1. Informed Consent
By accessing or using the Site or the Services, you give permission to Good Start Genetics, Inc., its affiliates and third party vendors to perform genetic testing on the sample(s) you provide and to disclose the test results to you, your ordering health care provider, and any other person you designate. You will be required to sign an Informed Consent before providing any sample(s) and undergoing testing.
2. Estimation of Costs and Payment for Services
We provide certain Services through the Site, including the ability to estimate your personal out of pocket expenses and to pay amounts due. We attempt to provide information regarding out of pocket costs that is complete, accurate and current. Despite our efforts, the information provided by the Cost Estimator is only an estimate and may be inaccurate, incomplete or out of date, and we make no representation or guarantee as to its accuracy. The total amount due for the Services you order may change depending on the nature of the Services ordered. Services may be ordered by your health care provider on your behalf. By making a payment through the Site, you represent and warrant that you are authorized to use such form of payment and you authorize Good Start Genetics, Inc. and its payment vendor to process charges to your credit card or other form of payment, including all charges for all Services and tests you receive from Good Start Genetics, Inc.. You agree that your payment information may be disclosed to our designated payment vendor.
3. Refunds and Cancellations
Processing begins as soon as a sample is received, therefore Good Start Genetics, Inc. is unable to offer refunds or cancellations of any order once a specimen has been received in our offices. If you decide you do not want to proceed with testing, please call us immediately to determine if your sample has been received.
4. Proprietary Rights
All of the Good Start Genetics, Inc. owned content is either property of Good Start Genetics, Inc. or is licensed to Good Start Genetics, Inc. and is protected by copyright and other intellectual property laws, unless specifically identified otherwise. The information and features included in Good Start Genetics, Inc.’s websites are for informational, non-commercial and personal purposes only, and are subject to change at any time without notice. You may not reproduce, republish, retransmit, or distribute the content or information for any other purpose without express written consent from Good Start Genetics, Inc. Nothing contained in Good Start Genetics, Inc.’s website shall be construed as conferring any license or right under any of our proprietary rights.Removing or altering any copyright notice or any other proprietary notice on any Good Start Genetics, Inc.’s website is strictly prohibited. All names, trademarks, symbols, and logos appearing on Good Start Genetics, Inc.’s website are proprietary to Good Start Genetics, Inc. or its parent, affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
6. Personal Login Information
If required to register and select a unique login and password (known herein as “Login Details”), you must keep your Login Details and you must maintain their confidentiality. We are not liable for any harm caused by, or related to, the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Details. You must contact Good Start Genetics, Inc. immediately if you believe there may have been an unauthorized use of your Personal Details or if you wish to deactivate your Login Details due to security concerns.
7. User Obligations
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of Good Start Genetics, Inc.’s websites. You will, when necessary, provide accurate, current, and complete information when submitting forms as part of the Good Start Genetics, Inc. websites. If information is found to be false, inaccurate, unauthorized or incomplete, Good Start Genetics, Inc. reserves the right to terminate your access and use of Good Start Genetics, Inc. websites. You also agree to only access Good Start Genetics, Inc.’s websites from reasonably secure devices.You may use the Site and the Services for lawful purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, software, products or services obtained from the Services or the Site.
You may not submit or transmit through the Site or the Services any information, content, or material or otherwise engage in any conduct that:
You may not use our Site or Services:
You are responsible for any and all activity relating to your password, login, or use of the Site or Services.
You may not use the Site or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
8. User Generated Content
9. Responsibility for Use of Good Start Genetics, Inc. websites
Use of Good Start Genetics, Inc. websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations.
10. Medical Disclaimer
The Good Start Genetics, Inc. websites are provided for informational purposes and are not intended as medical advice or as a substitute for the medical advice of a physician or other health care provider. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified health care provider or other means of obtaining qualified medical information.
11. Patient information
The Good Start Genetics, Inc. websites, including any public forums, may collect confidential patient information (“Protected Health Information” or “PHI”). State and federal laws may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of PHI, including the transmission of PHI to others. You agree to comply with these state and federal laws.
