Terms of Service of Ryfe Fundamentals OPC Private Limited. (updated January 16 2020)
"GenomeTalks" means RYFE FUNDAMENTALS (OPC) PRIVATE LIMITED, whose principal place of business is at Fl 5 Sect G, Shreenagari, Akurdi, Pune, Maharashtra, India, 411035.
"GenomeTalks Research" means scientific research that GenomeTalks or its associate partners performs with the intent to publish in a peer-reviewed scientific journal. GenomeTalks Research only uses Genetic and Self-Reported Information from users who have given informed consent according to the applicable Consent Document. GenomeTalks Research activities might include R&D, in future.
"Product Development" means research performed for the purpose of new product development and new product development activities performed by GenomeTalks on De-identified Information. 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 with a third party.
"Service" or "Services" means GenomeTalks's products, software, services, and website (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. GenomeTalks collects and stores the following types of Personal Information:
"Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
2. Acceptance of Terms:
Your use of the Services (excluding any services provided by GenomeTalks under a separate agreement) is subject to the terms of the legal agreement between you and GenomeTalks set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to
Whether you submit your own blood/saliva/other sample, a blood/saliva/other 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
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 these TOS on behalf of yourself or those for whom you have legal authority to agree.
4. Description of the Services:
The Services include access to the GenomeTalks public website and personal genotyping services, including the collection and analysis of your blood/saliva/other 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 GenomeTalks at the time of the purchase, viewing or other use. As research progresses and scientific knowledge and technology evolve, GenomeTalks 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 GenomeTalks provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that GenomeTalks may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at GenomeTalks's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GenomeTalks when you stop using the Services. GenomeTalks assumes no responsibility for the use of Services outside the terms of this 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 GenomeTalks 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 GenomeTalks at any time, at GenomeTalks's discretion.
5. Risks and Considerations Regarding GenomeTalks 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 GenomeTalks through our genetic counsellors, your physician, or other health care provider.
We encourage you to talk to our trained and certified genetic counselor, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. Our genetic counselor also can help you understand your results and options.
Some people feel a little anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your physician or our genetic counselor prior to collecting your sample for testing.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father, surprising facts related to your ancestry, or that someone with your genotype may have a higher than average chance of developing a specific condition or disease). These outcomes could have social, legal, or economic implications.
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 up to 5% of the time if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.* If the initial processing fails for any of these reasons, GenomeTalks will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, GenomeTalks will offer to send another sample collection kit to the user to collect a second sample at an additional charge. If the user sends another sample and GenomeTalks's attempts to process the second sample are unsuccessful, GenomeTalks will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
You should not change your health behaviors solely on the basis Genetic Information from GenomeTalks. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from GenomeTalks Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through GenomeTalks, you should contact your physician or our counselor. Please note that genetic risk assessment is not applicable to results of carrier screening tests.
Genetic research is not comprehensive. While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of GenomeTalks is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our Service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future.
Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
GenomeTalks Services are for research, informational, and educational use only. We do not provide medical advice. The Genetic Information provided by GenomeTalks is for research, informational, and educational use only. This means two things. First, many of the genetic discoveries that are reported have not been clinically validated. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in GenomeTalks Research. Participation in such research is voluntary and based upon an IRB or equivalent approved consent document. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer 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 the status of your health.
GenomeTalks does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic Information and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, GenomeTalks believes that
6. User Representations:
By accessing GenomeTalks 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, GenomeTalks 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 GenomeTalks and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
7. Account Creation, Customer Account, Password, and Security Obligations:
In consideration of your use of the Services, you agree to:
After you have purchased a Service, you will create a username and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your GenomeTalks account. If you allow third parties to access GenomeTalks's website through your username and password, you will defend and indemnify GenomeTalks 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 (a) immediately notify GenomeTalks of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. GenomeTalks cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. GenomeTalks Privacy Statement and Disclosure of Information:
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by
You acknowledge and agree that GenomeTalks has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the GenomeTalks Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in GenomeTalks Research as described in the applicable Consent Document, we may disclose your information to third parties as described in the applicable Consent Document. GenomeTalks Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. GenomeTalks Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. GenomeTalks will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and agree that GenomeTalks is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
9. Limited License:
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 GenomeTalks, 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 GenomeTalks Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by GenomeTalks and/or the sponsors who provide that content to GenomeTalks (or by other persons or companies on their behalf). GenomeTalks 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 any content marked as not subject to this Limited License on the website, provided you:
10. Customer Conduct - Unlawful and Prohibited Use:
As a condition of your use of the Services, you warrant to GenomeTalks 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. You may not use the Services outside of the country to which your sample collection kit was shipped from GenomeTalks. Furthermore you agree not to use the Services to:
You acknowledge and agree that you are solely responsible for (and that GenomeTalks 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 GenomeTalks may suffer) of any such breach. In case of breach of any one of these agreements GenomeTalks 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 GenomeTalks 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 GenomeTalks has a reasonable ground to suspect that you have violated the terms of this Section, GenomeTalks 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).
11. Export Control and Applicable Laws and Regulations:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree
12. Material Posted Through The Service:
GenomeTalks 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-GenomeTalks content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will GenomeTalks be liable in any way for any non-GenomeTalks 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 GenomeTalks 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, GenomeTalks and its designees shall have the right to remove any content that violates the TOS or is deemed by GenomeTalks, 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.
