"Genetrainer" means Genetrainer Limited, whose registered business address is at 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, United Kingdom, RG7 8NN.
"Genetrainer Research" means scientific research that Genetrainer performs with the intent to publish in a peer-reviewed scientific journal. Genetrainer Research only uses Genetic and Self-Reported Information from users who have given consent according to the applicable Consent Document. Genetrainer Research activities do not include R&D.
"R&D" means research and development activities performed by Genetrainer on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
"Service" or "Services” means Genetrainer's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
"Personal Information" is information that can be used to identify you, either alone or in combination with other information. Genetrainer collects and stores the following types of Personal Information:
"Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
"Genetic Information" is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of a physical sample by a third party provider ; or otherwise processed by and/or contributed to Genetrainer.
"Self-Reported Information" is all information about yourself, including your training goals, other sport, fitness or health-related information, personal traits, activities carried out, measures of performance and other information that you enter into surveys, forms, or features while signed in to your Genetrainer account. Self-Reported Information is included in Genetrainer Research only if it has been indicated for Genetrainer Research use on the website and if you have given consent as described in the applicable Consent Document.
"Metric Data" is all information collected digitally over the internet via a third party company’s API or via uploading to the Genetrainer website, that has been generated by monitoring or other devices for collecting/recording information relating to your person.
"User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Genetic Information, Self-Reported Information and Metric Data-generated by users of Genetrainer Services and transmitted, whether publicly or privately, to or through Genetrainer.
"Web Behavior Information" is information on how you use the Genetrainer website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
"Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.
"API" is an application programming interface that specifies how some software products from third party companies should interact with Genetrainer Services.
"Training Outcome” is anything that comes about from physical, dietary, sleep or other activity as a result of a choice that you have made regarding your training, exercise, fitness, sport or health goals.
Your use of Genetrainer's Services (excluding any services provided by Genetrainer under a separate agreement) is subject to the terms of the legal agreement between you and Genetrainer set forth in these Terms and Conditions ("T&C"). Except as specified herein, these T&C apply to any use of the Services, including but not limited to a) uploading a digital version of your Genetic Information and interacting with it on the Genetrainer website, b) authorizing a third party service provider to share a digital version of your Genetic Information via an API and interacting with it on the Genetrainer website and/or c) creating and using a Genetrainer account without providing your Genetic Information. In order to use the Services, you must first agree to the T&C. You may not use the Services if you do not accept the T&C. You can accept the T&C by (1) clicking to accept or agree to the T&C, where this option is made available to you by Genetrainer for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Genetrainer will treat your use of the Services as acceptance of the T&C from that point onwards. In addition, when using particular Genetrainer Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. Genetrainer also may offer other services from time to time that are governed by different terms and conditions.
Whether you submit or authorize use of your Genetic Information and/or Metric Data, or for anyone for whom you have legal authority to agree, you may not use the Services and may not accept the T&C if (1) you are not of legal age to form a binding contract with Genetrainer, 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. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information and/or Metric Data, you must be eighteen (18) years of age or older to agree to these T&C on behalf of yourself or those for whom you have legal authority to agree.
The Services include access to the Genetrainer public website and mobile application. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the T&C. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of genetic research and technology in use by Genetrainer at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Genetrainer is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Genetrainer provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Genetrainer may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Genetrainer's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Genetrainer when you stop using the Services unless you are requesting closure of your account. Genetrainer assumes no responsibility for the use of Services outside the terms of this T&C or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Genetrainer may not currently have 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, such fixed upper limits may be set by Genetrainer at any time, at Genetrainer's discretion.
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 Genetrainer or from your physician or other health care provider.
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 acknowledge and agree that you are solely responsible for (and that Genetrainer has no responsibility to you or to any third party for) the Genetic Information that you provide to Genetrainer, either directly or via authorisation of a 3rd party, such as an independent genotyping or sequencing company or service. You agree that Genetrainer has no liability arising from the use or disclosure of any information obtained from analyzing incorrect or poor quality Genetic Information that you provide.
