Terms of Service
Updated: November 11, 2020
Psomagen, Inc., (“Psomagen”, “we”, “our”) offers a variety of genetic and microbiome testing services generated through processing of your biological specimen by Psomagen or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Psomagen.
The following Terms of Service (“Terms of Service”) govern all use of (1) the http://mypsomagen.com
website (the “Site”), which is owned by Psomagen, Inc.; and/or (2) any of the Services offered by Psomagen made available through the Site (together with the Site, collectively the “Services”).
Please review these Terms of Services as they govern your use of the Services. BY ACCESSING, BROWSING, OR USING THE SERVICES, OR BY CLICKING TO AGREE TO THESE TERMS OF SERVICE WHEN THAT OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY STATEMENT
, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY STATEMENT
THEN PLEASE DO NOT USE OR ACCESS THE SERVICES.
Psomagen controls and operates the Services from its offices within the United States. Claims relating to, including the use of, the Services, Psomagen Content, and the Content contained herein are governed by the laws of the United States and the State of Virginia, regardless of your country of origin or where you access Psomagen, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Psomagen and you agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of these Services shall be filed only in the state or federal courts located in Virginia, United States of America, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action that is not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use these Services. If you choose to access these Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
While we are licensed in Virginia as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for genetic testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses. Do not use or attempt to use our Services if you live within such a jurisdiction.
Your access to or use of the Services constitutes your acceptance of all the provisions of these Terms of Service. Except as otherwise provided herein, these Terms of Service apply to any use of the Services, regardless of whether or not the user submits a biological sample or not, including but not limited to:
submitting biological specimen for DNA extraction and processing,
uploading a digital version of your information generated through processing of your biological specimen by Psomagen or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Psomagen (“Genetic and Microbiome Information”) and interacting with it on the Psomagen website, and/or
creating and using a free Psomagen account without providing your biological specimen or Genetic Information.
In order to use the Services, you must first agree to these Terms of Service. You may not use the Services if you do not accept the Terms of Service.
You can accept the Terms of Service by:
clicking to accept or agree to the Terms of Service, where this option is made available to you by Psomagen;
by accessing the Site and creating an account;
placing an order; or by
actually using the Services.
In this case, you acknowledge and agree that Psomagen will treat your use of the Services as acceptance of the Terms of Service. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time on the Site or otherwise made available to you.
All such guidelines or rules are hereby incorporated by reference into the Terms of Service. Psomagen also may offer other services from time to time that are governed by different terms of service.
You may not use the Services or accept the Terms of Service if (1) you are not of legal age to form a binding contract with Psomagen, or (2) 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 the Services. This applies whether you submit your own biological specimen, a biological specimen for anyone for whom you have legal authority to agree, otherwise provide your own Genetic or Microbiome Information, create an account, or place an order.
In addition, if you contribute or otherwise provide your own Genetic and Microbiome Information, you must be eighteen (18) years of age or older to agree to these Terms of Service on behalf of yourself or those for whom you have legal authority to agree. You must be at least 18 years old to purchase or activate a DNA kit. To protect your privacy when you share your DNA with us, each adult who submits a sample must create his/her own account.
While our Services are intended for adults, if you are between the ages of 13 and 18, you may use the Services with your parent's or guardian's permission. Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any information that can be used to identify you, either alone or in combination with other information (“Personal Information”) directly from children under the age of 13. If Psomagen becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.
Psomagen Services are for informational and educational use only. We do not provide medical advice, diagnosis, or treatment services.
You use the Service at your own risk. No health care, medical advice or diagnostics are provided as part of the Service and we are not a healthcare organization, health service provider, dietitians or a medical organization. The Service does not constitute medical advice, treatment or diagnosis and is not a substitute for seeking professional medical advice or services. Our Service has not been evaluated by any Food and Drug Administration (FDA) and is not intended to diagnose, cure or prevent any disease. You should not rely on the Service as a substitute for qualified medical advice.
