Terms & Conditions

Genomic Life, Inc
Terms & Conditions

Last Updated: December 2023

The following Terms & Conditions (“Terms”) govern the use of and access to the Services and Programs provided by Genomic Life, Inc. (“Genomic Life”, “us”, “we”, or “our”). Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. 

BY ACCEPTING THESE TERMS, WHETHER BY USING THE SERVICES, BY ENTERING INTO A SUBSCRIPTION IN REFERENCE TO THESE TERMS, OR BY OTHERWISE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE, YOU AGREE TO BE BOUND BY THESE TERMS WITHOUT RESTRICTION, INCLUDING THE PRIVACY POLICY REFERENCED HEREIN.  IF YOU DO NOT WISH TO ACCEPT ALL OF THESE TERMS, DO NOT ACCESS, PURCHASE OR USE THE GENOMIC LIFE SERVICES OR PROGRAMS.

GENOMIC LIFE IS NOT A MEDICAL SERVICE PROVIDER. Genomic Life does NOT provide medical treatment or health care services of any type, makes no medical referrals, issues no prescriptions, and provides no related health care advice. You should consult with medical professionals regarding any and all treatment decisions.

1. YOUR PERMITTED USE

You may use the Services subject to these Terms. The “Services” means any offering made available by Genomic Life and any associated services and functionality to which Customer has subscribed. This includes entering Individual Data (as defined below) into the Service and accessing Individual Data via the Service.  This limited license also includes Your right to print copies of Individual Data, including information made available through your use of any Program (as defined below), provided that your copy includes all proprietary copyright and trademark notices.  “Individual Data” means information: (i) relating to your past, present or future physical or mental health or condition; and/or (ii) that identifies You or for which there is a reasonable basis to believe it can be used to identify You. This includes such information downloaded, uploaded, or otherwise entered into the Service, or which You access by using the Service.

You are solely responsible for all actions taken, and all usage of Individual Data, in and through your Account.

2. GENOMIC LIFE PRIVACY POLICY 

YOUR USE OF THE SERVICES IS SUBJECT TO GENOMIC LIFE’S PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS AND MAY BE ACCESSED VIA THE FOLLOWING LINK: Privacy Policy - Genomic Life. THIS PRIVACY POLICY CONTAINS VERY IMPORTANT INFORMATION AND SHOULD BE REVIEWED CAREFULLY.

3. DIRECT PURCHASES

If You wish to purchase (“Purchase”) any program made available through the Service (“Program”), You may be asked to supply certain Individual Data necessary for, or relevant to, your Purchase, including, but not limited to, your full name, date of birth, credit card information, your billing address, and your shipping information.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your Individual Data, You grant us the right to provide such data to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel orders at any time for any reason, such as errors in the description or order.  We expressly reserve the right to refuse or cancel orders if fraud or an unauthorized or illegal transaction is suspected.

4. AVAILABILITY, ERRORS AND INACCURACIES

We may update our offering at any time. We may experience delays in updating information about  the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Programs or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5. DIRECT SUBSCRIPTIONS

Genomic Life may offer the option of annual, quarterly, and monthly billing frequencies for subscriptions (“Subscriptions”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set at the date of enrollment.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless cancelled by You or Genomic Life. You may cancel your Subscription renewal either through your online account management page or by contacting Genomic Life Customer Support Team at the address provided in these Terms.

A valid payment method, including an electronic transfer or wire, debit or credit card, is required to process the payment for your Subscription. You must provide Genomic Life with accurate and complete billing information including full name, address, state, ZIP  code, telephone number, and a valid payment method information and any other information required by Genomic Life. By submitting such payment information, You are authorizing Genomic Life to charge all Subscription fees incurred through your account to that payment method.

Should automatic billing fail to occur for any reason, Genomic Life will notify You and request updated payment information within a deadline, with the full payment corresponding to the billing period as indicated on the invoice.

6. FEE CHANGES

Genomic Life, at its sole discretion and at any time and in accordance with the terms stipulated in any relevant Master Services Agreement/Scope of Work, may modify the program pricing. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Genomic Life will provide You with a reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate your Subscription before such change becomes effective. Genomic Life does not charge a fee for cancellations or terminations of your Subscription.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. REFUNDS

You have the right to cancel this plan within 30 days after the effective date for a full refund of program charges paid during the first 30 days unless You are in a contract via Your employer (whereby the terms and conditions of the Master Services Agreement/Scope of Work must be followed) .

8. PROVIDED DATA

You are responsible for any data that You upload or enter on or through the Service, including its legality, reliability, and appropriateness. By using the Service, You grant us the right and license to use and modify any provided data as necessary to provide the Service and related programs. 

By uploading or entering data on or through the Service, You represent and warrant that: (i) the data is yours (You own it) and/or You have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the uploading of such data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating privacy rights.

9. LIMITATIONS ON USE

You agree to the following restrictions on Your use of the Services and Programs: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Programs; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part or element of the Services or Programs; (c) You shall not access or use the Services or Programs in order to build a similar or competitive Service or Program; (d) except as expressly stated herein, You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service or Programs in any form or by any means; and (e) You shall not remove, authorize or permit any third party to remove any proprietary rights legend from the Services.

