Terms of Service

Terms of Service

 

Effective Date / Last Updated: November 18, 2022

 

These Terms of Service (“Terms”) govern your access to anduse of GenoPalate's website, mobile application ("mobile app") theonline customer portal through which you access your account, and the relatedservices (including DNA testing services, add-on Services, and any softwareapplications) (collectively, the "Services") provided byGenoPalate, Inc. (together with any and all affiliates, “GenoPalate,” “we,”“us,” or “our”).      

 

By purchasing or using the Services, or by clicking "Iagree", you (“you”) agree to be legally bound to these Terms. If you donot agree with these Terms, please do not access or use the Services.

 

We reserve the right to modify these Terms at any time. Allchanges will be effective immediately upon posting to the Services and, byaccessing or using the Services after changes are posted, you agree to thosechanges. However, with respect to material changes only, you may choose toexercise your right below to terminate your GenoPalate account if any materialchanges are not acceptable. Material changes will be conspicuously posted onthe Services or otherwise communicated to you.

 

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREETHAT DISPUTES BETWEEN YOU AND GENOPALATE WILL BE RESOLVED BY BINDINGARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT ORCLASS-WIDE ARBITRATION.



 

  1. PrivacyPolicy. We may collect, use and disclose information from orabout you, including personal information, as described in our Privacy Policy. If you do not agreeto any terms in our Privacy Policy, please do not use ourServices. If you choose to purchase and/or participate in ourServices, you understand that our Services involve DNA testing servicesthat involve the collection and use of genetic information as furtherdescribed in our Privacy Policy. 

 

  1. License;Term.

 

    1. GeneralLicense. Provided you comply withthese Terms, GenoPalate grants you a nonexclusive, non-assignable,nontransferable, non-sub licensable, revocable, limited license to accessand use the Services solely for your own personal noncommercial purposes.

 

    1. Use ofGenetic Reports and Other Results.Toexpand upon the definition listed in the first paragraph above,“Services” also includes, without limitation, all genetic and nutritionreports, individual and group consults, personalized recipes andsupplements, and other documents, reports, and materials generated orproduced as a result of your use of the Services (together, “Reports”).In addition to the general license granted above, you may download andcopy Reports provided to you by GenoPalate and share those Reports withothers, provided you do not sell or otherwise commercialize those Reportsnor modify or delete any copyright, trademark, or other proprietarynotices.

 

    1. Term. These Terms begin upon the earlier of (i) yourclicking to accept these Terms, where that option is available, or (ii)your first access to/or use of the Services (including by purchasing orregistering a DNA test kit, ordering Data testing services, submitting abiological genetic testing sample (saliva, buccal swab, blood, urine,stool, or any other cells or fluids), or filling out any questionnaire onour website or within our mobile app) and will continue in effect untilthese Terms are terminated as provided below.

 

  1. IntellectualProperty Rights. The Services, including their text, audio, video,graphics, charts, photographs, interfaces, icons, software, computer code,data, names of products and services, documentation, other components andcontent, and the design, selection, and arrangement of content, and allintellectual property rights in the foregoing (collectively, the "Content"),are exclusively the property of GenoPalate or, as applicable, itssuppliers and licensors, and are protected by copyright, trademark, andother intellectual property laws. Any reference to the Services includesthe Content.

 

As between you and GenoPalate, any research oranalyses resulting from or including your personal information, geneticmaterial, or DNA samples, is the sole and exclusive property of GenoPalate(e.g. research performed on biobanked DNA samples. See our Researchand Biobanking F.A.Q.s for moreinformation).     

 

GenoPalate and its suppliers and licensors, asapplicable, are and will remain the exclusive owners of all right, title, andinterest in and to the Services and Content, and all ideas, concepts, know-how,methodologies, and techniques related to the Services and Content, includingall patent, copyright, trademark, trade secret, and other intellectual propertyrights in or to the same, whether owned or developed by or on behalf ofGenoPalate or its suppliers or licensors, and including all modifications, enhancements,improvements, and derivative works of any of the foregoing, regardless of whencreated or by whom.

 

Nothing in these Terms grants to you any rightto use GenoPalate's or any third party's trademarks, trade names, servicemarks, logos or names. Any unauthorized use of any trademarks, tradedress, copyrighted materials, or any other intellectual property belonging toGenoPalate or any third party is strictly prohibited and may be prosecuted tothe fullest extent of the law.

 

Except as expressly stated in these Terms, nolicenses or other rights, express or implied, are granted by GenoPalate to youunder any patent, copyright, trademark, trade secret, or other intellectualproperty right of GenoPalate. The Services may contain references to third-partytrademarks and copies of third-party copyrighted materials, which are theproperty of their respective owners.

