Last Modified: [April 3, 2018]
"My Gene Counsel," "Company," "we," "us," or "our" means My Gene Counsel, LLC.
"Services" means the My Gene Counsel website, software, and related tools and services provided by My Gene Counsel.
"Partners" means affiliates, partners, consultants, officers, directors, employees, contractors, advisors, and agents.
"Individual Genetic Data" refers to features of your DNA that distinguish you from other people (e.g., the As, Ts, Cs, and Gs at particular locations in your genome or in your tumor). Individual Genetic Data includes any data derived from your Individual Genetic Data (i.e., data about your individual genotype, diseases, racial and ethnic origin or other traits/characteristics) reported to you, or reported by you, as part of our Services.
"Self-Reported Data" means any data you provide about yourself through surveys, forms, features or applications of the Services. For example, you may provide us with data about your personal characteristics (e.g., eye color, height), ethnicity, disease conditions (e.g. diabetes), and other health-related data (e.g. blood pressure, blood type).
Prerequisites of Use of the Services
Before using any of the Services you must meet the following prerequisites:
The My Gene Counsel portal and website contain data regarding medical and health related topics. They are supported by research articles and data on clinical trials that may be applicable to you or your patients. These communications and resources are not comprehensive medical text and do not include all the potential data regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation and should not be construed, directly or indirectly, as the practice of medicine or dispensing of medical services or advice by My Gene Counsel or its Partners. Data contained on this website is not a substitute for seeing an appropriate healthcare professional or your doctor's medical judgment or advice. My Gene Counsel recommends that you seek the advice of your health care provider to discuss your specific, individual health concerns, especially before undertaking or changing any treatment or course of action. Never disregard, avoid or delay in obtaining medical advice from your healthcare professional because of something you may have read on this website. [You acknowledge that My Gene Counsel is not a healthcare provider or medical laboratory, and does not analyze or otherwise filter data that it receives from laboratories concerning your genetic results. You acknowledge that we are under no obligation to provide updates on variants of uncertain significance that have been re-classified, or on any other data provided through this website.
We do not warrant the accuracy, completeness or usefulness of this data. Any reliance you place on such data is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents. My Gene Counsel and its Services are not intended to be used in medical emergencies or urgent situations. If you are in the United States and you think you may have a medical emergency, call 911 immediately.
My Gene Counsel reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting My Gene Counsel's defense of such matter.
Disclaimer of Warranties
USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. ALL DATA, CONTENT, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS. THE COMPANY AND ITS PARTNERS RESERVE THE RIGHT, IN THEIR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW MY GENE COUNSEL AND ITS PARTNERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THAT THE MY GENE COUNSEL WEBSITE OR THE SERVICES WILL BE FREE FROM VIRUSES, MALWARE OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
WITHOUT LIMITING THE FOREGOING, MY GENE COUNSEL AND ITS PARTNERS MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES AND DATA RETRIEVED FROM THEM. MY GENE COUNSEL AND ITS PARTNERS ASSUME NO RESPONSIBILITY FOR COMPLETENESS, ERRORS OR OMISSIONS IN THE DATA, SERVICES OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL MY GENE COUNSEL OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICES THROUGH MY GENE COUNSEL. WE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR ANY OTHER DATA CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR DATA STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
Trademarks and Copyrights and Intellectual Property
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of My Gene Counsel. You must not use such marks without the prior written permission of My Gene Counsel.
The Services and its entire contents, features and functionality (including but not limited to all data, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection and arrangement thereof), are owned by My Gene Counsel and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any reproduction, copying or redistribution of any My Gene Counsel names, marks, logos or owned material is prohibited without prior written permission and associated fees.
Our website is not intended to be accessed by minors under the age of 13 years. If you are aware that a minor under age 13 has accessed our website, or provided any Personal Data, contact us immediately at firstname.lastname@example.org
Links to Third Party Sites
Modifications to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any materials provided or published in connection with the Services may be out-of-date at any given time, and we are under no obligation to update such materials.
Accessing the Website and Account Security
If you choose, or are provided with, a user name, password or any other piece of data as part of our security procedures, you must treat such data as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to your account or portions of it using your user name, password or other security data. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you are a registered user, you agree to log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal data.
Limitations on Your Use of the Website
You agree not to access or use the Services in an unlawful way, for any unlawful purpose or for any purposes other than its intended purposes. You agree not to: (a) post or transmit any data which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, (b) take any action that imposes an unreasonable load on the website's infrastructure, (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, including any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of the Services, (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website, or (e) delete or alter any material posted on the website. My Gene Counsel reserves the right to delete any data provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, or obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Waiver of Jury Trial and Class Actions
No Third Party Beneficiaries
Your Comments and Concerns
The Services are operated by My Gene Counsel. All feedback, comments, requests for technical support and other communications relating to the website should be directed to: email@example.com. Thank you for visiting the website.