MARIGEN, Inc. (“MARIGEN” or the “Company”) matches users of its internet-based platform (the “Platform”) based on certain traits contained in their DNA, data from their social media use, and demographic data. MARIGEN also anticipates that it will partner with one or more bone marrow registries (“Registries”) to provide additional potential matches for recipients in need of bone marrow transplants, increasing the pool of potential donors and the odds that more lives will be saved by bone marrow transplant, among other potential missions. Enrollment in the Registries requires a separate consent which is not required to use the Platform.
Acceptance of Terms
Capitalized words not defined in this Section are defined elsewhere in these Terms.
“Aggregated User Data” is Genetic Information, Web Behavior Information, and certain demographical Personal Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
“Genetic Information” is information regarding your DNA, generated through processing of your saliva and/or inner cheek cells by MARIGEN or by its contractors, successors, and assignees or otherwise processed by and/or contributed to MARIGEN, including such information uploaded from other sources (including but not limited to 23andMe.com) and any resultant data, analysis, reports, and findings.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information, including any analysis, reports and findings from your Genetic Information. MARIGEN collects and stores Personal Information including but not limited to birthdate, data, analysis, reports and findings from your Genetic Information, and other social media and demographical information provided by you on the Platform.
“MARIGEN” and the “Company” mean MARIGEN, Inc.
“Platform” means MARIGEN’s websites and mobile applications including the internet-based platform developed and maintained by MARIGEN for the purpose of onboarding and connecting users based on certain traits contained in their DNA.
“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). MARIGEN collects and stores all Registration Information.
“Service” or “Services” means MARIGEN’s products (including the Platform), software, services (including collection, analysis and resultant data from user DNA, and social media and demographic data), 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.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials, (excluding Genetic Information but including certain analysis or “matching” data illustrating the comparative compatibility between users), generated by users of the Services and transmitted, whether publicly or privately, to or through the Platform.
“User Data” means your Personal Information, Genetic Information and Web Behavior Information.
“Web Behavior Information” is information on how you use the Platform (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
Whether you submit your saliva/cheek cell sample or import Genetic Information from another provider, you may not use the Services and may not accept these Terms if (1) you are not of legal age to form a binding contract with MARIGEN, 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, in order to agree to these terms you must be eighteen (18) years of age or older and single or separated from your spouse.
Description of the Services
The Services include access to the Platform; collection and analysis of your saliva and/or cheek cell sample for purposes of matching to other Platform users based on your (and their) single nucleotide polymorphisms (SNPs) within the genes and SNPs within genes associated with preference of supplements in order to ascertain your (and their) genes and genotypes and relative compatibility, and providing the matching results; aggregation of your Personal Information for sharing with potentially compatible supplements; disclosing the Personal Information of other potentially compatible supplements products with you; and providing a Platform for communication with other users and vendors. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to these Terms. You acknowledge and agree that the Services are provided “AS-IS.” You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that MARIGEN may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at its sole discretion, without prior notice to you. You may stop using the Services at any time by requesting closure of your account. MARIGEN assumes no responsibility for the use of Services outside the terms of these Terms or other applicable terms.
In order to use the Services, you must obtain mobile data such as but not limited to 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. You acknowledge and agree that while MARIGEN 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 MARIGEN at any time, at MARIGEN ‘s discretion.
Purpose. MARIGEN’s Services are for informational and entertainment use only, and not for any other purpose including psychological, psychiatric, medical or clinical. Reliance on any information provided by MARIGEN, MARIGEN employees, others appearing on our Platform, or other visitors to our website is solely at your own risk.
MARIGEN is not a clinical laboratory and all testing is outsourced to contractors that provide similar testing for other companies. Neither MARIGEN nor any such contractor is liable for the accuracy of the tests, including any Errors.
By accessing MARIGEN’s Services and the Platform, you agree to, acknowledge, and represent as follows:
You have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions herein.
You understand that the Services are intended for informational and entertainment purposes only. You acknowledge that MARIGEN urges you to seek the advice of your psychologist, psychiatrist, physician or other health care provider if you have questions or concerns arising from your Genetic Information.
You represent and warrant that you have never been convicted of a felony involving violence of any kind (including but not limited to substance related violation).
You give permission to MARIGEN, its contractors, successors and assignees to analyze biological information including but not limited to genetic information from your saliva and/or cheek cell sample and perform sequencing including but not limited to genotyping services on the DNA extracted from your saliva and/or cheek cell sample. You specifically request MARIGEN to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
You give permission to MARIGEN, its contractors, successors and assignees to receive your social media and demographic data from but not limited to Facebook, Twitter, Instagram, LinkedIn.
