Welcome to www.Onegevityhealth.com (the "Site"), a website operated by Onegevity Health, LLC ("Onegevity", "we", "us", or "our"). We collect, analyze, and aggregate phenotypic and genotypic data for the purpose of understanding the health and wellness of individuals. We offer wellness services that enable our subscribers ("Subscribers") to purchase laboratory tests, to report their health history, and to consult with their health-care practitioner ("Health Advisor") to obtain advice regarding the results of such tests and other wellness-oriented advice (the "Services"). The following terms and conditions (the "Terms of Service") form a binding agreement between you and us when you access the Site as a "Visitor", whether or not you register and become a Subscriber or a Health Advisor (each, a "Registered User"), where "you" or "your" refers to the person accessing or using the Site or Services. Registered Users and Visitors may be referred to collectively as "Users".
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THIS SITE OR THE SERVICES.
We may at our sole discretion change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check these Terms of Service for changes prior to use of the Site or Services, and in any event your continued use of the Site or Services following the posting of changes to these Terms of Service constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Certain services available through our Site may have their own terms and conditions that apply to your use of those services. These Terms of Service do not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements you may have or will have with Onegevity ("Separate Onegevity Agreement"). To the extent there is any conflict between these Terms of Service and any Separate Onegevity Agreement, the terms of the Separate Onegevity Agreement will govern.
The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from individuals we know are younger than 18, and no part of the Site or Services is designed to attract an individual younger than 18. If we later obtain actual knowledge that a user is younger than 18, then we will take steps to remove that user's personal information from our databases. By using our Site, you represent that you are at least 18 years old.
1. USERS. You promise that all information you provide to Onegevity is true, accurate, current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is not true, accurate, current, or complete, then we may deny or terminate your access to the Site or Services (or any portion thereof).
Certain Services are only available to Registered Users who are required to set up an account prior to accessing such Services ("Account") and who execute a Separate Onegevity Agreement. When you set up an Account, you are required to enter your name, email address, password ("Password"), and certain other information collected by Onegevity depending on whether you are a Subscriber or Health Advisor. You must not transfer or share your Password or Account (collectively, the "Account Information") with any third party. You are solely responsible for maintaining the confidentiality of your Account Information, and you are fully responsible for all activities that occur under your Password or Account. You agree to immediately notify us of any unauthorized use of your Account Information or any other breach of security. You are solely responsible for the use of your Account. Without limiting any rights that Onegevity may otherwise have, Onegevity reserves the right to take any action as it deems necessary or reasonable regarding the security of the Site and your Account, including, without limitation, terminating your Account, changing your Password, or requesting additional information to authorize transactions on your Account. Notwithstanding the above, Onegevity may rely on the authority of anyone accessing your Account or using your Password, and in no event and under no circumstances will Onegevity be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Onegevity under this provision, (ii) any compromise of the confidentiality of your Account or Password, and (iii) any unauthorized access to your Account or use of your Password. You must not use anyone else's Account at any time.
2. ACCESS RIGHTS. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and to use the Services solely for your personal non-commercial use only as permitted under these Term of Service and any Separate Onegevity Agreement you may have entered into with us.
You agree that you will not, and will not attempt to: (a) interfere in any manner with the operation of the Site or our Services, or the hardware and network used to operate the Site or the Services; (b) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under this Agreement or otherwise use the Site or Services for the benefit of a third party or to operate a service bureau; (c) modify, copy, or make derivative works based on any part of the Services, the Site, or any underlying software, technology, or other information, including any printed materials of the same; (d) create Internet "links" to or from the Site or Services, or "frame" or "mirror" any Onegevity content that forms part of the Site or Services; or (e) otherwise use the Site or Services in any manner that exceeds the scope of access granted above.
Any use of third-party software provided in connection with the Site or Services will be governed by such third-party licenses and not by these Terms of Service. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account or using your Password that, if undertaken by you, would be a violation of these Terms of Service, and that such act or omission will be deemed to be a violation by you of these Terms of Service. We reserve the right, in our sole discretion, to deny use of the Site or Services to anyone for any reason.
3. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICES. You agree not to use the Site or Services to: (a) violate any local, state, federal, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or (f) disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services for any purposes other than that for which the Site or Services are being provided to you. You must not reverse engineer, disassemble, decompile, or translate any components of the Site or Services, attempt to derive the source code of any components of the Site or Services, or authorize or assist any third party to do any of the foregoing. Without our written consent, you must not: (i) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the Site or Services (including without limitation robots, spiders, or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of the Site's pages.
