Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the
www.geneticaffairs.com website (the "Service") operated by Genetic Affairs ("us", "we", or
"our").
Your access to and use of the Service is subject to your acceptance of and compliance with these
Terms. These Terms apply to all visitors, users who access or use the Service. By accessing or using
the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then
you may not access the Service.
To help you to read these Terms, we have broken them down into the following sections:
1. Fees and Payments
2. Privacy
3. Accounts
4. Links to Other Web Sites
5. Governing law
6. Changes
7. Acceptable Uses
8. Suspension and Termination of Services
9. Changes and Updates
10. Disclaimers and Limitations of Liability
11. Contact Us
1. Fees and Payments.
1a. Fees for Services. You agree to pay to Genetic Affairs any fees for each Service you purchase or
use, in accordance with the pricing and payment terms presented to you for that Service. Where
applicable, you will be billed using the billing method you select through your account management
page. Fees paid by you are non-refundable, except as provided in these Terms or when required by
law.
1b. Subscriptions. Some of our Services are billed on a subscription basis (we call these
'Subscriptions'). This means that you will be billed in advance on a recurring, periodic basis (each
period is called a 'billing cycle'). Billing cycles are typically monthly, depending on what
subscription plan you select when purchasing a Subscription. Your Subscription will automatically
renew at the end of each billing cycle unless you cancel auto-renewal through your online account
management page, or by contacting our customer support team. While we will be sad to see you go, you
may cancel auto-renewal on your Subscription at any time, in which case your Subscription will
continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your
Subscription immediately after the Subscription starts if you do not want it to renew.
1c. Price Changes. Genetic Affairs may change the fees charged for the Services at any time,
provided that, for Services billed on a subscription basis, the change will become effective only at
the end of the then-current billing cycle of your Subscription. Genetic Affairs will provide you
with reasonable prior notice of any change in fees to give you an opportunity to cancel your
Subscription before the change becomes effective.
2. Privacy
2a. Privacy. In the course of using the Services, you may submit content to Genetic Affairs
(including your personal data and the login credentials of other websites). We know that by giving
us your Content, you are trusting us to treat it appropriately. Genetic Affairs's Privacy Policy, together with any
Service-specific data use policies, privacy statements and privacy notices (collectively, 'privacy
policies'), detail how we treat your Content and personal data and we agree to adhere to those
privacy policies. You in turn agree that Genetic Affairs may use and share your Content in
accordance with our privacy policies.
2b. Confidentiality. Genetic Affairs will treat your Content as confidential information and only
use and disclose it in accordance with these Terms (including our privacy policies). Genetic Affairs
may disclose your Content when required by law or legal process, but only after Genetic Affairs, if
permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to
challenge the requirement to disclose.
2c. Security. Genetic Affairs will store and process your Content in a manner consistent with
industry security standards. Genetic Affairs has implemented appropriate technical, organizational,
and administrative systems, policies, and procedures designed to help ensure the security,
integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or
use of your Content. See our FAQ section for more information concerning
these policies and procedures.
3. Accounts
3a. Password secure. You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your password is with our
Service or a third-party service (such as LastPass). You agree not to disclose your password to any
third party. You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
3b. Account Inactivity. Genetic Affairs may terminate your account and delete any content contained
in it if there is no account activity for over 12 months. However, we will attempt to warn you by
email before terminating your account to provide you with an opportunity to log in to your account
so that it remains active.
4. Links to Other Web Sites.
4a. Our Service is depending on third-party web sites or services that are not owned or controlled
by Genetic Affairs. Genetic Affairs has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that Genetic Affairs 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 third-party web
sites or services. We strongly advise you to read the terms and conditions and privacy policies of
any third-party web sites or services that you visit.
5. Governing Law
5a. These Terms shall be governed and construed in accordance with the laws of Oregon, United
States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in full force and effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace any prior agreements we
might have between us regarding the Service.
6. Changes
6a. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
revision is material we will provide and will try do so 30 days in advance prior to any new terms
taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, please stop using the
Service.
7. Acceptable Uses
Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable
law.
Your Responsibilities. You are responsible for your conduct while using the Services. You must
comply with the following requirements when using the Services:
7a. You may not purchase, use, or access the Services for the purpose of building a competitive
product or service or for any other competitive purposes.
7b. You may not misuse our Services by interfering with their normal operation, or attempting to
access them using a method other than through the interfaces and instructions that we provide.
