Disclaimer, Terms and conditions
Our genetic test is not intended for diagnosis. The genetic test provides consumers with information about genetic information based on peer-reviewed research. We provide information based in scientific literature only.
We are not responsible for how the client uses the information provided by us in the reports.
All the data collected from our genetic testing will be protected under the Genetic Information Nondiscrimination Act (GINA). We do not share any genetic data or personal information with any third party.
We destroy each DNA sample collected from extraction and fulfillment of each requested order.
Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
By indicating acceptance of this Agreement or otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby declare that you are of legal age and otherwise fully capable and competent to enter into a binding agreement). If you are using the Service on behalf of an organization, you declare that you have the right to link such an organization with this Agreement.
If you do not agree to these terms and conditions, you must not use the Service.
These conditions may be subject to change without prior authorization, therefore, we advise you to read this information periodically. Your statutory rights are not affected.
You represent and warrant that you will provide us with accurate, current and complete registration information. You are responsible for your registration and for all use of the Service using the user credentials or passwords issued to you or chosen by you. You will keep all your credentials and passwords confidential.
a. “MyGhealth” registered and commercial trademark concessioned as LLC, whose registered address is 2724 Kipling St. Ste. D130, Houston, Texas, 77098.
b. “Product and Services” means products and services of MyGhealth; analysis kits, analysis, reports, information brochures, software, accounts, services, consultancies, consultations and website (including, among others, text, graphics, material and information) to which the user accesses.
c. “Client” means the person, company or other entity that orders a Product and / or Services and is responsible for compliance with these Terms and Conditions.
d. “Sample Provider” means the person who provides the DNA sample to produce the Genetic Data. Note: This person can be the Client, if it is different from the Client, the Sample Provider must also comply with these Terms and Conditions. In particular, we call attention to clause 19 (Transfer of Rights) and the agreement to these Terms and Conditions. The Client is required to obtain the explicit consent of the Sample Provider to process the Personal Information.
“Results” means the genetic report and / or the associated analysis, recommendations and plans related to the Sample Provider, may include information related to its genotype (for example, the presence of As, Ts, Cs and Gs in particular locations in its genome) generated through the genotyping of your sample by MyGhealth or its contractors.
F. “Personal Information” is information provided by the Client that is specific to the Sample Provider and may be used to identify them, alone or in combination with other information. MyGhealth collects and stores the following types of personal information:
i. “Registration data” is the information provided by the Client about them when registering for an account and / or purchasing our Products (for example, name, email, address, user ID and password and payment information).
ii. “Genetic Data” is information related to the Customers genotype (for example, the presence of As, Ts, Cs and Gs in specific locations of its genome), loaded or added to your account by the Customer or generated through the genotyping of your shows By MyGhealth or by your contractors. To complete, the DNA sample provided by the sample provider constitutes or contains genetic data.
iii. “Self-reported data” is information about the client, such as sex, ethnicity and health-related data, which we provide directly through the completion of questionnaires, surveys, forms or other features provided by MyGhealth.
iv. “User Content” is any other information, text, data, software, audio, video, photographs, graphics, messages or other materials generated by MyGhealth users and transmitted, either publicly or privately, through MyGhealth.
iiv. “Agreement” means the agreement that is established between MyGhealth and the Client when the Client activates an account or orders DNA kit through the Website, in person or by any other means indicated by MyGhealth.
2. Acceptance of the terms
Access and use of MyGhealth is subject to the terms of the legal agreement between you and MyGhealth set forth in these Terms and Conditions.
2.1 These Terms and Conditions apply to any use of the Products and Services, including, but not limited to:
A) present a sample for DNA extraction and processing; or
B) download a digital version of your Results; or
C) reception of the Results of your Genetic Data; or
D) create and use a MyGhealth account.
2.2 MyGhealth reserves the right to revise or supplement these conditions. The continued use of this website after the publication of any change to these Terms and Conditions constitutes acceptance of such changes.
3. Description of the products
3.1 The Products include, but are not limited to, DNA results, analysis, information guides, recommendations and plans as established in our Website, including the collection and genetic analysis of your sample.
3.2 Unless explicitly stated otherwise, each new feature that increases or improves the current range of the Product will be subject to these Terms and Conditions. You acknowledge and agree that the Products are provided “as is” and are based on current genetic research and technology in use by MyGhealth at the time of purchase.