 

  1. Restrictionson Your Use of the Services.

 

    1. You willnot copy, reproduce, display, duplicate, sell, publish, post, license,rent, lease, loan, rent, transmit, otherwise distribute, modify,translate, adapt, disassemble, decompile, manipulate, reconfigure,reverse-engineer, discover the source code of, or create derivative worksof the Services or any part of the Services (including any Reports)without GenoPalate’s prior written consent.

 

    1. You willnot obscure, modify, alter, remove, or delete any copyright, trademark,proprietary, or intellectual property notices, markings, or designationsin or on the Services or any Reports.

 

    1. You willnot use the Services if you are under the age of majority in your placeof residence (typically 18 or 19 years old).

 

    1. You willnot use the Services for unlawful purposes. You are responsible forcomplying with all applicable laws and regulations, including allapplicable rules regarding online conduct.

 

    1. You willnot use the Services in a manner that infringes, violates, ormisappropriates GenoPalate’s or any third party’s rights, includingpatent, copyright, trademark, trade secret, other intellectual propertyrights, and privacy rights.

 

    1. You willnot submit inaccurate, incomplete, or out-of-date information via theServices (including misrepresenting your medical history, food allergies,or other attributes), commit fraud or falsify information in connectionwith your use of the Services, act maliciously against the businessinterests or reputation of GenoPalate, submit any information or contentthat you do not have permission to provide to GenoPalate, or submit orpost anything to the Services that is fraudulent, libelous, obscene,pornographic, indecent, violent, offensive, hate speech, harassing,threatening, defamatory, harms another person or invades the privacyof another.

 

    1. You willnot use the Services to develop, create, produce, enhance, or add to anydatabase. You will not develop, assist in developing, or have developedon behalf of yourself or any other person any software, technology, orservices that compete with or are substantially similar to the Services.You will not access, use, or analyze the Services for any purpose that isto GenoPalate’s detriment or commercial disadvantage. You will not usethe Services as part of any effort to compete with GenoPalate or toprovide services as a service bureau.

 

    1. You willnot impersonate or attempt to impersonate any other person. You will notcreate an account for any person or order Services for any person other thanyourself without that other person’s permission. You will not sell orotherwise transfer your GenoPalate account.

 

    1. You willnot access, use, or copy any portion of the Services, including any ofits content, through the use of indexing agents, spiders, scrapers, bots,web crawlers, or other automated devices or mechanisms. You will notengage in data mining or similar data gathering or extraction activitiesor retrieve data or other content from the Services for purposes ofcreating or compiling that content for any purpose other than yourauthorized use of the Services as permitted by these Terms.

 

    1. You willnot use the Services to post, transmit, input, upload, or otherwiseprovide any information or material that contains any viruses, worms,Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware,adware, or other harmful computer code or programming routines, includingthose designed to or that reasonably may disable, damage, impair,interfere with, surreptitiously intercept, or expropriate the Services orany computers, hardware, software, system, data, or networks.

 

    1. You willnot engage in activities that aim to render the Services or associatedservices inoperable or to make their use more difficult.

 

  1. DNATesting Services. Please review the following paragraphs carefullybefore you decide to use our DNA testing services.

 

    1. How ItWorks. Each genetic samplecollection kit (DNA, blood or any other sample) is sent with its ownunique product key code that allows the recipient to create an onlineaccount. After you purchase the desired kit through our website, we willsend you an email asking you to create an account and register your kitonline. If another person has purchased any kit test for you, you mustobtain the product key code sent to the purchaser in order to create yourGenoPalate account and to register the DNA test kit on our website. Ifyou have previously worked with another DNA testing company, you canpurchase a DNA data upload from us, in which case you do not need a DNAtest kit, nor do you need to provide us with a biological sample. Afteryou purchase a DNA data upload, please ask the applicable third-party DNAtesting company for your raw genetic data. That DNA data will need to beuploaded through your GenoPalate account in .txt format. We will not beable to generate Reports unless you (i) provide a genetic sample to us or(ii) upload .txt file of your DNA data.

 

    1. Permissionfor DNA Test Services. Yougive permission to GenoPalate, its contractors, successors and assigneesto perform the DNA test services from the genetic (saliva, buccal swab,blood, urine, stool, or any other cells or fluids) sample you submit anddisclose the analyses performed on your DNA to you and to others youspecifically authorize.

 

    1. DNA Datafrom Third Parties. Anyagreement between you and any third party for the provision of or withregard to DNA data from that third party to GenoPalate is solely betweenyou and that third party. GenoPalate is not responsible for any thirdparties or their practices.