Use of the Site requires that you comply with certain acceptable use policies we may establish from time-to-time. As part of your responsibilities as a Visitor or a Registered User of the Site, you agree that you will not: (a) use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, or abusive; (b) infringe someone else's patent, trademark, trade secret, copyright, or other intellectual property or other rights; (c) use the Site or any Service for unsolicited or unauthorized advertising, junk email, or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication; (d) interfere with others using the Site; (e) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment; (f) disrupt, interfere, or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products, and/or services; (g) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site or Service; (h) create a false identity for the purpose of misleading others; (i) prepare, compile, use, download, or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (j) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security-related tools incorporated into the Site or Services; (k) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; or (l) systematically collect or use any content from the Site or Services, including through the use of any data mining or similar data gathering and extraction methods.
4. MODIFICATIONS TO TERMS OF SERVICE. Onegevity Health may change these Terms of Service from time to time. If you object to any such change, then your sole recourse will be to cease using the Site and the Services. Continued use of the Site and the Services following notice to you of any such change will indicate your acknowledgement of such change and your agreement to be bound by the revised Terms of Service inclusive of such change. Notice to you may be comprised of an email to your registered email address or a notice posted at the Site.
5. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify the Site or Services with or without notice to you. We will not be liable to you or to any third party if we exercise our right to modify the Site or Services. If you object to a modification, then your sole recourse will be to cease using the Site or Services. Continued use of the Site or Services following notice of any such modification will indicate your acknowledgement of such modification and your satisfaction with the Site or Services as so modified.
6. PRIVACY. As part of the login and registration process, you will be asked to provide certain personally identifiable information to us. All uses of your personally identifiable information will be treated in accordance with: (a) if you are a Registered User, the terms of a Separate Onegevity Agreement you execute with Onegevity, or (b) if you are a Visitor, our Website Privacy Statement, which is incorporated by reference into these Terms of Service. Onegevity Health's Website Privacy Statement can be accessed separately on this website. If you use the Site and/or Services, then you are accepting the terms and conditions of our Privacy Statement. If you do not agree to have your information used in the ways described in our Privacy Statement, then you should discontinue use of the Site and/or the Services. The security of your personally identifiable information is important to us. Although there is no such thing as "perfect security" on the Internet, we will take reasonable measures and implement reasonable methods to help ensure the safety of your personally identifiable information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Onegevity makes no warranty, guarantee, or representation that use of any portion of the Site is protected from viruses, security threats, or other vulnerabilities.
7. ACCURACY OF INFORMATION. Onegevity does not warrant that the information, pictures, or graphic depictions, descriptions, or other content of the Site are accurate, complete, reliable, updated, current, or error-free. You agree to notify Onegevity if you become aware of any errors or inconsistencies in the information or content provided through the Site and to comply with any corrective action taken by Onegevity.
8. THIRD-PARTY CONTENT AND MONITORING. Third parties; i.e., individuals or businesses not affiliated with Onegevity, may offer and provide products and services on or through the Site. Except for Onegevity-branded information, products, and services that are identified as being offered by Onegevity, Onegevity does not operate, control, or endorse any information, products, or services of third parties on the Site or accessible through the Site in any way. Onegevity is not responsible for examining or evaluating, and Onegevity does not warrant the offerings of, any of these third parties or the content of their websites. Onegevity does not assume any responsibility or liability for the actions, products, and content of these third parties. You should carefully review the privacy statement and the terms of service of these third parties.
9. LINKS TO THIRD-PARTY WEBSITES. Our provision of a link to a third-party website is for your convenience and does not signify our endorsement of such third-party website or its contents. We have no control over, do not review, and cannot be responsible for, any third-party website or its content. Accessing a third-party website linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable privacy statement and terms of services of that third-party website.
ONEGEVITY HEALTH WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY THIRD-PARTY WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY WEBSITE OR THEIR RESPECTIVE OWNERS AND OPERATORS.
10. OWNERSHIP. The software, code, and proprietary methods and systems used to provide the Site or the Services ("Our Technology") and the content of the Site and Services ("Our Content"): (1) are copyrighted by Onegevity and/or its licensors under U.S. and international copyright laws; (2) are subject to other intellectual property and proprietary rights and laws; and (3) are owned by Onegevity or its licensors. Neither Our Technology nor Our Content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Onegevity's prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology and Our Content, and you must not remove or alter any such notice, information, or restriction. Your use of our Technology and our Content must comply with these Terms of Service and any additional restrictions in any Separate Onegevity Agreement you enter into with Onegevity. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology, except as generally and ordinarily permitted through the Site according to these Terms of Service.