3.3 MyGhealth reserves the right to reject an order request at any time and for any reason. In such case, the Client will be informed of this decision as soon as possible.
4. Important risks and considerations with respect to our products
THE ATTENTION OF THE SAMPLE PROVIDER IS PARTICULARLY SUGGESTED TO THESE RISKS AND CONSIDERATIONS
It is vital that you read the following list of risks and important considerations regarding the use of our services.
Keep in mind that this list is not intended to be exhaustive of other risks and considerations that are beyond our knowledge are likely to be applicable in the future as the industry as a whole evolves.
4.1) You can know information about you that you did not contemplate.
There is a possibility that due to the hereditary nature of the genetic information, the results may reveal confidential information that could have implications in terms of inferring paternity / maternity (for example, when multiple family outcomes are known, the results suggest that they are not genetically related to his father or mother) or other characteristics of his personal genealogy. In addition, your results may reveal that you have a higher than average chance of developing a particular condition or disease (for example, type 2 diabetes). Such information is likely to be distressing, evoke strong emotions and is obviously irrevocable.
For clarity, the products offered by MyGhealth are not intended to be used in paternity or maternity tests and we advise that anyone with serious concerns of this nature should first speak with their doctor or health care provider and if appropriate submit to paternity / maternity tests, in a laboratory accredited for this purpose.
4.2) Genetic research is not exhaustive.
The research community is continually learning more about genetics and publishing updates to existing knowledge in scientific journals. The interpretation of your genetic data depends on these published studies, and as a result, future scientific research may change the interpretation of your DNA. In the future, the scientific community may show that previous research is incomplete or inaccurate. All genetic information provided by MyGhealth is based on the latest research at the time of publication and is correct to the best of our knowledge.
4.3) The laboratory may not be able to process your sample.
The laboratory may not be able to process your sample if your swab does not contain enough DNA, if the swab has been contaminated in some way or if the processing results do not meet our accuracy standards. If the initial processing fails for any of these reasons, MyGhealth will offer to send another kit to the Client to collect a second sample at no cost, as long as it is our responsibility to misuse the kit, otherwise it must be done again the application procedure. If this second DNA collection attempt is not successful, MyGhealth reserves the right to cancel the Agreement in these circumstances. This represents the limitation of our responsibility.
4.4) The laboratory process may result in errors.
We do everything possible to ensure that our data is as accurate as possible, with all analyzes performed in duplicate. When the data do not correspond or are indeterminate, the process is repeated until the results are in agreement with each other. Nevertheless. If you are concerned that your Results are in any way inaccurate, we will agree to re-analyze your DNA sample up to 28 days from the date you received your Results to verify the information we provide. We reserve the right to charge a fee in these circumstances. If an error is detected in our genotyping process, we will provide you with the modified Results free of charge.
4.5) We may not be able to present you with a complete set of results.
In rare cases, despite our best efforts, it may not be possible to obtain an unequivocal result for some DNA variations (SNP) due to biological or technical complications. To ensure that we maintain high quality and accurate data, in such circumstances we will not call a result, and we will inform you that unfortunately our tests were not conclusive for this data point. The final analysis will be treated as successfully completed if no more than two unique genetic variations are missing and the analysis will not be repeated in this case.
4.6) Your Personal Information may be anonymized and used for research and development purposes (D & P) to contribute to the knowledge of the field and further improve our Products.
Part of our goal at MyGhealth is to contribute to the continued development and refinement of genetic research in health and trait-based fitness. As part of this commitment, we may use part or all of your personal information to expand and improve our current knowledge of this field. Research and development activities may include, but are not limited to: a) conducting quality controls; B) testing new protocols, techniques or equipment; C) share information with academic groups to advance their studies; D) perform the data analysis. Some of these activities may result in commercialization with a third party.
As part of this process, whenever possible, the registration data will be removed from the genetic data and self-reported data, which will be combined and the anonymous results combined to draw the relevant conclusions. For greater clarity, your registration data will not be shared with third parties without your express consent unless there is a legal obligation or court order. You have the right to be excluded from any study beyond your personal use of the Products and may request it, and / or your DNA sample may be discarded at any time by contacting us at: email@example.com.
