TERMS OF SERVICE
General Genomics’ terms of service
Welcome to General Genomics, Inc. (together with its affiliates and subsidiaries, “GGI”). These Terms of Service (“Terms”) are legally binding upon you in the event that you use any service of GGI’s, including this website, and all linked and associated sites, surveys, and applications owned by GGI (the “Services”). If you do not consent to these Terms, you should immediately cease using any of GGI’s Services, including this website. These Terms govern your use and access to GGI’s Services regardless if the use or access is in connection with a GGI account or not. These Terms may be modified at any time and without prior notice to you. Your continued use of the Services means that you consent to these Terms as they may be modified in the future. GGI reserves the right to refuse to complete any of the Services in the event you either violate these Terms or are otherwise prohibited from utilizing the Services.
No unauthorized, unlawful, or harmful use of site
The Services are only for your use and you are the only authorized person to use it. You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or any content of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content thereof, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. GGI reserves all legal rights available to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of the services offered on or through our website, by hacking, password “mining,” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of our Services, including this website or any network connected to the website or Services, nor breach the security or authentication measures on our website or Services or any network connected to the website or Services. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to our website or Services, or any other customer of GGI, including any Curo46 account not owned by you, to its source, or exploit the Services or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personally identifiable information (“PII”), other than your own information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of GGI’s systems or networks, or any systems or networks connected to the Services or to GGI.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted via the Services, or with any other person’s use of the Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GGI on or through any Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Services or any content of the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of GGI or others.
Your account and user permissions
Certain Services offered may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify GGI immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GGI or any other user of Services due to someone else using your information, including password or account as a result of you failing to keep your account information secure and confidential. You will ensure that all users granted access to your account comply with these Terms, or other notices or conditions that GGI may, in its sole discretion, provide at any time without prior notice, and any confidentiality or other agreement you enter into with GGI. If you, and if applicable, make changes to your settings or user permissions within the Services, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.
Links to external sites
The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under GGI’s control, and GGI is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Information provided by you
GGI retains all rights permitted by law and, as determined in GGI’s sole discretion, may use any information you post or submit through the Services for any lawful use to GGI’s benefit. For other information and materials you post or otherwise provide via the Services (a “Submission”), you grant GGI, a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your Submission, each in connection with the Services and any program or project, and (2) sublicense these rights, to the maximum extent permitted by applicable law. GGI will not pay you for your Submission and may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to grant us the rights provided in this section and that such Submission is lawfully permissible.
You acknowledge that GGI will communicate with you primarily via email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, GGI, may monitor any electronic communications and/or activity you make via the Services and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with these Terms, protecting the rights, property, and interests of GGI or any third party, or for any lawful purpose GGI may desire.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained within the Services is owned, controlled, or licensed by or to GGI, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GGI’s express prior written consent.