1. Description of the Services
The Services include access to the Psomagen public website and personal genome and microbiome analysis services, including the collection and analysis of your biological specimen. Unless explicitly stated otherwise, each new feature shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided "AS- IS" and are based on the current state of the art of genetic and microbiome research and technology in use by Psomagen at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Psomagen is constantly innovating in order to provide a positive experience for its users. You acknowledge and agree that the form and nature of the Services which Psomagen provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Psomagen may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Psomagen's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Psomagen when you stop using the Services unless you are requesting closure of your account. Psomagen assumes no responsibility for the use of Services outside of these Terms of Service or other applicable terms.
In order to use the Services, you must obtain Internet access and provide all equipment necessary to make such Internet connection. You are solely responsible for providing such equipment. You acknowledge and agree that while Psomagen may set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service at any time, at Psomagen's discretion.
2. Risks and Considerations Regarding Psomagen Services
Once you obtain your Genetic and Microbiome 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 Psomagen, your physician, a genetic counselor, or other health care provider.
We encourage you to talk to a genetic counselor, a health professional with special training in genetic and microbiome conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether our Services are right for you.
Some people feel a little anxious about getting genetic and microbiome health results.
This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample(s).
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 you may not have the ability to control or change.
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 biological specimen does not contain a sufficient volume of DNA, you do not provide both saliva and stool samples, you do not provide enough biological specimen, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Psomagen will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, Psomagen will offer to send another kit to the user to collect a second sample at no charge. If the user sends a second sample and Psomagen's attempts to process the second sample are unsuccessful, Psomagen will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Psomagen, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Services directly from herself or himself or in concert with another. If the user breaches these Terms of Service and resubmits another sample through a future purchase of the Service and processing is not successful, Psomagen will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
If you do not provide both the saliva and stool sample the results will not be comprehensive.
If you have ordered a kit for both the Gene Traits and Gutbiome tests and do not provide both of the saliva and stool samples specifically as required in the test kits, Psomagen will only run those tests that it is able to do based on the biological sample you provided and the amount of biological sample provided. Notwithstanding anything to the contrary herein, if any of the tests are unable to be performed and/or results are not accomplished because of your failure to provide the appropriate biological sample or samples as required in the applicable test kits, you will not be entitled to and Psomagen will not provide a refund and/or a new test kit.
You should not change your health related choices solely on the basis of information from Psomagen.
Do not act upon the Genetic and Microbiome Information resulting from Psomagen unless you first discuss your Genetic and Microbiome Information with your health care provider. There may be other contributing factors to your trait and microbiome, so the genetic and microbiome assessments provided by Psomagen do not definitely mean you develop human traits or health conditions. The Services do not constitute medical advice, treatment or diagnosis.
Genetic and Microbiome 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 microbiome, and an important mission of Psomagen is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic and microbiome 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 and microbiome. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetic and Microbiome Information you share with others could be used against your interests.
You should be careful about sharing your Genetic and Microbiome Information with others. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic and Microbiome Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic and Microbiome Information before you share it with anybody.
Psomagen does not endorse, warranty 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 on the Site. If we provide to you on the Site any recommendations that identify for you, based on your Genetic and information about yourself, 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 Psomagen account (“Self-Reported Information”) and scientific literature or research, potentially actionable information, this information is solely intended for informational purposes only and for discussion with your physician or other healthcare provider.
Psomagen believes that:
genetics is only part of the picture of any individual's state of being,
the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and
only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any.
Reliance on any information provided by Psomagen, Psomagen employees, others appearing on our website at the invitation of Psomagen, or other visitors to our website is solely at your own risk. The Services do not constitute medical advice, treatment or diagnosis.
3. User Representations and Warranties
By accessing Psomagen Services, you agree to, acknowledge, covenant, warrant and represent as follows:
You understand that the information you learn from Psomagen is not designed to independently diagnose, prevent, or treat any condition or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Psomagen services are intended for informational, and educational purposes only, and that while Psomagen information might appear to point to a diagnosis or to a possible treatment, it cannot be relied upon as medical advice, treatment or diagnosis and it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Psomagen urges you to seek the advice of your healthcare provider if you have questions or concerns arising from your Genetic and Microbiome Information.
