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Genetics Adviser Terms 

Terms of use and Copyright Policy

GENETICS ADVISER INC. (“GAI” or “We”) maintains the Content found and published at https://www.geneticsadviser.com/ and https://www.mygeneticsadviser.com and such other locations on the internet as made available from time to time by us (the “Website”) as a service to you. Our business activities include but are not limited to genetic testing education, counselling, consent and result disclosure and management (collectively, the “Genetics Services”). 

 

PLEASE READ THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND COPYRIGHT POLICY (THE “AGREEMENT”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. By browsing, reviewing information, obtaining any media or document, directly or indirectly, from the Website, creating an account on the Website or engaging in any Interaction with us (collectively the “Services”), you are agreeing to comply with and be bound by this Agreement. If you are not willing to be bound by each and every term or condition of this Agreement, you should not browse, create an account, review or contribute information or obtain any media or documents from the Website.

 

Definitions

“Content” means the text, software, scripts, data feeds, media players, ad scripts, graphics, photos, sounds, music, videos, audiovisual combinations, advertisements, interactive features and other materials that you may view on, access through, or contribute to the Website or via any Interaction including but not limited to links to third party websites and applications

 

“Information Technology” means telecommunications technology and information technologies such as video conference, telephone and instant messaging

 

“Interactions” means any communication between you and our representatives (unless specifically excluded herein) whether via the Website, facsimile, electronic correspondence, verbally, using Information Technology or in-person

 

“Personal Information” means any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g. name, title, business address) or information readily available to the public.  This includes, but is NOT limited to, fitness progress photos, name, date of birth, contact information, email address, payment information, if applicable, Personal Health Information, and emergency contact information.   

 

“Personal Health Information” is as defined in the  Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, as amended from time to time, which includes but is not limited to identifying information about an individual in oral or recorded form, if the information (a) relates to the individual’s physical or mental health, including their health history of their family or (b) relates to the providing of healthcare to an individual including but not limited to identification of a person as a provider of healthcare to the individual. 

  1. Acceptance of Agreement

As a condition for use of the Website, you represent and warrant that:

  1. you have reached the age of eighteen (18) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement or if you have not reached the age of eighteen (18), you are using the Website only in the presence of your parent or legal guardian; and

  2. all information you contribute to the Website is true, accurate and complete and not in violation of any third-party rights or applicable laws.

 

  1. Changes to Agreement

This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Website and you should visit this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. GAI reserves the right in its sole discretion to a) discontinue any aspect of the Service at any time; and b) edit or remove any information on the Website at any time.

 

  1. User’s rights

GAI hereby grants you permission to access the Website and use the Services as set forth in this Agreement, provided that:

  1. You agree not to transmit any bug or viruses or other contaminants or unduly interfere with the operation or functionality of the Website;

  2. You agree not to alter or modify any part of the Service;

  3. You agree not to distribute in any medium, any part of the Service or Content without GAI’s prior written authorization;

  4. You agree to comply with all applicable laws in using the Services;

  5. You agree not to use the Website for any purpose or person other than for yourself for the purpose of obtaining information about our Services, or for entering into a customer relationship with us with respect to such Genetics Services (collectively, the “Purpose”);

  6. You agree not to use the Website for any illegitimate or illegal purpose;

  7. You agree not to upload, distribute or transmit any User Generated Content that you do not have the permission to publish, is offensive, defamatory, unlawful or abusive or in violation of any third-party rights or applicable laws; and

  8. You agree not to pose as any person or entity or otherwise misrepresent your affiliation with a person or entity on the Website.

 

  1. User Account

GAI may approve the creation of your account in its discretion. If your account does not meet GAI’s criteria, then the account will not be created and you will not have full access to the Website or its Services. GAI reserves the right to access your account in order to fix problems with the account. After your account is created, you will have the opportunity to populate Personal Information such as your name, contact information, phone number, email address and other information related to the Genetics Services (collectively, the “User Generated Content”).  By providing such User Generated Content, you hereby grant GAI a non-exclusive license to access such content, subject to our Privacy Policy, to the extent necessary for it to determine your eligibility for and to provide you with the Genetics Services. You will have the opportunity to review, modify and update some of such information. For any User Generated Content you are unable to remove, if you wish such content be removed from your account, you may send a request to GAI.  Upon receipt of such request, subject to our Privacy Policy, we will take immediate action to comply.

 

GAI reserves the right to decide whether User Generated Content violates this Agreement or the law for any reason. GAI, may at any time, without prior notice and in its sole discretion, remove such content and/or terminate your account for submitting material in violation of this Agreement or the law.  You will then be prohibited from adding or uploading any additional User Generated Content.

