Website Terms and Conditions

Genomind, Inc. (“Genomind”) offers this web site, genomind.com, including all information, software, portals, products, communications and services available from this web site or offered as part of or in conjunction with this web site (“Site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein. Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully before accessing or using the Site. Throughout these Terms and Conditions, Genomind is also referred to as “we” or “us.” Throughout the Terms and Conditions, you are referred to as “you” or “user(s).”

Your access and use of the Site bind you to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not use the Site.

We may modify these Terms and Conditions at any time. Any modifications made to the Terms and Conditions will be effective immediately upon posting on the Site. By accessing or using the Site, you agree to be bound by all of the Terms and Conditions as posted on the Site at the time of your access or use. You agree to review the Terms and Conditions posted on the Site each time you use the Site so that you are aware of any modifications made to these Terms and Conditions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

General Disclaimer

THE SITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE IS PROVIDED ON AN “AS IS” BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE IS INTENDED FOR GENERAL UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the Site are responsible for maintaining a means external to the Site for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice.

No Medical Advice or Services

While the information on this site was prepared to provide accurate information regarding topics related to neuropsychiatry tests and therapies, the information contained in the Site is made available with the express understanding that neither Genomind, nor its employees, agents, independent contractors or service providers, nor the Site itself are dispensing medical advice, DiagnosIS or treatment. The Web site is not intended to be a substitute for professional medical advice, diagnosis or treatment.

We advise users who are not physicians to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Site. 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.

Neither Genomind nor any of its employees, agents, independent contractors or service providers directly or indirectly practice medicine or dispense medical treatment or diagnostic services through this Site. Nothing in the Site nor any communication with Genomind, its employees, agents, independent contractors or service providers should be construed as creating a doctor-patient/health care provider-patient relationship.

Reliance on any information provided by Genomind, its employees, agents, independent contractors, service providers, or others appearing on the Site at the invitation of Genomind, or other visitors to the Site is solely at your own risk. Any messages, advice, opinions or other information contained in any discussion area or the like should not be construed as professional advice or instruction, regardless of any professional credentials of the person providing the information. The messages express the views of the author of the message, not necessarily the views of Genomind. Genomind does not endorse any specific medical procedures or opinions that may be communicated through the Site.

Warranties and Limitation of Liability

GENOMIND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. Neither Genomind nor its employees, agents, independent contractors, third-party information providers, merchants, licensors or the like warrant that the Site or its operation will be reliable, uninterrupted or error-free. No agent or representative oF genomind has the authority to create any warranty regarding the Site on behalf of Genomind. Genomind reserves the right to change or discontinue at any time any aspect or feature of the site.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GENOMIND OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SITE, DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO GENOMIND OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SITE.

GENOMIND IS NOT RESPONSIBLE FOR THIRD-PARTY WARRANTIES OR FOR ANY EFFECT THAT THE SERVICES MAY HAVE ON THOSE WARRANTIES. THIRD-PARTY PRODUCTS SHALL BE EXCLUSIVELY SUBJECT TO THE TERMS AND CONDITIONS BETWEEN USER AND THE MANUFACTURER OF SUCH THIRD-PARTY PRODUCTS. “THIRD-PARTY PRODUCTS” MEANS ANY HARDWARE, SOFTWARE, OR SERVICES THAT USER PROVIDES OR REQUIRES TO BE USED IN CONNECTION WITH THE SITE.

Force Majeure

You agree that Genomind shall not be liable for any and all losses, damages, costs, claims, and other liabilities that arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the Site and any services provided through the Site due to circumstances beyond the reasonable control of Genomind or any of our employees, agents, independent contractors or service providers (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

Users Agreement

Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

Users will not use this Site for any purpose in violation of local, state, national or international laws.

Users will not publicly post identifiable “protected health information” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) regulations.

Users will not use this Site as a means to distribute advertising or other unsolicited material to any third party.

Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

Users will not impersonate another person.

Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this Site. The sole and exclusive remedy for dissatisfaction with the services of the Site will be to stop using the Site.

Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors employees, agents and independent contractors, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Site, or any breach or violation of these Terms and Conditions or any other term or condition contained on the Site.

Users agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions.

Users' Representations

All Site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to the Terms and Conditions and to use this Site in accordance with the Terms and Conditions.

Termination of Privileges

Genomind reserves the right (but is not obligated) to terminate your privilege of using all or any portion of this Site if you breach any of these Terms and Conditions. If Genomind receives notice or otherwise discovers that you have uploaded or posted information that infringes a third party's copyright or trademark rights, violates a third party's privacy rights, or is illegal, harassing, abusive or disruptive, Genomind may terminate your access to the Site, including all of your privileges or accounts that you may have established in connection with the Site.