4.7) The genetic data that you share with others may have social, legal or economic implications.
Currently, very few insurance companies or companies request genetic information, but changes in legislation for companies that request this information may change in the future. As a result, you may want to consult a lawyer to understand the full implications of sharing your genetic data with others. We recommend that you be cautious about sharing your genetic data with others, since ultimately the result may have important social, legal or economic implications for you as an individual.
4.8) The MyGhealth product range is designed for informational and educational use only and is not designed to be used for medical advice or diagnosis or treatment.
We do not provide medical advice and cannot guarantee a certain result as a result of taking any specific course of recommended action or the advice indicated by your Results based on your Genetic Data. Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only one part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors or lifestyle choices that are more important predictors.
Before making any changes in your lifestyle, diet or exercise routines, you should first consult a doctor or other qualified health care provider.
4.9) Please be aware that you are solely responsible for the way in which the information is interpreted in your Results and that you act on it and any recommendations that you follow do so at your own risk. In no way MyGhealth or any person associated with MyGhealth will be held responsible for any injury or problems that may occur due to the use of this information or the advice contained within.
4.10) The services provided by our websites and / or mobile applications do not contain or constitute, and should not be construed as medical or clinical advice, they are for informational purposes only. No doctor-patient relationship is created. The use of the services is not for medical emergencies.
The genes we know are only responsible for a small fraction of their body. There may be unknown genes, environmental factors and / or lifestyle choices that are much more important. If you have concerns or questions about what you learn through the Service, you should contact your doctor or other health care provider.
If you are being treated for an illness, taking prescription medications or following a therapeutic diet to treat a disease, you are strongly advised to consult with your doctor before using the service.
5. Use of Personal Information
5.1) If an account is registered or a product order is placed, MyGhealth will process the registration data, such as name, address, email address and customer’s telephone number.
5.1.1) The Registration Data will be used by MyGhealth to optimally execute the Contract, such as maintaining contact with the Client, conducting market research and informing the Client of similar products and / or services from MyGhealth or our latest products and services. / or services that we believe may be of interest.
5.1.2) The Customer will have the option to opt out of receiving more information and withdraw all personal data from MyGhealth databases.
5.1.3) These Registration Data will not be transmitted to third parties without prior consent, unless there is a legal obligation or a court order.
6. Customer account
6.1) Some services on our site allow or require you to create an account to participate or to obtain additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as indicated by the service. You will not impersonate any other person or entity or falsify your identity or affiliation with any person or entity.
6.2) If you provide any registration information that is false, inaccurate, non-current or incomplete, or if MyGhealth has reasonable grounds to suspect that such information is false, inaccurate, non-current or incomplete, MyGhealth has the right to suspend or terminate and reject any current or future use of our Products and Services.
6.3) As part of setting up your website account with MyGhealth, you will create a username and password. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur
with your username and password. If you allow third parties to access the MyGhealth website through your username and password, you will defend and indemnify MyGhealth and its affiliates against any liability, costs or damages arising from claims or claims by such third parties based on or related to such access and use. You agree to notify MyGhealth immediately of any unauthorized use of your username or password or any other breach of security, and be sure to close your account correctly at the end of each session.
6.4) You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party that has access to it through the Service (which may include unintended activities of third parties, such as by hackers).
MyGhealth cannot and will not be responsible for any loss or damage arising from your breach of these terms.
7. Methods of Payment
To the extent you are using the Service on behalf of an organization, you may need to provide us with information to confirm or allow us to confirm any relationship between you and that organization. We may also request additional information from you. Forms of payment, rates and orders
7.1 Payment methods. The payment processing service by means of authorized payment cards will be made through independent systems to our site, being left without any responsibility for the requested bank details mainly through: //www.conekta.com and / or //www.paypal.com who will only process card transactions that have been authorized by the applicable Payment Network or by the issuer of the card.
7.2 You are solely responsible for verifying the identity of the users and the eligibility of a presented payment card used to purchase your products and services. You are solely responsible for all reverse or collected transactions, regardless of the reason for the reversal or refund of the charge.