 

    1. YourWarranties. You warrant that you arein compliance with and will comply with all laws and regulationsapplicable to your receipt or use of DNA testing services. You warrantthat any genetic sample you provide is in fact your own saliva and doesnot contain a sample from any other person. You warrant that you areusing the DNA testing services solely for your own personal informationalpurposes. You warrant that you are not an insurance company or employerattempting to obtain information about an insured person oremployee. You warrant that you will not use the DNA test servicesfor paternity testing. You warrant that you will not resell the DNA testservices or related kits we provide.

 

    1. GeneticSamples Cannot Be Returned. Onceyou deposit your genetic sample in the mail, it cannot and will not bereturned to you. Genetic samples will be analyzed by the applicablethird-party laboratory. We cannot comply with any requests to cancelanalyses once the samples have been deposited in the mail.

 

    1. Analyses ofOther Persons’ Samples. Ifyou submit the personal information of any person other than yourself inusing the Services, including if you purchase a DNA test kit or arrangefor DNA testing services for another person, you warrant that you havethat person’s permission—or the written permission of that person’slegally authorized representative, as applicable—to provide us with thatinformation. The legally authorized representative, as applicable,assumes full responsibility for ensuring that the information that he/sheprovides to GenoPalate is kept secure and that the information submittedis accurate. The Services are only intended for adults who are the age ofmajority in their state of residence (typically this is 18 or 19 years ofage). You should not submit any samples belonging to a person under theage of majority.

 

    1. ResultsLimited to Current Knowledge. DNAtesting results are generated using the genetic knowledge then being usedby GenoPalate to provide our DNA testing services. Future knowledge orresearch may reveal previous knowledge (and therefore DNA testingresults, Reports, or their conclusions) to have been inaccurate orincomplete.

 

    1. Nature ofResults. DNA testing results arefor the subject’s own informational and descriptive purposes only. DNAtesting services results should not be used for diagnostic or medicalpurposes. GenoPalate does not warrant or endorse any specific or generalactions or inactions that may be taken (or not taken) in response to theresults of our DNA testing services.

 

    1. Consult aHealth Care Professional. Ifyou have questions about or would like to discuss or learn more about theresults of our DNA testing services, please consult your nutritionist,dietitian, geneticist, physician, or other medical or health careprofessional. You should consult a medical or health care professionalbefore acting on or making decisions in response to any results of ourDNA testing services.

 

    1. SharingResults. If you decide to shareReports or other results of our DNA testing services with anyone(including medical or health care professionals), we cannot and do notcontrol how those persons will use or disclose that information. You,alone, are responsible for how and with whom you share the results of ourDNA testing services.

 

    1. Add-OnServices. If you have received DNAtesting services from GenoPalate you may be eligible for various add-onservices, which are a type of Service. Add-on Services may includeServices such as personalized recipes, personalized grocery shoppinglists, customized recipes, coaching services and more. You will not beable to receive add-on Services unless you have also received our DNAtesting services. Some of these add-on Services may come at anadditional cost and/or require you to provide additional information,including personal information, which will be treated as set forth inour Privacy Policy. 

 

    1. Biobanking. You have the option to separately consent to biobankyour DNA sample with GenoPalate. "Biobanking" means thatGenoPalate and its third-party genotyping laboratory will store your DNAsample and related personal information for up to 10 years and use suchinformation to perform additional research and analyses. Biobanking is aseparate, additional Service from the Services purchased by you regardinganalysis of your genetic information to provide you Reports about eatingfor your genes.   

 

We only biobank your DNA sample andrelated personal information if you have signed our "Consent toBiobanking" form found inside of your GenoPalate account. You maywithdraw your consent to biobanking at any time by emailing research@genopalate.com. Thereis no penalty for withdrawing your consent. To learn more about how we useyour bio banked DNA, please see our Privacy Policy.

 

Biobanking is provided at no cost toyou. If you consent to biobanking, GenoPalate has no obligation to provideyou with any additional information, research or analyses results, or anyadditional services. If you consent to biobanking, you understand and agreethat GenoPalate and certain third parties may use and store your DNA sample andrelated personal information (in compliance with our Privacy Policy) without further compensationor attribution to you.

 

Biobanking is further described in our F.A.Q.swhich can be found here. The biobanking F.A.Q.s areincorporated into and part of these Terms. 

 

    1. NoCompensation. You understand that youare not entitled to any payment or other compensation or financialbenefit of any kind from GenoPalate or any third party as a result of orin connection with our Services, including our use of DNA testing resultsor our use of your data, including personal information, that you providein order to receive Services, including add-on Services and biobanking.

