibited from assigning or delegating any rights or obligations under this TOS. Any purported assignment and delegation shall be ineffective. ALLELE may freely assign or delegate all rights and obligations under the TOS, fully or partially without notice to you. ALLELE may also substitute, by way of unilateral novation, effective upon notice to you, ALLELE for any third party that assumes our rights and obligations under this TOS.