7.3 Fees and Orders. If any charge is rejected by our bank or payment providers, you are still responsible for paying the Fees. We reserve the right to charge interest on any past due balance at the rate of 1.5% per month, or the maximum amount allowed by law (if lower). You will also be responsible for our reasonable collection costs, including attorneys’ fees, if we consider it necessary to take any legal or administrative action to collect unpaid fees. We reserve the right to accept, reject or cancel any order placed through the Service, without liability or justification. We will reimburse you in case your order was canceled by us after your credit card or other payment method has been charged.
8. Data protection
8.1) MyGhealth takes the security and confidentiality of the Personal Information of our Clients very seriously and maintains a high level of protection so that third parties do not obtain unnecessary access. Personal information is password protected and stored on secure servers that are only accessible to authorized MyGhealth personnel. Your DNA sample is barcoded without personal or identification data included in the return mail. The genetic data contained in your DNA sample is carried out in secure laboratory facilities protected by 24-hour surveillance.
8.2) We guarantee that we will process your personal information in accordance with all applicable laws, decrees, regulations, orders, standards and other similar instruments. In addition, we guarantee that, taking into account the state of technological development and the cost of implementing any measure, we will:
A) Adopt appropriate technical and organizational measures against the unauthorized or illicit processing of Personal Information and against the accidental loss or destruction or damage of Personal Information to ensure an appropriate level of security for:
I. Damage that may result from such unauthorized or illegal processing or loss, destruction or accidental damage; Y
II. The nature of the data to be protected
B) Adopt reasonable measures to guarantee compliance with these measures.
9. Customer guarantees
9.1) By accessing the MyGhealth products and services, you accept, acknowledge, represent and guarantee each and every one of the following:
A) You give permission to MyGhealth to perform genotyping services on the DNA extracted from your sample and to disclose the results of the analyzes performed on your DNA to you and others that you specifically authorize.
B) Confirm that you are eighteen (18) years of age or older if you are providing a sample, and / or authorize a minor under your responsibility.
C) You guarantee that any sample you provide is yours.
D) If the DNA sample is provided by a Sample Provider that is not the Client, the Client warrants that the Sample Provider has acknowledged and accepted the Terms and Conditions.
E) If you are a customer outside of the United States of America, who provides a sample, you confirm that this law is not subject to any export ban or restriction in the country in which you reside.
F) You have read the “Important Risks and Considerations with respect to MyGhealth Products” (section 4) and confirm that you understand the possible implications and limitations of your Results.
G) You assume full responsibility for the possible consequences arising from your shared access to your Results with others.
9.2) You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In case of non-compliance with any of these statements, MyGhealth has the right to terminate the Agreement and reject any current or future use of the Products and services (or any part thereof) and you will defend and indemnify MyGhealth and its affiliates against Any liability , costs or damages arising from non-performance of the representation.
10. MyGhealth Intellectual Property Rights
10.1) We affirm all of our intellectual property rights, including but not limited to copyrights, trademarks, databases and technical knowledge, on our Website and Products. The MyGhealth logos and the names of products and services are registered trademarks of MyGhealth and these trademarks together with the MyGhealth name and any other trade name, service mark, logos, domain names and other distinguishing characteristics of the brand.
10.2) Unless otherwise agreed in writing by MyGhealth, other than through the use of materials in Section 11, nothing in these Terms and Conditions gives you the right to use the MyGhealth brand and you agree not to display or use in any way, the trademark MyGhealth. The Client accepts that he will not eliminate, obscure or modify any notice of property rights that may be placed or contained in the Products.
10.3) The Client expressly guarantees that all instructions and instructions regarding the use of the Website and / or the Products and Services, the Website and / or the Products will not be used in any way that could damage the MyGhealth and / or third parties.
11. Use of Content
11.1) All domains and copyrights of the Website and associated products are owned by MyGhealth and all trademarks are property of MyGhealth.
11.2) The domains, logos, functions and contents of all sites (including but not limited to information, illustrations, text, animations, video, audio, images and multimedia files) are protected by copyright and trademark legislation.
11.3) We may change or delete content at any time, in any way, for any or no reason. You can access and use the content of the product only for personal and non-commercial purposes.
11.4) In the event that we offer software downloads and download such software, the software, including the files, the images incorporated or generated by the software and the data accompanying the software (collectively, the “Software”) are licensed to you By us or third-party licensees for your personal, non-commercial use. We do not transfer the title of the Software. You may not distribute or exploit the Software in any other way, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human readable format.
