Terms of Use

Lineagen, Inc.
WEBSITE TERMS OF USE

AGREEMENT BETWEEN USER AND LINEAGEN, INC.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY.

The Lineagen websites comprise various web pages operated by Lineagen, Inc.  (the“Website” or collectively, “Websites”).  The Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By proceeding with your use of the Websites, you acknowledge that your use of the Websites is subject to Lineagen’s Terms of Use and to Lineagen’s Website Privacy Policy.

TERMS OF USE – IN GENERAL

By using this Website, you agree to be legally bound and to abide by these Terms of Use, just as if you had signed this agreement.  If you do not comply with these Terms of Use at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Websites (or any part thereof).  In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Websites.  You agree that any termination or cancellation of your access to, or use of, the Websites may be effected without prior notice. If you do not abide by the provisions of these Terms of Use, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or prevent any further access to such information and/or files, or our Websites.  Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.

THE WEBSITES DO NOT PROVIDE MEDICAL ADVICE

Do not rely on the Lineagen Websites or any content accessed on or through it for medical advice – consult your physician. The content on the Lineagen Websites such as text, graphics, images, information obtained from Lineagen content and service providers, and other material ("Content") and services are for informational purposes only.  The Content is not intended to be a substitute for individual professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through any portion of the Lineagen Websites.  Medical information may change rapidly and Lineagen cannot verify the accuracy or timeliness of any of this information.

Lineagen does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Lineagen Websites. Reliance on any information provided by Lineagen, Lineagen employees, others appearing on the Web Site at the invitation of Lineagen, or other visitors to the Web Site is solely at your own risk.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms of Use. You acknowledge that the Lineagen Websites contain content (including information, software, photos, video, text, graphics, music, sounds, questions, messages, comments, feedback, ideas, notes, drawings, articles and other materials) (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own or license a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Websites are trademarks of their respective owners. Lineagen is the trade name and the registered trademark and servicemark.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. If Content is downloaded to your computer, you do not obtain any ownership interest in such Content.  Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other websites or networked computer environment is strictly prohibited unless you receive our prior written consent.   Lineagen cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection by software viruses or other harmful computer code, files or programs.  Any software available for download via the Websites is the copyrighted work of Lineagen and/or its licensors.  Use of such software is governed by the terms of the end user license agreement that accompanies or is included with, or otherwise covers, the software.  Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

BECOMING A REGISTERED USER

There is no cost to become a registered user of our Websites. You do not have to become a registered user to use the Websites.  However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Websites.

If you elect to become a registered user of our Websites, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate.  Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Websites (or any portion thereof).  You agree not to assign, transfer or sublicense your rights as a registered user of this Websites.

VIDEOS POSTED ON THE WEBSITE

The health information provided in the videos on Lineagen Websites is provided for general education purposes and is not intended to constitute medical advice, nor does it serve as a specific product endorsement.  The information should not be used for diagnosis or treatment, nor should it be used to replace the advice of your physician or other qualified health provider.  Health concerns should be discussed with your personal physician. 

LINKS TO THIRD PARTY SITES

The Lineagen Websites may contain links to other websites ("Linked Sites").  The Linked Sites are not under the control of Lineagen and Lineagen is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Lineagen is not responsible for webcasting or any other form of transmission received from any Linked Site. Lineagen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lineagen of the site or any association with its operators.

LINKING TO LINEAGEN WEBSITES

If you would like to link to one or more Lineagen Websites you must following Lineagen link guidelines.  Unless specifically authorized by Lineagen, you may not connect “deep links” to any of the Websites, i.e., create links to the website that bypass the home page or other parts of the website.  You may not mirror or frame the home page or any other pages of the Lineagen Websites on any other web site or web page.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Lineagen Websites, you warrant to Lineagen that you will not use the Lineagen Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Lineagen Websites in any manner which could damage, disable, overburden, or impair the Lineagen Websites or interfere with any other party's use and enjoyment of the Lineagen Websites.  You may not obtain or attempt to obtain any materials, information or Content through any means not intentionally made available or provided for through the Lineagen Websites.

MATERIALS PROVIDED TO LINEAGEN OR POSTED AT ANY LINEAGEN WEBSITES

Lineagen does not claim ownership of the materials you provide to Lineagen (including feedback and suggestions) or post, upload, input or submit to any Lineagen Websites or its associated services (collectively "Submissions").  However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lineagen, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lineagen is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lineagen' sole discretion.   By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Any other provision of these Terms of Use to the contrary notwithstanding, Lineagen and its licensors reserve the right to change, suspend, remove or disable access to any product or service, Content or other materials comprising a part of the Websites at any time without notice.  In no event will Lineagen be liable for making such changes.  Lineagen may impose limits on the use of or access to certain features or portions of the Websites, in any case without notice or liability.

You understand that by using the Websites, you may encounter material that you may deem to be offensive, indecent or objectionable, and that such Content my or may not be identified has having explicit material.  Nevertheless, by using the Websites, you agree to use them at your sole risk and Lineagen will have no liability to you for material that may be found to be offensive, or objectionable. 

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Websites (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact security@lineagen.com.

YOUR PASSWORD AND USER ACCOUNT

If you are a registered user or subscriber of any of the Websites, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account and for any and all activities that are conducted through your Lineagen account.  You are solely responsible for all activities that occur on or through your account.  Lineagen will not be responsible for any losses arising out of the unauthorized use of your account resulting from your breach of this agreement..

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LINEAGEN WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LINEAGEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LINEAGEN WEBSITES AT ANY TIME.  ADVICE RECEIVED VIA THE LINEAGEN WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LINEAGEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LINEAGEN WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LINEAGEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINEAGEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LINEAGEN WEBSITES, WITH THE DELAY OR INABILITY TO USE THE LINEAGEN WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LINEAGEN WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE LINEAGEN WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LINEAGEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES, LINEAGEN’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LINEAGEN WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LINEAGEN WEBSITES.

TERMINATION/ACCESS RESTRICTION

Lineagen reserves the right, in its sole discretion, to terminate your access to the Lineagen Websites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, U.S.A. in all disputes arising out of or relating to the formation, performance or breach of this agreement or the use of the Lineagen Websites or any Lineagen service. Your use of the Lineagen Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lineagen as a result of this agreement or use of the Lineagen Websites. Lineagen’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lineagen's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Lineagen Websites or information provided to or gathered by Lineagen with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lineagen with respect to the formation, performance or breach of this agreement or the use of the Lineagen Websites or any Lineagen service and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between the user and Lineagen with respect to such subject matter. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Websites.  You agree to indemnify, hold harmless and, at our option, defend Lineagen and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms of Use, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Lineagen Websites are: © 2016 Lineagen, Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  You are prohibited from using any of the marks or logos appearing throughout the Lineagen Websites without permission from the trademark owner, except as permitted by applicable law.

Any rights not expressly granted herein are reserved.

MISCELLANEOUS TERMS

In any action against us arising out of the formation, performance or breach of this agreement or the use of the Websites or any Lineagen service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

We may assign our rights and obligations under these Terms of Use.   You may not assign your rights or obligations under these Terms of Use without Lineagen’s prior written consent and any purposed assignment by you in violation of this agreement shall be void.  These Terms of Use will inure to the benefit of our successors, assigns and licensees.  The failure of Lineagen to insist upon or enforce your strict performance with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of Lineagen's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.   Lineagen may notify you with respect to the Websites by sending an email message to your account email address or a letter via postal mail to your account mailing address, or by a posting on the Websites.  Notices shall become effective immediately.