 

    1. No License;No Ownership. Except for your limitedright to download, copy, and share Reports as described at Section 2above, you do not obtain any license, ownership, or other right, title,or interest, express or implied, in or to any results of our Services orany products or services that may be developed or improved upon usinginformation resulting from our Services (including any patent, copyright,trademark, trade secret, or other intellectual property rights in or tothe same).

 

  1. Termsof Sale.

 

    1. Payment. Purchases made using the Services must be made bycredit or debit card. Information about our collection and use of payment-relatedinformation is described in our Privacy Policy. If the credit or debitcard information that you submit is incorrect or invalid, your paymentwill not be processed. We have no responsibility or liability if yourcredit or debit card is declined by your financial institution. Paymentsare processed by our PCI-compliant third-party payment processor.Refunds, if available, are the responsibility of GenoPalate and are atGenoPalate’s sole discretion.

 

    1. Shippingand Handling; Taxes. Unlessotherwise noted at the point of sale, shipping and handling fees for DNAtesting kits will be charged separately and are your responsibility.GenoPalate charges you for sales, use, and other taxes for products andservices ordered through our website or mobile app to the extent requiredby law. GenoPalate will not ship any orders outside of the continentalUnited States.

 

    1. OrderAcceptance. Nothing on our websiteor mobile app constitutes an offer, but an invitation to you to make anoffer to purchase DNA test kits, DNA data uploads, or other products orservices through our website or mobile app. All orders are subject toacceptance by GenoPalate. In addition, there may be certain orders thatwe cannot accept or must cancel. We reserve the right, in our solediscretion and without liability, to reject or cancel any order not yetshipped for any reason, including the following: limitations onquantities available for purchase; inaccuracies or errors in productdescriptions, images, or pricing information; and problems identified bycredit and fraud avoidance services. We may also require verifications,approvals, or other information before considering acceptance of anyorder. We will contact you if all or any portion of your order isrejected or canceled or if additional information is required to acceptyour order. An order is deemed accepted when GenoPalate ships theproducts ordered (where applicable).

 

    1. Errors inSample Processing. Ifthe volume of your saliva/blood/urine sample is too low, if your sampledoes not contain sufficient DNA material, or if the sample you providecontains other issues or errors, the third-party laboratory may not beable to analyze or process your sample. In this event, GenoPalate willsend you a replacement DNA test kit for reprocessing at no additionalcharge to you. If the third-party laboratory is unable to analyze orprocess your second sample, GenoPalate will either refund to thepurchaser the original amount paid for the DNA test kit (excludingshipping and handling) or will offer to send you a second replacement DNAtest kit at no additional charge. If you choose to and do provide a thirdsample but the third-party laboratory is again unable to analyze orprocess your sample, GenoPalate will refund to the purchaser the originalamount paid for the DNA test kit (excluding shipping and handling). If weissue the purchaser of a DNA test kit a refund under this subsection, youagree to not submit another sample to GenoPalate without our priorwritten consent; regardless, if you submit another sample to GenoPalatein the future, we will not be responsible for analyzing or processingthat sample.

 

    1. Errors inDNA Data. If any DNA data youprovide is corrupted, incomplete, or contains other issues or errors,GenoPalate may not be able to analyze that DNA data. In this event,GenoPalate will refund to the purchaser the original amount paid for theDNA data upload. In such an event, we recommend that you instead purchasea DNA test kit from GenoPalate.

 

  1. YourAccount. While you may purchase DNA test kits, DNA datauploads, and other products and services through our website or mobile appas a guest, you will be required to set up an online GenoPalate account inorder to receive DNA testing services from GenoPalate. You also will berequired to set-up an account with GenoPalate in order to access ourmobile app or to use add-on Services through your Account. You will be requiredto submit certain information in order to create your account, includingpersonal information, and will be required to establish a username andpassword. You may also provide additional personal information requestedin the Services, at your option. Certain add-on Services may not beavailable to you if certain information, including personal information,is not provided. You are responsible for maintaining the confidentialityof any information you use in connection with the Services, including yourusername and password. You are responsible for all activity on youraccount. You agree to maintain true, accurate and current accountinformation and to promptly update your account to keep it true, accurateand current. If you believe someone else has accessed your account,please change your password and notify us immediately at privacy@genopalate.com.

 

You agree that by signing into your account,including by using the mobile app, we may display your genetic and relatednutrition results, and related recommendations, food logging, grocery lists andother add-on Services to you. These displays may include genetic variants,genotypes and related gene information, as well as information related to howyour logged activity compares to recommendations made by the Services.