You may use information on GGI’s products and Services (such as data sheets, knowledge base articles, and similar materials) purposely made available by GGI for downloading via the Services, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimers of warranties
GGI PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” GGI DOES NOT PROMISE OR REPRESENT THAT THE SERVICES OR ANY CONTENT, PARTICULAR SERVICE, OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS OR THAT ANY MEDICAL ISSUES MAY CORRECTLY BE DIAGNOSED. GGI DOES NOT PROVIDE MEDICAL ADVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT ARE AT YOUR SOLE RISK. YOU EXPRESSELY AGREE THAT ALL CONTENT VIA THE SERVICES DOES NOT REPRESENT OR CONVEY IN ANY WAY THAT ANY APPLICATIONS LINKED OR CONTAINED WITHIN THE SERVICES WILL CURE OR TREAT ANY ILLNESS, DISEASE, OR OTHERWISE, AND YOUR PERMITTED USE AUTHORISED BY GGI, SUBJECT TO THESE TERMS, DOES NOT, IN ANY WAY, WARRANT IN ANY CAPACITY THE RESULTS OF ANY SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GGI MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, AND MATERIALS INCLUDED VIA THE SERVICES, OR OTHERWISE, AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GGI DOES NOT WARRANT THAT ANY APPLICATION, SERVICES, ITS SERVERS, OR EMAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GGI FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
GGI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of liability
IN NO EVENT WILL GGI BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF GGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE SERVICES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT GGI IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES; (4) ANY INCOMPATIBILITY BETWEEN THE APPLICATIONS, SERVICES, SOFTWARE, AND HARDWARE; OR (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If, notwithstanding the other provisions of these Terms, GGI is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any Content, GGI’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any Service or feature of or in the Services paid in the six months prior to the date of the initial claim made against GGI (but not including the purchase price for any GGI program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnification
You agree to release, indemnify, defend, and hold harmless GGI and its affiliates, parent companies, subsidiaries, and their respective officers, directors, shareholders, predecessors, successors in interest, employees, and agents against any demands, claims, losses, damages, settlements, costs, expenses or other liabilities (including, without limitation, attorneys’ fees), made against GGI by your or any third party due to or arising out of or in connection with your use of the Services (together, “Claims”).You agree to use counsel reasonably satisfactory to GGI to defend each Claim. If at any time GGI reasonably determines that any Claim might adversely affect GGI, GGI may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without GGI’s prior written consent, which may be withheld for any reason.
Supplemental
These Terms may be modified or supplemented by other terms and conditions contained within specific contractual documents. To the degree these Term conflict with any specific contractual terms between you and GGI, the specific contractual terms shall apply.
Termination
GGI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) GGI’s rights or property, or the rights or property of visitors to or users of the Services. GGI reserves the right at all times to disclose any information that GGI deems necessary to comply with any applicable law, regulation, legal process, or governmental request. GGI also may disclose your information when GGI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that GGI may preserve any transmittal or communication by you with GGI through the Services and may also disclose such data if required to do so by law or GGI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of GGI, its employees, users of or visitors to the Services, and the public.
You agree that GGI may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to GGI, for which monetary damages would be inadequate, and you consent to GGI obtaining any injunctive or equitable relief that GGI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GGI may have at law or in equity.
You agree that GGI may, in its sole discretion and without prior notice, terminate your access to the Services, due to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Services, or (4) unexpected technical issues or problems.
If GGI does take any legal action against you as a result of your violation of these Terms, GGI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GGI. You agree that GGI will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.
Choice of law and venue
The laws of the State of Oklahoma govern these Terms and the Services and any dispute or claims for enforcement, breach or violation of duties, or rights under these Terms or by virtue of the Services, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the District Court of Oklahoma County in all disputes arising out of or relating to the use of the Services or Content.
Use of your information for research or internal purposes
In order to improve the Services and develop other Services, GGI may utilize information obtained from you via the Services for its internal business purposes such as product development and/or for research purposes, including any other use authorized by you. These activities may include, among other things, improving our Services and/or offering new products or Services to you or performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
PRIVACY POLICY
Data privacy laws and regulations are still in their developmental stage within the United States and other jurisdictions. Accordingly, this Privacy Policy is intended to ensure compliance with the various data protection laws and regulations when using the Services; however, to the extent any law or regulation differs from the terms set forth herein, GGI will comply with the jurisdictional requirements of that variant state or country if applicable. This Privacy Policy applies to your use of the Services and all other websites, pages, features, or content owned or controlled by GGI if applicable law so requires.
A. Information Collected by GGI.
In order to perform the Services, we may collect personally identifiable information (“PII”). Depending upon the jurisdiction within which you reside or operate, PII may have differing definitions. Nonetheless, PII is information that can be utilized to reasonably identify an individual, and may include, but is not necessarily limited to, information about an individual such as name, user ID, password, address, date of birth, or genetic information; provided, publicly available information, de-identified data, and/or aggregate data may not be considered PII. To the maximum extent possible, GGI de-identifies and aggregates data when PII is being utilized for purposes other than rendering Services to you, and often even when rendering Services to you. De-Identified Information is information that has been stripped of PII, so that an individual cannot be reasonably identified, and aggregate information is information regarding a group of people and cannot be reasonably linked to a particular individual.