11. TERMINATION. You may terminate your Account at any time, for any reason, by sending an email to email@example.com. Onegevity may terminate your Account at any time, for any reason. You understand that termination of your Account pursuant to these Terms of Service will not entitle you to any refund. You further understand that termination of your Account will involve deletion of your personally identifiable information, as well as any other content you uploaded to the Site using such Account, from our live databases. Although we will honor a request to delete your personally identifiable information from our live databases, and we will do so upon a request from you, you further understand we will not be able to delete anonymized data about you that has been aggregated with other anonymized data.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR FOR THE DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
YOUR SEPARATE ONEGEVITY AGREEMENT MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES THE TERMINATION PROVISIONS WITHIN THE SEPARATE ONEGEVITY AGREEMENT FOR SPECIFIC SERVICES WILL GOVERN THE TERMINATION OF THOSE SERVICES.
12. PROVIDING INFORMATION ONLY. The Site and the Services are intended only for the purpose of providing information to you about your health and wellness. Neither the Site nor the Services are intended to replace medical advice or substitute for medical advice, which you should obtain only from consulting with a licensed health-care practitioner. Therefore, Registered Users and Visitors should consult with a licensed health-care practitioner before using any of the information provided on the Site and by the Services. The information provided on the Site and by the Services is strictly for informational purposes, and your use of the information on the Site and from the Services is entirely at your own risk.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONEGEVITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION. ONEGEVITY MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES ONEGEVITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES, NOR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONEGEVITY OR THROUGH THE SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ONEGEVITY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFIT, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF ONEGEVITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions, limitations, and disclaimers might not apply to you. To the extent that Onegevity may not, as a matter of applicable law, disclaim any implied warranty or limit our liability, then the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
15. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Onegevity, its parents, subsidiaries, affiliates, licensors, co-branders, suppliers, and other contract relationships, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and Visitors, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties might incur as a result of or arising from: (1) any information you submit, post, or transmit through the Site or the Services; (2) your use of the Site or the Services; (3) your violation of these Terms of Service; (4) your violation of any rights of any other person or entity; or (5) any viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines inputted by you into the Site or the Services.
16. TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks, trade dress, or logos ("Marks") of Onegevity or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated with such Marks remains with Onegevity or the third parties.
17. GEOGRAPHICAL RESTRICTIONS. Onegevity makes no representation that the products, services, and/or materials described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States. Registered Users and Visitors access the Site and the Services on their own initiative and are responsible for compliance with local laws. Certain third-party entities affiliated with Onegevity provide services and operate websites that may be linked to from our Site and which are governed by their own terms of services and not these Terms of Service, and may be subject to the laws of other U.S. or international jurisdictions.
18. MISCELLANEOUS. Except for any Separate Onegevity Agreement between you and Onegevity, these Terms of Service constitute the entire agreement between you and Onegevity with respect to the subject matter hereof, and governs your access to the Site and your use of the Services, and supersede any prior agreements between you and Onegevity with respect to the subject matter hereof.
The validity, interpretation, construction, and performance of these Terms of Service will be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Service will be resolved exclusively by final and binding arbitration in New York, New York, under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. You agree to the personal and subject matter jurisdiction and venue of the courts located in New York, New York, for any action related to these Terms of Service.
Onegevity's failure to exercise or enforce any term or condition of these Terms of Service will not constitute a waiver of such term or condition. If any term or condition of these Terms of Service is found by a court of competent jurisdiction to be invalid, then you and we nevertheless agree that the court should endeavor to give effect to the intention that is best reflected in that term or condition, and that the other terms and conditions of these Terms of Service will remain in full force and effect.
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 Site or the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You and we are acting as independent contractors, and nothing in these Terms of Service creates an agency or partnership.
You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
19. SURVIVAL. The terms and conditions related to any limitations on liability that are explicitly set forth herein will survive the expiration or earlier termination of these Terms of Service for any reason. Our (and our licensors') proprietary rights, including all intellectual property rights, in and to Our Content, Our Technology, the Site, and the Services will survive the expiration or earlier termination of the Terms of Service for any reason.
20. VIOLATIONS. Please report any violations of these Terms of Service to firstname.lastname@example.org.
Date of most recent revision: December 21, 2018