You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Viazoi’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Viazoi’s express written consent.
• By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least eighteen  years of age to submit your own saliva sample, a saliva sample for anyone for whom you have the legal authority to agree, or otherwise provide your own Genetic Information.
• Whether you submit, you may not use the Services and may not accept the TERMS OF SERVICE if (1) you are not of legal age to form a binding contract with Viazoi, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
• If your use of the Services includes creating a Viazoi account, without submitting a saliva sample or otherwise providing Genetic Information, you must be thirteen (13) years of age or older to use the Services and accept the TERMS OF SERVICE.
3. Acceptance of Terms
Your use of Viazoi’s Services (excluding any services provided by Viazoi under a separate agreement) is subject to the terms of the legal agreement between you and Viazoi’s set forth in these Terms of Service. Except as specified herein, these TERMS OF SERVICE apply to any use of the Services, including but not limited to a) submitting a saliva sample for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Viazoi website, and/or c) creating and using a free Viazoi account without providing your saliva sample or Genetic Information. In order to use the Services, you must first agree to the TERMS OF SERVICE. These terms and conditions govern your use of this website and all avenues associated to this website; by using this website, either directly or indirectly, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website, either directly or indirectly. You can accept the TERMS OF SERVICE by (1) clicking to accept or agree to the TERMS OF SERVICE, where this option is made available to you by Viazoi for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Viazoi will treat your use of the Services as acceptance of the TERMS OF SERVICE from that point onwards. In addition, when using particular Viazoi Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS OF SERVICE. Viazoi may also offer other services from time to time that is governed by different terms of service.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
4. Viazoi’s Proprietary Rights
You acknowledge and agree that Viazoi, or Viazoi’s licensors, own all legal right, title, and interest in and to the Services, including any intellectual property rights, including but not limited to patents, which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Viazoi and that you shall not disclose such information without Viazoi’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Viazoi, you agree not to and not to permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Viazoi and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Viazoi, and other Viazoi logos and product and service names are trademarks of Viazoi and these marks together with any other Viazoi trade names, service marks, logos, domain names, and other distinctive brand features are the ” Viazoi Marks”. Unless you have agreed otherwise in writing with Viazoi, other than through the Limited License in Section 10, nothing in the TERMS OF SERVICE gives you a right to use any Viazoi Marks and you agree not to display, or use in any manner, Viazoi Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Viazoi, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, Viazoi grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Viazoi, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Viazoi, in the manner permitted by the TERMS OF SERVICE. Unless Viazoi has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Viazoi for use in accessing the Service. Any rights not expressly granted herein are reserved.
5. License to Use Website
Unless otherwise stated, Viazoi and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute materials from this website [except for content specifically and expressly made available for redistribution].
6. Description of the Services
Viazoi is committed to providing state-of-the-art genetic testing to patients from all walks of life. The Services include access to the Viazoi public website and genetic testing services, including the collection and analysis of your saliva sample. The test analyzes a specific gene or gene(s) for genetic changes called mutations. The gene(s) analyzed are associated with specific hereditary risks. This test will help determine if a person has a significantly increased risk of developing certain medical conditions or genetic predispositions. Viazoi utilizes Illumina sequencers and assays to bring cutting-edge Next Generation Sequencing (NGS) technology, which efficiently and accurately, target germline genes associated with cancer dispositions to patients and providers. Germline mutations play an important role in cancer risk and susceptibility. Illumina next-generation sequencing (NGS) technology uses clonal amplification and sequencing by synthesis (SBS) chemistry to enable rapid, accurate sequencing. The process simultaneously identifies DNA bases while incorporating them into a nucleic acid chain. Each base emits a unique fluorescent signal as it is added to the growing strand, which is used to determine the order of the DNA sequence. A highly scalable technology, DNA sequencing can be applied to small, targeted regions or the entire genome through a variety of methods, enabling researchers to investigate and better understand health and disease. NGS can be used to sequence many samples concurrently for germline mutations, increasing both the number of genes covered and the confidence in covering relevant genes. Targeted sequencing enables accurate identification of cancer-predisposing variants, with reduced data analysis burdens and time to answer. All Illumina sequencing systems use proven sequencing by synthesis (SBS) technology. SBS is the most widely adopted next-generation sequencing (NGS) technology, producing more than 90% of global sequencing data. SBS delivers highly accurate base-by-base sequencing and robust performance across the genome.