12. Rules of Conduct
12.1) The following Rules of Conduct apply to the use of our Products and Services, this Website and other media channels such as: (but not limited to) Facebook or Twitter. By using our Products and Services, our Website or other media channels, you agree that you will not distribute any content that:
(A) Is defamatory, abusive, harassing, threatening or an invasion of a right of privacy of another person; or
(B) Be fanatical, hateful, or racial or offensive; or
(C) is violent, obscene, pornographic or sexually explicit; or
(D) otherwise prejudice or reasonably expect to harm any person or entity; or
(E) is illegal or encourages or defends illegal activities or the discussion of illegal activities with the intention of committing them; or
(F) infringes or violates any right of a third party including:
(i) copyrights, patents, trademarks, trade secrets or other proprietary or contractual rights; or
(ii) right to privacy (specifically, you must not distribute the personal information of another person of any kind without your express permission) or publicity; or
(iii) any obligation of confidentiality;
(G), trade, advertise, offer, sell any product, service or otherwise (with or without profit), or solicit others (including requests for contributions or donations);
(H) contains a virus or other harmful component, or alters, damages or damages the Products and Services, the Website, other media channels or any connected network, or otherwise interferes with the use or enjoyment of any person or entity of the Sites;
(I) violates any specific restriction applicable to a Forum, including its age restrictions and procedures; or
(J) is antisocial, disruptive or destructive. We can not and do not guarantee that other users comply with or will be complying with the previous Rules of Conduct or any other provision of these terms and conditions, and assumes hereby any risk of damage or injury resulting from such failure to comply.
12.2) We reserve the right, but waive any obligation or liability, to
(A) refuses to publish or communicate or delete any content from our Website or any other channel that violates these Rules of Conduct and
(B) identify any user to third parties, and / or disclose to third parties any content or personally identifiable information, when we believe in good faith that such identification or disclosure
(I) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
(Ii) help to enforce these Rules of Conduct, and / or protect the safety or security of any person or property.
In addition, we retain all rights to remove any or all of the content at any time.
13.1) The prices published by MyGhealth on the Website or through other channels apply to the Contract and to the various Products offered through the Website, unless the parties have agreed otherwise.
13.2) MyGhealth has the right to modify these prices and / or offer promotional discounts from time to time. Changes will apply to new Agreements made after any price is adjusted on the Website.
13.3) All prices quoted by MyGhealth are listed in dollars
13.4) The amount that the Customer owes to MyGhealth as a result of the Agreement will be settled in advance through secure online payment systems, unless otherwise agreed in writing. The Client is obliged to provide MyGhealth with all the necessary information to process the correct and complete payment. MyGhealth will apply the Agreement only after MyGhealth has received all the necessary information regarding the payment authorization.
14.1) The delivery time is not of the essence of any product or service provided by MyGhealth. MyGhealth will make a reasonable effort to guarantee delivery within the indicated delivery date.
14.2) If MyGhealth becomes aware of the circumstances that prevent compliance with this delivery date, MyGhealth will notify the Customer as soon as reasonably possible, indicating the revised planned delivery date.
14.3) If the delivery is extended for more than sixty days after the original delivery date provided by MyGhealth, without delay being the responsibility of third parties, then the Customer has the right to terminate the Agreement and receive a full refund.
14.4) The details of the relevant export regulations apply to the export of goods.
15. Defective or damaged goods
15.1) Any goods supplied by us that are defective or damaged will be replaced free of charge or reimbursed in full. Any damaged product when delivered must be notified to us within 3 days of delivery. We can arrange for the collection of the damaged goods.
15.2) At the time of receipt of your order, you must verify if the Products meet the requirements stipulated in the Agreement. If the Product falls below these requirements, you are required to notify MyGhealth in writing as soon as possible, and in all cases within 14 days of delivery.
15.3) If it is shown that the Products do not meet the requirements of the Agreement, MyGhealth has the option to return and replace such Products with new Products or return the invoice value of said Products.