13. Material Provided to GenomeTalks - Your Proprietary Rights:
User Content. GenomeTalks does not claim ownership of the User Content you provide to GenomeTalks (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 GenomeTalks, 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 GenomeTalks to make such User Content available to other companies, organizations, or individuals with whom GenomeTalks has relationships, and to use such User Content in connection with the provision of those services.
You understand that GenomeTalks, in performing the required technical steps to provide the Services to our users, may
Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties for Research purposes will not occur without explicit consent. Note that GenomeTalks cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the GenomeTalks website. You acknowledge and agree that you are responsible for protecting and enforcing your rights and that GenomeTalks has no obligation to do so on your behalf.
Your blood/saliva/other sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from GenomeTalks as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and these TOS, shared with or included in Aggregated Genetic and Self-Reported Information shared with any research collaborator.
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 GenomeTalks 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.
You agree to defend and hold GenomeTalks, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you have submitted a blood/saliva/other sample or otherwise provided your own Genetic Information, you will defend and hold harmless GenomeTalks, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your blood/saliva/other sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless GenomeTalks, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
15. 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 GenomeTalks, 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.
16. General Practices Regarding Use and Storage:
You acknowledge that GenomeTalks 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 GenomeTalks's 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 GenomeTalks 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 GenomeTalks reserves the right to change these general practices and limits in its sole discretion.
17. Modifications to Service:
GenomeTalks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that
The Software that you use may from time to time automatically download and install updates from GenomeTalks. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit GenomeTalks to deliver these to you) as part of your use of the Services.
You acknowledge that GenomeTalks 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.
The TOS will continue to apply until terminated by either you or GenomeTalks as set out in this Section.
If you want to terminate your legal agreement with GenomeTalks, you may do so by deleting your GenomeTalks account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your GenomeTalks account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.
GenomeTalks may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that GenomeTalks shall not be liable to you or any third party for any termination of your access to the Services.
19. Survival of Terms:
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and GenomeTalks have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding GenomeTalks Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(GenomeTalks Privacy Statement and Disclosure of Information); 9.(Limited License); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to GenomeTalks - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 16.(General Practices Regarding Use and Storage); 17.(Modifications to Service); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and GenomeTalks Website); 22.(GenomeTalks Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 26.(Changes to the Terms of Service); 27.(Violation or Suspected Violation of Terms of Service); 28. (Dispute Resolution); and 29.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
20. 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 GenomeTalks 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.
21. Hyperlinks and the GenomeTalks Website:
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because GenomeTalks has no control over such sites and resources, you acknowledge and agree that GenomeTalks 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 GenomeTalks 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.
22. GenomeTalks's Proprietary Rights:
You acknowledge and agree that GenomeTalks (or GenomeTalks's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) 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 GenomeTalks and that you shall not disclose such information without GenomeTalks's prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by GenomeTalks, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of GenomeTalks and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
RYFE FUNDAMENTALS (OPC) PRIVATE LIMITED, GenomeTalks, and other GenomeTalks logos and product and service names are trademarks of GenomeTalks and these marks together with any other GenomeTalks trade names, service marks, logos, domain names, and other distinctive brand features are the "GenomeTalks Marks". Unless you have agreed otherwise in writing with GenomeTalks, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any GenomeTalks Marks and you agree not to display, or use in any manner, GenomeTalks 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 GenomeTalks, 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.
For any Software not accompanied by a License Agreement, GenomeTalks grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GenomeTalks, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GenomeTalks, in the manner permitted by the TOS. Unless GenomeTalks has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GenomeTalks for use in accessing the Service. Any rights not expressly granted herein are reserved.
23. Disclaimer of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
MEDICAL INFORMATION CHANGES CONSTANTLY. THEREFORE THE INFORMATION ON THIS SITE OR ON ANY LINKED WEBSITES SHOULD NOT BE CONSIDERED CURRENT, COMPLETE OR EXHAUSTIVE, NOR SHOULD YOU RELY ON SUCH INFORMATION TO RECOMMEND A COURSE OF TREATMENT FOR YOU OR ANY OTHER INDIVIDUAL. RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR ANY LINKED WEBSITES IS SOLELY AT YOUR OWN RISK.
24. Limitation of Liability:
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENOMETALKS 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 GENOMETALKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Notices to you may be made via either email or regular mail. GenomeTalks 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:
(Subsidiary of RYFE FUNDAMENTALS (OPC) PRIVATE LIMITED)
Fl 5 Sect G, Shreenagari, Akurdi, Pune, Maharashtra, India, 411035
Additionally, GenomeTalks accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
26. Changes to the Terms of Service:
GenomeTalks may make changes to the TOS from time to time. When these changes are made, GenomeTalks will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, GenomeTalks will treat your use as acceptance of the updated TOS.
27. Violation or Suspected Violation of Terms of Service:
If you violate the terms of these TOS and/or GenomeTalks has a reasonable ground to suspect that you have violated the terms of these TOS, GenomeTalks 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).
28. Dispute Resolution:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at admin@GenomeTalks.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 28 above, then either you or we may initiate binding arbitration. All claims arising out of or relating to these TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall mutually select a single neutral arbitrator in accordance with the Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these TOS, including, but not limited to, any claim that all or any part of these TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Indian Arbitration Act. We will NOT be responsible for paying all or any other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to Arbitrator.
Entire Agreement. The TOS constitute the entire agreement between you and GenomeTalks and govern your use of the Services, superseding any prior agreements between you and GenomeTalks 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
Waiver. The failure of GenomeTalks 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.
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 Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GenomeTalks for any third party that assumes our rights and obligations under this Agreement.