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Terms of Use

This Genection website (the "Website") and any related services provided by us or our affiliates or contractors (each a "Service," and collectively the "Services") are provided subject to these terms of use ("Terms"). The use of our Website or any Services will confirm that you agree to be bound by these Terms. If you do not agree to these terms, please do not use our Website or any of the Services.

The contents of our Website, including any results or reports generated by using the Website or the Services (collectively, "Your Report") and any data, analyses, images, hyperlinks and other information (collectively, "Content"), are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment.  We often use third party testing services and other service providers, as well as our own specialized testing services and those of our affiliates.  We may cooperate with your physician or engage the services of a licensed physician or other person authorized by law to order the Services or to receive Your Report.  However, these interactions are not intended to create, nor do they create, any doctor-patient relationship between Genection and you. You should seek the advice of your own physician or other qualified health care provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms or believe you may have any medical or psychiatric condition, regardless of any information provided in Your Report. You should not ignore professional medical advice or delay in seeking it because of Your Report or any other Content. Furthermore, you should not interpret Your Report or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health care provider before starting any new treatment or discontinuing any treatment that has been prescribed for you by your physician or other qualified health care provider.

Personal Information

       "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Genection collects and stores the following types of Personal 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 sample by Genection or its affiliates or contractors, or otherwise processed by and/or contributed to Genection.  

   "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services, such as your name, email, address, user ID and password, and any payment information you provide.

   "Self-Reported Information" is all information about yourself or your family, including your disease conditions, other health-related information, ethnicity, personal traits, family history, and other similar information that you provide to us. Self-Reported Information is included in our R & D only to the extent as described in our website or if you have given specific consent as described in the applicable Informed Consent.

       "Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users so as to minimize the possibility of exposing individual-level information while still providing scientific information.     

       "Research" means scientific research that Genection performs with the intent to publish in a peer-reviewed scientific journal. Research only uses Genetic and Self-Reported Information from users who have given consent according to the applicable Informed Consent. Genection Research activities do not include R&D.  

       "R&D" means research and development activities performed by Genection on user information and data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; compiling data for scientific use, and conducting scientific analysis that may lead to and/or include commercialization with or without a third party.  

Your Personal Information may be stored and used indefinitely by Genection for internal purposes.  Your Aggregated Genetic and Self-Reported Information, or that of your child or fetus or other patient for whom you are the legal representative, as the case may be, and related information, may be stored indefinitely by Genection to be used for test validation, education, Genection Research and R&D purposes after personal identifiers have been removed.

You will be required to create a user account with Genection ("Your Account") in order to access certain portions of our Website, purchase the Services, and obtain Your Report. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our Website or the Services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our Website and the Services with Your Account. You must immediately notify Genection of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

Unless otherwise agreed in writing, fees for Genection Services can only be paid using a credit card. You hereby authorize us or our affiliates to use your credit card information to obtain payment for the Services. You represent and warrant that you are authorized to use your credit card, and you agree to pay all charges incurred using Your Account. You agree that Genection may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on Genection's income). We reserve the right to accept or reject orders for any reason and to stop accepting credit cards from one or more issuers. Price and availability of any Service are subject to change without notice.  Genection reserves the right to terminate any Service for any reason.

By authorizing Genection to charge a credit card, you are authorizing Genection or a designated partner to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the issuing entity, and Genection is informed of such new replacement card account), for all fees and charges associated with the Service. If, at any time, Genection encounters reasons for a different payment schedule, those changes will be communicated to customers directly and in advance.

Billing for the Service commences immediately upon placement of your order for the Service.

Once you submit your order for Service and your credit card has been charged, your test will be processed and payment will be deemed to have been earned.

You may revoke your authorization to charge your credit card at any time by emailing Genection at info@Genection.com or calling (858) 224-6666. If your credit card expires, or is declined, Genection reserves the right to cease providing the Services immediately, and to take any other remedies permitted by law.

You represent to us that (i) you are at least 18 years of age, (ii) any samples you submit to us for processing as part of the Service are your own or those of your own child or of a patient for whom you are the legal representative, (ii) you have followed the collection instructions provided by us or the testing service, and (ii) you will not use our Website or the Services for any purpose that is unlawful, unethical or in violation of any of these Terms.  Whether you submit your own sample, a sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept these Terms if (1) you are not of legal age to form a binding contract with Genection, 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.

We may revise our technology to collect genetic and other data or information in the future. We may choose to have your DNA sample re-processed using different or new technology and include the results within an updated Report. However, your purchase of any Service does not automatically mean we will use any such different or new technology. You may also need to submit a new sample for processing using such different or additional technology, which may mean that you will have to pay an additional amount.