You give permission to Psomagen, its contractors, successors and assignees to perform genomic services on the DNA extracted from your saliva and/or stool sample and you specifically request Psomagen 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 saliva and/or stool sample or accessing your Genetic and Microbiome Information and/or providing your Self-Reported Information.
You hereby guarantee that any sample you provide is your own; if you are agreeing to these Terms of Service 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 agree that any biological sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You will not resell DNA test kits
You warrant 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 understand that all your Personal Information will be stored in Psomagen databases and will be processed in accordance with the Psomagen Privacy Statement
You will not send us your saliva and/or stool sample if you have reason to believe you have an active infectious disease.
If you are outside the U.S., you will not send us a sample if sending us a sample would violate any export ban or other restriction in the country in which you reside or from which you are sending the sample;
You will not use the information obtained from the Services (including any downloaded raw DNA data) in whole, in part and/or in combination with any other database, for any medical, diagnostic or paternity testing purpose or for any discriminatory purpose or illegal activity.
Waiver of Property Rights: You understand that by providing any sample, having your Genetic and Microbiome Information processed, accessing your Genetic and Microbiome Information, or providing Self-Reported Information, you acquire no rights in any research or products that may be developed by Psomagen or its partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic and Microbiome 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 Psomagen has the right, in its sole discretion, 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 hold harmless, defend and indemnify Psomagen and its affiliates against any liability, costs, or damages arising out of the breach of these representations and warranties.
4. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to:
provide true, accurate, current, and complete Registration Information (as defined below) about yourself as prompted by the Service; and
maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
As part of the registration process you will be requested to provide certain personal data, including among others name, address, email address, telephone number, payment information, username, password and certain health information (collectively the “Registration Information”). If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Psomagen has a reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Psomagen has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you will create a password and account designation. Select a password that would be difficult to guess, and change it regularly as an added precaution. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to and do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. Psomagen is not responsible or liable for any inaccurate information you provide. In some cases, an account may be assigned to you by an administrator. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.
You are solely responsible for any and all activity that occurs on your account, and you must keep your password confidential and secure. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password, whether authorized or unauthorized by you.
We reserve the right to take such action in our discretion to help ensure the security of the Services, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (a) any action or inaction of Psomagen under this provision or (b) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by Psomagen’s breach of the express terms of these Terms of Service, as proved by clear and convincing evidence. You may not use anyone else’s account at any time. If you suspect or become aware of any unauthorized activity or access to your username or password you must contact us immediately at email@example.com. Additionally, you agree to ensure that you exit from your account at the end of each session. Except as otherwise expressly stated in these Terms of Service or required by applicable law, Psomagen cannot and will not be liable for any loss, theft, or damage arising from your failure to comply with this Section.
5. Psomagen Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement
. You may not use the Services if you do not accept the Privacy Statement
. You can acknowledge and agree to the Privacy Statement
by (1) clicking to accept or agree to the Privacy Statement
, where this option is made available to you by Psomagen for any Service; or by (2) actually using the Services.
You acknowledge and agree that Psomagen has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement
sets forth the only expectations of privacy any individual should have in terms of usage of the Services, Site, or other systems.
You acknowledge and agree that Psomagen is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Psomagen may owe pursuant to ethical and other professional rules, laws, and regulations;
enforce the Terms of Service;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of Psomagen, its employees, users, clients, and the public.
In such event we will notify you through the contact information you have provided to us, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Psomagen may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement
for information about how we collect, use and disclose information about you. If you choose to download a copy of your raw DNA data, you are responsible for storing, securing and protecting that downloaded data.
6. Site Contents, Ownership, and Use Restrictions
The information contained on the Site, including all text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, or licensed to Psomagen or their respective owners, and are protected under both United States and foreign laws.
As a condition of your use of the Services, you represent and warrant to Psomagen that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. The Services are for use only in the country to which your sample collection kit was shipped from Psomagen. You may not use the Services outside of the country to which your sample collection kit was shipped.
