TERMS & CONDITIONS
November 1, 2019 / Subject to change
The OptimalYouDNA Inc..com Web site (the "Site") and any services (each a "Service," and collectively the "Services") provided by OptimalYouDNA Inc. (“OptimalYouDNA Inc.”) are provided subject to these terms and conditions ("Terms"). Your use of the Site or any Services will indicate your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or any of the Services.
No medical advice
The contents of the Site, any risk estimates or other reports generated by the Services (collectively, "Your Report"), and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references contained therein (collectively, "Content"), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. In addition, to satisfy the laws of certain jurisdictions, OptimalYouDNA Inc. may engage the services of a licensed physician or other person authorized by law to order the Services or to receive Your Report, prior to OptimalYouDNA Inc. making Your Report available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of OptimalYouDNA Inc. or another qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of Your Report or any other Content. Furthermore, you should not interpret Your Report or any other Content as recommending any specific treatment plan, product or course of action. You should always consult OptimalYouDNA Inc. or another qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by OptimalYouDNA Inc. or another qualified health provider.
PLEASE CALL YOUR DOCTOR IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
Your account
You might be required to create a user account with OptimalYouDNA Inc. ("Your Account") in order to access certain portions of the Site, purchase the Services, and obtain Your Report. You represent and warrant that the information you provide is accurate and complete and that you or OptimalYouDNA Inc. will promptly update Your Account if any of the information changes. OptimalYouDNA Inc. reserves the right to terminate your and/or OptimalYouDNA Inc.’s use of the Site or the Services if any information provided by you or OptimalYouDNA Inc. is inaccurate or incomplete. You or OptimalYouDNA Inc. (as applicable) will be prompted to create a username and password for Your Account. You and/or OptimalYouDNA Inc. (as applicable) are solely responsible for keeping such password confidential and for all uses of the Site and the Services with Your Account. You must immediately notify OptimalYouDNA Inc. of any unauthorized use of Your Account. OptimalYouDNA Inc. may refuse to grant you or OptimalYouDNA Inc. a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by OptimalYouDNA Inc. in its sole discretion.
You also represent and warrant that any saliva samples you submit, or OptimalYouDNA Inc. submits on your behalf, to OptimalYouDNA Inc. for processing as part of the Service are your own, that you have followed the saliva collection instructions provided by OptimalYouDNA Inc., that you are 18 years of age or older and that neither you or OptimalYouDNA Inc. will use the Site or the Services for any purpose that is unlawful, unethical or in violation of these Terms.
Limitations on the scope of OptimalYouDNA Inc.’ services
OptimalYouDNA Inc. currently provides genetic counseling services in English only, and does not provide in-person genetic counseling or support services. However, a OptimalYouDNA Inc. Genetic Counselor or your healthcare provider can help identify additional professional resources in your area. Assistance for the hearing impaired is available upon request.
OptimalYouDNA Inc. may incorporate different or additional technologies to collect genetic data in the future. OptimalYouDNA Inc. may, at its sole discretion, and to the extent consistent with the Informed Consent that you have agreed to, choose to re-process your DNA sample using any such different or additional technology and include the results within your updated Report. However, the purchase of any Service does not automatically include any such different or additional technology, and OptimalYouDNA Inc. reserves the right to charge you additional fees prior to processing your sample using any such different or additional technology. You may also need to submit a new saliva sample or other biological sample for processing on such different or additional technology.
Privacy and security
OptimalYouDNA Inc.' current privacy and security policies and practices are described in OptimalYouDNA Inc.’ Privacy Policy. OptimalYouDNA Inc. reserves the right to update OptimalYouDNA Inc.’ privacy and security policies and practices from time to time at OptimalYouDNA Inc.’ sole discretion. OptimalYouDNA Inc. will employ commercially reasonable technical and organizational safeguards against unauthorized disclosure or access to your genetic data or other personally identifiable information about you, consistent with OptimalYouDNA Inc.’ Privacy Policy. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND OPTIMALYOUDNA INC. DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT OPTIMALYOUDNA INC. DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS (SUCH AS HACKERS) MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE THE SITE OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. Furthermore, OptimalYouDNA Inc. cannot be responsible for any personally identifiable information about you released to OptimalYouDNA Inc., that you release on your own, or that you request or authorize OptimalYouDNA Inc. to release.
Ownership and use of content
The Site is owned and operated by OptimalYouDNA Inc., Inc. and title to the Content and the Services (and any intellectual property and other rights relating thereto) are and will remain with OptimalYouDNA Inc., its licensors and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark and other laws. OptimalYouDNA Inc. grants you and OptimalYouDNA Inc. a non-exclusive, non-transferable, revocable, limited license to receive the Services you or OptimalYouDNA Inc. purchases from OptimalYouDNA Inc., and to view and print one or more copies of Your Report and a single copy of any other Content obtained from the Site, for non-commercial personal use only, provided that neither you nor OptimalYouDNA Inc. remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of Your Report to your physician and anyone else of your choosing. You may not use any Content obtained from the Site in any other manner or for any other purpose without the prior written permission of OptimalYouDNA Inc.. OptimalYouDNA Inc.’ licensors and suppliers may impose additional restrictions on the Content they provide to OptimalYouDNA Inc. (such as journal articles and editorial content); in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to OptimalYouDNA Inc., its licensors and suppliers. By using the Site or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Site or any Services, or "frame" or "mirror" any part of the Site without prior written consent from OptimalYouDNA Inc.