If you are a New York state resident, consistent with the Informed Consent you agreed to prior to testing, no additional testing or processing will be performed. Access to any additional future technologies will require a new authorization by a qualified health care provider and you will incur additional charges.

Privacy Policy

Genetic information is sensitive information and we take extra care to protect that information. We have implemented security protections designed to provide protection against unauthorized access, disclosure, misuse, and modification. Genection’s current privacy and security policies and practices are described in our Privacy Policy on our Website.  We reserve the right to update our privacy and security policies and practices from time to time at our sole discretion. We will employ important safeguards against unauthorized disclosure or access to your genetic data or other personally identifiable information about you, consistent with our Privacy Policy. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND GENECTION DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR WEBSITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GENECTION DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR WEBSITE OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. Furthermore, we cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release.

Intellectual Property

The Website is owned and operated by Genection, Inc. and title to all Content and Services (and any intellectual property and other rights relating thereto) belongs to Genection, its affiliates and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark and other laws. Genection grants you a non-exclusive, non-transferable, revocable, limited license to receive the Services you purchase from Genection, and to view and print one or more copies of Your Report and a single copy of any other Content obtained by you from our Website, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may forward electronic copies of Your Report to your physician and to any third party of your choosing. You may not use any Content obtained from our Website in any other manner or for any other purpose without the prior written consent of Genection. Our contractors, affiliates and/or suppliers may impose additional restrictions on the Content they provide to Genection, or the services provided to you, and in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to Genection, its affiliates, contractors and suppliers. By using our Website or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Website or any Services, without prior written consent from Genection.

All trademarks, service marks and logos used on our Website, whether registered or unregistered, are owned by Genection, its affiliates, contractors, licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our Website without prior written consent from the rightful owner.  Unless you have been expressly authorized to do so in writing by Genection, you agree that in using the Services, you will not use any trade mark, 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.

We use Web Behavior Information to track and monitor aggregate usage of our website, for R&D, for quality control, to improve our Services, and/or to target advertising for our products and services.

User Content and Web Behavior Information

Genection uses User Content to provide our Services and improve the experience for you.  If you have given your consent, posts made to the Genection community forums may be publicly displayed to other users. After giving your consent, submitting, posting, or displaying User Content, you give Genection a non-exclusive license to use any User Content that you submit, post, or display on or through the Services, as further described in our Terms of Use.  Genection may make such User Content available to other companies, organizations, or individuals who support Genection in providing the services you have requested, and to use such User Content in connection with the provision of those services. Genection, in performing the required technical steps to provide the Services to our users, may also (a) transmit or distribute your User Content over various secured networks and in various secured media; and (b) make such changes, such as formatting changes, to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media.

Web Behavior Information is collected through log files, cookies, and other technology during your connection to the Genection website. Web Behavior Information is used to improve our Services and the overall user experience, and if you have given consent to participate in Genection Research as described in the applicable Informed Consent, your Web Behavior Information may be used and disclosed to third parties in de-identified aggregate form for Genection Research intended to be published in peer-reviewed scientific journals. If you do not give consent to participate in Genection Research, we may still use your Web Behavior Information for R&D purposes as described above, which may include disclosure of de-identified aggregated Web Behavior Information to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal.

When users visit our website or use our mobile application, Genection gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider, referring/exit pages, operating system, date/time stamp, and clickstream data (i.e. a list of pages or URLs visited). We use this information internally, which is not designed to identify individual users, to analyze trends, administer the site, track users' movements around the site, and gather demographic information about our user base as a whole. We may, in some circumstances, need to review this automatically collected data in combination with specific Registration Information to identify and resolve issues for individual users.

The Genection website also uses cookies. A cookie is a small text file that is stored on a user's computer when you visit our website or any other website through your computer. We use cookies to make it easier for you to navigate our site, improve the security of your Personal Information, enhance the functionality of certain features, and improve performance. The cookies we employ are used to enable secure access to your account when you are signed in to your account.

A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. However, if you set your browser to reject cookies, your ability to use our site will be significantly impaired. In particular, you will not be able to access any part of our site that requires a sign-in, such as your account.

A web beacon is a clear graphic image that is loaded by your web browser when it accesses a website and that records a user's visit to a particular web page. We, or third parties that work for us, may place cookies and web beacons on our website, in our emails, and in our advertisements that appear on other websites or in emails sent by others that mention our products and services with our permission. The purpose of our web beacons is to support operation of our website and to offer additional products and services. We may use beacons to determine when someone views a web page, count how many individuals visit our website after clicking advertisements placed on other websites, or count how many people have purchased products from our website after viewing an advertisement we placed. Web beacons may also help us determine the effectiveness of an email campaign because the beacons can count the number of individuals who open an email or forward it to others. We use this Web Behavior Information to customize content on our website, enable purchases, or conduct research. Third parties only collect anonymous Web Behavior Information through the use of web beacons, allowing statistical analysis relating to the performance of our advertising.