As for determining the role genetic variants play in cancer predisposition, this process is now simpler and faster with the TruSight Cancer Sequencing Panel. Developed in collaboration with experts in cancer genomics, the oligos specifically target genes associated with cancer. The TruSight Cancer Sequencing Panel targets 94 genes suspected to play a role in predisposing to cancer, including genes associated with both common (eg, breast, colorectal) and rare cancers. In addition, the panel includes 284 SNPs suspected to be associated with cancer through genome-wide association studies (GWAS). The content selection was based on expert curation of the scientific literature and other high- quality resources. TruSight Cancer features a highly optimized probe set that delivers comprehensive coverage of genes suspected to indicate a predisposition for cancer, starting from only 50 ng of DNA input and targets a total of 255 kb of the human genome. The 80-mer probes target libraries of approximately 500 bp (insert size of 300 bp), enriching 350–650 bases centered symmetrically around the midpoint of the probe 1. This means coverage of exonic and noncoding DNA in exon- anking regions, on average 50 bp. High-throughput genomic technologies enable screening of large sample numbers quickly to find disease-related causal variants. Many single nucleotide polymorphisms (SNPs) and copy number variations (CNVs) are associated with the disease. Causal variant identification can lead to further studies of gene targets to characterize disease mechanisms. These surveys can generate statistically significant disease associations and identify potential causal variants of interest for future studies. After a genetic variant is associated with a disease, further study can reveal its effects on gene expression and/or regulation.
Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TERMS OF SERVICE. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Viazoi at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Viazoi is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Viazoi provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Viazoi may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Viazoi’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Viazoi when you stop using the Services unless you are requesting closure of your account. Viazoi assumes no responsibility for the use of Services outside the terms of this TERMS OF SERVICE or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access devices. You are solely responsible for providing such equipment. You acknowledge and agree that while Viazoi may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by Viazoi at any time, at Viazoi’s discretion.
7. Test Results and Interpretation
Your results should be evaluated in the context of personal and family health history, the results of physical examination, laboratory and hospital tests, and clinical impression of your healthcare provider. Possible result outcomes include positive, negative and uncertain.
• Positive– A mutation that is associated with an increased risk for a medical condition or predisposition was identified. Knowing this information may help you and your doctor make more informed choices about your healthcare, such as screening, risk-reducing surgeries, and preventive medication strategies.
• Negative– A mutation was not identified in any of the genes included as part of your testing.
• Uncertain– A genetic change was detected but it is not known if this change is linked to a medical risk.
8. Risks and Considerations Regarding Viazoi Services
The Genetic Information May Evoke Strong Emotions. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, or economic implications.
You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from Viazoi, your physician, a genetic counselor, or other healthcare providers.
We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions to help you understand your results and options.
Genetic Test Results Have Implications For Blood Relatives. In consultation with an appropriate healthcare provider, you may wish to discuss sharing your test results with certain blood relatives who may be at risk. If you decide to do this, you should also consider the best way to make this disclosure.
You should not change your health behaviors solely on the basis of information from Viazoi. Make sure to discuss your Genetic Information with a physician or other healthcare provider before you act upon the Genetic Information resulting from Viazoi Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through Viazoi, you should contact your physician or other healthcare providers. Please note that genetic risk assessment is not applicable to results of carrier screening tests.
Viazoi Services are for research, informational, and educational use only. We do not provide medical advice. The Genetic Information provided by Viazoi is for research, informational, and educational use only. This means, (1) many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing; (2) in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all users to participate in Viazoi Research. Participation in such research is voluntary and based upon a consent document. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare providers with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
Viazoi does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare providers. Viazoi believes that (a) genetics is only part of the picture of an individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by Viazoi, Viazoi employees, others appearing on our website at the invitation of Viazoi, or other visitors to our website is solely at your own risk.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy. It is absolutely critical that our consumers get high-quality genetic data that they can trust. We have worked extensively with our lab partner to make sure that the results we return are accurate. However, in rare instances a false positive or false negative are likely. Viazoi strongly urges customers to retain certified physicians to analyze the results and/or retest if needed. Viazoi may not be held liable for common error rates, If the initial processing fails for any of these reasons, Viazoi will offer to send another kit to the user to collect a second sample at the customer’s expense. If the user declines this option, the user is entitled solely and exclusively to a complete refund of the amount paid to Viazoi, less shipping and handling, provided that the user shall not resubmit another sample through a future purchase of the service. If the user opts to receive another sample collection kit and Viazoi’s attempts to process the second sample are unsuccessful, Viazoi will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Viazoi, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, Viazoi will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
Furthermore, Genetic Information that you choose to share with your physician or other healthcare providers may become part of your medical record and through that route be accessible to other healthcare providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
Your genetic test results may help you and your doctor make more informed choices about your healthcare, such as screening, risk-reducing surgeries, and preventive medication strategies. The identification of gene mutation(s) in a family enables other blood relatives to determine whether or not they share the same hereditary risks.