You represent that you are eighteen (18) years of age or older and a resident of the United States.
You are guaranteeing that any sample you provide is your saliva and/or cheek cell sample.
You take responsibility for all possible consequences resulting from your sharing with others access to your User Content.
Waiver of Property Rights. You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing User Data, you acquire no rights in any research or commercial products that may be developed by MARIGEN or its collaborating partners by using Aggregated User Data. 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 MARIGEN 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 MARIGEN and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
At any time you may withdraw your consent (a) to receive an email providing an opportunity to engage in research or register as a donor in the National Bone Marrow Registry and (b) to use your information with regard to your use of the Platform (and thereby discontinuing your account) by changing your setting on the Platform or by sending us an email at [email protected], in each case in compliance with the Notice requirements set forth below. After withdrawing your consent to provide your User Data to any Registries, your User Data will not be provided to any Registry after that date, but we cannot guarantee removal from any Registry that has your information (although it will always be your choice whether or not to move forward in the event you are contacted with a potential match from the Registries). After withdrawing your consent to use your User Data and closing your account, your User Data will not be matched to any additional users after that date, but any matches previously provided to other users cannot be deleted, reversed or withdrawn.
Account Creation, Customer Account, Password, and Security Obligations
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 MARIGEN has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, MARIGEN 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 the Platform through your username and password, you will defend and indemnify MARIGEN and its affiliates against any liability, costs, or damages, including attorney 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 MARIGEN 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. MARIGEN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND VENDORS. YOU UNDERSTAND THAT MARIGEN CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. MARIGEN ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. MARIGEN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. MARIGEN RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
MARIGEN is not responsible for the conduct of any User. In no event shall MARIGEN, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform or the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Platform or meet in person, or if you decide to send money to another user. You understand that MARIGEN makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
Further, you acknowledge and agree that MARIGEN 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 MARIGEN may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MARIGEN, 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 User Data and Registration Information, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, MARIGEN may, in its sole discretion, restrict access to the Platform for any reason.
Customer Conduct; Appropriate and Prohibited Use
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. You are solely responsible for the User Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Platform or transmit to other users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted. You may not post on the Platform or as part of the Service, or transmit to MARIGEN or any other user (either on or off the Platform), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that MARIGEN may, but is not obligated to, monitor or review any User Content you post on the Platform. MARIGEN may delete any User Content, in whole or in part, that in the sole judgment of MARIGEN violates these Terms or may harm the reputation of the Platform or MARIGEN.
In addition to the types of User Content described above, the following is a partial list of the kind of User Content that is prohibited on the Platform. You may not post, upload, display or otherwise make available User Content or otherwise engage in activities that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
“stalks” or otherwise harasses another or advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users of the Platform;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
uses any information received through the Platform or Services to attempt to identify other users, to contact other users (other than through features for contacting other users offered pursuant to the Platform), or for any forensic use;
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
harm minors, the disabled, and the elderly in any way;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
uses manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
engages in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
violates these Terms, 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 MARIGEN, or any applicable local, state, national, or international law, or any regulations having the force of law; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your profile that may be viewed by other users. You agree that any User Content you place on the Platform to be viewed by other users may be viewed by any person visiting the Platform or participating in the Service.
You acknowledge and agree that you are solely responsible for (and that MARIGEN has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which MARIGEN may suffer) of any such breach. In case of breach of these Terms MARIGEN 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 MARIGEN and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
MARIGEN reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Platform and terminating or suspending the membership of such violators.
Applicable Laws and Regulations
You agree to comply with all applicable federal, state and local laws, including but not limited to those regarding online conduct and acceptable content.
MARIGEN has no obligation to control any of the User Content posted to the Platform or via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-MARIGEN content. You understand that by using the Platform and the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will MARIGEN be liable in any way for any non-MARIGEN content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that MARIGEN and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or remove any content on the Platform. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
MARIGEN provides assistance and guidance through its customer service center via [email protected] When communicating with our customer service center (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer service representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and you will not be entitled to any refund of unused fees.
