Welcome, and thank you for your interest in California Institute of Genetics ("CalGenetics", “we", or ''us”). These Terms of Service and End User License Agreement are a legally binding contract between you and CalGenetics regarding your use of the Service.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, your Linkedin ID, your date of birth, your phone number, your business email address, and/or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and uptodate at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Some of the features of the Service may enable CalGenetics to access your location in order to tailor your experience with the Service based on your location (“Location Based Services”). In order to use certain Location based Services, you must enable certain features of your mobile phone, which enable CalGenetics to identify your location through a variety of means, including GPS location, IP address, cell tower location, geofencing technology, or detection by physical onlocation WiFi or Bluetooth sensors, as available. If you choose to disable any Locationbased Services on your device, you may not be able to utilize certain features of the Service. By enabling Locationbased Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Service; (ii) CalGenetics may provide Location Based Services related to and based on your then current location; and (iii) CalGenetics may use any such information collected in connection with provision of the Service.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non refundable.
Price. CalGenetics reserves the right to determine pricing for the Service. CalGenetics will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. CalGenetics may change the fees for any feature of the Service, including additional fees or charges; provided that CalGenetics gives you advance notice of changes before they apply. CalGenetics, in its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on the pricing made available to you.
Authorization. You authorize CalGenetics to charge all sums as described in these Terms or published on the website for the orders that you make and any level of Service you select, to the payment method specified in your account. If you pay any fees with a credit card, CalGenetics may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service. The Service may provide recurring payments for periodic charges (“Subscription Service”). If you activate or update Subscription Service through the Service, you authorize CalGenetics to periodically charge, on a going forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our website. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your account information). You may cancel your Subscription Service by contacting us at: firstname.lastname@example.org.
Delinquent Accounts. CalGenetics reserves the right to suspend or terminate Service for any accounts for which any amount is due but unpaid. In addition to the amount due for the Service, such accounts will be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees
Limited License. Subject to your complete and ongoing compliance with the Terms, CalGenetics grants you: (i) a limited, nonexclusive, non transferable, non sub-licensable, revocable license to install one copy of the mobile application(s) associated with the Service, and to use such mobile applications so installed, in each case solely in object code format, and solely for your legitimate, lawful business purposes, on mobile devices that you own or control, and (ii) permission to access and use the Service for your legitimate, lawful business use.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) decompile, reverse engineer or interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CalGenetics an unrestricted, perpetual, irrevocable, nonexclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by CalGenetics. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by CalGenetics are protected by intellectual property and other laws. All Materials included in the Service are the property of CalGenetics or our third party licensors. Except as expressly authorized by CalGenetics, you may not make use of the Materials. CalGenetics reserves all rights to the Materials not granted expressly in these Terms.
Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
Third Party Services and Linked Websites. CalGenetics may provide tools through the Service that enable you to import or export information to third party services, including through features that allow you to link your account on CalGenetics with an account on the third party service, such as Github, LinkedIn, Twitter, or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
Open Source Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third party licenses or to limit your use of such Open Source Components thereunder.
IN CONNECTION WITH THE SERVICE, YOU AGREE NOT TO
We reserve the right, at our discretion, to change these Terms on a going forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term. These Terms are effective beginning when you accept the Terms or download, install, access or use the Service, and ending when terminated as set for in Section 10.2.
Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, CalGenetics may, at its sole discretion, terminate these Terms, your account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice, provided that if CalGenetics does so for reasons other than your breach of these Terms, CalGenetics will refund to you a prorated portion of any fees you have paid in advance for use of the Service. You may terminate your account and these Terms at any time by contacting customer service at email@example.com.
Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your account; (iii) if the Terms are terminated by you for your convenience, you must remit to CalGenetics any unpaid amounts owed prior to termination; and (iv) upon termination of these Terms, all payment obligations accrued prior to termination and Sections 5.3, 6, 10.3, 11, 12, 13, 14 and 15 will survive.
Modification of the Service. CalGenetics reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. In the event that CalGenetics discontinues the Service or a portion thereof, CalGenetics will refund a prorated portion of any Subscription Fees you have paid in advance for use of the discontinued Service.
You are responsible for your use of the Service, and you will defend and indemnify CalGenetics and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “CalGenetics™ Entities'') from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS'' AND ON AN “AS AVAILABLE” BASIS. CALGENETICS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CALGENETICS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CALGENETICS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CALGENETICS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT. NOTWITHSTANDING THE FORGOING CALGENETICS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CALGENETICS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CALGENETICS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CalGenetics ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 14.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CalGenetics ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO CalGenetics FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law.These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and CalGenetics submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Ontario, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information. The Service is offered by California Institute of Genetics, located at 3200 Guasti Road, Ste 100, Ontario, California, 91761 . You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org