Access and use of the websites or web/mobile applications of Genome International Inc., (“GIC” or “we” or “us”) are governed by the following Terms & Conditions (“T&C”). The T&C document is modified from time to time and the most updated version is made accessible at: http://www.genome.com/terms/.
By using websites or web/mobile applications of GIC, you accept that you understand and enter into an agreement or to be bound by this T&C. If you are using our websites or web/mobile applications on behalf of your employer or any other entity and not for individual purposes, by using our websites or web/mobile applications, you also confirm that you are a user authorized to represent your employer or the entity who you represent, enter yourself and your employer as well as the entity that you represent into an agreement or to bind yourself and your employer to this T&C.
USE OF GIC WEBSITES AND WEB/MOBILE APPLICATIONS
GIC websites and web/mobile applications provide and receive certain data ( or “content”) for their individual purposes. All the data on our websites and/or web/mobile applications are proprietary data protected by copyright under both United States and foreign laws and are made available to users in compliance with this T&C only for non-commercial use. Permission to copy, download or store data on our websites or web/mobile applications for your non-commercial use may be granted only with the express written permission of GIC (such as a purchased user subscription, etc.), in compliance with this T&C. Any content of GIC websites and web/mobile applications shall not, in any case, be allowed to be modified, distributed, published, sold, licensed, broadcasted, or used for creating derivative works. By using GIC websites and/or web/mobile applications, you agree to comply with all applicable local, state, federal and international laws, rules and regulations. Users who have written permission from GIC, such as a purchased subscription, are referred to as licensors (or “subscribers”). Our licensors retain all right, title and interest in and to all the data in our websites and web/mobile applications, in compliance with this T&C. Except as expressly stated in this TOU, no rights or licenses are granted in or to the Site or its content (or any other intellectual property of Complete Genomics), by implication, estoppel or otherwise.
GIC does not give warranty or claim the accuracy of data provided on its websites and web/mobile applications, and therefore does not claim any responsibility to update such data. GIC and its associates shall not be held liable for your use of or inability to use its websites and web/mobile applications. GIC and its associates shall not be held liable for any action taken that is based on the data provided on its websites and web/mobile applications. Access to and use of all of GIC’s websites, web/mobile applications and the data they provide is solely at user’s discretion.
GIC websites and web/mobile applications may contain links to third party websites or web/mobile applications in light of their individual purposes. The linked entities are by no means governed by the T&C, rules and regulations of GIC. Therefore, GIC does not endorse, make any warranty or represent their accuracy, legality or timeliness of data provided by them. No part of this T&C and any of GIC policies and procedures shall apply to these third party entities. Accessing and using of these third party websites and web/mobile applications may assume user’s compliance with the terms and conditions or policies and procedures, or rules and regulations applicable to these third party websites and web/mobile applications and is solely at user’s discretion.
User Privacy Policy and User Content
GIC respects the privacy of its users and ensures that their personally identifiable information shared with us is given necessary protection and management. In order to address this, GIC has established “Privacy Policy” and users can review and understand it at http://www.genome.com/privacy/. Your use/operation of GIC websites and web/mobile applications is governed by this Privacy Policy. GIC has made detailed information in this Privacy Policy with regard to how we collect, use, disclose, and protect a user’s personal information and other information submitted by a user. You understand that, through your use of GIC websites and/or web/mobile applications, you give consent to the collection, storage and use of such information as described in this T&C and in compliance with our Privacy Policy.
All the content originated from a user, referred to as “user content”, including information, communications, listings, data, text, software, audio files, image files, graphics, video files, messages, etc., is the sole responsibility of the user who shared such content through or by using GIC websites and/or web/mobile applications. A user who shares such content on behalf of one or more entities or persons, including any third party entities, must confirm and warrant that he/she is authorized to act on behalf of and bind such persons or entities to this T&C. As GIC websites and web/mobile applications are used by multiple number of users across globe, GIC is not obliged to any screening, monitoring or controlling the user content posted on this site, including communications, information or other user content originated by users. Such content originating from other users may contain content that is offensive, indecent, inaccurate, objectionable or inappropriate. GIC will not be liable for such user content, including such user information accuracy or errors. GIC will not be liable for any loss or damage incurred as a result of the use of reliance upon content of other users and you agree to release GIC from, and waive any rights to bring or assert any claims for, any liabilities arising from any user content. User is the sole responsible entity for such damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your user content or your use of our websites and web/mobile applications in violation of this T&C.