10. Account Information
You will be required to create a user account (“Your Account”) to order our services, activate your test kit, obtain your results, and/or access certain restricted portions of our website. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Viazoi has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Viazoi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the United States.
After you have purchased our Service, you will create a user ID and password to enable you to access restricted areas of this website or other content or services. You must ensure that the user ID and password are kept confidential, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Viazoi’s website through your username and password, you will defend and indemnify Viazoi and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Viazoi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Viazoi cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
11. User Representations
By accessing Viazoi Services, you agree to, acknowledge, and represent as follows:
a) You understand that information you learn from Viazoi is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Viazoi services are intended for research, informational, and educational purposes only and that while Viazoi information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Viazoi urges you to seek the advice of your physician or other healthcare providers if you have questions or concerns arising from your Genetic Information.
b) You give permission to Viazoi, its contractors, successors, and assignees to perform genetic testing services on the DNA extracted from your saliva sample and you specifically request Viazoi to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
c) You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TERMS OF SERVICE on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
d) You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
e) If you are outside the United States (“US”), you are aware that Viazoi website is hosted in the US and its services are intended for customers located within the US [with the exclusion of customers located within New York state].
f) You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
g) You are aware that some of the information you receive may provoke strong emotion.
h) You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
i) You understand that all your Personal Information will be stored in Viazoi databases and will be processed in accordance with the Viazoi Privacy Statement.
j) Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Viazoi or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Viazoi has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof, and you will defend and indemnify Viazoi and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
12. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Although you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services, by submitting, posting, or displaying User Content, you grant to Viazoi, its affiliated companies, sub-licensees (including but not limited to sub-licensees who avail themselves of the Limited License granted in sub-section below) and successors and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, publicly perform, translate, edit, reformat and distribute your user content in any existing or future media on or through the Services. You also grant to Viazoi the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Viazoi or a third party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Viazoi reserves the right to edit or remove any material submitted to this website, or stored on Viazoi’s servers, or hosted or published on this website.
Notwithstanding Viazoi’s rights under these terms and conditions in relation to user content, Viazoi does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Viazoi does not claim ownership of the User Content you provide to Viazoi (including feedback and suggestions) or post, upload, input, or submit to the Service.
You acknowledge and agree that this license includes a right for Viazoi to make such User Content available to other companies, organizations, or individuals with whom Viazoi has relationships, and to use such User Content in connection with the provision of those services.
You understand that Viazoi, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Viazoi to take these actions. You represent and warrant to Viazoi that you have all the rights, power, and authority necessary to grant the above license.
• Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent unless required by law. Note that Viazoi cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Viazoi website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Viazoi has no obligation to do so on your behalf.
Your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these TERMS OF SERVICE. You understand that you should not expect any financial benefit from Viazoi as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Genetic and Self-Reported Information shared with research partners, including commercial partners.
• Acknowledging General Practices for Use and Storage. You acknowledge that Viazoi may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Viazoi’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Viazoi has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Viazoi reserves the right to change these general practices and limits in its sole discretion.
• Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Viazoi or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
• Limited License: You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Viazoi, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original Viazoi Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Viazoi and/or the sponsors who provide that content to Viazoi (or by other persons or companies on their behalf). Viazoi grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from any physician opinion found on the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Viazoi website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: All rights reserved; distributed pursuant to a Limited License from Viazoi ; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content, either in whole or in part, unless you have been specifically told that you may do so by Viazoi or by the owners of that content, in a separate agreement.
13. Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Viazoi that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Viazoi. Furthermore, you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Viazoi , or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Viazoi or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Viazoi ; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Viazoi’s website; (15) attempt to or actually override any security component of Viazoi web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Viazoi ; (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; or (19) Other than pursuant to the terms of the Limited License in Section 10 of this TERMS OF SERVICE or unless otherwise agreed in a separate agreement between you and Viazoi, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You acknowledge and agree that you are solely responsible for (and that Viazoi has no responsibility to you or to any third party for) any breach of your obligations under the TERMS OF SERVICE and for the consequences (including any loss or damage which Viazoi may suffer) of any such breach. In case of breach of any one of these agreements Viazoi has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Viazoi and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Viazoi has a reasonable ground to suspect that you have violated the terms of this Section, Viazoi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
14. Viazoi Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Viazoi or any Service; or by (2) actually using the Services.
Viazoi and its affiliated laboratories keep test results confidential, in full compliance with all Health Insurance Portability and Accountability Act (HIPAA) regulations. Viazoi will only release your test results to your healthcare provider, his or her designee, or to another healthcare provider as directed by you (or a person legally authorized to act on your behalf) in writing, or otherwise as required by federal and state laws.
You acknowledge and agree that Viazoi has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Viazoi may collect, store and use personally identifiable information such as name, email, mailing address, and phone number when it is voluntarily submitted to Viazoi when you register to purchase our Services. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Viazoi Services, website, or other systems. Viazoi may also include your information in Aggregated, De-identified Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. Viazoi research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. Viazoi research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. Viazoi will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so unless required by law.
Further, you acknowledge and agree that Viazoi is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Viazoi may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Viazoi TERMS OF SERVICE; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Viazoi, its employees, its users, its clients, and the public. In such event, we will notify you through the contact information you have provided to us in advance unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Viazoi may, in its sole discretion, restrict access to the website for any reason.
15. Information Viazoi Collects
a) Information you provide directly to us
• Registration Information. When you register an account with us or purchase our Services, we collect personal information, such as your name, date of birth, billing and shipping address, payment information (e.g., credit card) and contact information such as your email and phone number.
• Self-Reported Information. You have the option to provide us with additional information about yourself through surveys, forms, features or applications. For example, you may provide us with information about your personal traits, ethnicity, disease conditions, other health-related information, and family history information. Where you are disclosing information about a family member, you should make sure that you have permission from the family member to do so.
• User Content. Some of our Services allow you to create and post or upload content, such as data, text, software, music, audio, photographs, graphics, video, messages, or other materials that you create or provide to us through either a public or private transmission (“User Content”). For example, User Content includes any post or message you place on Viazoi’s community forums.
• Referral Information and Sharing. When you refer a person to Viazoi or choose to share results information with another person, we will ask for that person’s email address. We will use the email address solely, as applicable, to make the referral or to share your results information, and we will let your contact know that you requested the communication. By participating in a referral program or by choosing to share information with another person, you confirm that the person has given you consent for Viazoi to communicate (e.g., via email) with him or her.
• Third-party services (e.g., social media). If you use a third-party site, such as Facebook or Twitter, in connection with our Services to communicate with another person (e.g., to make or post referrals or to request that we communicate with another person), then in addition to that person’s name and contact information, we may also collect other information (e.g., your profile picture, network, gender, username, user ID, age range, language, country, friends lists or followers) depending on your privacy settings on the third-party site. We do not control third-party site’s information practices, so please review their privacy policies and your settings on those sites carefully.
• Customer service. When you contact our Customer Care center or correspond with us about our Service, we collect information to: track and respond to your inquiry; investigate any breach of our Terms of Service, Privacy Statement or applicable laws or regulations; and analyze and improve our Services.
b) Information related to our genetic testing services
• Saliva sample. To use our genetic testing services, you must purchase, or receive as a gift, a Viazoi testing kit, register an online account, and ship your saliva sample to our third-party laboratory. Once received, your saliva sample will be identified by its unique barcode, along with your gender and your date of birth. The barcode label identifies you to us but not to our third-party laboratory. Our third-party laboratory will analyze the DNA of a specific gene or genes to look for mutations associated with specific hereditary risks.
• Genetic Information. Genetic Information refers to features of your DNA that distinguish you from other people (e.g. the As, Ts, Cs, and Gs at particular locations in your genome) and is generated when we analyze and process your saliva sample, or when you otherwise contribute or access your Genetic Information through our Services. Genetic Information includes Viazoi Results information reported to you as part of our Services and may be used for other purposes.
c) Information collected through tracking technology (e.g. from cookies and similar technologies)
• As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you, such as your user profile ID or order number. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
• When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
• Because Viazoi relies on third-party ad networks who may track you across websites over time for advertising purposes, we are not able to respond to your selection of the “Do Not Track” option provided by your browser. We cannot advise on whether your selection of “Do Not Track” option will have any effect on the collection of cookie information by the third-parties who collect such cookie information on our site.
