Your use of Wellness Traits’s Services (see definitions below) is subject to the terms defined in these TOS. These TOS apply to any use of Wellness Traits’s Services, including:
- Providing a digital version of your Genetic Information and interpreting the analysed data and information on Our Site; and/or
- Registering and using a free Wellness Traits account without providing a row DNA file or Genetic Information.
- Interacting with Wellness Traits website
You may not use Wellness Traits’s Services if you do not accept these TOS.
You can accept the TOS by
- clicking to accept or agree to the TOS, where this option is made available to you by Wellness Traits for any Service;
- actually using the Services. In this case, you acknowledge and agree that Wellness Traits will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Wellness Traits Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time.
You are granted a non-exclusive, non-transferable limited license to use Wellness Traits’s Services ("Service" or "Services") for the products purchased or offered for free (if any).
By accessing or using the website and/or ordering Wellness Traits services ("Wellness Traits"), you agree to be legally bound by these Terms and Conditions outlined below and Terms of Service.
You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by Wellness Traits or by the content owners in a separate written contract or agreement.
"Aggregate Genetic and Self-Reported Information" – Genetic and Self-Reported Information that has been obtained from User Registration Information and has been combined with data from other Users which is de-identified enough to minimise the exposure of individual information while still providing enough scientific evidence to be meaningful.
"Genetic Information" – means Personal Information relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question.
"Information" - means any data received by Wellness Traits from Users for Purposes of providing the Services or making Our Site available, and includes Personal Information, Genetic Information and Sensitive Personal Information.
"Site" - means the website that Wellness Traits owns, located at https://staging.wellnesstraits.com/.
"Personal Information" - means any data about a person that can be used to identify the person, whether directly or indirectly, and includes data such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and as further defined in applicable laws.
"Registration Information" – details captured when registering for our services and/or purchasing a product for an account to be set up with personal login credentials and will be used to provide you with your chosen services. You will be asked to provide details such as name, contact details and DOB to facilitate service delivery, communicate with you and perform identity verification during inbound and outbound contact.
"Self-Reported Information" – any details shared with us by the User. It may include Personal Information, medical conditions, sports-related information, ethnicity, family history, and other information that you enter in surveys, forms or features while entering our site.
"Services" - Wellness Traits’s’s products, services and website (including graphics, text, images and other information displayed on Our Site), DNA testing, reporting and follow up consultations with our expert teams.
"User" - means you, the person making use of Our Site and/or the Services and whose Information we Process as a result.
“Data Subject” - means the person whose genetic and other personally identifiable data is submitted to us for processing.
"User Content" - all other information provided by Users not including Genetic Information and Self-Reported Information. This information is distributed publicly or privately, to or through Wellness Traits.
"Web Behavior Information" is information on how you use the Wellness Traits website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
Whether you submit your own raw DNA file, a raw DNA file for anyone for whom you have legal authority to agree, or otherwise provide your own or someone else’s Genetic Information without submitting a raw DNA file, you must be (a) at least 18 years of age regardless of permission from parents or guardians, and (b) lawfully able to use the Service under the laws where you reside.
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.
Service Description and Report Content
The Services provided by Wellness Traits include the Wellness Traits public website and personal genotyping services, including the collection and analysis of your raw DNA file.
The information on the website or in Wellness Traits reports is for informational, research, and/or general educational purposes. It is not intended to be used for medical advice or diagnosis or treatment. You acknowledge and agree that the Services are provided "AS-IS."
Genetic predisposition information provided by Wellness Traits is based on the best available peer-reviewed scientific literature and our predisposition engine uses a state of the art patent-pending risk assessment methodology. As research progresses and scientific knowledge and technology evolve, Wellness Traits 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 Wellness Traits provides may change from time to time without prior notice to you.
Limitations of Genetic Information
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 your physician, a genetic counselor, or other health care provider.
Learning about one’s Genetic Information is not for everybody. In some cases, Genetic Information may provide knowledge and information that may be unexpected or cause distress. You should consider the impact the information may have on you before using Wellness Traits Services.
We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counselor also can help you understand your results and options.
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.