User Conduct
You agree that you are responsible for your own conduct, user content and the consequences thereof while using GIC websites and web/mobile applications. You agree to use our websites and web/mobile applications only for purposes that they are meant for strictly in compliance with the T&C and any applicable laws, rules, regulations, policies and procedures.
By way of example, and not as a limitation, you agree that when using GIC websites and web/mobile applications, you will not offend, abuse, defame, spam, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harm minors in any way; you will not download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; you will not impersonate another person or entity, or falsify or delete any author attributions, legal or other formal notices, proprietary designations or labels of the origin or source of material; you will not use any information received through GIC websites and web/mobile applications to attempt to identify other users, to contact other users (other than through features for contacting other users that may be offered through them), or for any forensic use; you will not restrict or inhibit any other user from using and enjoying GIC websites and web/mobile applications;
you will not upload, post, provide, email or transmit or otherwise make available
- any inappropriate, defamatory, obscene, offensive or unlawful information, content or materials, such as, for example and without limitation, 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;
- any user content that infringes, misappropriates or violates any patent, trademark, copyright, trade secret or other proprietary right or privacy right of any party or that violates any contractual or fiduciary obligation, interfere with, damage, disable, impair or disrupt GIC and the its connected servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to GIC, remove, circumvent, disable, damage or otherwise interfere with GIC security-related features and product-related features that enforce limitations on the use of GIC websites and web/mobile applications;
- unauthorized or unsolicited advertising, promotional materials, “junk mail”, “spam”, or information or communications that promote pyramid schemes, chain letters or disruptive commercial messages or ads;
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
This Site is not intended for use by minors or designed to attract users under the age of eighteen. GIC will not collect any personally identifiable information from any user under the age of eighteen.
Trademarks
The trademarks, service marks, and logos of GIC that are used and displayed on our websites and web/mobile applications are registered and shall remain the property of GIC. Nothing on GIC websites and web/mobile applications should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on our websites and web/mobile applications without the prior written permission from GIC. These GIC trademarks may not be used to disparage GIC, its products and services, or otherwise damage any goodwill in GIC trademarks. Use of any GIC trademarks as part of a link to or from any site is prohibited unless GIC permits such action in a written communication.
Copyright Policy
GIC respects and promotes its user to respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any work of authorship that you own or control has been copied or utilized on our websites and web/mobile applications in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Notice of alleged copyright infringement or other legal notices regarding user content appearing on our websites and web/mobile applications shall be sent to [support@gna.genomels.com]. We reserve the right to remove user content alleged to be infringing or otherwise illegal without prior notice.
Updating T&C
GIC updates, revises or amends this T&C in its sole discretion and notifies its users at least fifteen (15) days in advance before bringing the new T&C into effect, by posting the modified or amended T&C on our websites and web/mobile applications. After the given fifteen (15) days period, or by its sole discretion, GIC will bring all modifications in this T&C into effect. In cases where user finds any or all of the revised T&C, user will have to stop using GIC websites and web/mobile applications. By continuing to access or use them after the T&C are revised, you agree to be bound by the revised T&C.
Changes to User Subscription/Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GIC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Disclaimer of Warranties & Limitation of Liability
GIC WEBSITES AND WEB/MOBILE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND GIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF GIC WEBSITES AND WEB/MOBILE APPLICATIONS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIC DOES NOT WARRANT THAT ITS WEBSITES, WEB/MOBILE APPLICATIONS, SERVERS, OR E-MAIL SENT FROM GIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS WEBSITES AND WEB/MOBILE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Disputes
Any dispute relating in any way to your GIC websites and web/mobile applications you purchase through GIC shall be submitted to confidential arbitration in Delaware, USA, except that, to the extent you have in any manner violated or threatened to violate GIC's intellectual property rights, GIC may seek injunctive or other appropriate relief in any state or federal court in the state of Wisconsin, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, & Severability
Please review our other policies and disclaimers. These policies also govern your visit to GIC websites and web/mobile applications. We reserve the right to make changes to our websites, web/mobile applications, policies, and these T&C at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Violations and Comments
GIC requests and encourages its users to report any violations of this T&C and our other policies or provide any comments or questions by emailing us at [support@gna.genomels.com]. You agree, however, that If you make or provide any suggested improvements, enhancements, comments, recommendations or other feedback with respect to GIC websites, web/mobile applications or its other products and services , you hereby grant to GIC an unlimited, royalty-free, worldwide, irrevocable, perpetual, fully sublicensable, transferable license to use and exploit such suggestions in any way for any purpose under any intellectual property rights in, to and under such suggestions you may have.