Consent and Terms of Service Agreement
- Acceptance of Terms
Your use of BioMarker’s products, services and web sites (collectively “Service”) is subject to the terms of this legal agreement between you and BioMarker Pharmaceuticals. In order to use the Service you must first agree to these terms. You consent to processing your sample and genotyping the DNA in your sample. You may not use GeneEssence™ Services or subscribe to GeneEssence™ Report if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use GeneEssence™. You acknowledge acceptance of these terms by clicking when you order your Gene Essence™ genotyping test. - Description of Service
The Service includes the genotype analysis performed on your DNA sample provided when you mail in the test kit as well as access to the web site where you can view your Gene Essence™ Report. When your Gene Essence™ Report has been generated you will be notified by email and you will then be able to create a password to access your report. You are responsible for maintaining the confidentiality of the password and for access to your report. In the event of known or suspected unauthorized access to your report you agree to immediately notify BioMarker Pharmaceuticals. You agree to not hold BioMarker Pharmaceuticals liable for any loss or damage arising from unauthorized use of your password. - Information Privacy
The information that you provide when you submit your test kit as well as information that is generated during the collection and processing of your DNA sample, including the analysis and reporting of your genotype data is subject to our Privacy Policy. For full information please review our Privacy Policy. - Medical or Health Advice
The Service is to be used for informational and educational purposes only and is not intended to be used for any decisions regarding medical or legal matters or as a substitute for professional medical advice. The Service is not to be used to make an ascertainment or prediction of a disease or health-related or physical condition, or to diagnose, prevent, treat or cure a disease or health-related condition. For any healthcare-related matters you should consult with your physician or other qualified professional health care provider. - Disclaimer of Warranties
BIOMARKER PHARMACEUTICALS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, INFORMATION ON THE SITE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. - Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIOMARKER PHARMACEUTICALS 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 BIOMARKER PHARMACEUTICALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE, (c) 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 SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE. - General Legal Terms
This Terms of Service Agreement constitute the entire agreement between you and BioMarker Pharmaceuticals. You agree to hold harmless BioMarker, its employees, contractors, successors and assigns from any liability arising from the use or disclosure of any information that is obtained from testing your DNA or that is disclosed to you, including without limitation, your disclosure of your genetic information to third parties for diagnostic purposes, or for any other purposes. This agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Please also note the following:
- Gene Essence test cannot predict if diseases will develop
- Presence of a risk carrying allele does not mean that the development of the disease is inevitable
- Your health/disease condition is influenced by lifestyle and environment, in addition to genetic factors
- Presence of risk allele indicates that the individual is more susceptible to a particular condition
- Once you down load your personal Gene Essence Report™, your data is no longer secured by the layers of encryption provided on our secured servers. What you do with your data and your Gene Essence Report™ is fully your responsibility.