Only a small selection of genetic variants specifically associated with wellness traits. The scientific community is still learning about genetics, and one of our goals is to contribute to this research. Additionally, many ethnic groups differ or are not included at all in many genetic studies. Similarly, some scientific studies may be based solely on research of one sex. As our services interpret Genetic Information based on published scientific studies, some of the interpretations that we provide may not be applicable. In addition, future genetic research may change how DNA is interpreted by Wellness Traits.
Genetic Information provides limited insight into health and fitness. It is only one aspect of an individual’s entire health and fitness outlook and should not be assumed to be conclusive.
Wellness Traits does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our site. If we provide guidance on what might work for you based on Genetic and Self-Reported Information or scientific research, this is intended for research, information and educational purposes only.
No medical advice is provided, and Genetic Information reported has not been clinically validated. You should not change your health behaviors solely on the basis of information from Wellness Traits.
Health, fitness, nutrition or wellness behaviours should not be altered solely based on the information provided by Wellness Traits. You should understand that as scientific research advances, additional services from Wellness Traits, or from a healthcare professional might be necessary to assess and understand the meaning of one’s DNA, now and in light of new scientific information. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by Wellness Traits services. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which also affect wellness traits.
Incidental Findings - During the course of testing, we collect information on a large number of single nucleotide polymorphism (SNPs). As a company, we focus our analysis and reporting on information related to fitness, nutrition, allergies and personality, that can be used by you to make changes in those areas. A subset of the SNPs we collect information on may have been associated, in some studies, to a specific trait not related to nutrition or fitness, including associations to a specific disease or increased susceptibility to a specific disease.
When, as a result of sequencing a portion of DNA, additional genetic information not related to the primary purpose of sequencing is found, that information is referred to as an incidental or secondary finding. We will not report information to you that is not related to the original purpose of our testing – i.e. fitness, nutrition, allergies and personality - because we are not a medical company. In addition, the research on genetic associations is continually evolving, and whilst a SNP may currently be associated with a phenotypic trait, including a disease, in the future further research may disprove this link. Similarly, SNPs which are currently not associated with any disease may be in future. Finally, even if a SNP may be statistically associated with a disease state, the magnitude of its impact may be unclear, and may not be clinically significant. As such, Wellness Traits provides only information related to fitness, nutrition, allergies and personality predispositions.
Sharing Genetic Information
Sharing Genetic Information with companies, family, friends or employers should be done with caution as it may be used against your best interests and in some cases, may have limited meaning today, but could have a greater meaning in the future.
Genetic information shared with a healthcare provider can become part of your medical records and can potentially be accessed by third-party health care providers or insurance companies.
Residents of the US should understand that the Genetic Information Nondiscrimination Act ("GINA") protects individuals’ Genetic Information from use by health insurance providers and employers, but does not apply to disability insurance, life insurance or long-term care insurance providers. Choosing to share Genetic Information with these insurance providers is done at your own risk and if in doubt, should be discussed with a legal professional to understand the legal protections when sharing Genetic Information before disclosure.
Research - The technology used by Wellness Traits which is also used by the research community, has not been used for clinical testing. To speed the understanding and the applications of genetic knowledge for clinical use, we may invite Users to voluntarily consent to participate in Wellness Traits Research.
Use of third party genetics testing, analysis or reporting services:
Wellness Traits does not do DNA sequencing and uses third party labs to do it. We may also use genetic analysis services for the test results to generate reports. Due to such partnership, your DNA file will be shared with the third party to generate your assessments. You will be given an option to use such an account to review your personal assessmnent report and manage your account directly with such services. That requires to create an account automatically and link it to your DNA test results. Wellness Traits choses those partners in its sole direction. DNA Wellness reports are powered by Lifenome Genomics API. We share your genetic testing data anonymously provided with the genetic testing services and/or in partnership with other analysis / reporting services to produce genetically-influenced well-being and ancestry reports. The services provided by such third party providers is governed by their terms and conditions, which they will present the user upon registration with their service. Wellness Traits takes no responsibility for genetic testing services or risk analysis, modeling, research, conclusions of such reports generated or provided by third parties and merely presents such results to you as a user and/or refers you to their sites for more information. The average time to prepare the results is 30-60 minutes.
