TERMS OF USE
1. IMPORTANT LEGAL NOTICE
Please read this page carefully because it states the “Terms” under which you may use www.existencehealth.com (the “Site”), which is owned by Existence Health Inc. (“EXHE,” “we,” “us,” etc.). If you do not accept the Terms, do not use the Site. If you use the Site, e.g., by viewing or copying any information, you indicate your acceptance of and agreement with the Terms.
You are responsible for regularly reviewing the Terms. We may revise the Terms at any time by posting an update to this page, so you should visit this page periodically because if you continue to use the Site after we post changes to the Terms, it means you have accepted the changed Terms.
2. Use of Material
Ownership: The contents of the Site, such as text, graphics, images, and other material (collectively, "Material"), are owned by us and our licensors and partners, and are protected by United States and foreign intellectual property and other laws. Unauthorized use of any Material may violate those laws.
Trademarks: Unauthorized use of any trademark, service mark, or other commercial symbol (“Mark”) may be a violation of federal, state, or international trademark law. Marks are the property of their owners, and Marks referenced on the Site are either Marks that belong to us or to a third party.
Personal Non-Commercial Use: You may view the Material, which we provide as a service to Site users for general informational purposes only. We authorize you to download a single copy of the Material solely for your personal, non-commercial use. You must retain all COPYRIGHT © 2011 EXISTENCE HEALTH and other proprietary notices in the original Material on any copy you make. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose or allow anyone else to do so. You may not use the Material on any other web site or in a networked computer environment for any purpose.
No Adaptation or Scraping: You may not copy or adapt the HTML or other code that we use to generate our pages; both the code and pages are also protected by COPYRIGHT © 2011 EXISTENCE HEALTH. Without our prior written permission, you also may not use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, program, algorithm, or methodology having similar functionality, or any manual process, to monitor or copy any of the pages, Material, data, or other information on or accessed through the Site.
3. Acceptable Use
General Rules: You may not use the Site to transmit, distribute, store, or destroy material: (a) in violation of any applicable law or regulation; (b) that infringes the COPYRIGHT © 2011 EXISTENCE HEALTH, trademark, trade secret, or other intellectual property right of another or that violates the privacy, publicity or other personal right of another; or (c) that is, in EXHE’s sole judgment, obscene, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, embarrassing to any person or entity, or is otherwise unsuitable for the Site.
Security Rules: You may not violate or attempt to violate the security of the Site or use it to violate the security of another web site by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host, or network, including by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any EXHE packet header or any part of the header information in any e-mail or newsgroup posting; or (f) deleting or revising any information or other material posted by another person or entity. Violations of system or network security may result in civil or criminal liability. We may investigate a violation of any Term, and if we consider it reasonable, we will involve and cooperate with law enforcement in prosecuting anyone who is involved in any such violation.
4. User Information
If you register for the Site, e.g., to receive our newsletter, or if we so configure the Site to receive a password and other log-in information, you will be asked to provide certain information, including, without limitation, a valid email address. Such information and any password and other log-in information is collectively referred to as “Your Information." You must provide true, accurate, current, and complete information and promptly update Your Information to keep it accurate and complete. Please see our Privacy Policy for further details regarding our use of Your Information.
5. Submissions
From You: As a user of the Site, you are responsible for your actions and communications and their consequences. You agree not to impersonate another person and not to post anything:
- that is COPYRIGHT © 2011 EXISTENCE HEALTH, unless you are the COPYRIGHT © 2011 EXISTENCE HEALTH owner or have the permission of the COPYRIGHT © 2011 EXISTENCE HEALTH owner to post it;
- that reveals a trade secret, unless you own it or have the permission of the owner to do so; or
- that infringes or violates an intellectual property, privacy, publicity, or other right of another.
Screening: We have no obligation to screen communications in advance and are not responsible for monitoring material posted by users. If we’re notified of a communication that allegedly does not conform to any Term, we may investigate that allegation and determine in good faith and our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to perform or not perform such activities. We reserve the right: (i) to expel users and prevent their further access to the Site for violating any Term, and (ii) to remove communications that, in our sole judgment, do not conform to or comply with any Term.
