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Terms of Service

Thank you for your interest in GeneMattersTM, LLC (“GeneMatters”). At GeneMatters™, we deliver individualized Genetic Counseling Services. We provide professional guidance to individuals to assist them in:

  • understanding their genetic family history,
  • deciding if genetic testing is right for them,
  • choosing the right test, and
  • understanding their test results.

The Service may be ordered by a patient or by a healthcare provider or administrative provider on behalf of a patient. Patients (or their provider on their behalf) provide health history, family health history, and ethnicity through an online portal. Next, GeneMatters’ Genetic Counselors provide guidance to the patient via a telephone and web platform, and provide a written summary report, accessible on our Provider and Patient Portals (collectively the “Services” or “Service”). These Services are governed by the following terms of service (“Terms” or “Terms of Service”).


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU, MEANING YOURSELF, ANY DELEGATE OR INDIVIDUAL AUTHORIZED TO ACT ON YOUR BEHALF OR AN ENTITY WITH WHICH YOU ARE AFFILIATED (collectively “YOU” or “You”), ACKNOWLEDGE THAT EACH TIME YOU USE THE SERVICE, ACCESS AND/OR BROWSE THIS WEBSITE OR ITS CONTENT THAT:

  1. YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS;
  2. YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE;
  3. THESE TERMS OF SERVICE ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND GENEMATTERS
  4. YOU HAVE FULL AUTHORITY TO COMPLY TO ALL OF THESE TERMS OF SERVICE. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS THE SERVICE, ACCESS, BROWSE OR USE THIS WEBSITE OR ANY OF ITS CONTENT. MOREOVER, GENEMATTERS DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THIS WEBSITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS OF SERVICE OF THIS AGREEMENT.

Website

GeneMatters, LLC maintains the GeneMatters Website www.gene-matters.com. The Website has been designed to provide general information about GeneMatters and its Services. By using and or visiting this Website, you acknowledge that you have read, understood, and agree to be bound by the Terms, including our Privacy Policy (which is also available on the Website www.gene-matters.com/privacy. If you do not agree to these terms, do not use this Website.

The information on this Website is provided solely on an "AS IS", "WHERE IS", and "AS AVAILABLE" basis. GeneMatters is not engaged in rendering investment or medical advice via this Service, Website or telephone, nor does GeneMatters provide instruction on the appropriate use of Services provided, or under development by GeneMatters, its affiliates, related companies or its licensors or joint venture partners. Access and use of the Website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. GeneMatters, through this website, offers Services for sale.

PROPRIETARY RIGHTS
The Service is owned and operated by GeneMatters. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), information collection forms, provider and patient portals, reports, and all other elements of the Service (“Materials”) provided by GeneMatters are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of GeneMatters or our third-party licensors. You may not reproduce or use the Materials except as expressly authorized by GeneMatters. GeneMatters reserves all rights to the Materials not granted expressly in these Terms.

ELIGIBILITY
You must be at least eighteen (18) years of age or have a parent or guardian’s permission to request and participate in the Service. You must be at least thirteen (13) years of age or have a parent or guardian’s permission to access the Site. By agreeing to these Terms, you represent and warrant: (i) that you are at least thirteen (13) years of age or have parental/guardian permission; (ii) that, if you provide a health history, family health history, or ethnicity you are at least eighteen (18) years of age or have parental/guardian permission; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

Payment

You may be required to pay a fee to receive Services. All fees are in U.S. Dollars. If you decide that you no longer want the Service, you may cancel your appointment 24 hours or more prior to the scheduled appointment and receive a full refund. If you cancel within 24 hours, we will be unable to process a refund.

Insurance

GeneMatters does not currently submit or process insurance paperwork or claims on behalf of its clients and does not guarantee that the fees we charge for our Services will be reimbursed by an insurance provider. If you desire to file a claim with an insurance company to pay the fees, you must contact the insurer directly. Obtaining any reimbursement will be your sole responsibility.