• Third-parties with whom we partner to provide certain features on our site or to display advertising based on your Web browsing activity use Flash Cookies (Local Shared Objects) to collect and store information.
16. How we use and share information
Viazoi will use and share your personal information with third-parties only in the ways that are described in this privacy statement.
a. Using information to provide, analyze and improve our Services
We use the information described above in Section 13 to operate, provide, analyze and improve our Services. These activities may include, among other things, using your information in a manner consistent with other commitments in this privacy statement, to:
i. open your account, enable purchases and process payments, communicate with you, and implement your requests (e.g., referrals);
ii. host our website, run our mobile application(s), authenticate your visits, provide custom, personalized content, and information, and track your usage of our Services;
iii. conduct analytics to improve and enhance our Services;
iv. offer new products or services to you, including through emails, promotions or contests;
v. implement online marketing campaigns and targeted advertising, including by utilizing third-party ads (subject to your cookie settings and preferences), and to measure the effectiveness of our marketing and targeted advertising;
vi. conduct surveys or polls, and obtain testimonials;
vii. process and deliver your genetic testing results;
viii. perform research & development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities.
b. Information we share with third-parties
i. General service providers. We share the information described above in Section 13 with our service providers, as necessary to provide their services to us. Service providers are third-parties (other companies or individuals) that help us to provide, analyze and improve our Services. For example, we work with third-party laboratories and contractors to process and analyze your saliva sample for purposes of generating your Genetic Information.
NOTE: Our service providers act on Viazoi’s behalf. While we implement procedures and contractual terms to protect the confidentiality and security of your information, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
iii. Aggregate information. We may share aggregate information with third-parties, which is any information that has been stripped of your Personal Information (e.g., your name and contact information) and aggregated with information of others so that you cannot reasonably be identified as an individual (“Aggregate Information”). This Aggregate Information is different from “individual-level” information. Individual-level Genetic Information and Self-Reported Information consist of data about a single individual’s genotypes, diseases or other traits/characteristics information. We may provide such Aggregate Information in commercial arrangements with our business partners. In contrast, individual-level Genetic Information could reveal whether a specific user has a particular genetic trait or all of the Genetic Information about that user. Viazoi will ask for your consent to share individual-level Genetic Information or Self-Reported Information with any third-party, other than our service providers as necessary for us to provide the Services to you.
iv. Information we share with commonly owned entities. We may share some or all of your information with other companies under common ownership or control of Viazoi, which may include our subsidiaries, our corporate parent, or any other subsidiaries owned by our corporate parent in order to provide you better service and improve the user experience. We may provide additional notice and ask for your consent if we wish to share your information with our commonly owned entities in a materially different way than discussed in this Privacy Statement.
c. Disclosures required by law
Under certain circumstances, your information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. Viazoi will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that Viazoi may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Viazoi Terms of Service and other policies; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Viazoi, its employees, its users, its clients, and the public.
17. No warranties
This website is provided “as is” without any representations or warranties, express or implied. Viazoi makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Viazoi does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
18. Limitations of liability
Viazoi will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Viazoi has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Viazoi’s liability in respect of any:
• death or personal injury caused by Viazoi’s negligence;
• fraud or fraudulent misrepresentation on the part of Viazoi; or
• a matter which it would be illegal or unlawful for Viazoi to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You hereby indemnify Viazoi and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, and undertake to keep Viazoi and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Viazoi to a third party in settlement of a claim or dispute on the advice of r Viazoi’s legal advisers) incurred or suffered by Viazoi arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; Any breach by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions]; or your violation of any rights of another.
If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless Viazoi, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Viazoi, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
21. Other parties
You accept that, as a limited liability entity, Viazoi has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Viazoi’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Viazoi’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Viazoi.
22. Unenforceable provisions
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
23. Breaches of these terms and conditions
Without prejudice to Viazoi’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Viazoi may take such action as Viazoi deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
24. Variations to Service
Viazoi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Viazoi features or Services, and (ii) Viazoi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Viazoi. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Viazoi to deliver these to you) as part of your use of the Services.