You may stop using the Services at any time.
You do not need to specifically inform Wellness Traits when you stop using the Services unless you are requesting closure of your account. Wellness Traits assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
Wellness Reports: Wellness Reports are a digital service and once they are generated for you, there is no rollback therefore DNA Wellness Reports are non-refundable.
User Conduct - Unlawful and Prohibited use
You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service. Additionally, you specifically agree to not use the Services to:
- Upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, colour, origin, sexual orientation, sex, gender, age or other status;
- Impersonate another person, including anyone affiliated to Wellness Traits, or misrepresent your affiliation with someone else;
- Add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Service;
- “Stalk" or harass someone else;
- Upload, post or share any content that you cannot transmit under any law;
- Use information that you receive through the Services to try and identify or contact other customers (except when using features designed by the website to contact other Users to connect);
- Download any files that are shared by other Users that you know you cannot legally distribute;
- Upload, post or share any content that infringes any patent, trademark, or proprietary rights of Wellness Traits and other parties;
- Harm minors in any way;
- Advertise, buy or sell any goods or services for business purposes, unless Wellness Traits provides a portion of the Services specifically designed to allow you to do so;
- Upload, post or share any unauthorized advertising, such as "junk mail" or "spam", except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
- Upload, post or share any information that contains viruses or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment; use software, devices or services to interact with the Services or Wellness Traits’s servers unless explicitly permitted by Wellness Traits;
- Engage in "framing" or simulating the function of Our Site;
- Override, or attempt to override, security components in Wellness Traits’s web services;
- Interfere or disrupt the Services, networks, or Users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;
- Violate the Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from Wellness Traits; or
- Violate any municipal, provincial, national or international law, or any regulations within the law.
Intellectual Property and Site Use
The trademarks, service marks, logos and other information and materials described or appearing on the website are protected by applicable trademark, patent, copyright and other laws. None of the trademarks, service marks, logos and other information and materials on the website may be used in any advertising or publicity, or otherwise to indicate Wellness Traits’s affiliation with, or sponsorship of, any product or service without Wellness Traits’s written consent.
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 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Wellness Traits’s Services online.
Material Posted Through The Service
Wellness Traits 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-Wellness Traits content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Wellness Traits be liable in any way for any non-Wellness Traits 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 Wellness Traits 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, Wellness Traits and its designees shall have the right to remove any content that violates the TOS or is deemed by Wellness Traits, 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 Wellness Traits - Your Proprietary Rights
Wellness Traits does not claim ownership of the User Content you provide to Wellness Traits (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 Wellness Traits, its affiliated companies, sublicensees 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 Wellness Traits to make such User Content available to other companies, organizations, or individuals with whom Wellness Traits has relationships, and to use such User Content in connection with the provision of those services.
You understand that Wellness Traits , in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Wellness Traits to take these actions. You represent and warrant to Wellness Traits that you have all the rights, power, and authority necessary to grant the above license.
Genetic and/or Self-Reported Information
Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Wellness Traits cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Wellness Traits website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Wellness Traits has no obligation to do so on your behalf.
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 Wellness Traits 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 Wellness Traits, 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.
Disclaimer of Content and Warranties; Limitation of Liability
Wellness Traits attempts to keep all the information on the website and in the reports up-to-date. However given the fast-changing nature of genomics science, the content of this website may need to be updated. While Wellness Traits is committed to maintaining high quality scientific information available, Wellness Traits makes no warranties or representations as to the accuracy of the content of the website or the reports, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this website or the reports. Your use of the website is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on the website. You assume the entire risk of loss in using this website and the reports as well as the information and materials contained on the website and the reports.
Resale or Gifting of Service
Other than pursuant to Limited License as described earlier or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.
Wellness Traits Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Wellness Traits, via an unapproved third party or have received the kit as a gift, Wellness Traits reserve the right to decline the processing of samples and/or issuing of reports.
General Practices Regarding Use and Storage
You acknowledge that Wellness Traits 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 Wellness Traits'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 Wellness Traits 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 Wellness Traits reserves the right to change these general practices and limits in its sole discretion.