You should not choose your training, exercise, fitness, sport or health behaviours solely on the basis of information from Genetrainer. Make sure to discuss any changes to your behaviour which fall outside the normal range of your existing activities with a qualified sports trainer, gym instructor, doctor or other health care provider before you act upon the recommendations resulting from Genetrainer Services. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. For example if your data indicate that you are not at elevated genetic risk for a particular injury or training outcome, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular injury or Training Outcome, it does not mean you will definitively suffer this injury or Training Outcome. In either case, if you have concerns or questions about what you learn through Genetrainer, you should contact a qualified sports trainer, gym instructor, doctor or other health care provider.
Genetic research is not comprehensive. While we consider many data points from your DNA, only a small percentage of them are known to be related to human traits or Training Outcomes. The research community is rapidly learning more about genetics, and an important mission of Genetrainer is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic 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. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetrainer Services are for research, and informational use, to be applied only to healthy activities. We do not provide medical advice. Any information or recommendations arising from Genetrainer services should only be used when considering a choice between two alternative, but both healthy, activities. This means two things. First, many of the genetic discoveries that we utilise have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in Genetrainer Research. Participation in such research is voluntary and based upon a consent document. The Services are not intended to be used by the customer for any medical purpose and are must not be used to override existing professional sports, fitness, training and health advice without first consulting with that professional.
Genetrainer believes that (a) genetics is only part of the picture of any individual's state of being, (b) the state of the understanding of Genetic Information and Metric Data is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics. Reliance on any information provided by Genetrainer, Genetrainer employees, others appearing on our website at the invitation of Genetrainer, or other visitors to our website is solely at your own risk.
By accessing Genetrainer Services, you agree to, acknowledge, and represent as follows:
You understand that information you learn from Genetrainer is designed only to assist in making choices between alternative healthy activities. You acknowledge that Genetrainer urges you to seek the advice of a qualified sports trainer, gym instructor, doctor or other health care provider if you have questions or concerns arising from your Genetic 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 Genetrainer 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) and you will defend and indemnify Genetrainer and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Genetrainer has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Genetrainer has the right 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. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Genetrainer's website through your username and password, you will defend and indemnify Genetrainer and its affiliates against any liability, costs, or damages, including legal fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Genetrainer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Genetrainer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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 Genetrainer for any Service; or by (2) actually using the Services.
You acknowledge and agree that Genetrainer 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 Genetrainer Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Genetrainer Research as described in the applicable Consent Document, we may include your information in the Aggregated Genetic Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. Genetrainer may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. Genetrainer will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that Genetrainer 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: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Genetrainer may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Genetrainer T&C; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Genetrainer, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, 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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Genetrainer may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Genetrainer, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Genetrainer Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Genetrainer and/or the sponsors who provide that content to Genetrainer (or by other persons or companies on their behalf). Genetrainer grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Genetrainer website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © Genetrainer Limited 2013. All rights reserved; distributed pursuant to a Limited License from Genetrainer; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Genetrainer or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to Genetrainer that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. 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. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, 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; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Genetrainer, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) 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); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Genetrainer or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) 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, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) 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; (13) violate these Terms and Conditions, 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 Genetrainer; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Genetrainer has no responsibility to you or to any third party for) any breach of your obligations under the T&C and for the consequences (including any loss or damage which Genetrainer may suffer) of any such breach. In case of breach of any one of these agreements Genetrainer 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) and you will defend and indemnify Genetrainer and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Genetrainer has a reasonable ground to suspect that you have violated the terms of this Section, Genetrainer has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
User Content. Genetrainer does not claim ownership of the User Content you provide to Genetrainer (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Genetrainer, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Genetrainer to make such User Content available to other companies, organizations, or individuals with whom Genetrainer has relationships, and to use such User Content in connection with the provision of those services.
You understand that Genetrainer, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Genetrainer to take these actions. You represent and warrant to Genetrainer that you have all the rights, power, and authority necessary to grant the above license.
Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Genetrainer cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Genetrainer website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Genetrainer has no obligation to do so on your behalf.
