1. Login, Password, Security, if Applicable
- Your user identity. Your Personalized Medicine Portal username (e-mail address) and will be your identity for purposes of interacting with DNA Direct and other users through the site.
- Login, passwords, and password access. You shall use your password solely in accordance with this Agreement and notify DNA Direct: Web site Information, 400 Buckwalter Place Blvd., Bluffton, SC 29910; e-mail: firstname.lastname@example.org, if you learn of or suspect any loss, theft or unauthorized use of your password, if applicable.
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from DNA Direct. As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
4. No Professional Advice or Solicitation of Business
5. Off-Label Use
Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.
6. Links to Third-Party Services, if applicable
a. Links to Third-Party Services
b. Links to Other DNA Direct Services
To the extent that content is identified on the Service as authored by a third party, DNA Direct is not the author.
8. Copyright Rights
Unless otherwise provided, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by DNA Direct or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Service confers on you any license or right under any copyright of DNA Direct or any third party.
The Service and the information contained in the Service are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of DNA Direct. Modifications of the contents of the Service are a violation of DNA Direct's copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Service should be addressed to Web site Information, DNA Direct, 400 Buckwalter Place Blvd., Bluffton, SC 29910; e-mail: email@example.com.
You may freely browse this Service and download materials contained on this site for your personal, non-commercial use. However, no material or images from this Service may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without the express written permission of DNA Direct.
9. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of and designs of all DNA Direct or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DNA Direct or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of DNA Direct or any third party.
10. Termination/Modification of this Agreement
11. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
12. Disclaimer of Warranties; Limitations of Liability
While DNA Direct uses reasonable efforts to include accurate and up-to-date information on the Service, DNA Direct makes no warranties or representations as to its accuracy. The materials contained on the Service are provided "AS IS" and without any implied or express warranties. DNA Direct does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site is free of viruses or other harmful components. DNA Direct does not warrant or make any representations regarding the use or results of the use of the Service in terms of accuracy or reliability. Anyone accessing this site assumes the entire cost of all necessary computer or network servicing, repair or correction. Under no circumstances will DNA Direct be liable for any special or consequential damages that result from the use of, or inability to use, the Service.
DNA Direct will notify you of any claim, made by a third party for liability or expense arising from your use of the Service in whole or in part, directly or indirectly. You in turn agree to indemnify, defend and hold harmless DNA Direct and its related parties for any such claim, including reasonable attorney's fees, upon request and notice from DNA Direct.
14. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide DNA Direct's Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that DNA Direct may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
DNA Direct's Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows:
DNA Direct, Inc.
400 Buckwalter Place Blvd.
Bluffton, SC 29910
DNA Direct will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above. United States law provides significant penalties for submitting such a statement falsely.
15. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and DNA Direct expressly agree to submit to the exclusive jurisdiction and venue of the courts in California in all disputes arising out of or relating to the use of this Service.
16. No Waiver
The failure of DNA Direct to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
17. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DNA Direct with respect to your use of this Service subject to the separate terms and conditions of other sites or services to which this Service is linked. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18. Forward Looking Statements
This site contains "forward-looking statements," as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this site should be evaluated together with the disclosure regarding DNA Direct in our registration statements and periodic reports filed with the Securities and Exchange Commission, including the risks and uncertainties facing our business described therein.
Date last modified September 27, 2011