Trademark notices
All trademarks, service marks and logos used on the Site, whether registered or unregistered, are owned by OptimalYouDNA Inc., its licensors, suppliers and others. Neither you nor OptimalYouDNA Inc. may use or display any trademarks, service marks, logos or designs used on the Site without prior written consent from the rightful owner(s).
Accuracy and integrity of information
While OptimalYouDNA Inc. strives to keep the Content accurate, complete and up-to-date, OptimalYouDNA Inc. cannot and does not guarantee the accuracy, completeness, or timeliness of Your Report or any other Content, whether provided by OptimalYouDNA Inc., its licensors or its suppliers. It is possible the Content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform OptimalYouDNA Inc. so that it can be corrected. Information contained within Your Report or other Content may be changed or updated by OptimalYouDNA Inc. without notice. Any opinions, advice, statements or other information expressed or made available by third parties via the Site are those of the respective third party and not necessarily those of OptimalYouDNA Inc. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER OPTIMALYOUDNA INC. NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Modification or suspension of the Site
OptimalYouDNA Inc. may at any time modify, discontinue, or suspend its operation of, or restrict access to, the Site or the Services, or any part thereof, temporarily or permanently, without notice to you or OptimalYouDNA Inc.
Third party web sites
The Site contains (may contain) hyperlinks to third party Web sites. Hyperlinks to or from the Site do not constitute any endorsement or recommendation by OptimalYouDNA Inc. of any third party or its Web site, products, resources or other information. OptimalYouDNA Inc. is not responsible for any software, data or other information available from any third party Web site. You and OptimalYouDNA Inc. are solely responsible for complying with all terms and conditions of use for third party sites and content. You acknowledge that OptimalYouDNA Inc. shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Intended audience
The Site is maintained by OptimalYouDNA Inc., Inc. from its offices within Canada. OptimalYouDNA Inc. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site or any Services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this Site are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Site in any manner whatsoever, you or OptimalYouDNA Inc. (as applicable) represents and warrants that neither you nor OptimalYouDNA Inc. are on any such list or located in, under the control of, or a national or resident of any such country.
No warranty
THE SITE, THE SERVICES, YOUR REPORT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU AND OPTIMALYOUDNA INC. USE THEM AT YOUR OWN RISK. OPTIMALYOUDNA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OPTIMALYOUDNA INC. DOES NOT MAKE ANY WARRANTY THAT THE SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR OR OPTIMALYOUDNA INC.’S REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. OPTIMALYOUDNA INC. MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF THE SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
Limitation of liability
OPTIMALYOUDNA INC. ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU OR OPTIMALYOUDNA INC. TAKES BASED ON THE SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL OPTIMALYOUDNA INC., ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, YOUR REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU, OPTIMALYOUDNA INC. AND OPTIMALYOUDNA INC. OR THE SITE; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU, OPTIMALYOUDNA INC. OR ANY OTHER USER ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT OPTIMALYOUDNA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless OptimalYouDNA Inc., its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use, or OptimalYouDNA Inc.’s use on your behalf, of the Site, the Services, Your Report or other Content, from your breach, or OptimalYouDNA Inc.’s breach based on actions taken on your behalf, of these Terms, or from any data or communications you or OptimalYouDNA Inc. submit, post or transmit to or through the Site. You agree to cooperate as reasonably required in the defense of any such claim. OptimalYouDNA Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of OptimalYouDNA Inc.
Procedure for making claims of copyright infringement
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
Identification of the material that you believe to be infringing and its location. Please describe the material and provide its URL or any other pertinent information that will allow OptimalYouDNA Inc. to locate the material
Your name, address, telephone number and e-mail address
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the information that you have supplied is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
A signature or the electronic equivalent from the copyright holder or authorized representative
Applicable law
This agreement and the resolution of any dispute related to these Terms, the Site, the Services, Your Report or any other Content shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflicts of law principles. Any legal action or proceeding between OptimalYouDNA Inc. and you related to this agreement or the subject matter hereof shall be brought exclusively in a court of competent jurisdiction sitting in Ontario, Canada, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
General
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms, together with any such other legal notices and terms on the Site, OptimalYouDNA Inc.’ Privacy Policy and any OptimalYouDNA Inc. Informed Consent that you have agreed to, constitute the entire agreement between OptimalYouDNA Inc. and you pertaining to the subject matter hereof. OptimalYouDNA Inc. may, in its sole discretion, periodically revise these Terms by updating this posting. You should periodically visit this page to review the current version of these Terms, so you are aware of any revisions to which you are bound. If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision and the remaining provisions of these Terms shall continue in full force and effect.