If you wish to disable web beacons, it is possible to prevent your browser from loading them.

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 Genection 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.

No Resale of Service

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.

Accuracy and Opinions

We try to keep our Content accurate and complete, but we do not guarantee the accuracy, completeness, or timeliness of Your Report or any other Content, whether provided by us, our affiliates, contractors, or suppliers. It is possible the Content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected. Information contained within Your Report or other Content may be changed or updated by Genection without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our Website are those of the respective third party and not necessarily those of Genection. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GENECTION NOR ITS AFFILIATES, CONTRACTORS, OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.

Changes

Genection may at any time modify, discontinue, or suspend its operation of, or restrict access to our Website or the Services, or any part thereof, temporarily or permanently, without notice to you.  Genection may make changes to the Terms from time to time. When these changes are made, Genection will provide a new copy of the Terms on its website and any new additional terms will be made available to you from through the relevant Services.

You acknowledge and agree that if you use the Services after the date on which the Terms have changed, Genection will treat your use as acceptance of the updated Terms.

Compliance

Our Website may contain hyperlinks to third party websites. Hyperlinks to or from our Website do not constitute any endorsement or recommendation by Genection of any third party or its website, products, resources or other information. Genection is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with all terms and conditions of use for third party websites and content. You acknowledge that Genection shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party website, software, data, or other information.

Our Website is maintained by Genection, Inc. from its offices in California. Genection makes no representation that materials in our Website are appropriate or available for use in other states or countries. Those who choose to access this Website or any Services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this Website are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this Website may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this website in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

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. GENECTION 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) GENECTION 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, (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 GENECTION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENECTION DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENECTION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENECTION 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 GENECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD, YOUR HEALTH INFORMATION, OR YOUR 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. EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT RECEIVED BY GENECTION FROM YOU FOR THE SERVICES.

Genection assumes no responsibility for the use of Services outside the terms of these Terms or other applicable terms.  Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

Indemnity

You agree to defend and hold Genection, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of these Terms of Use, or your violation of any rights of any other person or entity.

If you have submitted a biological sample or otherwise provided your own genetic information, you will defend and hold harmless Genection, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping or sequencing your biological sample and/or analyzing your genetic information, which is disclosed to you consistent with our Privacy Policy 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 Genection, 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.

Notice

Notices to you may be made by either email, regular mail, or other recognized postal service. Genection may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services.

Official notices related to these Terms must be sent to us at:

Genection, Inc.
ATTN: President
6330 Nancy Ridge Drive, Suite 104
San Diego, CA 92121

Additionally, Genection accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal force or effect.

Violation of Terms of Service

If you violate the terms of these Terms and/or Genection has a reasonable ground to suspect that you have violated the terms of these Terms, Genection has the right to suspend or terminate your account and any Service, and may refuse any and all current or future use of the Services (or any portion thereof). Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Genection shall not be liable to you or any third party for any termination of your access to the Services.

Dealings with Third Parties

Your correspondence or dealings with,or participation in promotions of, information providers, vendors, or other 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 Genection 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.

Miscellaneous

Entire Agreement. The Terms constitute the entire agreement between you and Genection with regard to the Services and other subject matter described herein, and govern your use of the Services, and they supersede any prior oral, written or other agreements between you and Genection on these subjects. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party services.

Applicable law and arbitration. Except for any disputes relating to intellectual property rights or related infringement claims, any disputes with Genection arising out of or relating to the Agreement or any Informed Consent ("Disputes") shall be governed by the laws of the State of California, irrespective of its conflicts of laws principles, and regardless of your country of origin or where you access Genection, and notwithstanding the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration by one arbitrator under the rules of the American Arbitration Association, to be held in San Diego, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request.  Each party shall share equally in the costs for the arbitrator and the related costs.  In any Dispute, the prevailing party shall be entitled to recover their reasonable documented attorneys fees and arbitrations costs.  The arbitrator shall not be authorized to award punitive damages with respect to any such Dispute, nor shall any party seek punitive damages relating to any matter under, or arising out of or relating to these Terms of Use or any Informed Consent in any other forum.   Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitration awards in any court of competent jurisdiction.

Waiver. The failure of Genection to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.

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 must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Amendments. We reserve the right to modify, supplement or replace these Terms, effective upon our posting at www.Genection.com or notifying you otherwise. If you do not agree with any changes to the Terms, please do not use our Website or the Services.

Assignment: You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. 

 

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