Terms of Use

Terms of Use: DNA Direct Personalized Medicine Portal

DNA Direct, Inc., ("DNA Direct"), welcomes you. The following Website Terms of Use Agreement (the "Agreement") governs your use of the Personalized Medicine Portal, owned and operated by DNA Direct (the "Service"). PLEASE CAREFULLY REVIEW THIS ENTIRE TERMS OF USE AGREEMENT BEFORE USING THIS SERVICE. By using this Service, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

 

1. Login, Password, Security

  1. Your user identity. Your Personalized Medicine Portal username (e-mail address) and will be your identity for purposes of interacting with DNA Direct and other users through the site.
  2. Login, passwords, and password access. You shall use your password solely in accordance with this Agreement and notify DNA Direct: Pier 9, Suite 106, San Francisco, CA 94111; e-mail: helpdesk@dnadirect.com, if you learn of or suspect any loss, theft or unauthorized use of your password, if applicable.
 

2. Obligations

You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from DNA Direct. As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

 

3. Privacy Policy

You agree and consent to the terms of the DNA Direct online Privacy Policy, which you can review by clicking here.

 

4. No Professional Advice

Any information supplied through the Service by any employee or agent of DNA Direct, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Service, and does not constitute medical, legal, or other professional advice. Health-related information provided through the Service is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to DNA Direct does not create a professional relationship and does not create any privacy interests other than those described in our DNA Direct Privacy Policy.

 

5. Off-Label Use

Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.

 

6. Links to Third-Party Services

This Service contains links to other Services ("Linked Services"). You will see linked services represented by either of the following messages: "You are now leaving our site. We assume no responsibility for any material or information you may encounter on the Internet. A new browser window will open for you to view the site below. To return to our site, select the original browser window" or "By selecting this link, you will be leaving the Personalized Medicine Portal and linking to another website which may be governed by a separate and different Terms of Use and Privacy Policy." The Linked Services are not under the control of DNA Direct, and DNA Direct is not responsible for the availability or reliability of the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. DNA Direct is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement, sponsorship or recommendation by DNA Direct. Consequently, please direct any concerns or complaints you may have regarding these external links to their site administrator.

 

7. Authorship

To the extent that content is identified on the Service as authored by a third party, DNA Direct is not the author.

 

8. Copyright Rights

Unless otherwise provided, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by DNA Direct or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Service confers on you any license or right under any copyright of DNA Direct or any third party.

The Service and the information contained in the Service are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of DNA Direct. Modifications of the contents of the Service are a violation of DNA Direct's copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Service should be addressed to WebSite Information, DNA Direct, Pier 9 Suite 106, San Francisco, CA 94111; e-mail: helpdesk@dnadirect.com.

You may freely browse this Service and download materials contained on this site for your personal, non-commercial use. However, no material or images from this Service may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without the express written permission of DNA Direct.

 

9. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all DNA Direct or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DNA Direct or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of DNA Direct or any third party.

 

10. Prohibited Uses, Generally

By using this Service, you agree not to:

  1. use any false or inaccurate information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
  2. delete or revise any material or other information of any other user or DNA Direct;
  3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  4. take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
  6. use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than (i) the search engine and search agents available from DNA Direct on the Service and (ii) generally available third-party web browsers
  7. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
  8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

You further agree not to violate or attempt to violate the security of the Service, including, without limitation, actions such as:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," the Service;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
  6. Violations of system or network security may result in civil or criminal liability. DNA Direct will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations

DNA Direct also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

11. Termination/Modification of this Agreement

DNA Direct reserves the right, in its sole discretion, to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

 

12. Access and retention

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

 

13. Disclaimer of warranties; limitations of liability

While DNA Direct uses reasonable efforts to include accurate and up-to-date information on the Service, DNA Direct makes no warranties or representations as to its accuracy. The materials contained on the Service are provided "AS IS" and without any implied or express warranties. DNA Direct does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site is free of viruses or other harmful components. DNA Direct does not warrant or make any representations regarding the use or results of the use of the Service in terms of accuracy or reliability. Anyone accessing this site assumes the entire cost of all necessary computer or network servicing, repair or correction. Under no circumstances will DNA Direct be liable for any special or consequential damages that result from the use of, or inability to use, the Service.

 

14. Indemnification

DNA Direct will notify you of any claim, made by a third party for liability or expense arising from your use of the Service in whole or in part, directly or indirectly. You in turn agree to indemnify, defend and hold harmless DNA Direct and its related parties for any such claim, including reasonable attorney's fees, upon request and notice from DNA Direct.

 

15. Notice of copyright infringement

If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide DNA Direct's Copyright Agent with the following information:

  1. identification of the copyrighted work claimed to have been infringed;

  2. identification of the allegedly infringing material on the Service that is requested to be removed;

  3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

  4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

  5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

  6. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

DNA Direct's Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows:

Copyright Agent
DNA Direct, Inc.
Pier 9, Suite 106
San Francisco, CA 94111
e-mail: helpdesk@dnadirect.com

DNA Direct will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above. United States law provides significant penalties for submitting such a statement falsely.

 

16. Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and DNA Direct expressly agree to submit to the exclusive jurisdiction and venue of the courts in California in all disputes arising out of or relating to the use of this Service.

 

17. No Waiver

The failure of DNA Direct to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

 

18. Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DNA Direct with respect to your use of this Service subject to the separate terms and conditions of other sites or services to which this Service is linked. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.