GeneSavvy Terms of Service

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”).

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AND THE CONSENT (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

 

  1. Eligibility

You must be at least eighteen (18) years of age or to submit a sample for yourself or your child and thirteen (13) years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) if you provide a biological sample for yourself or child, you are at least eighteen (18) years of age and are submitting such sample using a Test Kit; (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to the Consent, Privacy Policy, and Terms of Service.

 

  1. Additional Terms; Data Privacy and Use

Your use of the Service is subject to any and all additional terms, policies, rules or guidelines applicable to the Service that we may post on or provide a link to on the Service, such as our Privacy Policy and the Consent. All such additional terms are hereby incorporated by reference into, and made a part of, these Terms. If you are a healthcare provider obtaining a patient sample or submitting an order form, you represent and warrant that: (i) you are authorized to order the Test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities and limitations of the Service; (iii) you have obtained consent from your patient to share patient health information with GeneSavvy, as required under the Health Insurance Portability and Accountability Act of 1996, as amended; (iv) you have confirmed that your patient has signed or will sign the Consent upon activating his or her Test Kit through the Site; and (v) you will notify GeneSavvy with any changes in patient information and consent status, including changes to consent to store samples.

The Service is hosted in the United States and is intended for individuals located within the United States. If you choose to use the Service from regions outside of the United States, then by your use of the Service you acknowledge and agree that: (a) you are transferring your personal information outside of those regions to the United States for genetic analysis, storage and processing; (b) the laws and regulations of the United States regarding data privacy and collection, use, processing, and storage of patient information shall govern your use of the Service and provision of your information, and may differ from those of your country of residence; and (c) as per your acceptance of the Consent and Privacy Policy, you permit your personal information to be used for the purposes set forth therein, which may include, for example, internal quality control, laboratory validation studies, and research and development. GeneSavvy will also de-identify certain parts of your information and aggregate it with other de-identified patient information to contribute such de- identified information to select research programs to further research efforts in genetics and disease. We may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such use, transfer, storage, and processing. You further agree that by providing your sample, you are not violating any export ban or other legal restriction in the country of your residence.

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].

 

  1. 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.

 

  1. 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.

 

  1. Payment

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.

 

  1. 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.

 

  1. Indemnity

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.

 

  1. 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.

 

  1. 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.

 

  1. Dispute Resolution and Arbitration
  1. 10.1

Generally.

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.

  1. 10.2

Exceptions.

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.

  1. 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.

  1. 10.4

Modifications.

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.

  1. 10.5

Enforceability.

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.

 

  1. Modification of the Terms

GeneSavvy reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the Terms, GeneSavvy will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.

 

  1. General

These Terms, together with the Privacy Policy, Consent and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and GeneSavvy regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms and your use of the Site and Service, and provision of your information, shall be governed by the laws of the State of Washington without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GeneSavvy agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including Sections 6 through 10 and 12.

 

  1. Contact Information

The services hereunder are offered by HealthSavvy, Inc. You may contact us by emailing us at [email protected]

 

  1. Termination

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.

 

  1. Third-Party Beneficiaries

Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.

 

  1. 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.

 

  1. Electronic Signatures

By using our Services you consent to transact business with GeneSavvy electronically.

 

  1. Privacy Policy

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]