These Terms of Use are applicable to your access to and use of all websites and online applications operated by Access Genetics, LLC dba OralDNA Labs or its affiliates and subsidiaries (collectively, "AG") that link to or incorporate these Terms and Conditions (the “Online Services”). Your access to and use of the Online Services and the information, materials, products, tools, and services available through the Online Services are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Online Services linked to your name and/or contact information (“Account”). The Online Services are controlled and operated by AG or its subsidiaries or affiliates from its offices within the United States. AG makes no representation that materials are appropriate or available for use in other locations, and access to any Online Services from a location where access to its contents may be illegal is prohibited. You are responsible for compliance with any local laws that may affect your actions in gaining access to Online Services.
By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Online Services. When you use certain of the Online Services, we may provide you with additional terms and conditions relating to that specific Online Service, which will supplement the generally applicable terms of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and any Online Service-specific terms and conditions, the Online Service-specific terms and conditions shall govern with respect to your access to and use of that Online Service.
Except as otherwise provided on the Site, all right, title and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belong to AG or another party that has licensed their material to AG. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AG or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without AG's permission, "mirror" any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute, and download the materials on the Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
When you provide information about yourself to AG, including when you create an Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or AG has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, AG retains the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Online Services or any portion thereof. You further agree that any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising, and export control) and these Terms of Use.
Disclaimers
The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. AG makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. AG does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF AG OR A AG-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless AG and its parent companies, affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.
General Release
You hereby release and hold harmless AG, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees ("AG Entities") with respect to any claims, damages, costs, losses, and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.
Privacy
AG’s Privacy Policy will apply to your use of the Site. The terms of AG’s Privacy Policy are made a part of these terms; please review AG’s Privacy Policy and related information about your privacy and AG’s use of your information by clicking on the Privacy Policy link on this Site. You acknowledge and agree that you are always responsible for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.
Your Transmissions
Any material, information, or idea you transmit to or post on the Site by any means will be treated as nonconfidential and nonproprietary and may be disseminated or used by AG or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. AG may monitor, record, or otherwise capture and maintain a record of your site session for quality control or for purposes relating to your visit and as disclosed to you at the time of your visit. Notwithstanding the foregoing, all personal data provided to or captured by AG online will be handled in accordance with AG's Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Linked Websites
As a convenience to you, the Site may provide links to other websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by AG. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by AG. AG does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that AG or the Site sponsors, endorses, is affiliated, or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of AG or any of its affiliates or subsidiaries. AG is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.
General Provisions
These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us regarding your use of the Site.
Governing Law
You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of Minnesota without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota.
Term of Use Revisions
AG may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.
Use of Discussion and User Sites
A "Discussion and User Site" is a Site that consists of a discussion group, chat area, bulletin board, news group, letter to AG, its webmaster or employees, or e-mail function offered as part of the Site. Discussion and User Sites are not commercial sites, although they may be used to link you to a commercial Site. Except to the extent provided here, Discussion and User Sites are subject to these Terms of Use in all respects. In the event of a conflict between the Terms of Use set forth above and the terms in this section, the terms in this section shall govern.
You agree that all information you submit at registration on this Discussion and User Site is accurate and that it is your responsibility to keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your Discussion and User Site account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Discussion and User Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Discussion and User Site by email, text messaging or other means based on the information you provide to us.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.
You grant to AG and its designees a perpetual, irrevocable, non-exclusive fully paid up and royalty-free license to use any ideas, expression of ideas or other information, content, or materials you submit to any Discussion and User Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of AG or its designees throughout the universe in perpetuity in all media now or hereafter known. The license shall also permit AG and its designees to use portions of the Materials you submit, rerecord, or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by AG and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by AG and shall not be subject to your approval or payment by AG of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography, and other information about you in connection with the Materials you submit.
You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Discussion and User Site, without notice, compensation, or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Discussion and User Site and developing products and services.
You agree that the Materials you submit fully comply with these Terms of Use, including that your Materials are original with you and accurate and do not violate the rights of any third party or applicable law or ordinance. If it is determined that you have violated any of these terms you may be barred from accessing the Discussion and User Site and we may pursue any remedies available to us. You acknowledge and agree that the relationship between you and AG is not a confidential, fiduciary, or other special relationship.
You acknowledge and agree that AG and its designees may create on their own or obtain submissions that may be similar or identical to the Materials you submit. You hereby waive all claims you may have had, may have now, and/or may have in the future, that the Materials accepted, reviewed and/or used by AG and its designees may be like your Materials.