1. ACCEPTANCE OF TERMS
Gene Action Ltd ,. ("GeneAction," "we," "us," "our") provides this website to you subject to the following Terms of Service ("TOS"). We may update this TOS by posting a new version here, and your continued use of the service after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue all use of the Service immediately.
2. DESCRIPTION OF SERVICE
The www.Gene-Action.com website offers information about our products and services, including marketing the Respiragene™ genetic test, and provides users the ability to order a test (collectively, the "Service"). The Respiragene™ test, as processed by Molecular Diagnostics Laboratories, LLC ("MDL") gives users a personalised score showing susceptibility to lung cancer, based on genetic and non-genetic factors. This web site offers information aimed at individuals and Doctors about the science behind the test, the process for testing, how to understand test scores, and the benefits of stopping smoking. The test itself is carried out in whole by MDL. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this TOS.
3. NON-COMMERCIAL USE
You acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, de-compile, disassemble, or reverse engineer any portion of the Service.
4. NOT MEDICAL ADVICE
The contents of the Service, including but not limited to all text, graphics, and images appearing on the Service, are for informational purposes only, and do not constitute medical advice. Our Service enables you to provide individual genetic material and to input certain non-genetic information for forwarding to an affiliated laboratory for processing, but we do not offer any medical services. Save for, upon your request, a single telephone consultation with an independent doctor to discuss your test results in confidence. If you need medical advice or attention, please contact a Doctor.
5. MODIFICATIONS TO SERVICE
GeneAction reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that GeneAction shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
6. DEALINGS WITH THIRD PARTIES
Your correspondence or dealings with third parties, including but not limited to your interactions with Doctors, laboratories, insurance companies or medical payment agencies in conjunction with the Respiragene™ test (such as payment for or delivery of services, and terms, conditions, warranties or representations of third parties), are solely between you and such third party. You agree that GeneAction shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Service may provide links to other Internet or resources. Because GeneAction has no control over such sites and resources, you acknowledge and agree that GeneAction is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GeneAction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Respiragene™ test are owned by Synergenz Bioscience Ltd. Gene Action are authorised or licensed by Synergenz for use in the UK. All other rights relating to the Service are reserved by GeneAction. The Service and the contents thereof, including but not limited to the Service, are owned by GeneAction or its licensors. You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorised by GeneAction, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
9. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "as available" basis. GeneAction expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. GeneAction assumes no responsibility for the timeliness, deletion, misdelivery or failure to provide any content or to store any information.
b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
c. No advice or information, whether oral or written, obtained by you from GeneAction or from or through the Service shall create any warranty not expressly stated in the TOS.
10. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT GeneAction SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GeneAction HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.
11. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
12. TRADEMARK INFORMATION
Respiragene™ and other names, logos and marks are the trademarks and service marks of Synergenz Bioscience Ltd (the "Synergenz Marks"). You agree that you will not display the Synergenz Marks, or use the Synergenz Marks in any manner, without the prior written permission of Synergenz Bioscience Ltd.
13. CHOICE OF LAW AND FORUM
The TOS and the relationship between you and GeneAction shall be governed by the laws of England and Wales without regard to its conflict of law provisions. By using the Service, you agree that any controversy or claim arising out of or relating to this TOS shall be brought in the courts of England and Wales, and you agree to waive all jurisdictional and venue defenses otherwise available. GeneAction controls the Service from its offices within the United Kingdom, and the Service is intended for use only in the United Kingdom.
14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and GeneAction with respect to the Service and supersedes any prior agreements, oral or written, between you and GeneAction.
Waiver and Severability of Terms. The failure of GeneAction to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.