12. Accuracy and Limitations of Your Test Results
Our testing is highly reliable; however, with all medical screening tests there is a chance of a false positive or a false negative result. A “false positive” refers to the identification of a potential medical condition that is not present. A “false negative” is the failure to recognize a potential medical condition that does exist. Our screening service and testing analyze certain information but do not analyze every potential for every medical condition. The screening and testing are intended to indicate the risk of being a carrier of certain medical conditions but do not guarantee that you or your child will be healthy. The screening service and test do not screen for all potential medical complications. Test Considerations generated by ScreenSelect are generated based on information provided by you, and you are fully responsible for the accuracy of such information. You are advised to consult with your health care provider before undergoing any screening, testing or medical treatment.
13. Warranties Disclaimed/Limitation of Liability
Good Start Genetics, Inc. works diligently to include accurate and up-to-date information on its websites. However, we make no representation or warranty whatsoever regarding the completeness, accuracy, or adequacy of any information, facts, views, opinions, statements, and recommendations contained in Good Start Genetics, Inc.’s websites. Neither Good Start Genetics, Inc. its divisions, subsidiaries, successors, parent companies, or their employees, partners, principals, or representatives, nor any other party involved in creating, modifying, or updating goodstartgenetics.com shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of, or inability to use, this website, its products or services.When using Good Start Genetics, Inc.’s websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of Good Start Genetics, Inc. We are not liable for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Good Start Genetics, Inc.’s websites.Good Start Genetics, Inc. is not responsible for any resulting damage to your computer from a security breach, or from a virus, unauthorized intervention, fraud, computer failure, or any other technical malfunction.Good Start Genetics, Inc. reserves the right to alter, suspend or discontinue Good Start Genetics, Inc.’s websites or any features, products or services at any time for any reason without notice or cause. Good Start Genetics, Inc.’s websites may be temporarily unavailable due to maintenance or technical equipment malfunction.
14. Copyright Violations
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
Our notices of claims of copyright infringement on the Site or the Services should be sent to: firstname.lastname@example.org
THE SITE AND THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE AND SERVICES OR PROVIDED THROUGH OUR SITE OR SERVICES, WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE OR THE SERVICES FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THE SERVICES OR THROUGH OUR SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, SERVICES OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE SERVICES OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR THE SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THE SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE OR THE SERVICES. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE OR THE SERVICES OR PROVIDED THROUGH THE SITE OR SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE OR THE SERVICES IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16. Limitations of Liability
17. Your Release of Good Start Genetics
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Good Start Genetics, Inc., and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Site and your provision of information, whether unsolicited or not, to the Site. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Site or the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
19. Term and Termination
20. General Terms: Severability and Integration; No Waiver.
This contract and any supplemental terms, policies, rules, and guidelines posted on the Site or with respect to the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by Good Start Genetics, Inc. to have effect.
21. Governing Law; Dispute Resolution
22. Complete Agreement
23. Forward Looking Statements
This website may contain forward-looking information and projected future applications. These statements relate to projected future events or projected future financial performance. Such information is subject to a variety of uncertainty and speculation, including scientific, business, economic, marketing, and regulatory factors. In some cases, forward-looking statements can be identified by terminology such as “may,” “will,” “should,” “could,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “intend,” “potential,” or “continue” or the negative of such terms. Actual events or results, including product development or product launches, may differ materially from those anticipated in these forward-looking statements. We assume no obligation to update any forward-looking statements.
24. Use of Good Start Genetics, Inc. Websites and Good Start Genetics, Inc. Content Outside of the U.S.
This website is not intended to be used by children under the age of 18. By using or accessing the Site, you warrant and represent that you are 18 years of age or older.
Good Start Genetics may make improvements and/or changes to this website at any time. Although we attempt to update information on this website periodically, the information, materials, and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Good Start Genetics does not have a duty to update information contained on this website, and the company will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or correctness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances, or otherwise. It is your responsibility to verify any information contained on this website before relying upon it.
This website may contain links to websites operated by other parties. The linked sites are not under the control of Good Start Genetics, and we are not responsible for the content on any other Internet sites linked to this website. Such links do not imply our endorsement of material on any other site, and Good Start Genetics disclaims all liability with regard to your access to such linked websites. Good Start Genetics provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
28. Contact Information
Good Start Genetics, Inc.
Attn: Finance Department
237 Putnam Avenue
Cambridge, MA 02139
© Good Start Genetics, Inc.