 

You may also request termination of your account at any time by emailing GAI at [insert email].Please note that any such request may severely limit GAI’s ability to provide you with the Genetics Services.  

 

  1. Copyright and Trademarks

The Website, all Content and rights therein, except the User Generated Content (collectively, the “Non-User Generated Content”), are ours or our licensors’ property and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You do not acquire ownership rights to the Website or any Non-User Generated Content in relation to the Services.

 

Subject to this Agreement, you are hereby granted a limited, non-transferable, non-exclusive license to access, view and use the Website strictly for the Purpose. Other than for the Purpose, the reproduction in any form, the incorporation into any information retrieval system (whether electronic or mechanical), reverse-engineering, duplication, recording (whether visual or audio), streaming, redistribution, preparation of derivative works, licensing, exploitation, sale, assignment, use, modification or publication or any other use by you of any part of the Non-User Generated Content in any manner whatsoever except with our written consent, is strictly prohibited. If you require any further information on such license, address your inquiry to Info@geneticsadviser.com.

 

Any infringement of GAI’s rights will result in appropriate legal action. GAI disclaims any and all liability for any consequences which may result from the unauthorized reproduction or use of the Website whatsoever.

 

The symbols ® and ™ designate Canadian registered trademarks and unregistered trademarks used in Canada respectively. The following are registered trademarks of GAI which may also be used under license by its subsidiaries and affiliates.

 

The copyright in the Website, and in the underlying source HTML files which implement the hypertext features of the Website (the “Document Set”) is owned by GAI. Any person is authorized to view, reproduce, print and distribute the Document Set and/or any portion thereof, pursuant to the following conditions:

  1. the Document Set may only be used for informational purposes;

  2. the Document Set may only be used for non-commercial purposes; and

  3. any copy of the Document Set or portion thereof must include this copyright notice.

 

Copyright THE GENETICS ADVISER ©2023 All rights reserved.

  1. Indemnification

You understand that you are responsible for confirming the terms and conditions of the Genetics Services, information provided and/or obtained from the Website or through the Services.

 

You agree to indemnify, defend and hold us and our respective directors, officers, shareholders, partners, professional representatives, independent contractors, agents, principals, personnel, affiliates, business associates, lawyers, staff and affiliates (collectively, the “Affiliated Parties”) harmless from and against all claims of any kind which third parties ever had, now have, or may in the future have against you or the Affiliated Parties reason of any cause, whether known or unknown, arising from, connected with or in any way related to without limitation (i) any violation of this Agreement or our Privacy Policy; (ii) your use of the Website; or (iii) any violation of any third party rights or applicable laws.

 

  1. Transferability

Your right to use the Website is not transferable. Any password or right given to you to obtain access to your account is not transferable. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify us of any breach of security or unauthorized use of your account.  You may be liable for the losses of GAI or others due to any unauthorized use.

 

  1. Disclaimers

  1. You acknowledge that the Services is also subject to the rules, polices and operating procedures of third party service providers such as Zoom, FaceTime, Whatsapp and PayPal. Please ensure to review those in detail as found on their websites.   IF YOU PROCEED WITH THE SERVICES WITHOUT REVIEWING THOSE IN DETAIL, YOU DO SO AT YOUR OWN RISK. Zoom, FaceTime and GAI are completely independent entities and neither party has authority to make any representations or commitments on behalf of the other.

  2. We reserve the right to modify, suspend or discontinue any aspect of the Services or edit or remove information on/from the Website at any time without notice. We are not liable to you for such changes. Your use of, and inability to use the Website is at your own risk.

  3. We reserve the discretion to limit our Services to any person, geographic region or jurisdiction.

  4. You are solely responsible for the accuracy, currency and completeness of all information you provide GAI and GAI will not verify any such information;

  5. The Content and Genetics Services do not constitute medical advice, treatment, diagnosis, a substitute for regular primary medical care nor any endorsement, representation or warranty that they are appropriate for your use. You should not attempt self-treatment based on any of the Content or Genetics Services and we recommend discussing any Content or Genetics Services with your regular physician or another healthcare provider if you are seeking the Genetics Services for medical reasons. Any reliance on any Content or Genetics Services from this Website or from any Interaction is at your own risk.

  6. Genetics Services Disclaimer:

    1. When providing you with Genetics Services, GAI will be relying on the User Generated Content and any additional information you may provide at their request.  