Furthermore you agree not to use the Services or to:
upload, post, email, or otherwise transmit any material that is, or may reasonably be considered to be derogatory, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
impersonate any person or entity, including, but not limited to, anyone affiliated with Psomagen, or falsely state or otherwise misrepresent your affiliation with a person or entity;
add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
"stalk" or otherwise harass another;
upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use;
download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Psomagen or any other party;
harm minors in any way;
solicit, for commercial purposes, any users of the Services with respect to advertisements or offers to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
create, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that interfere with other users’ enjoyment of the Services, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
upload, post, email, or otherwise transmit any material that contains software viruses, worms, defects, Trojan horses or any other computer code, files, programs or items of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Psomagen servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Psomagen grants the operators of public search engines permission to use spiders to copy Contents from the Services for the sole purpose of creating publicly available searchable indices of the Contents, but not caches or archives of such Contents and provided that such spiders do not affect operation of the Services. Psomagen reserves the right to revoke these exceptions either generally or in specific cases;
engage in "framing," "mirroring," or otherwise simulating the appearance or function of Psomagen's website;
attempt to or actually override any security component of Psomagen web services;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Psomagen;
intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; or
use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
You acknowledge and agree that you are solely responsible for (and that Psomagen has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Psomagen may suffer) of any such breach. In case of breach of any one of these agreements Psomagen has the right to suspend or terminate your account and refuse to grant you or your authorized designees any and all current or future use of the Services (or any portion thereof) and you will hold harmless, defend and indemnify Psomagen and its affiliates against any liability, costs, or damages arising out of the breach of the foregoing representation and warranty.
If you violate the terms of this Section and/or Psomagen has a reasonable ground to suspect that you have violated the terms of this Section, Psomagen has the right to suspend or terminate your account and refuse to grant you or your authorized designees any and all current or future use of the Service (or any portion thereof).
7. 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:
that providing your sample is not subject to any export ban or restriction in the country in which you reside,
that your sample and data may be transferred and/or processed outside the country in which you reside, and
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 the Services online.
8. Material Provided to Psomagen - Your Proprietary Rights
Genetic and Microbiome and/or Self-Reported Information.
Disclosure of individual-level Genetic and Microbiome and/or Self-Reported Information to third parties will not occur without your consent, unless required by law. Note that Psomagen cannot control any further distribution of Genetic and Microbiome and/or Self-Reported Information that you share publicly on the Site. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Psomagen has no obligation to do so on your behalf.
Your saliva and/or stool sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic and Microbiome Information derived from your saliva and/or stool remains your information, subject to rights we retain as set forth in these Terms of Service. You understand that you should not expect any financial benefit from Psomagen as a result of having your Genetic and Microbiome Information processed; made available to you; or, as provided in our Privacy Statement
and Terms of Service, shared with or included in the Genetic & Microbiome and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified shared with research partners, including commercial partners.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
your Self-Reported Information;
use of the Services;
breach of these Terms of Service;
any breach of your representations and warranties set forth in these Terms of Service;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Services with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If you have submitted a biological specimen or otherwise provided your own Genetic and Microbiome Information and/or Self-Reported Information, you will indemnify, defend and hold harmless Psomagen, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your Genetic and Microbiome Information, which is disclosed to you consistent with our Privacy Statement
or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and Microbiome and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to indemnify, defend and hold harmless Psomagen, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and Microbiome and/or Self-Reported Information.
10. No Resale of Service
Unless otherwise agreed in a separate agreement between you and Psomagen, you agree not to disassemble, reverse engineer, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
11. General Practices Regarding Use and Storage
You acknowledge that Psomagen 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 Psomagen'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 Psomagen 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 and Microbiome Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Psomagen reserves the right to change these general practices and limits in its sole discretion.
12. Modifications to Service
Psomagen 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 (1) modifications may result in a delay in computations for some of the Psomagen features or Services, and (2) Psomagen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software (as defined below) that you use may from time to time automatically download and install updates from Psomagen. 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 Psomagen to deliver these to you) as part of your use of the Services.