Indemnity and Medical Disclaimer

  • INFORMATION CONTAINED ON THIS WEBSITE AND PROVIDED THROUGH THE SERVICE IS NOT TO BE CONSIDERED MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR A DOCTOR'S MEDICAL JUDGMENT OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION. NEITHER THE CONTENT OF THIS SITE NOR ANY PRODUCT OR SERVICE WE OFFER BY ANY MEANS IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. THROUGH THE SITE OR SERVICE, GENEMATTERS MAY DESCRIBE POTENTIAL TESTS, RESULTS, OR DISCUSS YOUR PERSONAL HEALTH. YOU AND/OR YOUR HEALTH CARE PROFESSIONAL MAY CHOOSE WHETHER OR NOT TO USE THIS INFORMATION TO MAKE INFORMED MEDICAL DECISION. YOU AGREE TO USE THE INFORMATION ON THE SITE OR SERVICE AT YOUR OWN RISK. WHILE WE MAY ENGAGE A LICENSED PHYSICIAN OR LICENSED HEALTH CARE PROFESSIONAL IN THE DELIVERY OF SERVICE, THIS DOES NOT IN ANY WAY CONSTITUTE A DOCTOR-PATIENT OR ANY OTHER RELATIONSHIP. NEVER DELAY OR DISREGARD MEDICAL CARE BASED ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH THE SERVICE.

Personally Identifiable Information and Personal and Family Health Information

When you choose to access our Genetic Counseling Service (Service), or your provider chooses to request the Service on your behalf, you will be required to provide personally identifying information (such as name, birth date, email, telephone number, credit card) and personal and family health history or ethnicity. You are responsible for providing accurate contact information to complete the Service and for providing accurate and complete personal or family health history. Inaccuracies may directly affect the validity of the information you are provided.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold GeneMatters harmless and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively “GeneMatters 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, 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.

IN USING THIS SITE AND SERVICE, YOU AGREE NOT TO:

  1. SEND OR OTHERWISE TRANSMIT TO OR THROUGH THIS WEBSITE OR TO US THROUGH EMAIL OR PHONE OR ANY OTHER MANNER ANY CONFIDENTIAL INFORMATION ABOUT YOURSELF OR ANY OTHER PERSON UNLESS YOU ARE PROPERLY AUTHORIZED TO DO SO.
  2. DISCLOSE AND/OR TRANSMIT THROUGH THE SITE OR SERVICE ANY UNLAWFUL, INFRINGING, HARMFUL, HARASSING, DEFAMATORY, THREATENING, HATEFUL OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND, ANY MATERIAL THAT CAN CAUSE HARM OR DELAY TO THIS WEBSITE OR COMPUTERS OF ANY KIND, AND ANY UNSOLICITED ADVERTISING, SOLICITATION OR PROMOTIONAL MATERIALS;
  3. MISREPRESENT YOUR IDENTITY OR AFFILIATION IN ANY WAY;
  4. GAIN UNAUTHORIZED ACCESS TO THIS WEBSITE, OR ASSIST OTHERS TO GAIN UNAUTHORIZED ACCESS, OR TO DISCLOSE USERS' NAMES OR PERSONALLY IDENTIFIABLE INFORMATION, OR TO GAIN OR PROVIDE UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR WEBSITES CONNECTED OR LINKED TO THIS WEBSITE;
  5. LAUNCH OR USE ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, "ROBOTS," "SPIDERS," OR "OFFLINE READERS," THAT ACCESS THIS WEBSITE IN A MANNER THAT SENDS MORE REQUEST MESSAGES TO OUR SERVERS IN A GIVEN PERIOD OF TIME THAN A HUMAN CAN REASONABLY PRODUCE IN THE SAME PERIOD BY USING A CONVENTIONAL WEB BROWSER;
  6. SEND OR OTHERWISE TRANSMIT TO OR THROUGH THIS WEBSITE OR TO US THROUGH EMAIL CHAIN LETTERS, UNSOLICITED MESSAGES, SO-CALLED "SPAMMING" OR "PHISHING" MESSAGES, MESSAGES MARKETING OR ADVERTISING GOODS AND SERVICES;
  7. TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY "VIRUS", "WORM", "SPYWARE" OR ANY OTHER COMPUTER CODE, FILE OR PROGRAM THAT MAY OR IS INTENDED TO DAMAGE OR HIJACK THE OPERATION OF ANY HARDWARE, SOFTWARE OR TELECOMMUNICATIONS EQUIPMENT;
  8. VIOLATE ANY APPLICABLE LAWS OR REGULATIONS OR THESE TERMS;
  9. ASSIST OR PERMIT ANY PERSONS IN ENGAGING IN ANY OF THE ACTIVITIES DESCRIBED ABOVE.

