Welcome to the Gattaca Genomics website and related sites and digital and online services (“Gattaca Genomics Website” or the “Website”), including any content, functionality, and services offered by Gattaca Genomics and all affiliates (“Gattaca Genomics” or the “Company” OR “We” or “Us”), whether as a guest or a registered user. These Terms and Conditions of Use and Services cover the uses for all of this Website, although additional conditions, restrictions, and policies, including the Gattaca Genomics Privacy Policy (the “Privacy Policy”), posted or referenced on the Website may also apply. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions of Use and Services, as well as our Privacy Policy, found here, incorporated herein by reference.
The Website is intended for use by individuals 18 years of age or older and reside in the United States or any of its territories or possessions and are patients or will seek to become patients of Gattaca Genomics. This Website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Website. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements.
If you are not 18 years of age or older OR do not want to agree to these Terms and Conditions of Use and Services or the Privacy Policy, you must not access or use the Website. You acknowledge and agree that some of the information you provide may be considered Protected Health Information (“PHI”) as defined in 45 CFR § 160.103 and that Gattaca Genomics will comply with all federal healthcare laws, including but not limited to HIPAA and HITECH. Gattaca Genomics may share my medical information for treatment, payment and health care operations and as outlined in the Gattaca Genomics Privacy Policy. I understand that Gattaca Genomics may utilize health information exchange (HIE) systems to electronically share my protected health information for treatment purposes with other providers involved in my care. This may include, but is not limited to, treatments, prescriptions, labs, medical and prescription history, billing information, sensitive information (HIV, genetic counseling / testing, mental health and drug/alcohol abuse information) and other PHI.
The content, products, and services offered herein are here to educate patients and consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Website and its services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Website represents or warrants that any particular service or product is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
Gattaca Genomics may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Gattaca Genomics's Website. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Gattaca Genomics may offer Website visitors the opportunity to participate in additional features or services through this Website. You may be required to enter into additional agreements or authorizations before you can access such features or services.
Acceptable use
You agree that you will not:
Violations of system or network security may result in civil or criminal liability. Gattaca Genomics will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
In the event access to the Website or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Gattaca Genomics. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Website may be revoked by Gattaca Genomics at any time with or without cause.
Account set-up
You agree to the following:
Termination of use
Gattaca Genomics may, in its sole discretion, terminate your account or your use of the Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Gattaca Genomics reserves the right to change, suspend, or discontinue all or any aspects of the Website at any time without prior notice.
User-Generated Content, Reviews, Feedback, and other Postings to the Website
If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Website (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Website through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Gattaca Genomics that you have the legal right and authorization to provide all User-Generated Content to Gattaca Genomics for the purposes and Gattaca Genomics's use as set forth herein. Gattaca Genomics shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner Gattaca Genomics desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world. Gattaca Genomics is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
Gattaca Genomics does not regularly review posted User-Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User-Generated Content submitted to the Website. You grant Gattaca Genomics the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. Gattaca Genomics and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.
Responsibility for charges and fees; Insurance. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with any appointment or order you make on the Website. Some charges may be eligible for payment or reimbursement by Medicare, Medicaid, private insurance, out-of-state workers' compensation payer, or other insurance plan. Regardless of insurance coverage and reimbursement amounts, you will be responsible for the purchase price and all charges associated with your order.
Indemnification
You agree that you will defend, indemnify, and hold harmless Gattaca Genomics from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys' fees and costs) against or incurred by Gattaca Genomics arising out of a claim by a third party relating to your breach of these Terms and Conditions of Use and Services or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Website, your use or access of the Website, access of this Website by anyone using your user ID and password, or any other actions taken by you on the Website.
Intellectual property
The content and design of this Website is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Gattaca Genomics or an affiliated entity. You understand and agree that title to these materials shall not pass to you or any other user. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms and Conditions of Use and Services is a breach of these Terms and Conditions of Use and Services and may violate copyright, trademark and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Website are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
Disclaimers
YOU UNDERSTAND AND AGREE THAT GATTACA GENOMICS WEBSITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY GATTACA GENOMICS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. GATTACA GENOMICS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, GATTACA GENOMICS DOES NOT GUARANTEE THAT USE OF GATTACA GENOMICS WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Errors on Gattaca Genomics Website
Content, prices, and availability of services are subject to change without notice. Errors will be corrected where discovered, and Gattaca Genomics reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Website's return policy.
Accuracy and integrity of information
Although Gattaca Genomics attempts to ensure the integrity and accuracy of the Website, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Gattaca Genomics so that it can be corrected. Gattaca Genomics reserves the right to unilaterally correct any inaccuracies on the Website without notice. Information contained on the Website may be changed or updated without notice. Additionally, Gattaca Genomics shall have no responsibility or liability for information or content posted to the Website from any non-Gattaca Genomics affiliated third party.
Limitations of liability
THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL GATTACA GENOMICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST GATTACA GENOMICS AND GATTACA GENOMICS'S LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR WEBSITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Sites
The Website may contain links to other sites operated by third parties, including but not limited to third party sites that may display the Gattaca Genomics trademarks (“Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose
Gattaca Genomics does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Website or its content. A link to a Third Party Website on the Gattaca Genomics Website does not constitute sponsorship, endorsement, approval, or responsibility for any Third Party Website. Gattaca Genomics makes no representation or warranty as to any products or services offered on any Third Party Website. The conditions of use and privacy policy of any Third Party Website may differ substantially from the conditions of use and legal notices that apply to your use of the Website. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
Jurisdiction
You agree that any dispute or claim (including personal injury claims) related to your use of the Gattaca Genomics Website shall be governed by the laws of the State of Delaware. Any dispute arising out of or relating to the Agreements, or the breach, termination or validity thereof, will be submitted by the Parties to arbitration, to take place in Wilmington, Delaware by the American Arbitration Association under the commercial rules then in effect for that Association. The Parties further attorn to the exclusive jurisdiction of the courts of Wilmington, Delaware for any dispute that may not be suitable for arbitration. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. These Terms and Conditions of Use and Services also apply to anyone claiming on your behalf.
Notices
You agree that Gattaca Genomics may provide you with notices, including those regarding changes to these Terms and Conditions of Use and Services, by email to the address you provided at the time of registration or as changed in your Account profile on this Website.
Independent Contractors
The parties intend that an independent contractor relationship will be created by these Terms and Conditions of Use and Services, and that no additional partnership, joint venture, employee, employer or other relationship is intended.
Entire Agreement
The Terms and Conditions of Use and Services, our Privacy Policy and any Gattaca Genomics
Informed Consents you provide, constitute the sole and entire agreement between you and Gattaca Genomics regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Contact information
If you have any questions about the term of condition, service or privacy policy please contact us at info@gattacagenomics.com
