Effective date: January 31, 2023
1. Use of the Services. You must be at least 18 years old to use the Services. You will comply with all applicable laws, rules and regulations in connection with your use of the Services. You will not violate or attempt to violate the security of the Services or Simplify Genomics’ systems or network security, including, without limitation by (i) accessing data not intended for users of the Services or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Services, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Services (through use of manual or automated means).
2. Creating an Account. Although you may be able to visit the Site without registering, certain data or other parts or features of the Services may only be accessible by signing up for an account. Further, certain data or other parts or features of the Services may only be accessible by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
3. Simplify Genomics’ Proprietary Rights. The Services, including all of its contents (including, text, images, audio, and the HTML used to generate the pages and any data and results available through the Services) (“Content”), are the property of Simplify Genomics or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from the Services in whole or in part, for any public or commercial purpose without prior written consent from Simplify Genomics. Subject to these Terms, Simplify Genomics grants you a limited, personal, non-exclusive, non-transferable license to access the Services, and to use the Content, solely for personal, internal, and non-commercial purposes. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. Simplify Genomics (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Without limiting the foregoing, as between you and Simplify Genomics (or other companies whose marks appear on the Services), Simplify Genomics (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Services (the “Marks”). Nothing on the Services should be construed to grant any license or right to use any Marks. You may not use or exploit any Marks without prior written consent from Simplify Genomics.
4. Privacy. The Services may contain a feature that permits you to provide us with your email address or send us an email message. You understand any information and/or materials you provide will not be treated as confidential or proprietary. We will only use your email address to send you messages regarding Simplify Genomics; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Simplify Genomics will also collect information during your visit to the Services through automatic data collection tools, including cookies, such as your IP address and clickstream behavior). You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
Simplify Genomics may freely use the foregoing information for its business purposes, and may disclose such information, in order to:
• provide the Services or any requested information;
• troubleshoot problems with the Services;
• customize your experience on Services;
• analyze how you and others use the Services;
• enforce our Terms and other agreements;
• contact you with more information about Simplify Genomics;
• comply with law, court order or other legal process; or
• protect the rights, property, or safety of Simplify Genomics and its affiliates, our employees, our users, or others.
Please note that while we endeavor to protect the privacy of your personal information we collect, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time
The Services are not directed to children, and if you are under 13, you may not provide Simplify Genomics with any personally identifiable information about you whatsoever. If Simplify Genomics discovers it has collected any personally identifiable information from a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Simplify Genomics will immediately delete such information.
6. No Medical Advice; Not Healthcare Services. Simplify Genomics does not offer medical advice or diagnoses, or any other healthcare services, or engage in the practice of medicine, including without limitation, any medical counseling, testing, prescription, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, “Healthcare Services”). The Services are not intended to be a substitute for Healthcare Services provided by licensed healthcare providers, and are instead offered for informational purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, or other healthcare advice by Simplify Genomics.
The Services are not meant to diagnose or treat any conditions; only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by Simplify Genomics or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Our provision of the Services does not create a medical professional/patient relationship between you and Simplify Genomics or between you and any other individual or entity and does not constitute an opinion, medical advice, or diagnosis or treatment. The Services and Content are for general informational purposes only. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare providers should never withhold professional medical advice or delay in providing it because of something they have read in connection with our Services.
7. Disclaimer of Warranties. THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SIMPLIFY GENOMICS (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO DATA, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS MEDICAL ADVICE OF ANY KIND.
8. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SIMPLIFY GENOMICS OR ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (SIMPLIFY GENOMICS AND ALL SUCH PARTIES TOGETHER, THE “SIMPLIFY GENOMICS PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, EVEN IF ANY SIMPLIFY GENOMICS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY SIMPLIFY GENOMICS PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SERVICES, EXCEED, IN THE AGGREGATE, $100.00.
9. Indemnity. You agree to indemnify and hold the Simplify Genomics Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder).
10. General Information. These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Diego County, California. The failure of Simplify Genomics to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Simplify Genomics’ express written consent. These Terms inure to the benefit of Simplify Genomics’ successors, assigns, and licensees. These Terms are the entire agreement between you and Simplify Genomics with respect to the subject matter herein.
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