Waiver of Property Rights. You understand that by having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Genetrainer or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
You agree to defend and hold Genetrainer, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the T&C; or your violation of any rights of another.
If you have submitted your own Genetic Information, you will hold harmless Genetrainer, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your Genetic 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/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties to aid in training or other purposes - you agree to hold harmless Genetrainer, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
Other than pursuant to the terms of the Limited License in Section 9 of this T&C or unless otherwise agreed in a separate agreement between you and Genetrainer, you agree not to 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.
You acknowledge that Genetrainer 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 Genetrainer'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 Genetrainer 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 Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Genetrainer reserves the right to change these general practices and limits in its sole discretion.
Genetrainer 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 Genetrainer shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Genetrainer. 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 Genetrainer to deliver these to you) as part of your use of the Services.
You acknowledge that Genetrainer may offer different or additional technologies or features to collect and/or interpret Genetic 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 Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
The T&C will continue to apply until terminated by either you or Genetrainer as set out in this Section.
If you want to terminate your legal agreement with Genetrainer, you may do so by notifying Genetrainer at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Genetrainer's address, which is set out at the beginning of the T&C, or online via Customer Care. If you provide notice online, Genetrainer will send you an email asking you to confirm your request, and your notice will be effective following receipt of your reply via email confirming your request for termination.
Genetrainer may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the T&C (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the T&C); (2) Genetrainer is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Genetrainer offered the Services to you has terminated its relationship with Genetrainer or ceased to offer the Services to you; (4) Genetrainer 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 (5) the provision of the Services to you by Genetrainer is, in Genetrainer'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 Genetrainer shall not be liable to you or any third party for any termination of your access to the Services.
When the T&C come to an end, all of the legal rights, obligations, and liabilities that you and Genetrainer have benefited from, been subject to (or which have accrued over time while the T&C have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all sections shall continue to apply to such rights, obligations, and liabilities indefinitely.
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 Genetrainer 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.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Genetrainer has no control over such sites and resources, you acknowledge and agree that Genetrainer 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 Genetrainer 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 hyperlinked site or resource.
You acknowledge and agree that Genetrainer (or Genetrainer's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (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 Genetrainer and that you shall not disclose such information without Genetrainer'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 information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Genetrainer, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. 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 Genetrainer and/or its suppliers. Your use of the Software is governed by the 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.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Genetrainer, you agree that in using the Services, you will not use any trade mark, 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, Genetrainer 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 Genetrainer, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Genetrainer, in the manner permitted by the T&C. Unless Genetrainer 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 Genetrainer for use in accessing the Service. Any rights not expressly granted herein are reserved.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENETRAINER 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, AND NON-INFRINGEMENT. (2) GENETRAINER MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENETRAINER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENETRAINER DOES NOT CONTROL OR ENDORSE ANY ACTIONS WHICH FALL OUTSIDE YOUR NORMAL ACTIVITY RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENETRAINER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENETRAINER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENETRAINER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. Genetrainer may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this T&C must be sent to us at: Genetrainer Limited
ATTN: General Counsel
5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire
United Kingdom, RG7 8NN
Additionally, Genetrainer accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Genetrainer may make changes to the T&C from time to time. When these changes are made, Genetrainer will make a new copy of the T&C 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 T&C have changed, Genetrainer will treat your use as acceptance of the updated T&C.
If you violate the terms of these T&C and/or Genetrainer has a reasonable ground to suspect that you have violated the terms of these T&C, Genetrainer 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).
Entire Agreement. The T&C constitute the entire agreement between you and Genetrainer and govern your use of the Services, superseding any prior agreements between you and Genetrainer 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
Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Genetrainer arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin or where you access Genetrainer, 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 San Francisco, California, 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.
Waiver. The failure of Genetrainer to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C 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 T&C remain in full force and effect.
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 T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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.
Section titles. The section titles in the T&C are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these T&C is found to be unenforceable, the remaining portion will remain in full force and effect.
Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Genetrainer.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination).
Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Genetrainer for any third party that assumes our rights and obligations under this Agreement.