Exploragen Terms of Service
Last modified 1.5.2018
The following terms and conditions (“Terms of Service”) constitute a binding agreement between you (“you” or “User”) and Exploragen (collectively, “Exploragen,” “we,” “our”, or “us”) with respect to your use of this website and any other Exploragen owned websites, micro-sites, and social media pages and accounts (collectively, “Exploragen Sites”), all Exploragen-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Exploragen Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Exploragen Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Exploragen Services, specific areas of certain Exploragen Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Exploragen Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Exploragen Sites or Applications will be controlling with respect to those particular areas. Exploragen reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Exploragen Sites or Applications.
User Registration. If you register to become an Exploragen User, you agree to complete the initial registration process according to the requirements stated on the applicable Exploragen Site or Application, and to provide accurate and complete information including, but not limited to, your legal name and email address. When making a purchase on a Exploragen Site or using an Application, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Exploragen that your use of a payment card in connection with any purchase you make on the Exploragen Site or Application is authorized and legal. As part of the initial account creation process, you must have a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You should immediately notify Exploragen if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.
User Information Changes. You are responsible for updating your account information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
Exploragen may terminate your account and refuse any and all current or future use of Exploragen or other services, or any portion thereof, (1) in order to comply with applicable laws, (2) if you provide any information that Exploragen determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Exploragen determines, in its sole discretion, that you are using your Exploragen membership in a manner not permitted by these Terms, or (4) in other circumstances, as Exploragen deems appropriate in its sole discretion.
Links to Third Party Sites and Third Party Advertisements. Exploragen.com may contain links to other websites or resources. You acknowledge and agree that our company is not responsible or liable for (1) the availability or accuracy of such websites or resources, or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on this website does not imply that our company endorses the linked site.
Intellectual Property and Restrictions on Use of Content. The website is subject to the U.S. and international copyright laws. The contents of this website, such as trademarks, designs, logos, and icons, or other intellectual property are proprietary. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the website in any way for any public or commercial purposes, without written permission. You are authorized to use this material only for personal, non-commercial purposes. You may print or download information on our site for your own personal, non-commercial use.
Exploragen DNA Applications. Exploragen DNA Applications include an online service where Users can view a summary of their DNA results. Exploragen will not provide Users with any “raw data” or other portion of their genetic information. Exploragen, and its authorized agents, will analyze Users’ genetic information to provide results to each User (the “Results”). Users can utilize their Results in conjunction with a registered Exploragen account.
By submitting a DNA sample to Exploragen’s partner laboratory, Helix, and purchasing an Exploragen DNA Application, you give permission to Helix to perform sequencing on your DNA and to disclose your genetic information to Exploragen for a specific set of genes that relate to the Exploragen DNA Application that you purchased. Exploragen applies an algorithm to the genetic information to generate the results of your Exploragen DNA Application(s). In connection with our DNA Applications, Exploragen analyzes and stores your genetic information. Exploragen does not claim any ownership rights to the DNA that is submitted for testing. Any genetic information derived from the DNA continues to belong to the person who submitted the DNA sample, subject only to the rights granted to Exploragen in this Agreement. You understand that by providing any DNA, you acquire no rights in any research or commercial products that may be developed by Exploragen that may relate to or otherwise embody your DNA. If any commercial product is developed as a result of the use of your DNA, there will be no financial benefit to you.
Exploragen will not share any of your individual-level genetic information with any third party without your express consent. We may disclose aggregated and de-identified information about our users with third parties. Aggregated and de-identified information is information that has been stripped of personal identifiers (e.g., name) and pooled with information of other users. If you subsequently remove Exploragen as an authorized accessor to your genetic information with Helix, then Exploragen will delete your genetic information from its database as soon as practicable.
Prices Subject to Change. Prices may be changed by Exploragen at any time.
By using the Services or the Sites or Applications, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Arizona, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Sites, Applications, and the Service, and any dispute of any sort that might arise between you and Exploragen.
If a dispute arises between you and Exploragen, our goal is to provide Users a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Exploragen Member Services at info@Exploragen.com to describe the problem and seek a resolution. If that does not resolve the issue, then you and Exploragen agree that any dispute or claim relating to your use of the Services or the Sites or Applications will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration proceedings shall be held in Maricopa County, Arizona. In addition, you and Exploragen both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Exploragen each waive any right to a jury trial.
You and Exploragen 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, consolidated, or representative action. Further, unless both you and Exploragen 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. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Exploragen account.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Exploragen, 11201 N Tatum Blvd, Suite 300 Phoenix, AZ 85028. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org.
Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPLORAGEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) EXPLORAGEN MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPLORAGEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. EXPLORAGEN DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, EXPLORAGEN SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EXPLORAGEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPLORAGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR GENETIC INFORMATION DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Revisions to the Terms of Service. Exploragen reserves the right to modify the Terms of Service at any time in accordance with this section. If we make any changes to the Terms of Service, we will post the revised Terms on the Exploragen website and update the “Last modified” date at the top of the Terms of Service. In the event we make a material change to our Terms of Service, we will provide you with an opportunity to opt out of such new or different use.
Age of Eligibility. You must be at least 18 years old and able to enter into legally binding contracts to access and use Exploragen Sites, Applications or Services or register an account with Exploragen. By accessing or using the Exploragen Sites, Applications or Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.