Terms of Use
Last Updated on: October 10, 2023
These Terms of Use describe the terms and conditions applicable to your access to and use of www.genomate.health and any services provided thereon (the “Website”).
The Website is the property of Genomate Health, Inc (“Genomate”, “we”, or “us”). All content of this Website is owned and controlled by Genomate and is protected by worldwide copyright laws.
Genomate is a company based in Cambridge, Massachusetts. We are a digital health company that develops computational (AI) solutions for personalized medicine.
1. General Conditions
The information provided on this Website is solely for general informational purposes. We advise you to read and review these Terms of Use carefully before accessing and using our Website. By accessing or using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to these Terms of Use, we advise you to not access or use the Website. For your own personal temporary, non-commercial use, you are free to view, access, download, or utilize information from the Website, including any text, pictures, music, video, and software. Except as expressly provided in these Terms of Use, you have no ownership or other rights in or to the information, and you will not use, copy, or display the information contained on the Website. Without first obtaining our written permission, no other use beyond those provided for in these Terms of Use is allowed. We may change these Terms of Use at any time without prior notice. You may read a current, effective copy of these Terms of Use at any time by selecting the “Terms of Use” link on the Website. Any use of the Website after such date constitutes your acceptance of the current Terms of Use. If any change to these Terms of Use is not acceptable to you, we advise you to cease accessing, browsing and using the Website. If you violate the Terms of Use, we reserve the right to deny you access to our Website, together with any and all other legal remedies.
2. Access and Use
We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to review and in some instances print content, from our Website for your personal and educational purposes as long as they do not violate any aspect of these Terms of Use or applicable law, including our intellectual property and other proprietary rights in and to the Website or the intellectual property rights of another party. We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Website with or without notice and for any reason, including performing maintenance, repairs or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Website. We will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period.
3. Privacy
We take your privacy very seriously. Any personal data collected through this Website is governed by the rules laid in our Privacy Policy. Please refer to Privacy Policy to learn more about your rights and responsibilities with respect to the personal information disclosed on this Website. If you have any questions about your rights under our Privacy Policy, we encourage you to contact us at privacy@genomate.health.
4. Intellectual Property
All content, features, and functionality available through the Website, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities or other personal information.
5. Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the contents contained thereon; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) to systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) to make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) to use a buying agent or purchasing agent to make purchases on the Website; (p) to use the Website to advertise or offer to sell goods and services; (q) to engage in unauthorized framing of or linking to the Website; (r) to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) to interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website; (t) to sell or otherwise transfer your profile; (u) to use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise; (v) to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; (w) to copy or adapt the Website software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) to upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website; (y) to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms of Use or Privacy Policy. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses set forth in these Terms of Use.
All registered and unregistered trademarks visible or accessible through our Website are trademarks of Genomate, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Genomate, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
6. Medical information
Genomate does not practice medicine. This Website might include general knowledge and information on different medical conditions. Such material is offered solely for informational and educational reasons and is not intended to replace medical advice or that of a trained healthcare provider. The information provided here should not be used to diagnose a condition or issue with your health. Any time you have a medical question or want information about a diagnosis or treatment, you should always visit a doctor or other qualified healthcare provider. Any information provided on this Website does not constitute medical advice and should not be taken as comprehensive or used to propose a diagnosis or course of therapy for a specific individual.
7. Children’s Information
The Website is intended only for users over the age of eighteen (18).
We do not target the Website or our services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
8. Accuracy, Completeness , and Timeliness of Information
Accuracy. The Website may contain typographical errors, inaccuracies, or omissions that may relate to Genomate offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.). We do not take on any obligation to update, amend, or clarify information in the Website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law. No specified update or refresh data applied in the Website should be taken to indicate that all information in the Website has been modified or updated.
Links to Services. You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Website by linking to it.
Third-Party Links. Our Website might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party. Genomate disclaims all responsibility for your access to other websites. We make no claims as to the truth or quality of any information found on any linked external website, and we have no control over their content. To safeguard your computer against viruses and other harmful software, you should exercise caution when downloading files from any website. Any links to other websites are provided as merely a convenience to the users of the Website.
9. Content Submission and Removal
To the extent our Website allows you to submit information, we will use your information consistent with the terms of our Privacy Policy and these Terms of Use. We reserve the right to remove, screen, edit, or reinstate your information from time to time at our sole discretion for any reason or no reason, and without notice to you. You shall be solely responsible for your information and the consequences of submitting and publishing your information on our Website. You affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to publish any information that you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to your information for publication on the Website pursuant to these Terms of Use.
You further agree that your information will not contain third- party copyrighted material, or material that is subject to other third- party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove content if properly notified that such content infringes on another's intellectual property rights. We reserve the right to remove content without prior notice subject to the applicable laws.
We will use reasonable efforts to investigate notices of alleged infringement. If we in our sole discretion reasonably believe an infringement has taken place, and consistent with applicable laws, will take appropriate action, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website.
10. Warranty and Disclaimer
THE WEBSITE, AND THE INFORMATION ON OR AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL IT AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR WEBSITE, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE WEBSITE AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE WEBSITE OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Governing Law
The laws of the United States of America and the State Massachusetts, without regard to its conflicts of laws principles, shall govern these Terms of Use and your use of the Website. Any legal action or procedure relating to this website must be filed only in a federal or state court with jurisdiction over the matter, located in Massachusetts.
You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12. Forward Looking Statements
This Website may contain "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. You should not rely on these forward-looking statements. These statements, at the time they were made, were based on then-current expectations of future events.
If underlying assumptions prove or have proven to be inaccurate, or if known or unknown risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from Genomate’s expectations and projections contained or reflected in these statements.
These statements may relate to our expectations for plans, objectives, strategies, future operating or financial performance, business plans, and prospects. They may also relate to Genomate’s expectations for clinical trials, development timelines, regulatory authority discussions, development programs, development candidates. Actual results could differ materially from the expectations and projections set forth in those statements.
The forward-looking statements on this Website are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties and other factors, many of which are beyond our control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements.
Genomate assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
13. Indemnification
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
14. Termination
These Terms of Use are effective until terminated. We may terminate these Terms of Use at any time without notice to you and may deny you access to our Website.
15. Severability
If any provision of this Agreement will be found to be unlawful, void or unenforceable, then such provision shall be removed without affecting the enforceability of all remaining provisions.
16. No Third Party Beneficiaries
There are no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
17. Changes to these Terms of Use
We reserve the right to change, modify, or amend these Terms of Use at any time to reflect changes in our practices and service offerings. If we modify our Terms of Use, such changes will be effective upon posting. It is your obligation to check our current Terms of Use for any changes. These Terms of Use may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
18. SeverabilityIf you have any questions about these Terms of Use, please contact us at info@genomate.health at any time.
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