Terms of Service

Website Terms of Service

Dated: October 16, 2019

This Terms of Use (the “Agreement” or “Terms”) is an agreement between you and Aiwa Health, Inc. d/b/a Probably Genetic, who owns and controls the website www.probablygenetic.com (collectively, “Probably Genetic”, "us", "our" or "we") and sets forth the legally binding terms for your use of the website www.probablygenetic.com and any other websites controlled or operated by us (collectively the “Site”). The Terms govern your use of the Site (however accessed and/or used, whether via personal computers, mobile devices or otherwise and any other means or applications in which you connect with us).

Each time that you access or use the Site you signify that you have read, understand, and agree to be bound by our Privacy Policy incorporated herein by reference. If you do not agree to any of the terms of the privacy policy or the Terms, you must discontinue using the Site. Note that the terms of any service you may purchase through the Site will be governed by a separate agreement between you and Probably Genetic that you will be required to enter in prior to the delivery of the service.

You Consent to Contact through Electronic Communications.

By accessing the Site, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up on the Site or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us.

You should not Substitute Information on the Sites for Professional Advice

The Site does not provide medical advice. The contents of the Site, and all material published on or accessible through the Site, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, information obtained from our licensors and other materials on the Site (“Content“) are for informational purposes only. The Content is not intended to be, and should not be used as, a substitute for advice, diagnosis, or treatment by a healthcare professional. Medical information may change rapidly, and we cannot verify the accuracy or timeliness of any of this information. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Site.

YOUR USE OF THE SITE

Registration Obligations. In consideration of your use of the Site, you represent and agree that you are of legal age to form a binding contract and will provide true, accurate, current and complete information about yourself as prompted by Site for becoming a registered user or member. You do not have to become a member of the Site to use the Site. We reserve the right to deny, in our sole discretion, any user access to the Site without notice for any or no reason.

Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for the Site. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by us or another party due to someone else using your account or password.

Personal Use Only. The Site intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us copy, display or distribute any part of the Content, in any medium, without our prior written consent. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair any Probably Genetic server, or the network(s) connected to any Probably Genetic server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Probably Genetic server, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You also agree to you will use the Site only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.

Modification. Probably Genetic has the right to modify its Site and related services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Probably Genetic in providing the site or related services is to stop using the site or those services.

Accuracy of Data. No representations, neither express nor implied, are made as to the validity of any data provided by Site. While we have made reasonable efforts to supply you with current and valid information, there can be no guarantee as to any specific piece of information.

Third Party Sites: You may be able to access other websites or resources through links on the Probably Genetic site. Because Probably Genetic has no control over such sites and resources, you acknowledge and agree Probably Genetic is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not 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 websites or resources.

PROPRIETARY RIGHTS

Ownership of Content and Marks. The Content is owned by Probably Genetic or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Probably Genetic owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks, service marks, trade names, and trade dress appearing on the Site and used in connection with any related services (“Marks”), are proprietary to Probably Genetic. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content or related services, in whole or in part, without Probably Genetic prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Probably Genetic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Probably Genetic without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Probably Genetic’s name or Marks without the express written consent of Probably Genetic. All right, title and interest in and to the Site and related services is and will remain the exclusive property of Probably Genetic and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Site or related services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.

No Other License Granted. Except for allowing you to use the Site and related services for your personal use as set forth in the paragraph above, you are not receiving a license or any other rights from Probably Genetic, including intellectual property or other proprietary rights of Probably Genetic.

Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Websites (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact contact@probablygenetic.com.

LEGAL NOTICES

Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PROBABLY GENETIC MAKES NO WARRANTY THAT THE SITE AND RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE THE SITE AND RELATED SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SITE AND RELATED SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND RELATED SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROBABLY GENETIC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND RELATED SERVICES.

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PROBABLY GENETIC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL PROBABLY GENETIC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.

Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROBABLY GENETIC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR RELATED SERVICES, EVEN IF PROBABLY GENETIC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PROBABLY GENETIC AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

No liability for accumulated Content. When using the free member or user registration features of the Site, you may accumulate content in your account that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in Probably Genetic’s sole discretion with or without notice and with no liability of any kind. PROBABLY GENETIC DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON PROBABLY GENETIC’S SERVERS.

Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and related services and agree to indemnify and hold Probably Genetic, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Site and related services or your violation of either these Terms, applicable law or the rights of any third party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

GENERAL

Term and Termination. This Agreement will remain in full force and effect while you use the Site and related services. Probably Genetic can suspend or terminate your access to the Site and related services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Age Requirements. The Site is intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Site and related services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Site and related services.

Access to Services. Probably Genetic reserves the right to perform regular or planned or unplanned maintenance to our Site and related services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Probably Genetic also reserves the right to change, modify, discontinue, suspend or abandon the Site and related services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.

Availability and Use Outside of the United States. The Site and related services are controlled from facilities in the United States. Probably Genetic makes no representations that the Site or related services are appropriate or available for use in other locations. Those who access or use the Site and related services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Updates to Terms. Probably Genetic reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date shown. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site or related services. Note that special terms or rules may apply to services offered on the Sites, such as rules for sequencing services, promotions, applications or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in on the Site or during the sale of the related services or otherwise communicated to users of the Site or related services, we shall make every effort to clearly state and convey that the terms for the related services are superseded or supersede these terms provided that if there is any inconsistency in terms, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

RESOLUTION OF DISPUTES

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules.

Resolution of any Dispute. In the event a dispute arises between you and Probably Genetic, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Department at 844-778-7988, or by emailing us using our contact form located on our website https://www.probablyygenetic.com/. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:

Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Probably Genetic agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from Site; claims that may arise after the termination of your membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).

Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Probably Genetic shall be sent to the following address: Aiwa Health, Inc., d/b/a Probably Genetic, 665 Third St., Unit 150, San Francisco, CA 94107. All notices to registered users will be sent to the email provided in the user’s Account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Probably Genetic may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the JAMS (“JAMS”) under its rules and procedures, including the JAMS's Comprehensive Arbitration Rules. These rules and procedures are available by calling the JAMS or by visiting its web site at www.jamsadr.com. For any non-frivolous claim that does not exceed $5,000 Probably Genetic will: (1) pay all costs of the arbitration; and (2) if you prefer will conduct the arbitration by telephone.

Choice of Law. This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

Venue. The parties hereby irrevocably consent to the exclusive jurisdiction of the State of California and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in San Francisco County, California.

Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival. This arbitration provision shall survive termination of this agreement and the closing of your account or membership.

Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.

MISCELLANEOUS

These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and Probably Genetic. Unless specifically agreed to by the Parties for another service of Probably Genetic, they supersede any and all prior or contemporaneous agreements between you and Probably Genetic relating to your use of the Site or the related services. Probably Genetic may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Probably Genetic to partially or fully exercise any rights or the waiver of Probably Genetic of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Probably Genetic or be deemed a waiver by Probably Genetic of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Probably Genetic under these Terms, its Policies and any other applicable agreement between you and Probably Genetic shall be cumulative, and the exercise of any such right or remedy shall not limit Probably Genetic right to exercise any other right or remedy.

CONTACT US

Questions?

Do you have questions regarding this document? Feel free to contact us at:

contact@probablygenetic.com