You acknowledge that Psomagen may offer different or additional technologies or features to collect and/or interpret Genetic and Microbiome 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 and Microbiome Information without fee, and that you will have to pay additional fees in order to have your Genetic and Microbiome Information collected, processed, and/or interpreted using any future or additional technologies or features.
This Terms of Service is effective until terminated by either party. We may terminate or suspend these Terms at any time without notice to you. If you want to terminate your legal agreement with Psomagen, you may do so by notifying Psomagen at any time in writing, which will entail closing your accounts for all of the Services. Your notice should be sent, in writing, to Psomagen's address, which is set out on the Site, or online via firstname.lastname@example.org. If you provide notice online, Psomagen 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.
We may terminate or suspend the Services at any time (and in conjunction therewith, your password and account(s)) with no notice to you, if:
you have breached any provision of the Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms of Service);
Psomagen is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
the partner with whom Psomagen offered the Services to you has terminated its relationship with Psomagen or ceased to offer the Services to you;
Psomagen 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
the provision of the Services to you by Psomagen is, in Psomagen'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 Psomagen shall not be liable to you or any third party for any termination of your access to the Services.
Upon termination of these Terms of Service, you shall destroy all Content obtained from the Services and all related documentation thereof, whether made under the Terms of Service or otherwise. The Terms of Service will terminate immediately without notice from Psomagen if in Psomagen’s sole discretion you fail to comply with any provision of the Terms of Service. Upon termination, you must destroy all Content obtained from the Services, whether made under the provisions of the Terms of Service or otherwise.
14. Survival of Terms
Provisions of these Terms of Service that, by their nature, should survive termination of these Terms of Service will survive termination of these Terms of Service.
15. 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 Psomagen 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.
16. Psomagen's Proprietary Rights
You acknowledge and agree that Psomagen (or Psomagen's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights therein (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 Psomagen and that you shall not disclose such information without Psomagen'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 the Services and Contents are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Except as explicitly stated in these Terms, Psomagen and its licensors reserve all rights in and to the Services, Software and the Content. We may, but are not obligated to, monitor your use of the Services and Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services, Software, and Content for your own personal, non-commercial use.
However, such license is subject to these Terms of Service and does not include any right to:
sell, resell, rent, lease, loan, or commercially use our Services or Content;
copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors;
modify, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services, Software, of Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Content;
use any data mining, robots or similar data gathering or extraction methods; and
use our Services or Content other than for their intended purposes.
Any use of our Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
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 Psomagen and/or its suppliers. Your use of the Software is governed by these Terms or Use and any 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.
Unless you have been expressly authorized to do so in writing by Psomagen, you agree that in using the Services, you will not use any trademark, 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, Psomagen 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 Psomagen, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Psomagen, in the manner permitted by the Terms of Service. Unless Psomagen 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 Psomagen for use in accessing the Service. Any rights not expressly granted herein are reserved.
17. Disclaimer of Warranties
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER PSOMAGEN NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, THE CONTENT OF THE SITE, AND THE PSOMAGEN CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
THE SERVICES ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. BY OBTAINING SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES AS MEDICAL ADVICE, TREATMENT, DIAGNOSIS, OR OTHERWISE UTILIZE IN CONNECTION WITH THE MANAGEMENT OF YOUR HEALTH UNLESS UNDER THE DIRECTION OF AN APPROPRIATELY QUALIFIED HEALTHCARE PROFESSIONAL.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
ALTHOUGH PSOMAGEN BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, PSOMAGEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PSOMAGEN DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE SITE OR APPLICATION WILL BE AS REPRESENTED BY THIRD PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS,
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR WILL NOT CONTAIN ERRORS, OR
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
The Content and Services may be out of date and Psomagen makes no commitment to update the information regarding Content and the Services. However, in an effort to provide you with the most current information, Psomagen will, from time to time, make changes in the Content and in the Services described on this Site. Psomagen does not operate as a broker or an accounting, financial, or investment planner or advisor. Psomagen does not provide financial, business, accounting, securities, tax, or legal advice.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.
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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSOMAGEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. PSOMAGEN DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, PSOMAGEN SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ERRORS.