MARIGEN bills you through an online account (your “Billing Account“) for use of the Platform and the Services (your “subscription”). You agree to pay MARIGEN all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize MARIGEN to charge your chosen payment provider (your “Payment Method“) for your use of the Platform and the Services. You agree to make payment using that selected Payment Method. MARIGEN may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This includes any agreements you made with MARIGEN on the Platform when subscribing to the Services. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MARIGEN may in its discretion terminate your account immediately. If MARIGEN successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your subscription reinstated.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Platform and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize MARIGEN to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize MARIGEN to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if MARIGEN does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that MARIGEN may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You agree that you will provide current, complete and accurate information for your Billing Account, and will promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and promptly notify MARIGEN if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Platform. If you fail to provide MARIGEN any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Platform or Services when automatically renewing your account.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. If the initial processing fails for any of these reasons, MARIGEN will reprocess the same sample at no charge. If the second attempt to process the same sample fails, MARIGEN will offer to send another kit to the user to collect a second sample at no charge. If you decline this option, you may request a complete refund of the amount paid to MARIGEN, less shipping and handling. If you decide to receive another sample collection kit and MARIGEN’s attempts to process the second sample are unsuccessful, MARIGEN will not send additional sample collection kits and you will be entitled solely and exclusively to a refund of the amount paid to MARIGEN, less shipping and handling. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors“). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
If your kit is lost or damaged in transit, MARIGEN will mail a one new kit to you free of charge.
Except as specifically set forth above, kit purchases are non-refundable.
Subscription fees, personality test orders, and other additional Services are non-refundable.
Material Provided to MARIGEN – Your Proprietary Rights
User Content; Limited License. MARIGEN does not claim ownership of the User Content you provide to MARIGEN (including feedback and suggestions) or post on the Platform. 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 Platform. However, by submitting or posting User Content, you give MARIGEN, its affiliated companies, sublicensees 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 Platform. You acknowledge and agree that this license includes a right for MARIGEN to make such User Content available to other companies, organizations, or individuals with whom MARIGEN has relationships, and to use such User Content in connection with the provision of those services.
You understand that MARIGEN, 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 MARIGEN to take these actions. You represent and warrant to MARIGEN that you have all the rights, power, and authority necessary to grant the above license.
Genetic Information. Except with respect to the user-consented disclosures to the Registries, disclosure of individual-level Genetic Information to third parties will not occur without explicit consent, unless required by law. Note that MARIGEN cannot control any further distribution of Genetic Information that you share publicly on the Platform. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that MARIGEN has no obligation to do so on your behalf.
Your saliva and/or cheek cell sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva and/or cheek cells remains your information, subject to rights we retain as set forth in these Terms.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, or accessing your Genetic Information, you acquire no rights in any research or commercial products that may be developed by MARIGEN or its collaborating partners.
No Resale of Services
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 Platform or Service.
General Practices Regarding Use and Storage
You acknowledge that MARIGEN may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Data and Registration Information will be retained by MARIGEN, the maximum disk space that will be allotted on MARIGEN’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 MARIGEN 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 MARIGEN reserves the right to change these general practices and limits in its sole discretion.
Modifications to Service
MARIGEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/or the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the MARIGEN features or Services, and (ii) MARIGEN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or Services.
The Software that you use may from time to time automatically download and install updates from MARIGEN 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 MARIGEN to deliver these to you) as part of your use of the Platform and Services.
You acknowledge that MARIGEN may offer different or additional technologies or features in the future and that your initial subscription does not entitle you to any different or additional technologies or features without fee.
These Terms will continue to apply until terminated by either you or MARIGEN as set out in this Section.
If you want to revise your consent or terminate your account with MARIGEN, you may do so by notifying MARIGEN at any time in writing, which may entail closing your account. Your notice should be sent, in writing, to MARIGEN ‘s address (found in the Section entitled “Notice” below), or online via the Platform (under “Settings”) or via email to [email protected] If you provide notice online or via email, MARIGEN will send you an email asking you to confirm your request, and your notice will be effective following receipt of an email confirmation from you.
If you cancel your subscription, MARIGEN requires a reasonable amount of time to process the action. If you cancel your subscription, you will enjoy the use of the Platform and the Services until the end of your then-current subscription period, following which your subscription will terminate. However, you will not be eligible for a refund of any portion of the fees paid for the then-current subscription period.
MARIGEN may at any time, terminate your subscription (and in conjunction therewith, your account) if: (1) you have breached any provision of these Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of these Terms); (2) MARIGEN 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 MARIGEN offered the Services to you has terminated its relationship with MARIGEN or ceased to offer the Services to you; (4) MARIGEN 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 MARIGEN is, in MARIGEN’s opinion, no longer commercially viable. Upon such termination or suspension, you will not be entitled to any refund of unused fees and, if applicable, all unpaid amounts and other fees you owe will immediately be due. MARIGEN is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
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 MARIGEN shall not be liable to you or any third party for any termination of your access to the Platform and the Services.
