Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content. By accessing, browsing or using our websites or any of our content, you, on behalf of yourself or your entity, as applicable, acknowledge that:
1. You have read and understand all of these terms and conditions;
2. You agree to be bound by all of these terms and conditions;
3. These terms and conditions are the legal equivalent of a signed, written contract between you and neurona health; and
4. If accessing, browsing or using our websites or any of the content available on our websites on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions. If you are not willing to be or cannot be bound by all of these terms and conditions, including without limitation the preceding agreement and acknowledgement, then do not do not access, browse or use our websites or any the content available on our websites. Moreover, neurona does not and will not grant you any right or license to access, browse or use our websites or the content available on our websites without your willingness and ability to be bound by all of the terms and conditions of this agreement.
This genetic testing terms of service (the “Agreement” or “Terms”) is an agreement between you and Neurona Health Inc. (collectively, “Neurona Health”, “Neurona”, "us", "our" or"we") and sets forth the legally binding terms for your use of genetic testing services purchased or received through our website www.neuronahealth.com or any other websites controlled or operated by us, such as the online symptom checker and the physical genetic test kit based on providing a sample. “PRS Kit”, "Service" or "Services" means Neurona Health's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
By using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s guardian, conservator, or custodian, or as parent of a minor child, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.
Neurona Health may also provide other services to consumers including through our website, and the Website Terms govern your use of the website. Please read the Website Terms carefully before using Neurona Health’s services.
Please refer to our Notice of Privacy Practices to learn how Neurona Health collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996).
Note that these Terms are in addition to the Website Terms and supersede any terms where there is a conflict between those terms and these Terms. If you do not agree to any of the terms of the Notice of Privacy Practices, Website terms or the Terms, you must not use and you must discontinue using any of our services or products.
You consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with Services or otherwise sign up for a PRS Kit or provide any contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us.
Registration Obligations. In consideration of your use of the Site, you represent and agree that you are of legal age to form a binding contract and will provide true, accurate, current and complete information about yourself as prompted by Site for becoming a registered user or member. You do not have to become a member of the Site to use the Site. We reserve the right to deny, in our sole discretion, any user access to the Site without notice for any or no reason.
We do not provide medical advice. As a result of the current state of genetic knowledge and understanding, the information from the PRS Kit provided by Neurona Health is for research, informational, and educational use only. You understand and agree that the GeneticTest is an informational test and not a diagnostic test, and that its results are intended solely for use by a healthcare provider. The PRS Kit is not intended to be a substitute for professional medical advice. Neurona Health does not provide medical services, diagnosis, treatment, or advice. Nothing contained in the PRS Kit results or made available through the PRS Kit service(s) (e.g., consults with Neurona Health’s independent physician network, genetic counselors or clinical pharmacists) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between Neurona Health and you. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
We do not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned as part of the PRS Kit or Services. If we provide to you on our website any recommendations that identify for you, based on your Genetic Information and Self-Reported Information (as defined below)and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. "Self-Reported Information" means information you provide to us, either through the use of the PRS Kit or through a third party, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Neurona Health account or that you authorize a third party to provide to Neurona Health. Reliance on any information you provided to Neurona Health by Neurona Health employees is solely at your own risk.
The PRS Kit is intended for individuals located and residing in the United States. However, the PRS Kit may not be available in certain U.S. states. You will be notified if the PRS Kit is not available in the state in which you are located. You agree that any and all data you provide or make available in connection with the PRS Kit shall relate only to users located in the United States. By using the PRS Kit, you confirm that you are located in the United States when you receive the Services.
By accessing the results of a PRS Kit, you agree to, acknowledge, and represent as follows:
You understand that information you learn from Neurona Health 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 PRS Kit is intended for research, informational, and educational purposes only, and that while Neurona Health 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 Neurona Health urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your PRS Kit.
You give permission to Neurona Health, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva, cheek swab or blood sample and you specifically request Neurona Health to disclose the results of analyses performed on your DNA to you and to others you specifically authorize. The DNA extracted from your samples will be converted into a digital file that represents your raw genetic information which we refer to as your “genetic information”.
You are guaranteeing that any sample you provide is your saliva, blood or cheek swab; if you are agreeing to these Terms 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.
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 take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and/or your Self-Reported Information.
You warrant that you will not use the Services for any purpose that is unlawful or prohibited by law or by any Neurona Health terms, conditions, or notices.
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 Neurona Health or its collaborators. 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,Neurona Health 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 Neurona Health and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you have given consent for your genetic information and Self-Reported Information to be used by Neurona Health as described in the applicable informed consent document, we may disclose your information to third parties as described in the applicable Consent Document. Neurona Health may study a specific group or population; identify potential areas or targets for therapeutics development; conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions; work with public, private and/or non-profit entities on genetic research initiatives; or otherwise create, commercialize, and apply any data or information you provide or that is derived from the data you provide to improve health care. Neurona Health will not release your genetic information and Self-Reported Information in a personally identifiable format to any third party without asking for and receiving your explicit consent to do so, unless required by law, except to our service providers and others acting on our behalf.
