Waitlist Terms of Service
ACCEPTANCE OF TERMS OF SERVICE
Dated: November 21, 2019
IMPORTANT: These waitlist terms of service govern the placing of pre-orders (“Pre-Order”) for genetic testing services (a“Test” or the “Tests”) performed by Aiwa Health, Inc. d/b/aProbably Genetic (“Probably Genetic,” “we,” or “us”). Please read these Terms of Service carefully before submitting your Pre-Order of any Tests. By submitting your Pre-Order, you agree to be legally bound by these terms.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE(S), SIGN UP FOR THE WAITLIST ORBY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.
2. Ordering the Test; Medical Advice
If you are an individual requesting the Test for yourself, Probably Genetic recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about the treatment, mitigation, or prevention of any genetic condition, or how your genes may impact how you process or respond to certain medications. ProbablyGenetic’s clinical Tests can only be ordered by an authorized healthcare provider. Once you submit a request for a Test, a physician will review your request to decide if the order can be approved. Upon approval of the request, your Test will be ordered from Probably Genetic through the reviewing physician.You understand and agree that the Test is an informational test and not a diagnostic test, and that Results are intended solely for use by a healthcare provider. You should not make medical decisions or changes to medications or dosages without consulting a healthcare provider. Probably Genetic does not provide medical services, diagnosis, treatment, or advice. Nothing contained in the Results or made available through the Service(s) (e.g., consults with ProbablyGenetic’s genetic counselors or clinical pharmacists) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between ProbablyGenetic and you. The information provided by the Test or through the Site orService is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management.
3. Healthcare Providers Acting on Behalf of Their Patients
If you are a healthcare provider obtaining a patient sample or submitting an order for your patient, you represent and warrant that:(i) you are authorized in your jurisdiction to order the Test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Test(s) and Service; (iii) you have obtained consent from your patient to share patient health information with ProbablyGenetic, as required under the Health Insurance Portability and AccountabilityAct of 1996, as amended, and any other applicable data privacy requirements;(iv) you have confirmed that your patient has signed or will sign the InformedConsent, available on our website www.probablygenetic.com, either in paper form or upon activating their TestKit through the Site; and (v) you will notify Probably Genetic of any changes in patient information and consent status (e.g., changes in consent regarding sample storage or participation in optional research).
4. Accounts and Activation
During the account creation process, you will be required to provide us with some information about yourself (such as your email address or other contact information), or if you are a healthcare provider, about the individual for whom the Test is intended to be used. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. Individuals setting up an account for themselves will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. We will never request your password in a phone call, email, or chat. However, when you contact our customer support, genetic counselors, or clinical pharmacists, we may ask you to confirm certain PII (as that term is defined below) to verify your identity and help keep your account information secure. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages) until that communication reaches our information systems. You agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us at email@example.com.
At any time, you may request that we deactivate your account by contacting Probably Genetic at firstname.lastname@example.org. It may take us up to thirty (30) days from the date that we begin processing your request to deactivate your account. If you choose to deactivate your account, you will be unsubscribed from all marketing emails; and Probably Genetic will not provide you with any of the Services going forward (including, without limitation, any Results that have not yet been reported, or any updates or changes to your Results). Although Probably Genetic can remove your information from its active databases, some or all of your information from deactivated accounts will remain in Probably Genetic’s inactive database for compliance with legal, regulatory, and other requirements.
Probably Genetic reserves the right, in its sole discretion, to terminate your account at any time, and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you. Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.
5. Additional Service Terms
Your use of the Services may be subject to additional terms, policies, rules or guidelines applicable to a particular Service. When you use such Service(s), you agree or will agree to be subject to such terms, policies, rules and guidelines applicable to thatService (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such terms shall control. All queries and associated source IPs are logged, and Probably Genetic will take appropriate remedial action if we discover or reasonably suspect non-compliance with these ServiceTerms.
6. Your Information
To receive the Services, you must provide a saliva or blood sample in accordance with Probably Genetic’s collection procedures. Your sample and PII will be transferred to third party sequencing vendors in the US or internationally that Probably Genetic uses for processing.