17. Limitation of Liability
EXCEPT WHERE PROHIBITED, PSOMAGEN SHALL NOT BE LIABLE FOR:
THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES;
ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES
ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
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;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).
THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR:
LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES;
THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT;
ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM,
ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PSOMAGEN’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Official notices related to this Terms of Service must be sent to us at:
Attn: Privacy Statement
21351 Gentry Drive
Sterling, VA 20166
Additionally, Psomagen accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
19. Changes to the Terms of Service
Psomagen may make changes to the Terms of Service from time to time, without providing notice to you. When these changes are made, Psomagen will make a new copy of the Terms of Service 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 Terms of Service have changed, Psomagen will treat your use as acceptance of the updated Terms of Service.
20. Violation or Suspected Violation of Terms of Service
If you violate the terms of these Terms of Service and/or Psomagen has a reasonable ground to suspect that you have violated the terms of these Terms of Service, Psomagen 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).
21. Consent to Use Electronic Communications
To the extent permitted by applicable law, you consent to electronically receive all records, notices, communications, and other items for all Services provided to you under these Terms of Service and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail).
By accepting and agreeing to these Terms of Service electronically, you represent that:
you have read and understand this consent to receive Communications electronically;
you satisfy the minimum hardware and software requirements specified below; and
our consent will remain in effect until you withdraw your consent as specified below.
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at email@example.com. If you withdraw your consent to receive Communications electronically, we will close your account, and you will no longer be able to use your account or the Services, except as expressly provided in these Terms of Service. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your account. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
In order to access and retain Communications provided to you electronically, you must have the appropriate software systems and hardware systems to accept such electronic Communications.
We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these TOS, without obligation to deliver notice to you of such termination or change.
All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Transmissions (as defined below), creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement
1. Entire Agreement
The Terms of Service constitute the entire agreement between you and Psomagen and govern your use of the Services, superseding any prior agreements between you and Psomagen 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.
The failure of Psomagen to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 of Service remain in full force and effect.
3. 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 Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
4. 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.
5. Section titles
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
6. Severability Clause
If any portion of these Terms of Service 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 these Terms of Service. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Psomagen for any third party that assumes our rights and obligations under this Agreement.
Access and use of the Service and any content or information made available through the Service is personalized for each subscriber and intended only for the subscriber's own personal use and only in compliance with this Agreement.
The Site may also contain links to third party websites that are not owned or controlled by Psomagen. Psomagen makes no representations or warranties regarding any websites, information or content that may be accessible through this Service that is not maintained, controlled or created by Psomagen. Further, Psomagen assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites.
Psomagen will not censor or edit the content of any third-party websites. Additionally, because Psomagen does not control non-Psomagen sites or the products advertised therein, you acknowledge and agree that Psomagen is not responsible for the availability of such non-Psomagen sites, products, or services, and is neither responsible nor liable for any content, advertising, products, services or other materials on or available from such sites. In no event shall any reference to any non- Psomagen site, product or service be construed as an approval or endorsement by Psomagen of such site, product or service. Please see our Privacy Statement here
for further details. By using the Site, you expressly relieve Psomagen from any and all liability arising from your use of any third-party website.
You are authorized to use the Services, solely for your own personal and non-commercial use, and all other uses are prohibited. You agree not to use the Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password in order to use the Services.
23. Text Messaging
Stopping Text Messages
To permanently cease receiving text messages from Psomagen, reply STOP to any Psomagen message. You can also adjust your settings through the Service. If you stop receiving text messages, we will alert your employer who may need to contact you another way.
Text Messaging Fees
You may sign up to receive certain Psomagen notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO PSOMAGEN. Message and data rates may apply. You agree that if the mobile telephone number you provide at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Psomagen of any such reassignment or termination by calling 301-251-1007 or by sending an email to firstname.lastname@example.org. All charges are billed by and payable to your mobile service provider. Psomagen does not charge for sending or receiving text messages. Data obtained from you in connection with this service may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the services. All data obtained is subject to our Privacy Statement
You acknowledge that any text messages you receive from Psomagen are distributed via third-party mobile network providers. As a result, Psomagen cannot control certain factors relating to message delivery. You further acknowledge that neither Psomagen nor your wireless carrier is liable for delayed or undelivered text messages.
