Terms and Conditions
As of October 29, 2019
CRI Genetics, LLC (“CRI Genetics/Omni PGX”) is subject to your compliance with the terms and conditions set forth below (the “Agreement”). You must read this Agreement carefully before using the CRI Genetics/Omni PGX website, crigenetics.com/OmniPGX/ (the “Website”). By using the Website, you agree to be legally bound by all terms in this Agreement. If you do not wish to be bound by this Agreement, you may not use the Website. The right to use Omni PGX is for you personally and cannot be transferred to any other person or entity.
Omni PGX may modify this Agreement at any time by posting a modified version on the Website. If you do not wish to be bound by this Agreement or a modified agreement, you may cancel by sending Omni PGX notice of termination to the e-mail or mailing address below. Until we receive such notice, your continued use of Omni PGX shall be deemed your acceptance of the terms. Omni PGX may at any time change or discontinue any aspect or feature of Omni PGX including but not limited to its Content and hours of availability.
Omni PGX is an interactive online service. “Content” means the reports, information, advertisements, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on the Website, whether such Content is owned by Omni PGX or third parties. “You” means the person who establishes or accesses a connection for access to the Website.
User Conduct:
(A) You shall use Omni PGX for lawful purposes only. You shall not transmit through Omni PGX any material which violates or infringes in any way upon the rights of others, including privacy rights and intellectual property rights.
(B) You acknowledge the Content contains copyrights and trademarks of Omni PGX and its affiliates. You understand that by using the PGX Services you are not granted any intellectual property rights. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part.
Disclaimer of Warranty: Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT WILL OMNI PGX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING THE WEBSITE OR DISTRIBUTING OMNI PGX PRODUCTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBISTE AND OMNI PGX PRODUCTS. IN ANY EVENT, OMNI PGX’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE PRICE PAID BY YOU OR YOUR PATIENT FOR PGX PRODUCTS.
THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY INACCURACY, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
OMNI PGX SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
OMNI PGX DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON THE WEBSITE TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES.
You agree to defend, indemnify and hold harmless Omni PGX, its affiliates and their respective directors, officers, employees and agents against all claims and expenses, including attorneys’ fees, based upon or arising out your use of the Website and Omni PGX products.
This Agreement shall be construed in accordance with the laws of California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Omni PGX for any violation of Omni PGX’s proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Los Angeles, California.
Your privacy is very important to Omni PGX. All information gathered in connection with your use of the Website and Omni PGX products is governed by the Omni PGX Privacy Policy and Data Consent Agreement.