Unite Genomics, Inc., a Delaware corporation, and its affiliates (“Unite Genomics,” or “we” or “our”) operates this website at www.unitegenomics.com (“Website”) to provide online access to information about Unite Genomics and the services we provide (“Services”). Your access and use of this Website and our Services are subject to the following terms and conditions (“Terms of Use” or “Agreement”). Your use of the Website and/or our Services constitutes your acceptance of our Terms of Use and your agreement to comply with and be legally bound by them. Please read these Terms of Use in their entirety.
This Terms of Use Agreement forms a legally binding agreement between you and Unite Genomics, and you should read it carefully. By downloading, accessing or using the Website or using the Services, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms of Use.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
Use of Website and Services
You may not use any part of the Website or our Services for any purpose that is unlawful or that is prohibited by our Terms of Use. You may not use the Website or our Services in any manner that: (a) is false or misleading, such as using the Credentials of another person; (b) is defamatory, derogatory, degrading or harassing of another; (c) invades another’s privacy or improperly includes, copies, transmits, or authorizes the disclosure of another’s confidential, sensitive or personal information; (d) may restrict or inhibit another’s use or enjoyment of the Website or our Services; (e) could interfere with or disable, overburden, damage, or impair the Website or our Services; (f) monitor or copy any material on the Website for any unauthorized purpose; (g) violates or infringes another’s rights; (h) you do not have the right and authority to share and grant the necessary rights and licenses for; (i) violates any applicable laws or regulations; or (j) limits or harms the functionality of Unite Genomics’ or any other person’s computer systems.
Your Account
To use our Services, you must create an account (“Account”) and keep the information in your Account (“Account Information”) accurate, complete, and up-to-date. You may create an Account at portal.unitegenomics.com/create-account and view your Account Information and make any necessary changes at any time at portal.unitegenomics.com/account-settings. In order to create your Account, you may be required to provide certain registration, identification, authentication details and other information. Your Account Information includes a user name, password, and certain other information used as a part of our security procedures (“Credentials”). You must keep your Credentials confidential and not disclose your Credentials to others. Your Account is personal to you. By creating your Account, you accept responsibility for all activities that occur under your Credentials. You must notify Unite Genomics immediately of any unauthorized access to, use or disclosure of your user name, password, or other Credentials, or of any security violation or breach of our Website’s security of which you become aware.
We have the right to disable any Account, user name, password, or other Credentials at any time that we determine, in our sole discretion, that you have violated any provision of our Terms of Use or that the security of the Website or Services requires us to do so.
Automated Features and Health Data Use
Unite Genomics may use automated systems to analyze your health data and identify potential gaps in care based on publicly available clinical guidelines. These systems may trigger messages that provide information or reminders intended to help you discuss your care with your provider. These messages are informational only and do not constitute medical advice or clinical diagnosis.
By using the Website, you are agreeing to Unite Genomics’ Privacy Policy, which is incorporated herein by reference.
Except for information that you submit through the use of the Unite Genomics Patient Portal (“Patient Portal”) and your Credentials, you should not send any confidential or proprietary information to Unite Genomics. Any information you submit other than through the Patient Portal, including but not limited to questions, comments, or suggestions, shall be deemed to be non-confidential and shall become the property of Unite Genomics. By providing that non-confidential information to us, you grant Unite Genomics an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute that non-confidential information. Unite Genomics shall be free to use any ideas, concepts, know-how or techniques contained in that non-confidential information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating that non- confidential information. You further represent that by providing non-confidential information to us, you have the rights to grant the license described above.
Your Account Information, and the information we receive from you through the Patient Portal, and any other information created or collected by Unite Genomics through this Website or any of our Services, will be subject to our Privacy Policy.
Data Retention
We retain your information for as long as your account is active or as needed to provide you with Services. If you terminate your account and request deletion, we will remove your personal information from our active systems. We may retain limited records for compliance, legal, or audit purposes in accordance with applicable law.
Limitation of Use
You may not use the Website or Services to make medical decisions or as a substitute for consultation with a qualified healthcare provider. Messages or content from Unite Genomics are informational and should not be considered medical advice or a replacement for professional medical consultation.
Copyright and Other Rights
Unite Genomics or its suppliers of Content own all copyrights to Content on the Website and all other intellectual property rights related to the Website and our Services. You may copy Content on the Website solely for your own, non-commercial use in connection with your use of Unite Genomics’ Services. No other copying of Content is permitted. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original.
Trademarks
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the “Trademarks”) displayed on the Website are protected intellectual properties that are registered and unregistered trademarks of Unite Genomics, its affiliates and others. Nothing that appears on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Website without the express, written permission of Unite Genomics or the party that may own that Trademark. Your misuse of the Trademarks is strictly prohibited.
Electronic Communications
By using the Website or sending email to us, you agree and consent to receive communications from us electronically, including by email or by posting notices on this Website. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY UNITE GENOMICS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, UNITE GENOMICS MAKES NO IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICES, OR THE CONTENT. UNITE GENOMICS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. UNITE GENOMICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
Limitation of Liability
IN NO EVENT WILL UNITE GENOMICS BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICES AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT, EVEN IF UNITE GENOMICS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USING THE WEBSITE AND THE SERVICES.
SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES.
Digital Millennium Copyright Act
Unite Genomics complies with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
If you believe that any materials on the Website have been used or copied in a way that infringes your copyright or other intellectual property rights, you may request that Unite Genomics remove those materials by providing us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the website (including the specific URL of each item in dispute, which should help us to locate the relevant content);
Your address, telephone number, and email address;
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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Designated Agent
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Taner Dagdelen
3 East Third Avenue, Suite 200 - #105
San Mateo, CA 94401
Phone: (510) 408-6842
Email: dmca@unitegenomics.com
Notice for California Users
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952- 5210. Unite Genomics may be contacted in writing at 3 East Third Avenue, Suite 200 - #105, San Mateo, CA 94401 or by telephone at (510) 408-6842.