April 1, 2016
1. Changes to the Terms of Service.
We may update the Agreement at any time. When we do, we will revise the “Revision Date” at the top of this Agreement, and you may view the most recent previous version. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site, you consent to any updates or amendments to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Genomet regarding your use of the Site. By accessing or using the Site, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Site.
2. Our Site and Services.
The Site is an online venue designed to facilitate interactions between Users, including collaborating among clinical geneticists and medical professionals, educating Users about available treatments through direct feeds, matching genetic variants and diseases with experts (including other Users) to promote collaboration and potentially expand networks, and sending and receiving direct messages as an alternative to email. The Site has features that allow Users to identify, obtain information about, and communicate directly with other clinical and medical professionals who have a practice with a relevant area of expertise.
WE DO NOT IN ANY WAY ENDORSE ANY PARTICULAR HEALTH CARE PROFESSIONAL OR REPRESENTATIVE, NOR ANY OF THEIR SERVICES OR PRODUCTS, NOR ANY SPECIFIC MEDICAL TREATMENT, PHARMACEUTICAL PRODUCT, OR MEDICAL DEVICE. MOREOVER, THE LISTING OR PARTICIPATION OF ANY INDIVIDUAL USER ON OUR SITE DOES IN NO WAY EXPRESS, DIRECTLY OR INDIRECTLY, ANY ENDORSEMENT OF OUR SITE BY SUCH PERSON, NOR BY ANY COMPANIES WITH WHICH SUCH USER MAY BE AFFILIATED. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION AVAILABLE ON THIS SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We do not provide, nor do we own or operate any agency or other such enterprise which provides any medical advice, drugs, medical supplies or any other related services. On and through our Site and Services, you may be able to search for and browse through information about the provision of treatments, goods or services (“Goods or Services,”). Genomet is not directly involved in any communication relating to Goods and Services. As a result, Genomet has no control over the quality, safety, morality or legality of any aspect of the items listed or the truth or accuracy of information relating to Goods and Services While Genomet makes certain efforts to verify the identity of each User as a practicing professional in the field, it cannot guarantee the true identity of any other User. Genomet encourages you to communicate directly with others through the tools available on the Site. You may wish to engage in additional User verification, including calling the institution such User claims to be affiliated with. You agree that Genomet is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on Genomet. You use the Genomet service at your own risk. We reserve the right at any time to change all or any part of the Services, including by eliminating or discontinuing any content or feature of the Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site or Services after such notice will be deemed acceptance of such changes. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content or feature of the Site or Services.
3. Account Registration & Personal Information.
4. User Responsibility.
You are solely responsible for all your use of the Site and the Services, including for your activities conducted offline, communications and general conduct in connection with any third parties with whom you contract for the purchase or sale of Goods or Services. Use of Credentials by any party other than the account holder is prohibited. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other Users’ use or enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, Member accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to assist or allow any third party to):
1. Post information on the Site or communicate information via the Site or Services that is false or misleading;
2. Copy, modify, adapt, translate, or reverse engineer any portion of the Site or Services;
3. Remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Site or Services or in any content or other material obtained via the Site or Services;
4. Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or Services;
5. Reformat or frame any portion of the web pages that are part of the Site or Services;
6. Violate any applicable laws or regulations or infringe upon any intellectual property, privacy, publicity or contractual or any other rights of any person in connection with the Site or Services;
7. Create User accounts or communicate with Users by automated means or under false or fraudulent pretenses;
8. Attempt to defeat any security or verification measure relating to the Site or Services;
9. Provide or use tracking or monitoring functionality in connection with the Site or Services, including, without limitation, to identify other Users’ actions or activities;
10. Impersonate or attempt to impersonate Genomet or any User, or any employee, contractor or associate of Genomet or of any User, or any other person or entity; or
11. Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph. We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms of Service.
5. User Content.
As part of the Services, you may have the opportunity to submit, upload, post, digitally publish, publicly display and/or otherwise transmit information, comments and/or other text, images, photos, graphics, videos and/or other content on/through the Site and Services (hereinafter, “User Content”). We have the right, but not the obligation to monitor the Site and Services and to remove any User Content, as we deem appropriate in our sole discretion. Genomet shall not be responsible for any failure or delay in removing any User Content. Likewise, by accepting or allowing you to provide any User Content, Genomet is not obligated to make the User Content available to the public, and we reserve the right not to do so for any reason, in our sole discretion.
The Site contains areas accessible to the public or registered Users in which you or third parties may post photographs or other content, messages, materials or other items (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any area of the Site accessible to other Users will be considered non-confidential. By submitting User Content to any area of the Site, including but not limited to Interactive Areas, you represent and warrant that you have the right to and hereby do grant Genomet, its partners, contractors, and all other Users of our Site and Services an irrevocable, perpetual, royalty-free, fully paid, sub-licensable, worldwide license to use, exploit, copy, publicly display, digitally publish (including publication on other websites used by Genomet) and otherwise distribute your User Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content. This license is non-exclusive. Genomet does not endorse the opinions, recommendations or advice expressed in any User Content.
