Welcome and thank you for your interest in HealthSavvy, Inc. (“GeneSavvy,” “we,” or “us”). GeneSavvy performs genetic testing to assess your risk for certain diseases with a genetic component (“Test”). Your use of the GeneSavvy website (“Site”), acceptance and use of the GeneSavvy sample collection kit (“Test Kit”), ordering of the Test, use of any genetic counseling or other services or customer support provided by or on behalf of GeneSavvy, and acceptance or viewing of the results report (“Results”) (collectively, the “Service(s)”) are governed by the following terms and conditions (“Terms of Service”). We will only perform the Test if it has been ordered by an authorized healthcare provider and we have received a properly completed order form, viable biological sample, and your acknowledgment that you have agreed to GeneSavvy’s Informed Consent (“Consent”).
2. Additional Terms; Data Privacy and Use
If you are domiciled outside of the United States, certain jurisdictions include the option of requesting that GeneSavvy delete your personal information at any time from our active databases, subject to the applicable laws and regulations of such jurisdiction. Please note that deletion of this information prior to completion of the Service will result in a cancellation of the Service, and no results will be provided to you or your healthcare provider. Although we can delete your personal information from our active databases, some or all of your personal information will remain archived in back-ups for compliance with legal, regulatory, and other requirements. Information that has already been de-identified, anonymized, and/or aggregated may not be retrievable or traced back for destruction, deletion, or amendment. If you would like to request that your personal information be deleted from our active databases, please contact us at [email protected].
3. Ordering the Test; Medical Advice
If you are an individual requesting the Test for yourself, GeneSavvy recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about the treatment, mitigation or prevention of any disease or other genetic traits. The Test can only be ordered by an authorized healthcare provider. You understand and agree that the Test is not a diagnostic test, and that Results must be considered in the context of broader medical management by a healthcare provider. You should not make medical decisions without consulting a healthcare provider. GeneSavvy does not provide medical services, diagnosis, treatment, or advice. Nothing contained in the Test or made available through the Service is intended to constitute the practice of medicine or the provision of medical care or to otherwise create a patient-medical provider relationship between GeneSavvy and the individual. The information provided by the Test or through the Service is not a substitute for the advice of a personal physician or other qualified healthcare provider.
4. Accounts and Activation
If you are an individual providing a biological sample yourself, you must create an account and activate your Test Kit to associate your sample with your account. If you are a healthcare provider ordering the Test or obtaining a patient sample and providing it to GeneSavvy on your patient’s behalf, you may either create an account or submit the sample directly as instructed by GeneSavvy. During the account creation process, you may be required to provide us with some information about yourself (such as your email address or other contact information), or if you are a healthcare provider, about the individual for whom the Test is intended to be used. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. Individuals setting up an account for themselves will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us at [email protected]
Some of the information you submit is personally identifiable information about yourself, and may include, but is not limited to, your name, email address, physical address, telephone number, and certain medical and health related information that is required in order to allow us to provide Services (collectively, “PII”). When you activate your account and submit your PII, you are engaging us to store and maintain it for you so that we may operate the Service. By registering with GeneSavvy, you specifically agree to allow your PII to be securely communicated to your chosen health provider(s) in connection with our Service. We reserve the right, in our sole discretion, to terminate your account at any time, and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you.
Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potentially civil and/or criminal prosecution. You may not use any logo or other proprietary graphic or trademark belonging to GeneSavvy, or any of its subsidiaries, affiliates, or other partners, as part of a link to the Site without first obtaining the express prior written consent of GeneSavvy. GeneSavvy does not guarantee continuous, uninterrupted or secure access to its Service or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within GeneSavvy’s control.
You may be required to pay a fee to receive Services. All fees are in US Dollars. If you pay with a credit card, GeneSavvy may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees. If you decide that you no longer want the Service, please contact us immediately. We will be unable to process a refund once our lab has received your sample and the sequencing has begun. If the Services can be cancelled, you will receive a refund on the purchasing card, if applicable, less shipping and handling fees and a $25 cancellation fee to cover the cost of the Test Kit if the Test Kit has already been shipped to you.
If you have insurance coverage and elect to submit the GeneSavvy Test for reimbursement, by agreeing to these Terms of Service, you authorize GeneSavvy to share your contact, insurance enrollment, and testing information with your designated insurance carrier. You also authorize benefits to be payable to HealthSavvy, Inc. If insurance payment is sent to you, you agree to endorse and forward the payment to HealthSavvy, Inc. within 30 days. In the event a claim is denied, you authorize GeneSavvy and/or its agents to appeal on your behalf, any decisions made by the carrier. You also understand that you are responsible for any co-pays, deductibles, and co-insurance, and any amounts not paid by insurance for reasons including, but not limited to, non-covered and non-authorized services. If you or your physician has selected the self-pay option, you accept full financial responsibility for payment associated with the GeneSavvy Test. GeneSavvy does not guarantee that the fees we charge for our Services will be reimbursed by any insurance provider. You agree that you will not seek reimbursement of the Services from any federal or state health care program or provider (e.g., Medicare, Medicaid, Tricare, etc.) in violation of applicable federal and state laws, rules, or regulations.
6. Limited Right to Use; Ownership; Proprietary Rights
The Service is owned and operated by GeneSavvy. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), bioinformatics pipeline, Test Kit and all other elements of the Service (“Proprietary Materials”) provided by GeneSavvy are protected by all relevant intellectual property and proprietary rights and applicable laws. All Proprietary Materials contained in the Service are the property of GeneSavvy or our third-party licensors. Except as expressly authorized by GeneSavvy, you may not make use of the Proprietary Materials. GeneSavvy reserves all rights to the Proprietary Materials not granted expressly in these Terms.
GeneSavvy grants you a limited non-exclusive right and license to access and use the Site for personal, non- commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of GeneSavvy.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless GeneSavvy and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “GeneSavvy Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Service and Results; or (ii) your violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
8. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GENESAVVY ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, GENESAVVY DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE GENESAVVY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Limitation of Liability
IN NO EVENT WILL GENESAVVY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE GENESAVVY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF GENESAVVY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (B) US$50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Dispute Resolution and Arbitration
You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and your acceptance and use of the Results shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in King County, WA. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, and the Results, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GeneSavvy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GENESAVVY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by GeneSavvy, or persons employed or engaged by GeneSavvy.
Notwithstanding subsection 10.1, GeneSavvy and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
10.3: No Class Actions.
YOU AND GENESAVVY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GeneSavvy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that GeneSavvy makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with GeneSavvy shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms.
11: Modification of the Terms
13: Contact Information
The services hereunder are offered by HealthSavvy, Inc. You may contact us by emailing us at [email protected]
These Terms shall continue to have full force and effect unless and until terminated by GeneSavvy. GeneSavvy may terminate, suspend or restrict any provision of these Terms and the Service at any time in its sole discretion and without notice to you.
15: Third-Party Beneficiaries
Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.
16: Use of “Open Source” Software
From time-to-time, GeneSavvy may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by GeneSavvy, and that GeneSavvy does not, simply by virtue of their use or integration into any Service, make any guarantees or warranties regarding their quality or authenticity.
17: Electronic Signatures
By using our Services you consent to transact business with GeneSavvy electronically.
GeneSavvy is committed to protecting your privacy. Details about GeneSavvy’s policies and procedures governing patient privacy and health information, including patient rights regarding such information, can be found at www.GeneSavvy.com, or will be made available to you upon request by e-mailing [email protected]