Genomind also reserves the right (but is not obligated) to delete data and communications that fail to conform to the Terms and Conditions, and edit or delete any communications regardless of whether such communications violate the Terms and Conditions. Genomind may, in its sole discretion, discontinue providing the Site, or any portion thereof.

These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this Site may be interfered with by numerous factors outside of our control. You agree that the Terms and Conditions and all incorporated agreements between Genomind and you may be automatically assigned by Genomind, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

We may modify the Site or delete features at any time and for any reason. We may cancel or suspend your access to any services provided on our Site at any time. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use services provided on the Site stops immediately.

Our failure to act with respect to a breach by you or others of the Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.

These Terms and Conditions, along with Genomind’s Privacy Policy and any applicable End User License Agreement, set forth the entire understanding and agreement between Genomind and any Site user with respect to the Site, its uses and services.

If any of the provisions of the Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.

The Terms and Conditions may not be modified, in whole or in part, except as described elsewhere in the Terms and Conditions. Anything contained on the Site inconsistent with or conflicting with the terms of the Terms and Conditions is superseded by the terms of the Terms and Conditions. If you have confidentiality obligations related to the Site, those obligations remain in force. The section titles in the Terms and Conditions do not limit the terms of these Terms and Conditions.

Copyright and Trademarks

The marks GENOMIND, and GENECEPT ASSAY are trademarks of Genomind and are protected by state and federal trademark laws. Other trademarks appear on the Site with permission from their respective owners. You are not authorized to use any of these trademarks by your access to this Site. Please contact Genomind for any necessary consent. Your unauthorized use of trademarks appearing on the Site may constitute trademark infringement, which could subject you to substantial civil penalties.

Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of Genomind. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Genomind or the copyright owner of the copied material.

Software Available on Site

Any software that is made available to download from this Site is the copyrighted work of Genomind and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Genomind hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Genomind in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Passwords and Account Security

Users agree and understand that they are responsible for maintaining the confidentiality of passwords used to access certain services provided on the Site. Accordingly, users agree that they will be solely responsible to Genomind for all activities that occur under their account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Genomind immediately.

Test Kits and Other Services

By ordering a Genecept Assay test kit or any other services from Genomind, you agree to these Terms and Conditions. Genomind, in its sole discretion, may allow health care providers and other users to access test results and other Genomind services and information through the Site. Genomind, its employees, agents, independent contractors and service providers will use all efforts to provide test results to users within a reasonable time that is in line with reasonable business practices. You must abide by the Terms and Conditions and any applicable End User License Agreement when using the Site to access or inquire about test results and all other information and services provided by or through Genomind. If you fail to comply with the Terms and Conditions and any applicable End User License Agreement, Genomind may (but is not obligated to) immediately, and with or without notice, terminate your access to the Site and any services provided by or through Genomind, and no refund of payment will be given.

Notices

These Term and Conditions are in electronic form. There may be information regarding the Site and the services provided through the Site that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you: by e-mail at the e-mail address you specified when you signed up for a service provided through the Site, if any; by access to a web site that will be designated in an e-mail notice sent to you at the time the information is available; or by access to a web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Site, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site.

Featured Links and Advertisements

The Site may contain hyperlinks to web sites offered by parties other than Genomind. Such hyperlinks are provided for your reference and convenience only. Genomind is not responsible for the privacy practices or the content of such web sites; nor does Genomind’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with Genomind (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Site, Genomind does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Site.

Genomind does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to Genomind’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from this Site.

Linking

Unless you are subsequently advised otherwise by Genomind, and subject to any applicable End User License Agreement, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site. Genomind reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an internet service provider's incidental caching of pages. Each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.

Jurisdiction

The Site is controlled and operated by Genomind from its principal office in the Commonwealth of Pennsylvania, United States of America. Genomind makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Delaware, exclusive of its choice of law or conflicts of law provisions. In any claim or action by you directly or indirectly arising under these Terms and Conditions or related to the Site, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the courts of Montgomery County, Pennsylvania, or if such courts do not have subject matter jurisdiction, then both parties irrevocably agree to submit to the jurisdiction of the United States District Court for the Eastern District of Pennsylvania, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.

Contacting Us

If you have any questions about the Terms and Conditions, the practices of the Site, or your dealing with Genomind, you may contact us at: customerservice@genomind.com.