License From You: By submitting content to the Site, including message boards, forums, and other interactive places on the Site, you grant us and our affiliates the royalty-free, irrevocable, worldwide, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) and to incorporate it in other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also shall permit any user to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of content placed on the Site retains any and all rights that may exist in such content.
6. Registration and Password
You are responsible for maintaining the confidentiality of Your Information including, if applicable, your password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify EXHE of any unauthorized use of your registration or password.
7. Our Material
General Education:The Material is compiled from a variety of sources and is presented for general education of the public on EXHE, genetic testing, and related subjects, which include genomic research, predictive and personalized medicine, pharmacogenomics, genetic screening, analysis, and comparisons, including competitive services.
No Recommendation: We do not endorse or recommend any specific courses of action, tests, procedures, or other Material mentioned on the Site. The understanding of genetic information is changing and evolving quickly and no one can comprehend the whole picture at any one time.
Not FDA Approved: We analyze and report on specific portions of the patient’s genome, which is usually not everything for which the chip is capable of testing. Our reports are based on information from one or more published, independent, third-party scientific and medical journals and research indicating evidence to support our analysis and recommendations. We provide a report which analyzes the patient’s risk of being subject to one or more particular genetic conditions or being a carrier of, or affected by, one or more particular genetic conditions. Any such risk analysis will be in connection with your genetic information and based on probabilities and current scientific analysis, which could change over time as we or others learn more about the human genome.
Medical Practice: The Site is only for reference and general educational purposes and is not to be used for diagnosing or treating anyone, or to prescribe medication or treatment. The Site is not intended to replace medical advice from a medical professional. Use of the Site does not make you a patient of Existence Health. You are not a patient of Existence Health or any physician associated with Existence Health unless you are seen by an Existence Health physician during an appointment for medical care. Existence Health physicians do not take night call and are not primary care practitioners – instead, they are specialists that practice predictive medicine.
Opinions differ on the importance and relative weights given to genetic factors. Also, epidemiologic data aren’t available for some diseases, and we may not be able to provide sufficient information about the severity of a disease, what actions you can take to prevent it, its clinical significance, your carrier status, and/or the likelihood you or a family member may be affected by a particular disease or risk. EXHE physicians must make judgments about relative, absolute, and/or lifetime risks.
Therefore, our reports may not be 100% accurate (e.g., new research could mean different results) and may not predict actual results or outcomes. A patient’s risk of any particular phenotype, disease, or condition is also based on other factors not tested by our chip, e.g., diet, lifestyle, genetic variants not recognized by our chip, etc. Also please note that we may not update reports to incorporate new or changed research or scientific results
NOTE: Before any patient’s genome is tested, the patient must complete an informed consent.
No Diagnosis, Treatment, Etc.: Nothing on the Site should be used for medical diagnosis or treatment. Any information we provide should not be considered complete, nor should it be relied on to suggest diagnosis or treatment for a particular individual. Material on the Site should not be relied upon for personal, medical, legal, technical, or financial decisions. Material should not be used in place of a visit with or advice from your doctor or other qualified health care professional. You should always get the advice of your doctor or other appropriate health care professional if you have any question about diagnosis, treatment, prevention, mitigation, or cure of any medical condition, phenotype, disease, impairment, or status of your health. Opinions, advice, statements, and other information on the Site may be from others and are not necessarily those of EXHE. If you have any health care related questions, please promptly consult your physician or other qualified health care provider.
8. Liability
No Representation or Warranty: The Material may contain inaccuracies or typographical errors or even unauthorized additions, deletions, or alterations. If you think you have discovered an inaccuracy or other mistake, please let us know at info@existencegenetics.com so it can be corrected. But please recognize that we do not (and cannot) make any representation about the accuracy, reliability, suitability, completeness, or timeliness of the Site or any Material. Using the Site and the Material is at your own risk. We reserve the right, in our discretion, to modify, add, or remove portions of the Site and Material at anytime without notice.
Your Content: You are solely responsible for the form, content, and accuracy of anything you directly or indirectly place on the Site.