 

  1. Suspension and Termination. GenoPalatemay, for any reason and in its sole discretion, suspend or terminate yourGenoPalate account or your access to or use of the Services, and mayterminate these Terms, without notice or liability, including if youbreach these Terms or if we suspect you have breached these Terms; uponany unauthorized use of your username or password; if you act in anabusive manner; if you act in a manner inconsistent with applicable lawsor regulations; if required by law; or if it becomes no longercommercially viable to provide the Services. If we suspend or terminateyour account, you will not create another account without our priorwritten permission. You may terminate your GenoPalate account and theseTerms if any material changes to these Terms are not acceptable to you bycontacting us at hello@genopalate.com, but thattermination will not entitle you to a refund of any fees you have paid.Upon any termination of your account or these Terms you must immediatelystop accessing and using the Services. To terminate your mobile appaccount, you must completely delete and uninstall the mobile app from yourmobile device. You understand that upon termination of your accountwe may retain your data and other Personal Information as described inour Privacy Policy. 

 

We also maintain the right to filter, remove,modify, refuse to display or delete any content that you submit to the Servicesin order to comply with applicable laws or if we believe such content is contraryto the visions and purpose of GenoPalate. 

 

  1. Availabilityof Products and Services; Right to Modify the Services. Theprices and availability of products and services, including DNA testingservices, add-on Services, and biobanking mentioned on or madeavailable through our website or mobile app may change at any time withoutnotice to you and without liability. GenoPalate reserves the right, forany reason and at any time and without notice or liability to you, tomodify or cease offering any Services, including without limitation themobile app. Prices remain valid while they are listed and offered on ourwebsite or mobile app. Prices will be as posted on our website or mobileapp as of the date and time of your order, as applicable. GenoPalate is notresponsible for any pricing or typographical errors on our website orinour mobile app. Availability of products and services may be limited andproducts may not be available for immediate delivery.

 

  1. Monitoringthe Services. You understandand agreethat GenoPalate may monitor the use of the Services, at anytime, includingbut not limited your account and the mobile app.

 

  1. SocialMedia. Links to GenoPalate'ssocial media pages (e.g., Facebook, Instagram, Twitter, and LinkedIn) areincluded on the website and mobile app (“Social Media Pages”). Becauseanyone may post or tag on Social Media Pages, posts do not necessarilyreflect GenoPalate's views. We will treat all information posted toour Social Media pages as non-confidential. We reserve the right toremove anything from our Social Media Pages, in our solediscretion. We may also take steps to block users from access to ourSocial Media Pages who violate these Terms. If we follow, like,re-tweet, favorite, share, or re-post an individual’s content on ourSocial Media Pages, we are not endorsing that third party or any product,service or company they represent.  

 

  1. NOWARRANTY. THE SERVICES ARE PROVIDED “AS IS,” “ASAVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. GENOPALATE DOES NOTWARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS,TIMELINESS, OR AVAILABILITY OF THE SERVICES. GENOPALATE DOES NOT WARRANTOR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THATANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THESERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCONDITIONS OR COMPONENTS. GENOPALATE IS NOT RESPONSIBLE FOR ANYTYPOGRAPHICAL ERRORS ON THE SERVICES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, GENOPALATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TOTHE SERVICES, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY,QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE,COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, ANDNON-INFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSEOF DEALING OR USAGE IN TRADE. GENOPALATE HAS NO RESPONSIBILITY FOR THETIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY DATA OR USERCOMMUNICATION. WE ARE NOT RESPONSIBLE FOR ANY VIRUS OR OTHER MALWARE THATMAY INFECT YOUR DEVICE FROM OUR SERVICES, OR ANY DAMAGES CAUSED FROM SUCH VIRUSOR MALWARE. 

 

GENOPALATE DOES NOT PROVIDE MEDICAL SERVICES ANDTHE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICALADVICE, DIAGNOSIS, OR TREATMENT.

 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAYBE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OFTELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONICCOMMUNICATIONS. GENOPALATE IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES,DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS ORANY OTHER PROBLEMS OUTSIDE OF GENOPALATE’S REASONABLE AND DIRECT CONTROL.

 

WE MAKE NO REPRESENTATION THAT THE SERVICES AREAPPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IFYOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITEDSTATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITHAPPLICABLE LAWS AND REGULATIONS.

 

YOUR USE OF THE SERVICES (INCLUDING ALL REPORTS)IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOURCOMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND ANY OTHERDAMAGE THAT MAY BE INCURRED.

 

NO INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOUFROM GENOPALATE OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.

 

  1. LIMITATIONOF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, IN NO EVENT WILL GENOPALATE, ITS AFFILIATES, OR ITS OR THEIRRESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS,REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “GENOPALATEPARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS ORDAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ORYOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES(INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATIONINTO THE SERVICES AND ANY ACTIONS YOU TAKE AS A RESULT OF USING THESERVICES), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AGENOPALATE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS ORDAMAGE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOPACCESSING AND USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENTWILL THE GENOPALATE PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDYFAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONSMAY NOT APPLY TO YOU.

