“Juno Diagnostics” means Juno Diagnostics™, Inc., having an address at PO BOX 919050, San Diego, CA 92191. “R&D” means research and development activities performed by Juno Diagnostics on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization by Juno Diagnostics or with a third party; and publication of research study results using collective data derived from de-identified blood samples which may include your de-identified blood sample. “Service” or “Services” means Juno Diagnostics’ products, software, services, and Websites (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not. “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Juno Diagnostics collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your DNA, generated through processing of your blood by Juno Diagnostics or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Juno Diagnostics.
- “Self-Reported Information” is all information about yourself, including your health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys or forms.
- “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of Juno Diagnostics Services and transmitted, whether publicly or privately, to or through Juno Diagnostics.
- “Web Behavior Information” is information on how you use any Juno Diagnostics owned Websites (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
Acceptance of Terms
Your use of Juno Diagnostics’ Services (excluding any services provided by Juno Diagnostics under a separate agreement) is subject to the terms of the legal agreement between you and Juno Diagnostics set forth in these Terms of Service (“TOS”). Except as specified herein, the TOS applies to any use of the Services, including but not limited to a) submitting a blood sample for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Juno Diagnostics Websites, and/or c) creating and using a free Juno Diagnostics account without providing your blood sample or Genetic Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Juno Diagnostics for any Service; (2) by clicking “Submit Order” in the online store; or by (3) actually using the Services. In this case, you acknowledge and agree that Juno Diagnostics will treat your purchase or use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Juno Diagnostics Services, you shall be subject to any instructions, guidelines or rules applicable to such services. All such instructions, guidelines or rules are hereby incorporated by reference into the TOS. Juno Diagnostics also may offer other services that are governed by different terms of service. You must read and accept our TOS before using our website www.happythetest.com (hereafter, the “Websites”). THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Arbitration Agreement and Class Action Waiver
You and Juno Diagnostics agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Juno Diagnostics will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Juno Diagnostics in writing and provided a copy of the arbitration proceedings. However, if Juno Diagnostics is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Juno Diagnostics, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Juno Diagnostics and may not preside over any kind of representative or class proceeding against Juno Diagnostics. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void and any controversy or claim must be brought exclusively in the state and federal courts in California. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST JUNO DIAGNOSTICS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A HAPPY™ TEST AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE HAPPY TEST TO GET A REFUND. IF YOU HAVE PURCHASED A HAPPY TEST AT AN ONLINE MARKETPLACE OR RETAIL STORE, YOU MUST RETURN THE HAPPY TEST ACCORDING TO THE ONLINE MARKETPLACE OR STORE’S RETURN POLICY. IF YOU HAVE PURCHASED A HAPPY TEST BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE HAPPY TEST PURSUANT TO OUR RETURN POLICY AS DESCRIBED FURTHER HEREIN IN SECTION 6.
Whether you submit your own blood sample, a blood sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Juno Diagnostics, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
By submitting your own blood sample, a blood sample for anyone for whom you have legal authority to agree, you are representing that the blood sample you are submitting is the blood sample of a pregnant human female between the ages of 18- ?? with a gestational period of between 8-?? weeks and that the blood sample is not (i) a blood sample from a non-pregnant female; (ii) a blood sample from a non-human; or (iii) a blood sample from a male human. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to the TOS on behalf of yourself or those for whom you have legal authority to agree.
Description of the Services
The Services include access to the Juno Diagnostics public Websites (e.g., www.HappyTheTest.com) and personal genetic services (e.g., cell-free DNA services), including the collection and analysis of your blood sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Juno Diagnostics at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Juno Diagnostics is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Juno Diagnostics provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Juno Diagnostics may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Juno Diagnostics’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Juno Diagnostics when you stop using the Services unless you are requesting closure of your account. Juno Diagnostics assumes no responsibility for the use of Services outside the terms of the TOS or other applicable terms. In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Juno Diagnostics may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Juno Diagnostics at any time, at Juno Diagnostics’ discretion.
