LEGAL DISCLAIMER & TERMS OF SERVICE

This site and the Services offered through this site by Andrew Appleton Medicine Professional Corporation (“AAMPC”, “We”, “Us”, or “Our”) are for use by residents of Ontario, Canada.

This page states the Terms of Service which apply to your use of the Services, which include the website, and any other site on which these terms appear (collectively, the "Website"), personal health information service and other associated services (collectively, the “Services”). Please read this page carefully. By using the Services, you signify your acceptance of these Terms of Service. The Terms of Service that govern the collection and testing of blood and urine samples that are submitted by you are those in effect when you subscribe to the Services. All other Services are governed by the Terms of Service then in effect each time you access or use those Services.

The Services include access to the Website. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided "AS-IS", unless otherwise required by provincial or territorial law, and are based on the current research and technology in use by Us at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Services which We provide may change from time to time without prior notice to you. You may stop using the Services at any time. We assume no responsibility for the use of Services outside the terms of these Terms of Service or other applicable terms.

Risks and Considerations

Your relationship with us is commercial. You are a licensee of the Services. You understand and agree that we are engaged in a commercial enterprise. Once you obtain your Health Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or later, will be welcome or positive. You should also understand that as research advances, you may need to obtain further services from your physician or other health care provider.

Some people feel anxious about getting health results. This is normal. If you feel very anxious, you should speak to your physician or a counselor prior to attending the laboratory to draw your sample for testing.

You may learn information about yourself that you do not anticipate. This information may evoke strong emotions. You may discover things about yourself that trouble you and that you may not have the ability to control or change.

The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample for a variety of reasons or the results from collection and/or processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will require you to obtain an additional sample, which may include a charge to the user. Even for processing that meets our standards, an unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect.  As this possibility is known in advance, users are not entitled to refunds if these errors occur.

You should not change your health behaviors solely on the basis of information from us. Make sure to discuss your Report with a physician or other health care provider before you act upon the information resulting from the Services. There may be unknown genes, environmental factors, or lifestyle choices that are important predictors. If you have concerns or questions about what you learn through the Services, you should contact your physician or other health care provider.

Reports not comprehensive. While we measure many data points from your sample, the research community is rapidly learning more and contributing to published studies that inform the Services. Because interpretations provided in our Service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the our interpretation of the Results. In the future, the scientific community may show previous research to be incomplete or inaccurate.

User Representations

By accessing the Services, you agree to, acknowledge, and represent as follows:

a)      You understand that information you learn from the Services is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Services are intended for informational, and educational purposes only, and that while the information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that We urge you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Report.

 

b)      You give permission to Us, our contractors, successors and assignees to perform screening services on the blood and urine from your lab samples and you specifically request Us to disclose the results of analyses performed on your blood and urine samples to you and to others you specifically authorize.

 

c)      You are resident in Ontario, Canada and that you are of the age of majority or older in Ontario, Canada if you are providing blood and urine samples or accessing your Report.

 

d)      Any sample you provide is your blood and urine.

 

e)      You are aware that some of the information you receive may provoke strong emotion.

f)       You take responsibility for all possible consequences resulting from your sharing with others access to your Report.

 

g)      You understand that all your Personal Information will be stored in databases and be processed in accordance with the Our Privacy Policy.

 

h)      Waiver of Property Rights: You understand that by providing any sample, having your sample processed, accessing your Report, or providing Personal Information, you acquire no rights in any research or commercial products that We may develop.

In case of breach of any one of these representations and warranties, We have 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 Us and our affiliates against any liability, costs, or damages arising out of the breach of the representation.

Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS IN SOME CASES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS AND EXCLUSIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, 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. WE EXPRESSLY DISCLAIM 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) WE MAKE 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 US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MIGHT NOT APPLY TO YOU.

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE 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 WE HAVE 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, (c) 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, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

IN ANY EVENT, OUR TOTAL LIABILITY, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO US BY YOU.

Indemnity

You agree to defend and hold Us, and Our subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service; your connection to the Service; your violation of these Terms of Service; or your violation of any rights of another.

If you have submitted blood and/or urine samples, you will defend and hold Us harmless, and Our  employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your blood and/or urine samples or Personal Information, which is disclosed to you consistent with our Privacy Policy or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your blood and/or urine samples or Personal Information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold Us harmless, and Our employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your blood and/or urine samples or Personal Information.

General

You acknowledge that the Services content presented to you as part of the Services, is protected by copyright and/or other intellectual property rights that are owned by Us (or by other persons or companies on our behalf). You acknowledge and agree that you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on Services content (either in whole or in part) unless you have been specifically told that you may do so by Us, in a separate agreement.

As a condition of your use of the Services, you warrant 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.

You acknowledge and agree that you are solely responsible for (and that We have no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which We may suffer) of any such breach. In case of breach of any one of these agreements We have the right to suspend or terminate any and all current or future use of the Services (or any portion thereof) by you and you will defend and indemnify Us and Our 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 We have a reasonable ground to suspect that you have violated the terms of this Section, We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You acknowledge and agree that We own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) 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 Us and that you shall not disclose such information without Our prior written consent.

Miscellaneous

Entire Agreement. The TOS constitute the entire agreement between you and Us and govern your use of the Services, superseding any prior agreements between you and Us 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. The laws of certain jurisdictions do not permit the stipulation of arbitration. If these laws apply to you, any disputes with Us arising out of or relating to these Terms of Service will be governed by the laws of and resolved in the courts of the province or territory in which you resided when you entered into these Terms of Service, without regarding to any conflict of laws principles or the United Nations Convention for the International Sale of Goods. In all other cases, except for any disputes relating to intellectual property rights or any infringement claims, any disputes with Us arising out of or relating to the Terms of Service shall be governed by the laws of Ontario, without regard to any conflicts of law principles or the United Nations Convention for the International Sale of Goods, and shall be resolved by final and binding arbitration under the rules and auspices of the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be London, Ontario, Canada. The language of the arbitration shall be English. Arbitration costs and reasonable documented legal 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. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service are 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 these Terms of Service 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section titles. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Severability Clause. If any portion of these Terms of Service 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 Terms of Service. Unless otherwise required by applicable law or otherwise stated in a notice from us, these Terms of Service (as modified, supplemented or replaced) will be effective upon posting at the Website. If you do not want to agree to changes to these Terms of Service, you can terminate them at any time.

Assignment. You may not assign or delegate any rights or obligations under these Terms of Service. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially without notice to you.