 

  1. Indemnification. Youwill indemnify, defend, and hold harmless the GenoPalate Parties from andagainst all losses, claims, liabilities, demands, complaints, actions,damages, judgments, settlements, fines, penalties, expenses, and costs(including reasonable attorneys’ fees) that arise out of or in connectionwith (a) your access to or receipt or use of the Services (including DNAtest kits); (b) your misuse of or reliance on any material, data, or otherdocumentation or information downloaded or otherwise obtained from theServices, including Reports; (c) your submission of information (includingpersonal information) using or in connection with the Services; (d) yourviolation of or noncompliance with applicable laws or regulations; (e) useof the Services for unlawful purposes; (f) your violation of any thirdparty’s rights; (g) your negligence, willful misconduct, other tortiousacts or omissions, or fraud; or (h) your breach of these Terms. Wereserve, and you grant to us, the exclusive right to assume the defenseand control of any matter subject to indemnification by you.

 

  1. Sweepstakes,Promotions & Contests. We may offer sweepstakes, promotions or contests thatyou may participate in at your option. Sweepstakes, promotions andcontests may be subject to additional terms and conditions which will bepresented to you at such time.

 

  1. Feedback/Stories. GenoPalateis the exclusive owner of and you hereby irrevocably assign to GenoPalateat no cost all right, title, and interest (including all intellectualproperty rights) in and to all feedback pertaining to the Services thatyou may provide, including suggestions, enhancements, recommendations, andcomments. You understand that feedback may be used by or on behalf ofGenoPalate for any purpose but that GenoPalate is not required to use anyfeedback.

    

Furthermore, if you submit your story to us onthe "Stories" page of our website, you agree to only provideaccurate, complete information that you have a right to provide. You grant toGenoPalate a worldwide, nonexclusive, transferable, perpetual, sublicense ableright and license to post your story and any photo that you send to us relatingto the story on our website, and otherwise use such information for ourbusiness purposes. You understand that any story and related information yousend to us may become public information and will not be treated confidentially(although we will not post your last name on the website). We have noobligation to review or use any story that you send to us. While GenoPalatemakes commercially reasonable efforts to only post true, accurate informationon its website, GenoPalate relies on the users who send us their stories toprovide true and accurate information. Therefore, GenoPalate makes no warrantyof truth or accuracy.

 

Any feedback or stories may be used by GenoPalatewithout attribution or compensation to you.

 

  1. InjunctiveRelief. Your violation of GenoPalate’s intellectualproperty rights would cause irreparable harm to GenoPalate and monetarydamages would be insufficient to remedy that harm. Accordingly, in the eventof an actual or threatened violation of our intellectual property rights,we will be entitled to injunctive relief, without the need to post bond,prove damages, or meet any similar requirement, as well as any otherremedies available at law or at equity.

 

  1. Third-PartyWebsites and Services.The Services may link to, or be linked to, websites, applications andservices not maintained or controlled by GenoPalate. Those links areprovided as a convenience and GenoPalate is not responsible for examiningor evaluating the content or accuracy of, and does not warrant or endorse,any third-party websites, applications or services or any products orservices made available through those websites, applications or services.Please take care when leaving the Services to visit a third-party website,application or service. You should read the terms of use and privacypolicy for each website, application and service that you use. 

 

  1. Linkingto the Website. Youmay not link to our website without our prior written consent. Youare responsible for all costs we incur enforcing this clause. 

 

  1. BetaTesting New Services. Wemay provide you the option to beta-test certain new add-on Services. Inthe event you agree to participate in any beta-testing of new add-onServices, additional terms and conditions may apply, in addition to theseTerms, which will be made available to you at the time you agree toparticipate in such beta-testing.

 

  1. GoverningLaw. These Terms are governed by the laws of the stateof Wisconsin, without regard for its conflict of law principles. TheUniform Computer Information Transactions Act or any version there ofadopted by any state in any form does not apply to these Terms. Venue isexclusively in the state or federal courts, as applicable, located inMilwaukee County, Wisconsin, with respect to any dispute arising underthese Terms unless otherwise determined by GenoPalate in its solediscretion. The parties expressly agree to the exclusive jurisdiction ofthose courts.

 

  1. ArbitrationAgreement; ClassWaiver; Waiver of Trial by Jury. Pleaseread the following paragraphs carefully because they require you toarbitrate disputes with GenoPalate and limit the manner in which you canseek relief from us.