Risks and Considerations Regarding Juno Diagnostics Services
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from Juno Diagnostics or from your physician or other health care provider. The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your blood does not contain a sufficient amount of DNA, the blood sample is collected too early into pregnancy (e.g., earlier than 8 weeks pregnant), the DNA in the blood sample is degraded, you do not provide enough blood, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Juno Diagnostics will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, Juno Diagnostics will offer to send another kit to you to collect a second sample at no charge. If Juno Diagnostics’ attempts to process the second sample are unsuccessful, Juno Diagnostics will not send additional sample collection kits and you will be entitled solely and exclusively to a complete refund of the amount paid to Juno Diagnostics, provided you shall not resubmit another sample through a future purchase of the service. If you breach this provision and send another sample through a future purchase of the service and processing is not successful, Juno Diagnostics will not offer to reprocess the sample or provide you a refund. It is important that you follow the instructions provided with your HAPPY test kit. Failure to follow the instructions provided with the HAPPY test kit may produce an incorrect result. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may produce an incorrect result (referred to as “Errors”). There are many factors that can affect test results, including: 1) inadequate levels of fetal DNA in the mother’s blood; 2) contamination with male DNA by the user during sample collection; 3) inadequate mixing of the blood sample and anticoagulant provided in the blood collection vessel following collection; and 4) delay in shipping or returning your sample to Juno Diagnostics. As these possibilities are known in advance, you are entitled solely and exclusively to a complete refund of the amount paid to Juno Diagnostics in the event of any Errors. If the results of a HAPPY test are determined to be inaccurate by birth, you are entitled solely and exclusively to a complete refund of the amount paid to Juno Diagnostics. If the results of a HAPPY test are determined to be inaccurate by ultrasound or any other prenatal test, you must wait until birth to initiate a refund. To initiate a refund for an inaccurate result, you must email a scan or photograph of a certified birth certificate indicating the baby’s gender and date of birth to firstname.lastname@example.org. Refunds are processed after the receipt of the required document.
Juno Diagnostics Services are for informational, recreational and entertainment use only. We do not provide diagnostic results, screening results or medical advice. The Genetic Information provided by Juno Diagnostics is for informational, recreational and entertainment use only. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or health status. Juno Diagnostics does not recommend or endorse any specific course of action, resources, tests, physician or other health care providers, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Websites. Reliance on any information provided by Juno Diagnostics, its employees, others appearing on our Websites at the invitation of Juno Diagnostics, or other visitors to our Websites is solely at your own risk. Test kits are sealed; open test kits cannot be returned. Test kits purchased by users from Juno Diagnostics are sealed. Test kits cannot be returned after the seal has been broken by the user. The contents of the test kits include sterile items and their sterility cannot be assured after the kit has been opened. If you would like to return your test kit for a refund, you must be careful to not break the seal of the test kit. To obtain a refund of an unopened test kit, you must bring the unopened shipping package back to your local post office, mark the package “Refused” and the post office will send the package back to Juno Diagnostics. Once Juno Diagnostics receives the package and the unopened test inside (seal not broken) Juno Diagnostics will credit your charge account with a complete refund of the amount paid to Juno Diagnostics, less shipping and handling.
By accessing Juno Diagnostics Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Juno Diagnostics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- By submitting your own blood sample, a blood sample for anyone for whom you have legal authority to agree, you are representing that the blood sample you are submitting is the blood sample of a pregnant human female between the ages of 18- ?? with a gestational period of between 8-?? weeks and that the blood sample is not (i) a blood sample from a non-pregnant female; (ii) a blood sample from a non-human; or (iii) a blood sample from a male human.
- You understand that information you learn from Juno Diagnostics is not designed to diagnose, prevent, screen for or treat any condition or disease or to ascertain the state of your health and that you understand that the Juno Diagnostics services are intended for research, informational, and educational purposes only and do not, in any way, constitute medical advice or opinion. You acknowledge that Juno Diagnostics 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 give permission to Juno Diagnostics, its contractors, successors and assignees to perform genetic testing services on the DNA extracted from your blood sample and you specifically request Juno Diagnostics to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
- You represent that you are eighteen (18) years of age or older if you are providing a blood sample or accessing your Genetic Information.
- You are guaranteeing that any sample you provide is your blood; if you are agreeing to the TOS 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 acknowledge that Juno Diagnostics Services are available only to customers within the United States and that the blood sample you are providing was drawn within the United States.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
- You understand that all your Personal Information will be stored in Juno Diagnostics databases.
- You understand and provide your consent that once the test is complete, identifying information may be removed and remaining DNA samples may be used for de-identified laboratory purposes such as research and development. You may withdraw your consent to participate in Juno Diagnostics Research at any time by changing your consent status within your Juno Diagnostics Account Settings. Juno Diagnostics will not include your Genetic Information or Self-Reported Information in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research involving your data that has already been performed or published prior to your withdrawal from Juno Diagnostics Research will not be reversed, undone, or withdrawn. These samples will not be available for future clinical studies. Any results obtained cannot be related back to the original source, so no results can be reported.
- Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Juno Diagnostics or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Juno Diagnostics has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). After you have purchased our Service, you may receive your Genetic Information through a website or by email. You are responsible for maintaining the confidentiality of your Genetic Information. If you allow third parties to view your Genetic Information, you will defend and indemnify Juno Diagnostics 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. You agree to immediately notify Juno Diagnostics of any unauthorized use of your Genetic Information. Juno Diagnostics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Juno Diagnostics Privacy Statement and Disclosure of Information
You acknowledge that all 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 Juno Diagnostics, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original Juno Diagnostics Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Juno Diagnostics and/or the sponsors who provide that content to Juno Diagnostics (or by other persons or companies on their behalf). Juno Diagnostics grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content marked as not subject to this Limited License on the Websites, provided you: (i) provide the Services content as it appears on the Juno Diagnostics Websites with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: “© Juno Diagnostics, Inc. 2020. All rights reserved; distributed pursuant to a Limited License from Juno Diagnostics”; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Juno Diagnostics or by the owners of that content, in a separate agreement.
Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Juno Diagnostics that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Juno Diagnostics, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Juno Diagnostics or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate the TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Juno Diagnostics; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. You acknowledge and agree that you are solely responsible for (and that Juno Diagnostics has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Juno Diagnostics may suffer) of any such breach. In case of breach of any one of these agreements, Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Juno Diagnostics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Juno Diagnostics has a reasonable ground to suspect that you have violated the terms of this Section, Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Material Posted Through The Service
Juno Diagnostics will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non- Juno Diagnostics content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Juno Diagnostics be liable in any way for any non- Juno Diagnostics content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services. You acknowledge that Juno Diagnostics and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Juno Diagnostics and its designees shall have the right to remove any content that violates the TOS or is deemed by Juno Diagnostics, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Material Provided to Juno Diagnostics – Your Proprietary Rights
User Content. Juno Diagnostics does not claim ownership of the User Content you provide to Juno Diagnostics (including feedback and suggestions) 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 give Juno Diagnostics, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and 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. You acknowledge and agree that this license includes a right for Juno Diagnostics to make such User Content available to other companies, organizations, or individuals with whom Juno Diagnostics has relationships, and to use such User Content in connection with the provision of those services.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Juno Diagnostics or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and Juno Diagnostics, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that Juno Diagnostics may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Juno Diagnostics’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Juno Diagnostics has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Juno Diagnostics reserves the right to change these general practices and limits in its sole discretion.
Modifications to Service
You acknowledge that Juno Diagnostics may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
Survival of Terms
Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Juno Diagnostics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
Hyperlinks and Juno Diagnostics Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Juno Diagnostics has no control over such sites and resources, you acknowledge and agree that Juno Diagnostics is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Juno Diagnostics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Juno Diagnostics’ Proprietary Rights
You acknowledge and agree that Juno Diagnostics (or Juno Diagnostics’ licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Juno Diagnostics and that you shall not disclose such information without Juno Diagnostics’ prior written consent. Juno Diagnostics, Inc., HAPPY TM, and other Juno Diagnostics logos and product and service names are trademarks of Juno Diagnostics and these marks together with any other Juno Diagnostics trade names, service marks, logos, domain names, and other distinctive brand features are the “ Juno Diagnostics Marks”. Unless you have agreed otherwise in writing with Juno Diagnostics, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any Juno Diagnostics Marks and you agree not to display, or use in any manner, Juno Diagnostics Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Juno Diagnostics, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUNO DIAGNOSTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) JUNO DIAGNOSTICS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUNO DIAGNOSTICS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. JUNO DIAGNOSTICS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, JUNO DIAGNOSTICS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JUNO DIAGNOSTICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUNO DIAGNOSTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR GENETIC INFORMATION DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. Juno Diagnostics may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices related to this TOS must be sent to us at:
Juno Diagnostics, Inc.
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
PO BOX 919050
San Diego, CA 92191
Entire Agreement.The TOS constitute the entire agreement between you and Juno Diagnostics and govern your use of the Services, superseding any prior agreements between you and Juno Diagnostics on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Governing law. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. The failure of Juno Diagnostics to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Term for cause of action.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Admissibility of printed version.A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles.The section titles in the TOS are for convenience only and have no legal or contractual effect. Severability Clause.If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment:You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Juno Diagnostics for any third party that assumes our rights and obligations under the TOS.