24. User Transmissions; Security
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Transmissions”) on the Services. You can only post Transmissions if you own all the rights to those Transmissions, or if another rights holder has given you permission.
You do not transfer ownership of your Transmissions simply by posting them. However, by posting Transmissions, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive), worldwide, right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Transmissions. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Transmissions you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
By submitting any Transmissions to Psomagen, you represent and warrant that:
the Transmissions are true, accurate, current, and complete;
you are not and shall not misrepresent your identity or your Personal Information;
you shall promptly notify us of changes to your Personal Information by updating your account on the Site or Application.
you are the sole author and owner of the Transmissions and any intellectual property rights thereto;
all “moral rights” that you may have in such Transmissions have been voluntarily waived by you;
you are at least 18 years old; and
use of the Transmissions you supply does not violate these Terms of Service and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Transmissions:
that are known by you to be false, inaccurate or misleading;
that infringes any third party’s intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
that are, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that include any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the company or individual you have been authorized by; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
Psomagen, in its sole discretion, reserves the right to change, condense or delete any Transmissions that Psomagen deems, in its sole discretion, to violate the Privacy Statement
or any provision of these Terms of Service, and may terminate your account, prohibit you from using the Services, and take appropriate legal actions in connection with the same. Psomagen does not guarantee that you will have any recourse through Psomagen to edit or delete any Transmissions you have submitted. Psomagen reserves the right to remove or to refuse to post any Content for any reason. You acknowledge that you, not Psomagen, are solely responsible for the Transmissions and the consequences of posting or publishing them. Psomagen has taken reasonable steps to ensure the confidentiality of information collected in the Services and any Transmissions. However, unexpected changes in technology may be used by unauthorized third-parties to intercept confidential information and Psomagen cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
We are not responsible for, and do not endorse, Transmissions posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Transmissions posted by another user.
Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Psomagen for certain costs and damages.
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with generally accepted industry standards that are designed to guard the Site, our systems Transmissions provided by our Users. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Statement
26. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to
21351 Gentry Drive
Sterling, VA 20166
or by calling 301-251-1007. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd
Sacramento, CA 95834
27. Third-Party Beneficiary; Additional Terms
You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms of Service, with all rights to enforce such provisions as if such service providers were a party to these Terms of Service.
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Site (the “Additional Terms”), which are hereby incorporated by reference into these Terms of Service. In the event of a conflict between any Additional Terms and these Terms of Service, these Terms of Service will control.
28. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If the Parties are unable to resolve a any controversy or claim arising out of or relating to the Site, use of the Site, these Terms of Service and/or the Privacy Statement
(each a “Dispute”) through informal negotiations, you and Psomagen agree that the Dispute (except those Disputes expressly excluded below) shall be settled by binding arbitration to be held in Sterling, Virginia in accordance with the rules then in effect of the American Arbitration Association The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. To the extent permitted by law, Psomagen shall pay the administrative fees associated with the arbitration, except for the first $300.00 in administrative fees for any arbitration that is initiated by me, and each of us shall separately pay our counsel fees and expenses. The arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Psomagen shall be entitled to arbitrate their dispute. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Class Action Waiver
The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly:
There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Agreement in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.
Notwithstanding any other clause or language in this document, Arbitration Agreement and/or any rules or procedures that might otherwise apply by virtue of this document or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.
The Class Action Waiver and any other provision of this Arbitration Agreement, shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.
29. NOTICE AND TAKE DOWN PROCEDURES
If you believe any information, Content, or Transmissions (together, the "Materials") on the Services infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act.
To follow those procedures, contact the DTC Regulations Team at Psomagen (address below) and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Accretive can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Psomagen’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
Attn: DTC Regulations Team
21351 Gentry Drive
Sterling, VA 20166
30. Contact Us
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to:
Attn: Terms of Service
21351 Gentry Drive
Sterling, VA 20166