 

    1. Applicability. Any dispute, claim, or controversy arising outof or relating to the Services or these Terms, including the breach,termination, enforcement, interpretation, or validity of these Terms(together, “Disputes”), will be resolved by binding arbitration onan individual basis as described in these Terms (this “ArbitrationAgreement”). In the event of any actual, alleged, or threatenedviolation of confidentiality or violation of GenoPalate’s intellectualproperty or other proprietary rights, GenoPalate may immediately resortto court proceedings in a court of competent jurisdiction in order toseek immediate injunctive relief without posting bond, proving damages,or meeting any similar requirement. Any institution of any action for injunctiverelief will not constitute a waiver of the right or obligation of eitherparty to submit any claim seeking relief other than injunctive relief toarbitration. This Arbitration Agreement applies to you; GenoPalateParties; their respective predecessors in interest, successors ininterest, and assigns; authorized and unauthorized users or beneficiariesof the Services; and any third-party beneficiaries.

 

    1. Arbitrator. Arbitration proceedings will be administered byJAMS/Endispute (“JAMS”) before an arbitrator selected pursuant tothe JAMS rules. The decision of the arbitrator will be final and binding.Any final award or judgment may be filed and enforced in any court ofcompetent jurisdiction. Each party will bear its own expenses and fees,including without limitation its own attorneys’ fees and costs, arisingfrom arbitration, unless the arbitrator determines that your claims wereimproper or frivolous, in which case the arbitrator may require you toreimburse the GenoPalate Parties for certain fees and expenses inaccordance with the JAMS rules. Any arbitration proceeding may not beconsolidated or joined with any other proceeding and will not proceed asa class action. The parties understand that they would have had aright or opportunity to litigate Disputes through a court, to have ajudge or jury decide their case, and to participate in a class action orother proceeding involving multiple claimants, but they have insteadchosen to have all Disputes decided through individual arbitration.

 

    1. Place; FederalArbitration Act. Theplace of arbitration will be Milwaukee, Wisconsin, unless otherwiseagreed to in writing by all parties to the arbitration. This ArbitrationAgreement evidences a transaction involving interstate commerce and theFederal Arbitration Act, 9 U.S.C. Sections 1-16, will govern theinterpretation, enforcement, and proceedings pursuant to this ArbitrationAgreement.

 

    1. Confidentiality. Any and all actions taken under this ArbitrationAgreement, including all filings, orders, judgments, and awards made inany arbitration proceeding, are confidential and may not be disclosed toany third party.

 

    1. TimeLimitation on Claims. Arbitrationproceedings must be initiated within one year after any Dispute arises;otherwise, the Dispute is permanently barred.

 

  1. Assignment. Youmay not assign these Terms or any of its rights or obligations under theseTerms, in whole or in part, without GenoPalate’s prior written consent.Any attempted assignment by you in violation of this section will be void.GenoPalate may assign these Terms or any of its rights or obligationsunder these Terms, in whole or in part, without obtaining your consent.These Terms are binding upon and inures to the benefit of GenoPalate’ssuccessors and assigns.

 

  1. Third-PartyBeneficiaries. These Terms do not confer any rights, remedies,or benefits upon any person other than you and GenoPalate, except that ouraffiliates, our mobile app store providers (e.g. Google and Apple), andShopify, Inc., our website hosting services provider, are third-partybeneficiaries of these Terms.

 

  1. ForceMajeure. GenoPalate will not be liable to you for anydelay or other failure to perform under these Terms that is due to causesbeyond GenoPalate’s control, including without limitation acts of God,actions of government, acts of a public enemy, terrorist threats or acts,civil disorders or disturbances, strikes or other labor disputes, fires,floods, earthquakes, blizzards, other acts of nature, explosions, nationalemergencies, power, telecommunications, Internet, satellite, and networkoutages or failures, and similar causes and events.

 

  1. Relationshipof the Parties. GenoPalate is an independent contractor. TheseTerms do not create any employment, agency, partnership, or joint venturerelationship between the parties.

 

  1. Notice. Allnotices, consents, and other communications permitted or required to begiven under these Terms must be in writing and addressed to the recipientas provided in this section and will be deemed validly given upon deliveryif personally delivered with fees prepaid, including by a recognizedcourier service; upon receipt if delivered by certified or registeredUnited States mail, postage prepaid and return receipt requested, asindicated by the date on the signed receipt; or on the date the email issent if via email, provided a hard copy is also provided. Where GenoPalateis the recipient, communications must be sent to GenoPalate, Inc., 10437W. Innovation Drive, Suite 518, Milwaukee, Wisconsin 53226, with a copyto hello@genopalate.com.Where you are the recipient, communications must besent to any address onfile with GenoPalate.