Disclaimer:WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
NEITHER EXHE NOR ANY OF ITS LICENSORS OR PARTNERS PROVIDES MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE. THE MATERIAL SHOULD NOT, AND MAY NOT, BE USED FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
THE SITE AND MATERIAL ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, THE SITE, OR LINKS TO OR FROM THE SITE.
IN NO EVENT WILL WE, OUR SUPPLIERS, OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR OTHER DAMAGES) ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED TO THE USE, PERFORMANCE, DELAY, OR INABILITY TO USE THE SITE OR ANY MATERIAL. THIS IS TRUE WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. If you are UNHAPPY with any portion of the site, ANY TERM, OR ANY MATERIAL, your sole and exclusive remedy is to NOT usE the site. BECAUSE SOME STATES AND jurisdictions do not allow the exclusion or limitation of liability for consequential damages, the above limitationS may not apply to you.
10. Links to Other Sites
The Site contains links to third-party web sites. The links are provided solely as a convenience to you. We have not investigated, do not endorse, and are not responsible for their content, and we do not make any representation about the accuracy, usefulness, completeness, or reliability of any information, data, opinion, advice, or statement on any third-party site. If you decide to access a linked third-party site, you do so at your own risk. We strongly encourage you to make whatever investigation you feel is necessary or appropriate before proceeding with any online or off-line transaction with any third party.
11. Termination
If you breach any Term, we reserve the right, in our sole discretion, to immediately terminate your registration with, or ability to access, the Site and any other service we provide.
12. Indemnity
You agree to defend, indemnify, and hold us, our affiliates, and our and their respective members, officers, directors, employees, and agents harmless from and against all allegations, claims, losses, expenses (including without limitation reasonable legal and accounting fees, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages (collectively, “Losses”) resulting from or otherwise arising directly or indirectly in connection with your breach of any Term and/or use of the Site or any Material and, if applicable, use of your log-in information. We will notify you promptly of any Loss we discover and will assist you, at your expense, to defend against any such Loss.
13. General
Non U.S. Users: We make no claim that the Material may be lawfully viewed or downloaded outside the United States. Access to the Material may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law: The Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will be exclusively in the state or federal courts in California, and you consent to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles, California, if there is any dispute between us which cannot be resolved as provided herein.
Arbitration: Any claim or other dispute relating to the Terms or your use of the Site, including the determination of the scope or applicability of this Term, shall be determined by arbitration in the City of Los Angeles, California, before one (1) neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any award may be entered in any court having jurisdiction. This Term shall not preclude a party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may award all or part of the costs of the arbitration, including fees of the arbitrator and reasonable attorneys’ fees to the prevailing party.
Severability, Etc.: If any Term is found to be invalid by any court or arbitrator having competent jurisdiction, the invalidity of such Term will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of that Term or any other Term. The Terms are the entire agreement between you and us with respect to the use of Site. No change to any Term may be made except by a revised posting on this page.
14. Contact
If you have any questions about the Terms, please use the contact information at contact.html.
15. Privacy
Any personally identifiable information you submit to EXHE will be governed by our privacy policy.
PRIVACY POLICY
1. General
Existence Health Inc. (“EXHE,” “we,” “us,” etc.) respects the privacy of every individual who visits www.existencehealth.com (“Site”). This Privacy Policy outlines what information EXHE will collect and how we will use it. This Policy will also instruct you on what to do if you do not want your “Personal Information” collected or shared.
2. What Information Do We Collect?
Automatically: EXHE will automatically collect information about your use of the Site, such as the domain and Internet address of the website from which you accessed the Site, the date and time you access the Site, and your IP address (the series of numbers associated with your individual computer). This information is not “Personal Information” and does not tell us who you are. We may use automatically collected information to analyze and enhance the Site, and we may aggregate and share this information with business partners, sponsors, and other third parties.
Personal Information: EXHE may ask you for personal information (“Personal Information” or “PI”) such as your name and email address. For example, we request PI when you register to receive newsletters or other information from us. We will not ask you for any financial information, and we will not collect any other PI about you unless you provide it to us voluntarily in response to our request. Except as stated in this Privacy Policy or as otherwise stated at the time Personal Information is gathered, we will not provide your PI to third parties.