7. Data Privacy Regulations; International Clients
The Services are hosted and performed in the UnitedStates (“US”) and are subject to applicable US laws, rules, and regulations. You understand and agree that the Services and the Site may not be accessible or appropriate for use outside of the US. If you choose to use theServices and/or Site from regions outside of the US, then you do so at your own initiative, and by your use of the Services and/or Site you acknowledge and agree that: (a) you are transferring your personal information outside of those regions to the US for genetic analysis, storage, and processing as required forProbably Genetic and its contractors to perform the Services; (b) the laws and regulations of the US shall govern your use of the Services and provision of your information, which laws and regulations may differ from those of your country of residence; (c) to the extent any local laws apply to your use, you will be responsible for compliance with such laws; and (d) access to theServices may not be legal by certain persons or in certain countries. ProbablyGenetic may refuse to provide the Services on any of the foregoing bases or any other reason.
You acknowledge and agree that Probably Genetic may decline or delay Pre-Orders to avoid over subscriptions or as it deems appropriate, provided that we will make efforts to inform you within three (3)months of our receipt of your Pre-Order, and that you will be entitled a full refund of the purchase Price. You may be charged the full Price of the Test at the time of placing the Pre-Order or joining the waitlist. If Probably Genetic is unable to commence shipping the Test on or before the 6-month anniversary of your placing the Pre-Order, Probably Genetic shall process a full refund to you. Your placing of a Pre-Order constitutes your express agreement to ProbablyGenetic of charging the full Price of the Test at such time.
9. Pre-Pay Payment, Refunds, and Test Kit Replacements
You may be required to pay a fee to be on the waitlist or receive the Services. All fees are in US Dollars, and all payments will be processed by a US bank. If you pay with a credit or debit card, Probably Genetic may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase and sale of the Services shall be deemed to occur in the state of California, United States.
Probably Genetic’s clinical Tests are physician-ordered. In the event that your ordering physician decides that the requested testing is not appropriate for you, you will receive a full refund. If you decide that you no longer want the Services, please contact us immediately. We are unable to process a refund if more than 30 days has passed since the Test was purchased, or if our lab has received your sample. If theServices can be refunded, you will receive a refund on the purchasing card, if applicable, less shipping and handling fees and a $25 cancellation fee to cover the cost of the Test Kit if the Test Kit has already been shipped to you.
Please return your saliva sample as soon as possible after you receive your Test Kit. Your failure to timely provide a sample may result in the expiration of the Test.
10. Insurance Coverage
Probably Genetics provides only private pay services and does not assist in insurance reimbursement. You agree that you will not seek reimbursement of the Services from any federal or state health care program or provider in violation of applicable federal and state laws, rules, or regulations.
11. Promotional Offers
Probably Genetic may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each, a “Promotional Offer”).Such Promotional Offers are only available to US residents and are void where prohibited. Promotional Offers may not be combined and may not be resold, forwarded or otherwise transferred to any third party other than the intended recipient, and may not be applied to Services or Tests paid for by insurance(private or government reimbursed). Probably Genetic reserves the right to modify or discontinue Promotional Offers at any time, or to deny PromotionalOffers used in breach of the Terms and the Promotional Offer will be null and void. Probably Genetic also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of theTerms, or any applicable law, rule, or regulation.
IN THE EVENT A PROMOTIONAL OFFER IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND PROBABLY GENETIC'SSOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT PROMOTIONAL OFFER. IN NO EVENT WILL PROBABLY GENETIC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF A PROMOTIONAL OFFER, OR YOUR INABILITY TO USE A PROMOTIONAL OFFER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PROBABLY GENETIC HAS BEEN INFORMED OF THE POSSIBILITY OFSUCH DAMAGE.
Probably Genetic reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. If no such offer expiration period is specified, then such Promotional Offer shall expire twelve(12) months after its first offering or availability.
12. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "ASIS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROBABLY GENETIC SPECIFICALLY(BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, PROBABLY GENETIC DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONSULTS WITH PROBABLY GENETIC’S GENETIC COUNSELORS OR CLINICAL PHARMACISTS) WILL CREATE ANY WARRANTY REGARDING THE PROBABLY GENETIC ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. BY USING THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING WITH A PHYSICIAN.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability; Waiver
IN NO EVENT WILL PROBABLY GENETIC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE WAITLIST, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SITE OR OBTAINED IN CONNECTION WITH JOINING THE WAITLIST OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PROBABLY GENETIC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF PROBABLY GENETIC TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY, OR (B) US$10. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
16. Dispute Resolution and Arbitration
You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and/or Site, and your acceptance and use of the Results shall be resolved by binding arbitration governed set out in the website terms and conditions.
17. Modification of the Terms