 

  1. EntireAgreement; Interpretation. These Terms, our Privacy Policy, theBiobanking F.A.Q.s, the Consent to Biobanking form foundinside of your GenoPalate account, and any additional terms we have postedthroughout the Services, are the entire agreement between you andGenoPalate with respect to your access to and use of the Services andsupersede all previous agreements and understandings, whether oral orwritten, between you and GenoPalate with respect to the Services. In theevent of conflict or inconsistency, the documents govern in the orderlisted here: the Consent to Biobanking form, the Privacy Policy, any terms posed on ourwebsite, and the Terms.

 

GenoPalate’s failure to enforce any provision ofthese Terms will not constitute a waiver of that provision or any otherprovision. Any waiver of any provision of these Terms will be effective only ifin writing and signed by GenoPalate. If any provision of these Terms is heldinvalid, void, or unenforceable, that provision will be severed from theremaining provisions and the remaining provisions will remain in full force andeffect. The headings in these Terms are for convenience only and do not affectthe interpretation of these Terms.

 

  1. Survival. Anyprovisions of these Terms that are intended to survive termination(including any provisions regarding indemnification, limitation of ourliability, our intellectual property rights, or dispute resolution) willcontinue in effect beyond any termination of these Terms or of your accessto or use of the Services.

 

  1. NewJersey Consumers. To the extent required by New Jersey state law, noprovision in these Terms shall apply to any consumer in New Jersey if theprovision limits remedies for (i) negligence, (ii) products liabilityclaims, (iii) the punitive damages laws, (iv) the New Jersey UniformCommercial Code, or (v) failure to reasonably protect against harm arisingfrom certain criminal acts of third parties (e.g., computer hacking andidentity theft). The provisions of these Terms concerning the exclusion orlimitation of certain damages are not applicable in New Jersey withrespect to statutory damages, punitive damages, loss of data, and loss ofor damage to property, to the extent required by New Jersey statelaw. GenoPalate reserves all rights, defenses and permissiblelimitations under the laws of New Jersey and under the laws of your stateof residence.

 

  1. CaliforniaUsers. Under California Civil Code Section 1789.3, Californiausers of the Services receive the following specific consumer rightsnotice: The Complaint Assistance Unit of the Division of Consumer Servicesof the California Department of Consumer Affairs may be contacted inwriting at 1020 N Street, #501, Sacramento, California 95814, or bytelephone at 1-916-445-1254.

  2. Supplements.
    1. Subscriptions,Auto-Renewal, and Cancellations 

  3. Subscriptions.
    1. Forsubscription services and automatic and recurring payments, you maymanage all your delivery and scheduling in your online GenoPalateAccount. You will be able to view and change your subscription details inyour online Account, or you can reach out to our support team athello@genopalate.com. 

  4. Auto-Renewal.
    1. GenoPalateprovides an automatic recurring subscription service for the supplementspurchased through our site. If you choose to enroll in the subscriptionservice, approximately every 3 months, you will receive apackage from GenoPalate containing a90-day supply of thesupplements in your subscription. Your subscription will automaticallyrenew, and you will continue to be charged on a recurring cycle until youcancel the service. 
    2. Paymentsmust be made using a credit card or debit card. Each shipment will becharged to the Payment Method that was provided during the initialsign-up of the subscription service or provided by you. You authorizeGenoPalate or the third-party payment processor to store your PaymentMethod and to automatically charge your Payment Method on a recurringcycle without notice until you cancel. If the primary Payment Methodassociated with your Account fails or cannot be charged, you authorizeGenoPalate or its third-party payment processor to charge any otherPayment Method provided with your Account or to contact you to updateyour Payment Method. If you have not provided an alternative PaymentMethod and fail to update your Payment Method and provide payment, or ifall Payment Methods associated with your Account fail, you will notreceive your order.
    3. Yoursubscription will be automatically renewed until you cancel or makemodifications in your Account. To cancel, please visit your onlineAccount or email us at hello@genopalate.com.

  5. Cancellations.
    1. Please noteyou must cancel your subscription at least 72 hours priorto your next payment date. If you request to cancel anytime after therequired timeframe, your payment will be non-refundable. If you do notcancel your subscription in accordance with our terms and conditions, wewill not be able to provide you with a refund or credit. Subscriptioncancellations that do not comply with our policy will not be refunded orcredited under any given circumstances. 

 

  1. Contact Us. Please direct any questions and concerns regardingthese Terms or the Services to us by email at hello@genopalate.com,by telephone at 833-328-4436, or by mail at GenoPalate, Inc.; Attn: LegalDepartment; GenoPalate Inc, 10437 W Innovation Dr., Suite 518,Milwaukee,WI 53226.