Terms Of Use

Effective Date: January 1, 2020

  1. Use of Website and Changes to Terms

Geneseeq Technology Inc. and its affiliates (collectively, “Geneseeq”, “we”, “our”, “us”) provides the website geneseeq.com, including but not limited to forms and information submitted by you to us on such site (the “Website”) to you subject to these Terms (the “Terms”).

Your use of the Website constitutes your acceptance of these Terms. If you do not agree to these Terms, please do not use the Website.

This Website is intended for and directed to residents of Canada over the age of 13 years.

  1. Website Privacy Statement

These Terms include our Privacy Policy which are subject to these Terms in the event of any conflict or inconsistency. Please ensure you have read and agree with our Privacy Policy. By visiting and using this Website, you are consenting to the collection, use and disclosure of your Personal Information in accordance with our Privacy Policy.

  1. Restrictions on Website Use

This Website, including any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on, accessible or downloadable from the Website (collectively, the “Content”) is for your non-commercial, personal or internal company use only. As a condition of your use of the Website, you agree:

(i) not to use the Website for any purpose that is unlawful or otherwise violates any applicable law, regulation, or the rights of an individual or entity;

(ii) not to send or transmit to or through this Website any unlawful, defamatory, threatening, or otherwise objectionable material;

(iii) you will retain all copyright and other proprietary notices contained in the Content and/or Website;

(iv) to not misrepresent your identity when using the Website;

(v) not to copy or post on any network computer or broadcast in any media any Content;

(vi) not to copy or modify any Content, including design of the Website, or in any way reproduce, publicly display, make available to third parties, perform, distribute, transmit, or create derivative works from any such Content or the Website;

(vii) not to copy, decompile, or reverse engineer any of the Content or the Website’s code, applications, interfaces, or services;

(viii) not to introduce, transmit, or otherwise make available any virus, worm, spyware, or other computer code, file or program intended to damage, overburden, or otherwise interfere with the security or proper functioning of the Website or to distribute viruses or malware or other similar harmful software code through the Website;

(ix) not to attempt to gain unauthorized access to the Website, not to attempt to circumvent any security or authentication measures, probe, scan or test the vulnerabilities of our Website;

(x) not to attempt to monitor or intercept data or network traffic from the Website;

(xi) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

(xii) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website and shall be solely responsible for keeping your password and other account details confidential, as applicable.

We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms or any applicable law.

  1. Ownership, Use and Intellectual Property Rights

This Website and all intellectual property rights herein (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Content.

The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Website, including Geneseeq and Geneseeq Technology Inc. are registered and unregistered Trademarks of Geneseeq. Other Trademarks may also be used on this Website. The use or misuse of any Trademarks or any other Content on the Website except as provided in these Terms is strictly prohibited. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trademark without our prior written permission.

  1. Submitting Information to the Website

The Website is not a secure means of communication and although we use reasonable efforts to keep any information you submit to us confidential, you acknowledge and agree that such information may not be kept confidential. or through this Website.

  1. Links to Third Party Websites

This Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Geneseeq’s control. Geneseeq is not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with the Linked Sites and your use of the Linked Sites are governed by the terms and conditions of such Linked Sites.

  1. Links to this Website

Any links to our Website: (i) must display that page full-screen in a fully operable and navigable browser window and not within a “frame”; (ii) may not present false information about Geneseeq’s products, services, or technology, nor by the appearance, position, and other aspects of the link create a false appearance that another entity, its activities, or products are associated with, sponsored, or endorsed by Geneseeq; and (iii) may not use or display the Geneseeq name or logo without our permission.

You acknowledge and agree that Geneseeq reserves the right to request, at any time and in its sole discretion, that you remove all links or any particular link to the Website or to a page of the Website.

  1. Accuracy of Information and Availability of Website

While we use reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website.

  1. Website Does Not Provide Medical Advice

Without limiting the generality of Section 8, any medical information contained on the Website is presented for the purpose of general education for the public regarding cancer genomics and diagnostic testing, personalized cancer care, genomic research, and other general information concerning Geneseeq. No information provided on the Website is intended to constitute medical advice, instruction for medical diagnosis, or instruction for medical treatment. Any information provided on the Website should not be considered complete, nor should it be relied on to suggest a diagnosis or course of treatment for a particular individual. Information received from the Site should not be relied upon for personal or medical decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider promptly. The information contained on the Website is compiled from a variety of sources. Geneseeq does not, through the Website or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services.

  1. Limitation of Liability

You agree that your use of the Website is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency or any Content on the Website, or as to satisfactory quality or fitness for a particular purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENESEEQ AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, REPRESENTATIVES AND LICENSORS (COLLECTIVELY THE “GENESEEQ PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF ANY OF THE GENESEEQ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO GENESEEQ PARTY SHALL BE LIABILE TO YOU FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH YOUR USE OR MISUSE OF THE WEBSITE, THE UNAVAILABILITY OF THE WEBSITE OR ANY REASON, AND/OR ANY REPRESENTATION OR STATEMENT MADE ON THE WEBSITE.  IN NO EVENT SHALL ANY GENESEEQ PARTY BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY LINKED SITES.  UNDER NO CIRCUMSTANCES SHALL THE GENESEEQ PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE WEBSITE (INCLUDING THE DOWNLOADING OR USE OF ANY CONTENT) EXCEED THE AMOUNTS PAID BY YOU TO US IN RELATION TO YOUR USE OF THE WEBSITE OR ITS CONTENT, IF ANY.

BY USING THE CONTENT, YOU AGREE TO INDEMNIFY THE GENESEEQ PARTIES FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) ARISING FROM YOUR USE OR MISUSE OF THE CONTENT.

Any exclusions and limitations of liability in these Terms shall be subject to any agreement(s) we sign directly with you in respect of matters covered such agreement(s) and as otherwise required by law.

  1. General

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and any dispute arising hereunder shall be resolved exclusively by the courts in the City of Toronto, Ontario.

Geneseeq may modify these Terms, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Website. You are solely responsible for ensuring your review of the most up to date version of the Terms.  Your continued use of the Website constitutes acceptance of these Terms as modified.  No changes to these Terms are valid or have any effect unless agreed by us in writing.

Geneseeq may terminate, change, or otherwise modify any aspect of the Website, or impose limits on features or restrict access, in whole or in part, to the Website at any time and in its sole discretion without liability. Geneseeq may terminate any authorizations, rights, and licenses provided herein.

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, natural disaster, fire, explosion or accident.

If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, this does not prevent us from later deciding to exercise or enforce that right.

These Terms together with the Privacy Policy and any other terms expressly referred to in these Terms and incorporated by reference, if any, contain the entire understanding and agreement between us and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms to any other person.

The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.