    2. GAI may refuse to provide Genetics Services to you at any time, in its absolute discretion.

    3. We are not responsible for sending information about your Genetics Services to your primary physician

    4. THE GENETICS SERVICES ARE CONSULTATIVE SERVICES AND NOT MEDICAL SERVICES. If you believe you are dealing with a medical ailment or emergency, please call your primary physician, local emergency number or attend the nearest emergency room immediately.

  7. Testimonial Disclaimer: We may receive testimonials and reviews for our Genetics Services (collectively, the “Testimonials”). We may receive the Testimonials via a variety of transmission methods including but not limited to Google and other methods as indicated on the Website and have reviewed them prior to displaying them on the Website to ensure authenticity and to prevent against abuse. They reflect the real-life experiences of individuals who have used our Genetics Services. Results may vary as they are based on individual experiences. We do not claim, nor should you assume that any individual experience recounted is typical or representative of what you or any other client of our Genetics Services might experience. The Testimonials are verbatim to that submitted, except for the correction of grammatical or typing errors. However, some Testimonials may have been edited for clarity purposes or shortened to eliminate extraneous information that is of no relevance to you.  We are not responsible or liable for the content of the Testimonials. The content of the Testimonials is strictly that of the author and we do not necessarily agree with the Testimonials. The author of the Testimonials may have been compensated with free services or discounts for use of their Testimonials.

  8. Electronic Communications Disclaimer: Any communications taking place through the Website, via Information Technology or other electronic communication methods can be intercepted, delayed, mis-directed, amended, altered, corrupted, lost or destroyed. We cannot guarantee them to be error free nor their confidentiality. By engaging in any Interaction via such methods, you agree to accept all of the foregoing risks.

  9. You understand you will be charged a fee for any Genetics Services. Please contact GAI for any inquiries regarding fees.

 

THE CONTENT AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GAI AND ITS AFFILIATED PARTIES ASSUME NO LIABILITIY OR RESPONSIBILITY FOR ANY LIABILITY OF ANY KIND ARISING OUT OF OR INCURRED IN CONNECTION WITH THE FOLLOWING: (I) ERRORS, OMISSIONS, CURRENCY, INACCURACIES, INEFFECTUALNESS, INSECURITY, INEFFICIENCY OF CONTENT (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE, OR INABILITY TO USE THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR AND OUR AFFILITATES’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY DELAY, INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER CONTAMINANTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY OR VIA ANY INTERACTION, (VII) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR CONTROL, (VIII) ANY INFORMATION STORED BY ANY COMPUTER, MOBILE DEVICE OR NETWORK YOU USE TO ACCESS THE SERVICES, WHETHER PUBLIC OR PRIVATE AND/OR (VIX) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES; IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GAI IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND PROFESSIONAL NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GAI AND ITS AFFILIATED PARTIES ARE ALSO NOT LIABLE IN ANY WAY UNLESS THE INJURY OR DAMAGE IS DIRECTLY DUE TO THEIR NEGLIGENCE OR WILFUL MISCONDUCT. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GAI AND YOU. THE WEBSITE, THE SERVICES AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

YOU MUST INSTITUTE ANY CAUSE OF ACTION AGAINST GAI WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.

  1. Third Party Services

The Website may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

 

The Website may also contain access to third party merchant sites (“”) through which you may purchase certain goods or services. You also understand that GAI does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. GAI is not a party to the transactions entered into between you and Merchants.

 

The Merchants and Non-Merchants are collectively known herein as the “”. Unless otherwise explicitly stated herein, you agree that use of Third Party services is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY GAI, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS GAI LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES. GAI WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE THIRD PARTY SERVICES.

 

  1. Third Party Merchant Policies

 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on the Merchants’ sites. GAI is not responsible for information provided by you to Merchants. Merchant and GAI are completely independent entities and neither party has authority to make any representations or commitments on behalf of the other.

 

  1. Privacy Policy

You acknowledge that you have read our privacy policy located on the Website at www.geneticsadvsier.com, as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use, disclosure and retention by us of your Personal Information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement.

 

  1. Miscellaneous

This Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the Services and supersedes any other agreements or discussions, oral or written. This Agreement shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Toronto, Ontario, Canada. You expressly submit to the exclusive jurisdiction of the courts of Ontario and Canada and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and if not possible, severed from this Agreement and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of GAI to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. This Agreement is not assignable by you without our prior consent. We may assign this Agreement in our sole and absolute discretion.

 

LAST UPDATED: February, 27th 2024

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