We store your genetic sequencing and related data as required by applicable laws and regulations, and we may use this data to conduct subsequent testing or analysis but will only share it in a personally identifiable format in the event that (a) you consent to any new product or service offering; or (b) our review of medical literature and/or changes in technology indicate that such analysis is useful or necessary to confirm results provided. Such subsequent testing or analysis may also require an updated physician order.
You acknowledge and agree that Neurona Health may de-identify the sequenced genetic information and aggregate this genetic information with de-identified genetic information from other clients for research performed for new product development purposes. De-identification means that personal identifiers associated with your genetic information will be removed. The de-identified genetic variants may be submitted by Neurona Health to public variant databases like ClinVar to advance medical research. Your genetic information, Self-Report Information, and results may each also be de-identified, stored and used for internal quality assurance; internal validation studies; improvement of all current product areas that Neurona Health offers; business intelligence; and in publications authored solely by Neurona Health, disclosing only aggregated information (which publications may include, for example, de-identified family history) as well as for developing and offering new products and services and commercialization of services, therapeutics, diagnostics and other offerings with a third party.
Neurona Health is offering a secure and convenient method of payment for the portion of services that you will be responsible for if a physician approves your PRS Kit and for which you are liable upon approval. Your credit card information is kept confidential and secure and payments to your card are processed only after the physician approves your PRS Kit. You authorize Neurona Health to capture your credit card information and securely store your credit card on file. You authorize Neurona Health to charge your credit card on file for any balance owing on your account up to a maximum of $4000 depending on the number of PRS Kit ordered. If you are receiving a test via one of Neurona Health’s sponsored testing programs, you will not be charged. You agree that Neurona Health may charge your credit card on file for the balance due when they receive a copy of the physician request for the PRS Kit. This authorization relates to all balances not previously paid for services provided by Neurona Health. You understand that this credit card on file billing authorization is valid until you deliver a 30-day advance written notice to cancel the authorization to Neurona Health. Written notice must be submitted to Neurona Health at info@neuronahealth.com. You certify that you are an authorized user of this credit card and that you will not dispute this payment with your credit card company; so long as the transaction corresponds to the terms indicated in this form.
Once you obtain the results of your PRS Kit (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 us, your physician, a genetic counselor, or other health care provider.
You should understand that you may learn upsetting information about your genetic profile and risks for various medical conditions and diseases. These outcomes could have social, legal, or economic implications.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.
You should not change your health behaviors solely on the basis of Genetic Information from Neurona Health. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Neurona Health Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitely develop the disease or condition. In either case, if you have concerns or questions about what you learn through Neurona Health, you should contact your physician or other health care provider. Please note that genetic risk assessment is not applicable to results of genetic screening tests.
Genetic research is not comprehensive. While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Neurona Health is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our Service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues, respectively, has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that further protect individuals with regard to their Genetic Information. You should consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
Furthermore, Genetic Information that you choose to share with your physician or other healthcare provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
If you request Neurona Health to deactivate your account, your account will be deactivated.This means your login and account access will be terminated, and Neurona Health will not provide you with any of the Services going forward (including, without limitation, any PRS Kit results that have not yet been reported, or any updates or changes to your PRS Kit results).
You agree to defend, indemnify and hold harmless Neurona Health, its subsidiaries and its affiliates, and their respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (i) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (ii) your use of materials or features of the Services in an unauthorized manner.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE PRS Kit IS AT YOUR SOLE RISK. THE PRS Kit IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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) WE MAKE NO WARRANTY THAT (a) THE PRS Kit WILL MEET YOUR REQUIREMENTS; (b) THE PRS Kit WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEPRS Kit WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRS Kit 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 PRS Kit 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 Neurona HealthOR THROUGH OR FROM THE PRS Kit SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DOCUMENT. Neurona Health DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PRS Kit AND, THEREFORE, Neurona Health SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PRS Kit.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEURONA HEALTH 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 NEURONA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PRS Kit; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE PRS Kit; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) THE IMPROPER AUTHORIZATION FOR THE PRS KIT BY SOMEONE CLAIMING SUCH AUTHORITY; (e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (f) 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.
Notices to you may be made via either email or regular mail. Neurona Health 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:
Neurona Health at info@neuronahealth.com.
Additionally, Neurona Health accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
These Terms, the Notice of Privacy Practices, consents and any other agreements incorporated by reference herein or that link back to these terms by Neurona Health constitute the entire agreement between you and Neurona Health with respect to access to and use of the PRS Kit, superseding any prior agreements between you and Neurona Health on this subject that are in conflict with this agreement.
The failure of Neurona Health to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
These Terms and your use of the Services are governed by the laws of the State of California, without respect to its conflict of law principles.
Your permission to use the PRS Kit automatically terminates if you violate these terms. Neurona Health shall not be liable if, for any reason, all or any part of the PRS Kit is unavailable. Upon termination of these terms, any provision that by its nature or express terms should survive will survive such termination.
If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force and effect.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be void and 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, Neurona Health for any third party that assumes our rights and obligations under this Agreement.
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