Terms of Service
Terms of ServiceThese Terms and Conditions (the "Terms") set forth the mutual agreement as to your rights and
responsibilities when you use Green Genomix’s (herein referred to
as "the Company", "we", "us", or "our") websites, products, software,
and services as accessed from time to time by the user (the
"Services"). Except as specified herein, these Terms apply to any use of the Services, including but
not limited to: a) submitting a saliva sample for DNA extraction and processing, b) uploading a
digital version of certain information regarding your genotype generated through processing of your
saliva by Green Genomix or by its contractors, successors, and assignees; or otherwise processed by
and/or given to Green Genomix and interacting with it on the Green Genomix website. By using any of
the Services you are agreeing to these Terms. Please read these documents carefully – they contain
important information about your rights and your responsibilities when you use the Services.
Users of the Services may include unregistered guests, free registered guests, paid subscribers, and people who purchase and/or activate a DNA kit ("Users"). No individual may use the Services provided by Green Genomix and no individual may accept the Terms if that person is not of legal age to form a binding contract with Green Genomix and/or is in any way legally prohibited from using the Services. You must be at least eighteen (18) years old to purchase or activate a DNA Kit. Additionally, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these Terms on behalf of yourself or those for whom you have legal authority to agree.
2. Use of the Services
By using the Services, you agree to, acknowledge, and represent as follows:
- You understand that the Services are intended to provide genetic and related reports for your informational, recreational, educational and research use. You understand that the Services are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information and that Green Genomix does not provide medical services. Green Genomix does not take responsibility for any issues that may arise from your use or consumption of the suggested cannabinoid compounds. We recommend that you consult with a medical professional before using any suggested cannabinoid compounds. You acknowledge that Green Genomix urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information;
- You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information;
- You will not send us your saliva sample if you have reason to believe you have an active infectious disease;
- You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person;
- You give permission to Green Genomix, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request that we disclose the results of analyses performed on your DNA to you and to others you specifically authorize;
- You represent that you will comply with all applicable laws in regards to your use of the Services;
- You warrant that you are not an insurance company or employer attempting to obtain information about an insured person or an employee;
- You understand and acknowledge that we may offer you the opportunity to purchase services from companies other than Green Genomix. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. You acknowledge that Green Genomix will have no responsibility related to any such third-party services;
- You will not resell the Services or reproduce or publish any content or information found on the Services, except as explicitly described in these Terms;
- You will not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In the case of a breach of any one of these representations Green Genomix has the right to suspend or terminate your account and refuse any and all current or future use of the Services. You further agree to indemnify and hold harmless Green Genomix and its affiliates against any liability, costs, or damages arising out of the breach of the representation;
- You are responsible for all usage and activity on the Services made via your account; and
- You will contact us if you suspect your account has been breached or used without your authorization.
- Provide your saliva sample and DNA to other companies that help us provide the Services, such as laboratories;
- Extract your DNA from your saliva;
- Perform genetic tests in the United States (or, in the future, in other countries) on the resulting DNA using test methods available now or developed in the future;
- Compare your DNA results with other DNA data in the Green Genomix database to provide the Services, including matching you to others in our database with whom you share DNA;
- Disclose to you, and others that you authorize, the results of the tests performed;
- Store your saliva and any extracted DNA in the United States or destroy any remaining saliva or DNA sample after your sample has been processed; in any case, once submitted to us, your saliva and DNA sample cannot be returned to you;
- Allow certain of our laboratory partners to use a portion of activated or unactivated saliva samples to calibrate or validate instruments, equipment, or laboratory methods used in providing DNA Services; and
- If you choose to download a copy of your raw DNA data, you are responsible for storing, securing and protecting that downloaded data. While we protect your information in our web and data systems, once you download the raw DNA data, that copy will not be protected by our security measures. Your raw DNA data is for your personal use only and should not be used for medical, diagnostic or paternity testing purposes.
3. Account Registration, Termination, and Renewal
When using the Services the User agrees to provide true, accurate, current, and complete information as prompted by the Service for the purposes of registration and to maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Green Genomix has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from Green Genomix.
After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access our website through your username and password, you will defend and indemnify Green Genomix and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms. In such cases, the User will not be entitled to a refund of subscription fees or the purchase price of a DNA kit.
4. Content Used in Connection with the Services
You acknowledge that all content generated by the User ("User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Green Genomix, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the content presented to you as part of the Services, whether original Green Genomix content or sponsored content within the Services, (the "Green Genomix Content") is protected by copyright and/or other intellectual property rights that are owned by us and/or the sponsors who provide that content to Green Genomix (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the this content (either in whole or in part).
5. Proprietary Rights of the User
Green Genomix does not claim ownership of any User Content you provide to us or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you afford Green Genomix and its affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services.
Disclosure of individual-level Genetic Information to third parties will not occur without explicit consent, unless required by law. Any Genetic Information that the User chooses to share publicly is the responsibility of the User to protect.
To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Green Genomix Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the Green Genomix Content or Services, or (d) that the Green Genomix Content or Services will be free from viruses or other harmful components.
We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes.
8. Limitation on Liability
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.
You agree that you will indemnify and hold Green Genomix, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney's fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to your User Content, including a claim that your User Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release us from all claims, demands, actions, or suits in connection with your User Content, including any liability related to our use or non-use of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
10. Controlling Law
The laws of the State of Colorado and as applicable, those of the United States of America, govern these Terms and the use of the Services. Any and all claims brought will be subject to the jurisdiction of the courts of the State of Colorado.
11. Dispute Resolution
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boulder, Colorado, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Green Genomix regarding your use of the Services and supersede any prior agreements we may have relating to the Services.
Changes to the Services: We may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.
Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Green Genomix, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Acquisitions: If Green Genomix or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Green Genomix has the right to share your Personal Information and User Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.
Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.
No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.
This document was last updated on January 16, 2019. Click here to read the previous version.