Modifications to Service
Wellness Traits 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 (i) modifications may result in a delay in computations for some of the Wellness Traits features or Services, and (ii) Wellness Traits shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Wellness Traits. 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 Wellness Traits to deliver these to you) as part of your use of the Services.
You acknowledge that Wellness Traits 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 Wellness Traits as set out in this Section.
If you want to terminate your legal agreement with Wellness Traits, you may do so by notifying Wellness Traits at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Wellness Traits’s address, which is set out at the beginning of the TOS, or online via Customer Care. If you provide notice online, Wellness Traits will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Wellness Traits may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Wellness Traits is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Wellness Traits offered the Services to you has terminated its relationship with Wellness Traits or ceased to offer the Services to you; (4) Wellness Traits is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Wellness Traits is, in Wellness Traits's opinion, no longer commercially viable.
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 Wellness Traits shall not be liable to you or any third party for any termination of your access to the Services.
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 Wellness Traits 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 the Wellness Traits Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Wellness Traits has no control over such sites and resources, you acknowledge and agree that Wellness Traits 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 Wellness Traits 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.
Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Wellness Traits 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 these TOS shall continue to apply to such rights, obligations, and liabilities indefinitely.
Wellness Traits's Proprietary Rights
You acknowledge and agree that Wellness Traits (or Wellness Traits'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 Wellness Traits and that you shall not disclose such information without Wellness Traits'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 Wellness Traits, 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 Wellness Traits 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.
Wellness Traits logos and product and service names are trademarks of Wellness Traits and these marks together with any other Wellness Traits trade names, service marks, logos, domain names, and other distinctive brand features. Unless you have agreed otherwise in writing with Wellness Traits, other than through the Limited License, nothing in the TOS gives you a right to use any Wellness Traits marks and you agree not to display, or use in any manner, Wellness Traits.
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 Wellness Traits, 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, Wellness Traits 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 Wellness Traits, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Wellness Traits, in the manner permitted by the TOS. Unless Wellness Traits 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 Wellness Traits for use in accessing the Service. Any rights not expressly granted herein are reserved.
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. Wellness Traits 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) Wellness Traits 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; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (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 Wellness Traits 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. Wellness Traits DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Wellness Traits 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 Wellness Traits 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 Wellness Traits 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 PASSWORD OR ACCOUNT 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. Wellness Traits 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: email@example.com
Additionally, Wellness Traits accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Changes to the Terms of Service
Wellness Traits may make changes to the TOS from time to time. When these changes are made, Wellness Traits 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.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Wellness Traits will treat your use as acceptance of the updated TOS.
Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or Wellness Traits has a reasonable ground to suspect that you have violated the terms of these TOS, Wellness Traits 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).
Entire Agreement. The TOS constitutes the entire agreement between you and Wellness Traits and governs your use of the Services, superseding any prior agreements between you and Wellness Traits 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.
Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Wellness Traits arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin or where you access Wellness Traits, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Stamford, Connecticut, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Waiver. The failure of Wellness Traits 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.
Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Wellness Traits.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section Termination.
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, Wellness Traits for any third party that assumes our rights and obligations under this Agreement.
By accessing Wellness Traits Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from Wellness Traits is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information.
- You understand that the Wellness Traits services are intended for research, informational, and educational purposes only, and that while Wellness Traits information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information.
- You acknowledge that Wellness Traits 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 Wellness Traits, its contractors, successors and assigns to perform genotyping services on the raw DNA file and you specifically request Wellness Traits 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 raw DNA file or accessing your Genetic Information.
- You are guaranteeing that any sample you provide is your raw DNA file; if you are agreeing to these 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.
- If you are a customer outside the U.S. providing a raw DNA file, you confirm that this act is not subject to any export ban or restriction in the country in which you reside. You agree that any raw DNA file you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- 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.
- 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 Wellness Traits 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 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 Wellness Traits 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 Wellness Traits and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
When submitting genetic information to Wellness Traits, you give permission to Wellness Traits to generate you health and wellness reports. By creating an account, you hold Wellness Traits harmless of all consequences of taking your DNA assessments. Accordingly, any disputes will be resolved by arbitration.