LIMITATION OF LIABILITY
IN NO EVENT WILL ADMERA HEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR AN INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMERA HEALTH ENTITIES FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (ii) $50 USD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT AND ONLY TO THE EXTENT THAT AN EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU WILL THIS TERM BE AFFECTED. THE SAME WILL NOT INVALIDATE ANY OTHER TERM OR CONDITION CONTAINED IN THE TERMS FOR SERVICE WHICH SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.
DISPUTE RESOLUTION AND ARBITRATION
Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Admera Health arising out of or relating to the Terms (“Disputes”) shall be governed by New Jersey law regardless of your state or country of origin or where you access Admera Health, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in New Jersey, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
This Site is controlled and operated Admera Health, LLC. Admera Health makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. In all cases, You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.
It is the policy Admera Health to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Admera Health, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that users may view, use and download a single copy of this Website for a user’s personal-informational, non-commercial use. Except as provided herein, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Admera Health. The use or misuse of Admera Health’s trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.
COLLECTION AND FURTHER USE YOUR INFORMATION
In order to obtain Services, you will voluntarily submit sensitive personal information, for example, information relating to your health or your personal or family medical history. You are not required to provide this information and, if you do not want to do so, you may simply not use this Service. By providing us with this information, however, you consent to us processing your sensitive personal data for the purpose of providing your Results, and for any other purpose contemplated by the Service (WWW.ADMERAHEALTH.COM/PRIVACY).
In the event that legal process requires, You give us permission to disclose personal data/information in order to comply with a legal or regulatory obligation.
We will keep your data only for as long as is reasonably needed for the purposes set forth in these Terms of Service and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
Admera Health may terminate use of this Website or any of our features or Services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, You must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning or applicable to You, as well as Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnities and jurisdictional issues in connection with You or for which you may be involved shall survive any such termination. If use of this Website is terminated pursuant to these Terms, You will not attempt to use this Website under any name, real or assumed, and further agree that if You violate this restriction after being terminated, You indemnify and hold us harmless from any and all liability that we may incur therefore.
This Website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.
STATE OF SCIENCE
Genetics is a field that is evolving quickly. Scientists are always discovering new details about how to interpret DNA data. They are also learning that some previous discoveries are not valid. Admera’s laboratory developed tests are based on the current state of knowledge. As our knowledge improves, the insights the laboratory developed tests give you may change. Laboratory developed tests may also be able to give you new insights based on the same Genetic Information.
Admera Health may revise or modify these Terms from time-to-time. Such changes, revisions or modifications shall be effective immediately. It is incumbent upon You to be current with the terms of the Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this Website by you after shall be deemed to constitute acceptance of the Terms as may be revised from time-to-time.
Admera Health will use reasonable efforts to include accurate and up-to-date information on the Website, however, any information presented on the Website as of a particular date may only be accurate as of the date written below and Admera Health disclaims any responsibility to update such information. Information about companies other than Admera Health contained in news, press releases or otherwise that are posted on the Website should not be relied upon as being provided or endorsed by Admera Health.
You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Admera Health will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
If any term or condition in these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of these terms and conditions; or the validity or enforceability in other jurisdictions of that or any other provision of the terms and conditions contained in the Terms of Service.
You acknowledge that these Terms, together with the Terms & Conditions, represent the entire agreement between you and Admera Health with respect to the Service, and that no other representations or promises, verbal or otherwise, will affect these Terms of Service.
If you have any questions about these Terms, please let us know by calling 1-844-4ADMERA or 1-844-423-6372 (toll free), emailing clientcare@ADMERAHEALTH.COM, or sending us a message using the contact form on our contact us page.