Survival of Terms
Dealings with Information Providers and Listed Resources
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 MARIGEN 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.
Hyperlinks and the Platform
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because MARIGEN has no control over such sites and resources, you acknowledge and agree that MARIGEN 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 MARIGEN 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.
MARIGEN’s Proprietary Rights
You acknowledge and agree that MARIGEN (or MARIGEN’s licensors, as applicable) own all legal right, title, and interest in and to the Platform and 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 MARIGEN and that you shall not disclose such information without MARIGEN’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 MARIGEN, 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 MARIGEN 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.
MARIGEN, and other MARIGEN logos and product and service names are trademarks of MARIGEN and these marks together with any other MARIGEN trade names, service marks, logos, domain names, and other distinctive brand features are the “MARIGEN Marks.” Unless you have agreed otherwise in writing with MARIGEN, nothing in these Terms gives you a right to use any MARIGEN Marks and you agree not to display, or use in any manner, MARIGEN Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by MARIGEN, 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, MARIGEN 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 MARIGEN, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MARIGEN, in the manner permitted by these Terms. Unless MARIGEN 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 MARIGEN for use in accessing the Service. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
You acknowledge and agree that neither MARIGEN nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate User Content posted on the Platform or provided in connection with the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Platform or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any User Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
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. MARIGEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE PLATFORM (INCLUDING ALL CONTENT THEREON), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) MARIGEN 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 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 MARIGEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MARIGEN DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MARIGEN SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
From time to time, MARIGEN may make third party opinions, advice, statements, offers, or other third-party information or content available on the Platform and/or through the Services. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. MARIGEN DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL MARIGEN OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
In addition to the preceding paragraph and other provisions of these Terms, any advice that may be posted on the Platform or through the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MARIGEN makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MARIGEN 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 MARIGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PLATFORM OR SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE PLATFORM OR 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 PLATFORM OR 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 PLATFORM OR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MARIGEN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MARIGEN FOR THE SERVICE DURING THE TERM OF YOUR SUBSCRIPTION. 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 PLATFORM OR SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Notices to you may be made via either email or regular mail. MARIGEN may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to these Terms must be sent emailed to [email protected]
Additionally, MARIGEN accepts service of process at this address. Any notices that you provide without compliance with this Section shall have no legal effect.
Changes to the Terms of Service
MARIGEN may make changes to these Terms from time to time. When these changes are made, MARIGEN will make a new copy of these Terms 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 these Terms have changed, MARIGEN will treat your use as acceptance of the updated Terms.
Violation or Suspected Violation of these Terms
If you violate the terms of these Terms and/or MARIGEN has reasonable grounds to suspect that you have violated the terms of these Terms, MARIGEN has the right to suspend or terminate your account and refuse any and all current or future use of the Platform or Services (or any portion thereof).
Entire Agreement. These Terms constitute the entire agreement between you and MARIGEN and govern your use of the Platform and Services, superseding any prior agreements between you and MARIGEN 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 exclusive means of resolving any dispute or claim arising out of or relating to these Terms, the Services, or the Platform shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against MARIGEN in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against MARIGEN any class action, class arbitration, or other representative action or proceeding.
By using the Platform or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and MARIGEN (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MARIGEN (except for small-claims court actions) may be commenced only in the federal or state courts located in Redwood City, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and MARIGEN, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnification. You agree to defend, indemnify and hold harmless MARIGEN, and its subsidiaries and affiliates, and its and their officers, agents, contractors, partners, employees, successors, and assigns from any loss, liability, claim, or demand, including reasonable attorney’s 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 breach of these Terms; or your violation of any rights of another. MARIGEN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MARIGEN in connection therewith.
If you have submitted a saliva and/or cheek cell sample or otherwise provided your own Genetic Information, you will defend and hold harmless MARIGEN, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your saliva and/or cheek cell sample and/or 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 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 harmless MARIGEN, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic Information.
Waiver. The failure of MARIGEN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.
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 these Terms are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these Terms 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 on the Platform or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time in accordance herewith.
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, MARIGEN for any third party that assumes our rights and obligations under this Agreement.
Special State Terms.
The following provisions are added to this Agreement for users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to the address for MARIGEN set forth in the above Section entitled Notices. Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, MARIGEN will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three-day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing MARIGEN notice at the same address as listed above.