DO NOT GIVE US ANY PERSONAL HEALTH INFORMATION. That information should be shared only between you and your doctor or other medical advisors. Please also note that any communication or material that you transmit to the Site, including data, questions, comments, suggestions, and anything other than the PI you give us in response to our requests, is, and will be treated as, non-confidential and nonproprietary information.
Non-Personally-Identifiable Information: EXHE may also collect information about you that is not personally-identifiable. Examples include your gender, interests, and preferences, but, again, we will not collect any such demographic information about you unless you give it to us voluntarily. If you do, we may share it with advertisers, business partners, and other third parties. For example, we may inform a sponsor that the membership of the Site is X percent female and Y percent male.
3. How Do We Use Information We Collect?
Automatic Information: When you view the Site, we may store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies can be accessed by the Site when you next visit (so we know it’s you) and allow us to tailor the Site to better match your interests and preferences. Also, advertisers and third parties that provide products or services may also assign their own cookies to your computer. We cannot control this process. Most Internet browsers automatically accept cookies, but you can set your browser to erase cookies from your computer, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
Personal Information: When you provide us with PI, we may:
- store and process your PI to better understand your needs and how we can improve the Site and our services;
- use your PI to respond to or contact you for informational, marketing, and promotional purposes;
- disclose your PI to third parties when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EXHE's rights or property, other users of the Site, or anyone else that could be harmed by such activities;
- disclose your PI to third parties if we believe in good faith that the law requires it; and
- transfer your PI to successors of our business assets.
Except as stated in this Privacy Policy or as otherwise stated at the time your PI is gathered, we will not provide it to third parties.
Non-Personal Information: We may provide third parties information about you that does not allow you to be identified or contacted, and such information may be combined with similar information of other Site users. For example, we might inform third parties of the demographic breakdown of our registered users. These third parties may include potential or actual advertisers, providers of advertising products or services (including vendors and web site tracking services), commercial partners, sponsors, licensees, researchers, and other similar parties.
The Site is directed only at adults, not children, and EXHE does not intend to collect any PI from any child. If a child has provided us with PI, a parent or guardian should contact us at the mailing address, email address, or phone number listed at the bottom of this Policy to identify this information, and we will use reasonable efforts to delete such information from our existing files.
5. Information We May Place Automatically On Your Computer
When you view the Site, we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and will help us in many ways. For example, Cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers, you can erase Cookies from you computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
6. Links to Other Sites
The Site allows links to various other sites. EXHE assumes no responsibility for the information practices of sites you are able to access through the Site. A link to another site does not imply affiliation or endorsement of that linked site.
7. Security
Please keep in mind that whenever you give out Personal Information online, that information can be collected and used by people you don't know. While EXHE strives to protect your PI and privacy, we cannot guarantee the security of any information transmitted online, and such transmission is at your own risk. If we receive your PI, we will take reasonable efforts to ensure its security on our systems. EXHE will never ask you for your password in an unsolicited phone call or email.
8. Your Acceptance Of This Privacy Policy
By using the Site, you signify your assent to our Privacy Policy. If you do not agree to this Policy, do not use the Site. We reserve the right to change this Policy at any time, and your continued use of the Site after we post any change to this Policy will mean you accept the change.
9. Changes; Who to ContaCT
Changes: If you would like to remove or change your PI, you may do so by visiting info@existencehealth.com. Remember, however, that removing some or all of your PI may limit your ability to access some or all of the features and services of the Site.
Opting Out: In addition, so that you control your PI and communications directed to you, we allow you to opt-out of receiving communications from EXHE. Instructions for opting out are sent with each email communication from EXHE. You also may opt-out by emailing us at info@existencehealth.com.
Questions: If you have questions or concerns regarding this Privacy Policy, you should contact EXHE by mail at: Existence Health, 10780 Santa Monica Blvd., Suite 360, Los Angeles, CA 90025; by telephone at: (424) 245-5878; or by email to info@existencehealth.com.
INFORMED CONSENT
Existence Health requires the signing of an informed consent agreement prior
to providing its genetically tailored services. The informed consent form
will be provided by your Existence Health physician, who can answer any
questions you may have.