User IDS and Passwords

Access to certain areas of the Website is limited by a user identifier ("User ID") and password, which are selected and/or supplied as part of registering for a service account with GeneMatters ("GeneMatters Account"). By registering, You represent, warrant and covenant that: (i) You are at least 18 years of age or you are the parent or guardian of a minor; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and complete information about You during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto the Website using any password, You represent, warrant and covenant that You are authorized to use such password and to engage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through this the Website. User IDs and passwords are personal and unique to each individual user. Users agree not to transfer a User ID and password to any third party. GeneMatters reserves the right to deny or revoke access to the Website, or any part thereof, at any time in our sole discretion, with or without cause. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify GeneMatters immediately.

No Warranties

THE SERVICE, ALL MATERIALS AND/OR RELATED CONTENT INCLUDED IN THE SERVICE ARE PROVIDED ON AN "AS IS," "WHERE IS", AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. GENEMATTERS AND ANY OF ITS AFFILIATES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND/OR CONTENT AVAILABLE FOR, THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, ANY MATERIALS AND/OR CONTENT AVAILABLE FOR, THROUGH OR IN CONNECTION WITH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GENEMATTERS ENTITIES, AS DEFINED ABOVE, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM USE OF OR ACCESS TO THE SERVICE.

ADDITIONALLY, BY USING THIS SERVICE YOU ACKNOWLEDGE THAT SERVICES RENDERED WILL BE BASED ON INFORMATION PROVIDED BY YOU AND THAT YOU ARE FULLY RESPONSIBLE FOR THE ACCURACY OF THIS INFORMATION. YOU AGREE THAT GENEMATTERS HAS NO OBLIGATION TO ENSURE THE CONFIDENTIALITY OR PRIVACY OF INFORMATION THAT YOU SEND INDEPENDENTLY TO YOUR HEALTHCARE PROVIDER.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN SUCH EVENT AND ONLY TO THE EXTENT THAT A DISCLAIMER OF WARRANTIES DOES NOT APPLY TO YOU WILL THIS TERM BE AFFECTED. THE SAME WILL NOT INVALIDATE ANY OTHER TERM OR CONDITION CONTAINED IN THE TERMS OF SERVICE WHICH SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.

Limitation of Liability

IN NO EVENT WILL GENEMATTERS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR AN INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE GENEMATTERS ENTITIES FOR ANY AND ALL CLAIMS ARISING OUT OF, OR 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 (i) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (ii) $50 USD.

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. IN SUCH EVENT AND ONLY TO THE EXTENT THAT AN EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU WILL THIS TERM BE AFFECTED. THE SAME WILL NOT INVALIDATE ANY OTHER TERM OR CONDITION CONTAINED IN THE TERMS FOR SERVICE WHICH SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.

Dispute Resolution and Arbitration

Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with GeneMatters arising out of or relating to the Terms ("Disputes") shall be governed by Minnesota law regardless of your state or country of origin or where you access GeneMatters, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Minneapolis, Minnesota, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

This Site is controlled and operated GeneMatters, LLC. GeneMatters makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. In all cases, You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

Intellectual Property

It is the policy of GeneMatters to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of GeneMatters, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that users may view, use and download a single copy of this Website for a user’s personal-informational, non-commercial use. Except as provided herein, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of GeneMatters. The use or misuse of GeneMatters’ trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

Collection and Further Use of Your Information

We may monitor the use of this Service by collecting and then de-identifying information. Data collection may occur through the use of cookies www.gene-matters.com/privacy. We may alternatively collect information about the number of pageviews for this Website or click-throughs to each web page as well as the originating domain name of a user’s Internet Service Provider. This information may be used to understand the visitor's use of the Website and Services. We will have no means reasonably available to us to ascertain the identity of individual users from aggregated information.