You further agree not to use any Service function to: (a) upload, transmit, or distribute any computer virus, worm, or any software intended to damage or alter a computer application or data or to strip, scrape, or mine data from the Service; (b) send advertising, promotional materials, junk mail, spam, or any form of duplicative or unsolicited messages, whether commercial or otherwise; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Services; (e) misrepresent Your identity or affiliation with any person, specifically including any Individual; (f) harass or interfere with another user's use of the Services; (g) do any act that would be illegal, give rise to liability or otherwise violate any applicable law or this Agreement; (h) upload or transmit any communication or content of any type that infringes or violates any right of any party; or (i) post or transmit material that is or could be unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, false, misleading, hateful or embarrassing to any other person.

Genomic Life is free to use any information submitted to or through the Service in violation of the above for any legally permissible purpose and in any manner whatsoever. Genomic Life may fully cooperate with any law enforcement authority or court order related to use of the Services. In addition, and except as expressly described elsewhere in the Terms, content provided by Genomic Life on or used through this Service are the property of Genomic Life. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10. ACCOUNTS

When You create a member account with us, You guarantee that You are above the age of 18, and that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

11. INTELLECTUAL PROPERTY

You acknowledge that Genomic Life (or its licensors or suppliers, where applicable) owns any and all right, title and interest, including all copyrights, patents, trademarks, and trade secrets and other intellectual property rights, in and to the Services, including the Programs, and its original content (excluding Content provided by users) and all other related components, features and functionality. This Agreement does not constitute a sale and conveys to You no ownership right in the Services or Programs, or in any other Genomic Life intellectual property. All trademarks, logos and service marks (“Marks”) displayed on the Services are the property of Genomic Life or its licensors, suppliers and other third parties. No license is granted to use any Mark, and You will do so only with the owner’s prior written consent.

Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of, or created from, any part of the Services or Programs shall be owned exclusively by Genomic Life, and/or, as applicable, Genomic Life’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide, therein and thereto. This includes any suggestion, idea, enhancement request, feedback, recommendation or other information provided by You or any other person relating to the Services or Programs, and You hereby assign to Genomic Life any and all of Your rights, title or interests in and to the foregoing. 

12. THIRD PARTY LINKS, WEB SITES, PRODUCTS, OR SERVICES

Our Service may contain links to third-party web sites, products, or services that are not owned or controlled by Genomic Life. Genomic Life has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites, products, or service used without the prior written consent of Genomic Life.

You acknowledge and agree that Genomic Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites, products, or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites, products, or services that You visit.

13. TERMINATION

We may terminate or suspend your account and ban access to the Service immediately, without prior notice or liability, in our sole discretion with or without notice, for any reason whatsoever, without limitation, including but not limited to a breach of any of the Terms set forth herein.  You agree that we will not be liable to You for any modification, suspension or discontinuance of the Services or any portion thereof.

If You wish to terminate your direct member account, please contact the Genomic Life Member Services Team.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

When coverage ends, all services will end on that day and you will no longer be eligible to continue with the program (unless you have elected COBRA or chosen to port your membership with Genomic Life). 

14. INDEMNIFICATION

You agree to indemnify and hold Genomic Life, and its officers, employees, and agents, harmless, including for costs and attorney's' fees, from any claim or demand made by any third party due to or arising out of Your: (a) use of the Services; (b) violation of these Terms; or (c) violation of applicable laws or regulations.  Genomic Life reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Genomic Life and You agree to cooperate with Genomic Life’s defense of these claims.  You agree not to settle any matter without Genomic Life’s prior written consent.  Genomic Life will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

15. LIMITATION OF LIABILITY

In no event shall Genomic Life, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  Your sole and exclusive remedy for dissatisfaction with the Service or any related functionality is to stop using it.  If any part of this limitation of liability is found to be invalid or unenforceable for any reason, Genomic Life’s aggregate liability shall not exceed one hundred dollars ($100.00).

16. DISCLAIMER

Your use of the Service and any Program is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement or course of performance.

Genomic Life, its subsidiaries, affiliates, and its licensors do not warrant: (i) that the Service will function uninterrupted, secure or available at any particular time or location; (ii) that any errors or defects will be corrected; (iii) that the Service is free of viruses or other harmful components; (iv) the accuracy, completeness, correctness, timeliness or usefulness of any information, product, service or other material provided through use of the Service or on the Internet generally; or (v) that the results of using the Service will meet your requirements.

17. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

18. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

19. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service.

20. GENERAL PROVISIONS

You agree that regardless of any statute or law to the contrary, any claim arising in connection with Your use of the Services must be brought within one (1) year of the date the event giving rise to such action occurred, or be forever barred.

All provisions regarding indemnification, warranty disclaimers, limitation of liability, governing law and proprietary rights shall survive this document’s termination for any reason. 

If any provision of this document is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision matching the intent of the original provision as closely as permitted by law.

No waiver of any right or provision of these Terms shall be effective unless in writing and dated and signed by the party to be charged with waiver. The failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms are personal to You and You may not assign it to anyone.  These Terms are not intended to benefit any third party, including Individuals who are not Users; does not create any third-party beneficiaries; and may only be invoked or enforced by You or us.

The programs and services are only available to members residing in the United States and with a valid shipping address (no PO Boxes).

21. CONTACT US

If You have any questions about these Terms, please contact our Member Services Team at memberservices@genomiclife.com or 844-MYGENOME (844-694-3666).