7c. You may not circumvent or attempt to circumvent any limitations that Genetic Affairs imposes on
your account (such as by opening up a new account to retrieve updates for an account that we have
closed for a Terms violation).
7d. Unless authorized by Genetic Affairs in writing, you may not probe, scan, or test the
vulnerability of any Genetic Affairs system or network.
7e. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the
Services, or attempt to do so.
7f. You may not engage in abusive or excessive use of the Services, which is usage significantly in
excess of average usage patterns that adversely affects the speed, responsiveness, stability,
availability, or functionality of the Services for other users. Genetic Affairs will endeavor to
notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage
to a level acceptable to Genetic Affairs.
7g. Unless authorized by Genetic Affairs in writing, you may not resell or lease the
Services.
8. Suspension and Termination of Services
8a. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a
refund for any period of time you did not use in that billing cycle unless you are terminating these
Terms for any of the following reasons: (a) we have materially breached these Terms and failed to
cure that breach within 30 days after you have so notified us in writing; or (b) a refund is
required by law.
8b. By Genetic Affairs. Genetic Affairs may terminate your Subscription at the end of a billing
cycle by providing at least 3 days’ prior written notice to you. Genetic Affairs may terminate your
Subscription for any reason by providing at least 30 days’ written notice to you and will provide a
pro rata refund for any period of time you did not use in that billing cycle. Genetic Affairs may
suspend performance or terminate your Subscription for any of the following reasons: (a) you have
materially breached these Terms and failed to cure that breach within 30 days after Genetic Affairs
has so notified you in writing; (b) you cease your business operations or become subject to
insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay
fees for 30 days past the due date. Additionally, Genetic Affairs may limit or suspend the Services
to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal
liability to us or disrupts others’ use of the Services. Genetic Affairs may also suspend providing
the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or
terminate the Services you receive, we will endeavor to give you advance notice and an opportunity
to export a copy of your Content from that Service. However, there may be time sensitive situations
where Genetic Affairs may decide that we need to take immediate action without notice. Genetic
Affairs will use commercially reasonable efforts to narrow the scope and duration of any limitation
or suspension under this Section as is needed to resolve the issue that prompted such action.
Genetic Affairs has no obligation to retain your Content upon termination of the applicable Service.
8c. Further Measures. If Genetic Affairs stops providing the Services to you because you repeatedly
or egregiously breach these Terms, Genetic Affairs may take measures to prevent the further use of
the Services by you, including blocking your IP address.
9. Changes and Updates
9a. Changes to Terms. Genetic Affairs may change these Terms at any time for a variety of reasons,
such as to reflect changes in applicable law or updates to Services, and to account for new Services
or functionality. The most current version will always be posted on the Genetic Affairs website. If
an amendment is material, as determined at Genetic Affairs’s sole discretion, Genetic Affairs will
notify you upon your login to your account. Changes will be effective no sooner than the day they
are publicly posted. In order for certain changes to become effective, applicable law may require
Genetic Affairs to obtain your consent to such changes, or to provide you with sufficient advance
notice of them. If you do not want to agree to any changes made to the terms for 9a Service, you
should stop using that Service, because by continuing to use the Services you indicate your
agreement to be bound by the updated terms.
9b. Changes to Services. Genetic Affairs constantly changes and improves the Services. Genetic
Affairs may add, alter, or remove functionality from a Service at any time without prior notice.
Genetic Affairs may also limit, suspend, or discontinue a Service at its discretion. If Genetic
Affairs discontinues a Service, we will give you reasonable advance notice to provide you with an
opportunity to export a copy of your Content from that Service. Genetic Affairs may remove features
from the Services at any time in our sole discretion, although we will endeavor to notify you before
we do that if it materially impacts you and if practicable under the circumstances.
10. Disclaimers and Limitations of Liability
10a. Disclaimers. While it is in Genetic Affairs interest to provide you with a great experience
when using the Services (and we love to please our customers), there are certain things we do not
promise about them. We try to keep our online Services up, but they may be unavailable from time to
time for various reasons.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED 'AS IS' AND Genetic Affairs DOES NOT MAKE
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY,
RELIABILITY, OR ACCURACY OF THE SERVICES.
10b. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Genetic
Affairs, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE
FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER,
OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT),
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Genetic Affairs HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10c. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF
EACH OF Genetic Affairs, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A)
THE AMOUNTS PAID BY YOU TO Genetic Affairs FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS
PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.
11. Contact Us
If you have any questions about these Terms, please contact us by e-mail at the email address with
info in front of the @geneticaffairs.com