16. Right to cancellation
16.1) The Customer has the right to cancel the Agreement within seven (7) days of the Confirmation Date of the order, free of charge and without giving any reason. If the Client wishes to terminate the Agreement with MyGhealth after this seven-day period, MyGhealth reserves the right to reimburse any payment made by the Customer less the delivery costs and / or consumables incurred.
16.2) In order to exercise its right to cancellation, the Client must notify MyGhealth in writing or by email using the contact information found on the Website. If the Client exercises his right to cancel, MyGhealth will ensure the refund within 30 days after the safe receipt of all returned merchandise.
16.3) In case of frustration of the contract due to, but not limited to, one or more of the following;
i) the absence of a usable DNA sample that is provided to MyGhealth, or
ii) not receiving the written consent of the Sample Provider to accept the terms and conditions that are provided, or
iii) a Force Majeure Event in good faith as defined in clause 22, or
iv) any other frustrating event identified by law and advised in the opinion of a lawyer or attorney appointed by MyGhealth,
Then MyGhealth has the right to validly terminate the contract according to clause 18.
17. Limitations of liability
YOUR ATTENTION IS SPECIFICALLY WITHIN THESE LIMITATIONS OF LIABILITY
17.1. Nothing in these Terms and Conditions will limit or exclude MyGhealth’s responsibility for:
i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii) fraud or fraudulent false declaration; or
iii) failure to comply with the terms implicit in the applicable Law on the supply of goods and services.
17.2. MyGhealth will not be liable in any way to the Client or the Sample Provider, whether by contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits or any indirect or consequential loss. But not limited to loss of income, loss of anticipated savings, loss of goodwill, loss or corruption of or damage to the data or any loss or incidental, consequential or special damage) arising in or in connection with the Agreement.
17.3 This clause 17 shall apply even in the termination of this Agreement.
18.1) MyGhealth may at any time, terminate an Agreement, if:
A) the Customer has breached any provision of these Terms and Conditions; or
B) the Customer is in default of payment; or
C) MyGhealth is required to do so by law; or
D) the partner / associate with whom MyGhealth offered the Products has terminated its relationship with MyGhealth or has stopped offering its services; or
E) a frustrating contractual event arises as described in clause 15.3, or
F) MyGhealth can no longer provide the Products to users in the country in which it resides.
18.2) If MyGhealth terminates the contract in accordance with this clause 17, then it will not be liable for costs or damages incurred by the Client as a result of the early termination.
18.3) Advance payments before termination do not have to be reimbursed.
18.4) Any suspicion of fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Products or services may be referred to the appropriate law enforcement authorities.
18.5) The Client and the Sample Provider acknowledge and agree that MyGhealth will not be liable to you or any third party for any termination of your access to the Products.
18.6) Upon termination of an Agreement, these terms and conditions will continue to govern the relationships between the parties to the extent necessary for their termination.
19. Transfer of rights
19.1) MyGhealth has the right to assign, modify or transfer to third parties any or all of their rights and obligations due to the Contract, the Services or these Terms and Conditions without the consent of the Client.
19.2) The Customer has no right to assign, modify or transfer to third parties any or all of their rights and obligations because of the Contract, the Service or these Terms and Conditions without the consent of MyGhealth. MyGhealth’s consent is given entirely at its own discretion.
20. Third party rights
20.1) We confirm that it is not your intention or the intention of MyGhealth to grant any rights over third parties under these Terms and Conditions and, consequently, based on the GINA Act.
21. Force Majeure
21.1) Neither party will be responsible for any failure or delay in fulfilling its obligations under any contract to purchase the Products and Services to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond the reasonable control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, blockades or other labor conflicts, war, terrorism, riots, civil disturbances, interference by civil or military authorities, national or international calamities, armed conflicts, malicious damage, damage to facilities or transport networks, explosions, collapses of building structures, fires, floods, storms, earthquakes , losses at sea, epidemics or similar events, natural catastrophes or extreme adverse weather conditions, or failure of suppliers or subcontractors.
THE ATTENTION OF THE SAMPLE PROVIDER IS PARTICULARLY SUBJECT TO THIS EXEMPTION FROM LIABILITY
22.1) The MyGhealth product range is designed for informational and educational use only and is not designed to be used for medical advice or diagnosis or treatment. We do not provide medical advice and can not guarantee a certain result as a result of taking any recommended course of action or counseling described by your results based on your genetic profile.