B. How GGI Collects Information.
We collect information provided by you when you access any of GGI’s Services. We may also collect information from third-party providers. Further, GGI may utilize either the information collected directly from you or third-party providers to infer certain characteristics about individuals. To the extent an applicable data privacy law so requires, GGI will afford to you those rights, typically including, but not necessarily limited to, the right to know who GGI shares your PII with, the right to opt-out of such sharing, the right to correct inaccurate PII, the right to delete your PII, the right to access your PII and/or obtain a copy of the same, the right to limit the use and sharing of your PII, and the right to have an authorized agent act on your behalf. To exercise any such applicable rights, please contact: Jeffrey Rothchild, jeffrey@curo46.com, to exercise any applicable right, GGI will require identity verification.
C. How GGI Uses Your Information.
GGI does not sell PII. Subject to applicable law, GGI uses your information for internal business purposes such as: Performing contractual obligations between you and GGI, improving or developing new Services, internal security, internal auditing and verification, debugging, contacting you regarding the Services, investigate and/or enforce any violation of the Terms or applicable law, conduct research, and comply with legal requirements. GGI only retains PII as long as necessary to provide the Services or to comply with legal obligations or for legitimate lawful business purposes.
D. Who GGI Shares Information with.
Subject to applicable law, we share information with our service providers who help us provide the Services. Such service providers enter into agreements with GGI to protect the confidentiality and security of data, including PII. You may direct GGI to share your information with anyone you so choose. PII may also be shared internally with subsidiaries and affiliates of GGI when necessary and permitted by law. GGI will not otherwise share or sell any PII and will not disclose PII to any governmental agency, absent compliance with appropriate legal process. GGI may also utilize PII to enforce GGI’s Terms or to protect the rights of GGI, its affiliates and employees, and the public. GGI abides by any legally binding specific requests regarding the sharing, storing, or deletion of PII unless the same interferes with a legitimate business right of GGI.
E. How GGI Protects your Information.
GGI utilizes physical, technical, and administrative measures to prevent unauthorized access to the Services and relevant data, including PII. Nonetheless, protection of your passwords and login credentials are your responsibility, and GGI disclaims any and all responsibility for breach of the Services or PII via your failure to protect your own information.
F. EU Compliance.
If you are a resident of the EU or participating state in the EU General Data Protection Regulation (“GDPR”) we process PII based upon consent, legal obligations, and/or legitimate interests to protect GGI’s rights and the rights of third-parties or other customers of GGI. You may have the right to access, delete, correct, or withdraw your consent, or have your data ported to you. You can verify the ability to exercise these rights by contacting: Jeffrey Rothchild, jeffrey@curo46.com.
G. Updates to Privacy Terms and Conditions.
Any revisions or updates to these Privacy Policies will be posted on our website, and your continued use of the Services is to be considered consent to any revisions or updates to these Privacy Policies.
COMPLETE AGREEMENT AND SEVERABILITY
These Terms, including the Privacy Policy, contain the sole agreement between the parties pertaining to the purchase, use, and support of the Services. There are no other representations or agreements except as contained herein, unless in writing and signed by you and GGI. This Agreement may only be modified by written instrument signed and executed by you and GGI. Further, to the extent any term or provision herein is considered illegal or unenforceable, the remaining provisions contained herein that are not subject to such illegality or unenforceability shall remain in full force and effect; provided further, to the extent any term or provision contained herein is illegal or unenforceable, but is subject to modification by a court to bring the same into legal or enforceable compliance, you and GGI agree that a court may exercise such power to revise the term or provision to bring it within lawful or enforceable compliance.
