Terms and Conditions ("Terms") - Last updated: March 22, 2018
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 conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others 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.
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 written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
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. 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 may contain links to 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 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 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.
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 try to provide at least 30 days notice 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 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 usage 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 30 days’ prior written notice to you. Genetic Affairs may terminate your Subscription for any reason by providing at least 90 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 in 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 content 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$200.00.
11. Contact Us
If you have any questions about these Terms, please contact us by e-mail at firstname.lastname@example.org