In order to obtain Services, you will voluntarily submit sensitive personal information, for example, information relating to your health or your personal or family medical history. You are not required to provide this information and, if you do not want to do so, you may simply not use this Service. By providing us with this information, however, you consent to us processing your sensitive personal data for the purpose of providing your Service www.gene-matters.com/privacy.

In the event that legal process requires, You give us permission to disclose personal data/information in order to comply with a legal or regulatory obligation. You agree that GeneMatters may access, preserve and disclose your personal information if required to do so by law or in the good faith belief that it is necessary to:  

  • Respond to your requests for customer service;
  • Comply with legal process;
  • Enforce these Terms of Use;
  • Respond to claims that information you have provided violates the rights of others; or
  • Protect the rights, property or personal safety of you, GeneMatters employees and representatives, its users and the public. 

We will keep your data only for as long as is reasonably needed for the purposes set forth in these Terms of Service and in accordance with any applicable legal or ethical reporting or documentation retention requirements.

Termination

GeneMatters may terminate use of this Website or any of our features or Services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, You must discontinue use of content contained on the Website and all copies thereof. The provisions of these Terms concerning or applicable to You, as well as Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnities and jurisdictional issues in connection with You or for which you may be involved shall survive any such termination. If use of this Website is terminated pursuant to these Terms, You will not attempt to use this Website under any name, real or assumed, and further agree that if You violate this restriction after being terminated, You indemnify and hold us harmless from any and all liability that we may incur therefore.

Forward-Looking Statements

This Website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

General

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim liability for all third party information and the use of it. GeneMatters Policy ("Policy"), as it may change from time to time, is a part of these terms and conditions for using the Website and is incorporated herein by this reference www.gene-matters.com/privacy. GeneMatters reserves the right, and you authorize GeneMatters, to the use and assignment of all information regarding your use of this Website and all information provided by you in any manner consistent with GeneMatters’ Privacy Statement.

Links to GeneMatters Website

GeneMatters requires prior permission to create hyperlinks to our Website. Approval will be considered if the following conditions are met: (a) the links and the content on your website must not suggest any affiliation with or endorsement by GeneMatters or cause any other confusion regarding your relationship to GeneMatters or its online services without prior approval; (b) the link opens to the full version of applicable online services webpage, and each page within the Website is displayed in full (including all trademarks and branding), unaltered, and without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (c) the links and content on your website do not portray GeneMatters or its affiliates or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, threatening, harassing, or that violates any right of any third party or is otherwise objectionable to GeneMatters. GeneMatters reserves the right to suspend, withdraw permission, or prohibit linking to its online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. Unless GeneMatters enters into a specific written agreement with you, you may not use the GeneMatters name, logos, designs, slogans, trademarks, or service marks in or with your links.

Updates

GeneMatters may revise or modify these Terms from time-to-time. Such changes, revisions or modifications shall be effective immediately. It is incumbent upon You to be current with the terms of the Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this Website by you after shall be deemed to constitute acceptance of the Terms as may be revised from time-to-time.

GeneMatters will use reasonable efforts to include accurate and up-to-date information on the Website, however, any information presented on the Website as of a particular date may only be accurate as of the date written below and GeneMatters disclaims any responsibility to update such information. Information about companies other than GeneMatters contained in news, press releases or otherwise that are posted on the Website should not be relied upon as being provided or endorsed by GeneMatters.

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. GeneMatters will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Severability

If any term or condition in these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of these terms and conditions; or the validity or enforceability in other jurisdictions of that or any other provision of the terms and conditions contained in the Terms of Service.

Entire Agreement

You acknowledge that these Terms, together with the Terms & Conditions, represent the entire agreement between you and GeneMatters with respect to the Service, and that no other representations or promises, verbal or otherwise, will affect these Terms of Service.

Contact Information

If you have any questions about these Terms, please let us know by contacting us at info@gene-matters.com, by calling 1-866-741-5331 or 612-314-7482 or sending us a message using the contact form on our Contact page.

PAGE UPDATED AS OF: September 8, 2017