You acknowledge that Viazoi may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
Viazoi may freely assign, delegate, transfer, sub-contract or otherwise deal with Viazoi’s rights and/or obligations under these terms and conditions, fully or partially, without notifying you or obtaining your consent. We may also substitute, by way of unilateral novation, effective upon notice to you, Viazoi for any third party that assumes our rights and obligations under this Agreement.
You may not assign, delegate, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The TERMS OF SERVICE will continue to apply until terminated by either you or Viazoi as set out in this Section.
If you want to terminate your legal agreement with Viazoi, you may do so by notifying Viazoi at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Viazoi’s address, which is set out at the beginning of the TERMS OF SERVICE, or online via Customer Care. If you provide notice online, Viazoi will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Viazoi may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TERMS OF SERVICE (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TERMS OF SERVICE); (2) Viazoi is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Viazoi offered the Services to you has terminated its relationship with Viazoi or ceased to offer the Services to you; (4) Viazoi is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Viazoi is, in Viazoi’s opinion, no longer commercially viable.
If you violate the terms of these TERMS OF SERVICE and/or Viazoi has a reasonable ground to suspect that you have violated the terms of these TERMS OF SERVICE (such as suspected fraudulent, abusive or illegal activity), Viazoi has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Such violations may be referred to appropriate law enforcement authorities. You acknowledge and agree that Viazoi shall not be liable to you or any third party for any termination of your access to the Services.
28. Survival of Terms
These terms and conditions constitute the entire agreement between you and Viazoi in relation to your use of this website and supersede all previous agreements in respect of your use of this website. When the TERMS OF SERVICE come to an end, all of the legal rights, obligations, and liabilities that you and Viazoi have benefited from, been subject to (or which have accrued over time while the TERMS OF SERVICE have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1 through 38, inclusive, shall continue to apply to such rights, obligations, and liabilities indefinitely.
29. Changes to the Terms of Service
Viazoi may make changes to the TERMS OF SERVICE from time to time. When these changes are made, Viazoi will make a new copy of the TERMS OF SERVICE available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TERMS OF SERVICE have changed, Viazoi will treat your use as acceptance of the updated TERMS OF SERVICE.
30. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Viazoi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
31. Hyperlinks and the Viazoi Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Viazoi has no control over such sites and resources, you acknowledge and agree that Viazoi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Viazoi 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 the use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
32. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with California Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.
While we are licensed in California as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for genetic testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside; and 2) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Viazoi’s Services online.
33. 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. VIAZOI 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) VIAZOI 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; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (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 VIAZOI 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. VIAZOI DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, VIAZOI SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
34. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIAZOI 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 VIAZOI 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, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT 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.
The headings set forth in this Agreement are strictly for the convenience of the parties and shall have no effect on the interpretation of any provision of this Agreement.
Notices to you may be made via either email or regular mail. Viazoi may also provide notices of changes to the TERMS OF SERVICE or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TERMS OF SERVICE must be sent to us at:
ATTN: Chief Marketing and Business Relations Officer
1716 W. Holt Ave.
Pomona, CA 91768
Additionally, Viazoi accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
37. Final and Binding Arbitration
Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Viazoi arising out of or relating to the Agreement (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Viazoi, 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 San Francisco, California, 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.
a) Waiver. The failure of Viazoi to exercise or enforce any right or provision of the TERMS OF SERVICE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF SERVICE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TERMS OF SERVICE remain in full force and effect.
b) Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TERMS OF SERVICE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c) Severability Clause. If any portion of these TERMS OF SERVICE is found to be unenforceable, the remaining portion will remain in full force and effect.
a) ” Viazoi” means Viazoi, whose principal place of business is at 1716 West Holt Avenue Pomona, CA 91768.
b) “Service(s)” means Viazoi’s products, software, services, and website (including but not limited to text, graphics, images, and other material) as accessed from time to time by the user, regardless of the use is in connection with an account or not.
c) “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
d) “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Viazoi collects and stores the following types of Personal Information:
• “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
• “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by Viazoi or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Viazoi.
• “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Viazoi account. Self-Reported Information is included in Viazoi Research only if it has been indicated for Viazoi Research use on the website and if you have given consent according to the applicable Consent Document.
• “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of Viazoi Services and transmitted, whether publicly or privately, to or through Viazoi.
• “Web Behavior Information” is information on how you use the Viazoi website (e.g. browser type, domains, and page views) collected through log files, cookies, and web beacon technology.