22.2) Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors or lifestyle choices that are more important predictors.
22.3) Always seek the advice of your doctor with any questions you have about your physical or mental health and well-being. Before making any changes in your lifestyle, diet or exercise routines, you should first consult a doctor or other qualified health care provider.
22.4) Please note that you are solely responsible for the way in which the information contained in your MyGhealth Report is interpreted and acted upon, and any recommendations you make do so at your own risk. In no way MyGhealth or any person associated with MyGhealth will be responsible for any injury or problem that may occur due to the use of the information provided by MyGhealth or the advice contained therein. If you think you may have a medical emergency, call your doctor or the appropriate emergency services immediately.
22.5) In addition, we make no representations or warranties related to any treatment, action, application or use of dietary supplements, medicines, preparation or any other product or service by any person who follows the information offered or provided through our Website. The reliance on any information that appears on our Website or other channels, including but not limited to social networks, is strictly at your own risk. The sites may contain the opinions and opinions of other users.
22.6) Given the interactive nature of our Website and other channels, we can not endorse, guarantee or be responsible for the accuracy, effectiveness or veracity of any content generated by our users.
22.7) The content of the site is intended solely for educational and entertainment purposes. Such content is not intended for, and does not constitute, legal, professional, medical or health or diagnostic advice, and can not be used for such purposes.
22.8) We will not be responsible for errors or omissions contained in our Website, as it is only of general orientation. We reserve the right to make changes to the website without prior notice.
22.9) The website may contain links to external Internet pages. MyGhealth has not reviewed all of these sites and is not under our control. MyGhealth is not responsible for the use or content of these external sites or for the content of any third party site that links to us.
22.10) Neither MyGhealth, nor its employees, partners, suppliers, agents and representatives, nor any other party involved in the creation, production or delivery of the MyGhealth website is liable for any direct, incidental, consequential, indirect or any other damage that arise from your access to, or inability to access, or the use of, or inability to use, the MyGhealth website and products. This includes, but is not limited to, economic loss, injury, illness or death.
23. Separation clause
If any portion of these Terms and Conditions is found unenforceable, the remaining portion will remain in full force and effect. The Parties will substitute invalid parts for conditions that are actually valid and that, taking into account the content and intent of these Terms and Conditions, conform as much as possible to the legal effects of the invalid party.
24. Applicable law
These Terms and Conditions are governed by and construed in accordance with US law and you will irrevocably submit to the exclusive jurisdiction of the US courts to resolve any dispute that may arise.
25. Notice Any notice you provide without complying with this section of Notices will have no legal effect.
We are located in the USA. We provide the Service for use by people located mainly in the USA, without excluding other countries. We will not be responsible for the Products and Services or any of its contents being accessible or appropriate outside of the USA. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of USA, you do so on your own initiative and are responsible for compliance with local laws.
No delay or omission by us in the exercise of any of our rights that occurs in case of breach or non-compliance by you with respect to any of the terms and conditions of this Agreement will prejudice any right or be construed as a waiver of the The same and a waiver by Us of any of the covenants, conditions or agreements to be made by you will not be construed as a waiver of any subsequent breach of the same or of any other covenant, condition or agreement in this document.
No waiver will be mandatory for us unless it is made in an express written signature signed by us.
If any provision of this Agreement is considered by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable, while reflecting the parties’ intent to the fullest extent permitted by the law.
Except as expressly provided otherwise in this document, this Agreement establishes the entire agreement between us and you with respect to its subject matter and supersedes all prior promises, agreements or representations, whether written or oral, with respect to such matter.
Your registration, this Agreement and your rights and obligations hereunder are not transferable or delegable by you to third parties without our prior written consent at our sole discretion.
Any alleged assignment, transfer or delegation without such consent shall be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations under this agreement), including any purchaser of our business, from time to time at our sole discretion.
This Agreement shall be binding and inescapable for the benefit of the successors of the parties and authorized assignees. This Agreement may be executed electronically, and your electronic acceptance or use of the Service will constitute the execution of this Agreement. You agree that the electronic text of this Agreement constitutes a deed and your consent to the terms and conditions of this document constitutes a “signature” “acceptance” for all purposes.
You agree that the email to your email address in the registry will constitute formal notice under this Agreement.