1. You are solely responsible for your User Content, including the legality, reliability, appropriateness, originality and copyright thereof;
2. You may not post, publish, distribute or reproduce in any way any material subject to copyright,trademark or other third party proprietary rights of any kind without first obtaining all necessary consents, licenses and permissions in writing from the owners thereof;
3. You may not submit any User Content that infringes, misappropriates or violates the publicity, privacy or any other rights of any third party, including without limitation the names, identities, or confidential information made available to Users as part of a contractual or fiduciary relationship or
any “Protected Health Information” within the meaning of the US Health Insurance Portability and Accountability Act;
4. You may not provide any User Content that falsely expresses or implies that such material is
sponsored or endorsed in any way by Genomet or any User;
5. You may not provide any User Content that is unlawful or that promotes or encourages illegal activity or, as determined in the sole discretion of Genomet, which is false or intentionally misleading; threatening, obscene, defamatory, patently offensive or which promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
6. You may not submit any User Content that involves the transmission of unsolicited mass mailing or “spamming” or which solicits or is designed to solicit personal information from anyone under the age of 18 or to exploit the image or the likeness of any individual under the age of 18;
7. You understand and agree that Genomet may but in not obligated to review and delete any User Content that in the sole judgment of Genomet violates the Terms of Service or which we otherwise deem offensive, illegal or that might violate the rights of, harm, or threaten the safety of other Users; and
8. Genomet reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site, terminating the membership of and blocking use of the Services and/or the Site by such violators, and reporting such activities to law enforcement authorities.
6. Our Copyright Dispute Policy.
Claiming Copyright Infringement. Genomet respects the intellectual property of others and requires that our Users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated
Copyright Agent listed below:
1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Genomet Site (providing the URL(s) of the claimed infringing material satisfies this requirement);
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
6. Your physical or electronic signature. Designated Copyright Agent. Our Designated Copyright Agent for notification of claimed infringement can be reached by firstname.lastname@example.org. or
353 3rd Ave Suite #190
NY, NY 10010
Attn: Legal Department
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the borough of Manhattan in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Genomet may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Genomet’s sole discretion.
7. Links to Other Websites.
The Site may contain advertisements and/or links to other websites, including to those of certain Users (“Third Party Sites”). These links are provided solely for the convenience of our Users. Genomet does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you will no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Genomet bears no responsibility for any action associated with any Third Party Site. Moreover, Genomet does not imply an affiliation with any Third Party’s Site.
8. Proprietary Rights.
Except for your User Content, all of the content available on or through the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by Genomet, individual Users or other licensors or Site Users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the aforementioned content for personal, non-commercial purposes only, and we do not transfer any intellectual property or other rights to you by virtue of permitting your use of the Site or Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish, (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, we do not grant you any express or implied rights, and all rights in the Site and Services not expressly granted by us to you are retained by us.
9. Disclaimer of Warranties.
IF YOU ACCESS OUR SITE OR USE ANY OF OUR SERVICES, INCLUDING IF YOU CONTRACT FOR THE PURCHASE OR SALE OF GOODS AND SERVICES THROUGH COMMUNICATION WITH OTHER USERS, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES OR ANY GOODS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY OTHER USERS THROUGH THE SITE OR SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GENOMET MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GENOMET DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL GENOMET, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.
10. Limitations on Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, IN CONNECTION WITH ANY PURCHASE, SALE OR ANY TRANSACTION, COMMUNICATION OR OTHER INTERACTION BY OR BETWEEN YOU AND ANY USER, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH OUR SITE OR SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You shall defend, indemnify and hold harmless Genomet (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Site or Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Service by you or anyone to whom you give your Credentials.
We may, in our sole discretion, immediately terminate your access to and block your use of the Site or Services or any portions thereof, at any time, without prior notice and for any reason, including if we believe that you have violated or acted inconsistently with these Terms of Service. Upon termination of these Terms of Service, your right to access and/or use the Site or Services will immediately cease, and we may immediately deactivate or delete your Credentials, and all related information and files associated with your account. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services. Except for the license to access and use the Site and Services granted to you by Genomet herein, the rights and obligations of the parties as set forth in these Terms of Service shall survive termination.
13. Choice of Law and Dispute Resolution.
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and performed entirely within New York, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service, the Site or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of New York and the County of New York, pursuant to the rules of the American Arbitration Association. Any and all disputes that you may have with Genomet shall be resolved individually, without resort to any form of class action.
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you do not qualify under these terms, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States; any use outside of the United States is at the User’s own risk and Users are responsible for compliance with any and all applicable federal, state, local and international laws applicable to their use of the Services or the Site.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
Please email email@example.com
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