MOSS GENOMICS INC. TERMS AND CONDITIONS
Effective Date: April 04, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PRODUCT, WEBSITE OR SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICE.
These Terms and Conditions (“Terms”) govern your (“you” or “user”) access to and use of the, products, services, programs, websites (including, www.mossgenomics.com (the “Website”), software applications and any other part, section, trial, and/or component (including knowledge gained) (collectively, the “Service”) provided by Moss Genomics Inc. (“Moss Genomics,” “we,” or “us”). These Terms do not alter in any way the terms or conditions of any prior written agreement you may have with Moss Genomics. By subscribing to or otherwise using the Service or accessing any content or material that is made available by Moss Genomics through the Service, you agree to be bound by these Terms.
Please note that some features of the Service may be provided under additional and separate legal agreements. If that is the case, when you first participate in or use this service, you will be provided an opportunity to review and agree to the terms that govern this service. If there is a conflict between these Terms and the specific terms of service for a particular service, the specific, applicable terms will apply.
Use of the Service
In order to use the Service, you must (a) be at least 18 years old or above the legal age of majority to form a binding contract in your country of residence, whichever is greater; (b) be a person not barred from receiving the Service under the laws of the country of residence from which you use the Service; or (c) if you are below the legal age majority in your country of residence, only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Term and who has submitted to Moss Genomics the proper parental/guardian consent forms. Some Moss Genomics features associated with the Service are not offered to minors under the age of 13 or 18, even with parental/guardian consent. In such cases, Moss Genomics restricts Registration of those services or features for anyone below the age of 18, and you agree not to use such services or features or cause such services or features to be used by anyone below the age of 18.
Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may not be available to users in all geographic locations.
To access and use the parts of the Service you may have to set up an account. To set up an account you must be of legal age in your province of residence and provide a valid email address. You are responsible for all activities occurring through your account, including any password misuse or any unauthorized access, so it is important that you keep your account information confidential and secure. Accordingly, you must treat any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures as confidential, and you must not disclose your account credentials to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you, and you agree not to provide any other person with access to it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.
Your provision of your personal information constitutes your consent to our collection, use and disclosure of this information for the purpose of providing the Service through this Website to you, and for consistent purposes.
Right to Change/Modify
Moss Genomics reserves the right to change or modify these Terms or any policy or guideline incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting or communicating of the revisions through the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies from time to time to understand the terms and conditions that apply to your use of the Website or Service.
Right of Refusal
Moss Genomics reserves the right to refuse to provide Service or access to the Website to any customer and/or potential customer and shall not be required to be provide a basis for such a decision to the customer.
The Service (including the Website), and all designs, text, graphics, pictures, material (physical and digital), videos, information, data, and software contained in or comprising the Service (including the Website), except for the User Content (as defined below) (collectively, the “Materials”) are the property of Moss Genomics or Moss Genomics’ licensors and are protected by Canadian and international copyright, trademark laws, patent, and other intellectual property laws.
Moss Genomics grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Moss Genomics. You promise and agree that you are using the Service and any of the Materials for your own personal, non-commercial use and that you will not redistribute or transfer the Service or any of the Materials.
Moss Genomics offers a host of products and services (hereinafter, “Products”) available for order on its Website. These Products and the representations regarding the same are subject to these Terms. Moss Genomics’ Products include an opportunity for you to submit various samples which may include one or more of stool, blood, saliva, cheek swab, and/or urine, using test kits provided by Moss Genomics (hereinafter, “Sample”). ANY SAMPLE, ONCE SUBMITTED TO MOSS GENOMICS IS ANALYZED AND PROCESSED IN AN IRREVERSIBLE MANNER AND NO SUCH SAMPLE MAY BE RETURNED TO YOU AFTER ITS SUBMISSION. FURTHERMORE, NO REFUND WILL BE GIVEN ONCE A USER’S SAMPLE HAS BEEN SENT FOR SEQUENCING.
You understand and agree that you transfer and assign all right and title to that Sample after submission of the same and the information derived there is property of Moss Genomics and/or its assignees.
Moss Genomics may not be able to process your Sample and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your Sample does not contain a sufficient volume of DNA, you do not provide enough of a Sample, or the results from processing do not meet our standards for accuracy.
If the initial processing fails for any of these reasons, Moss Genomics will reprocess the same Sample at no charge to the user. If the second attempt to process the same Sample fails, Moss Genomics will offer to send another kit to the user to collect a second Sample at no charge.
If the user sends another Sample and Moss Genomics' attempts to process the second Sample are unsuccessful, Moss Genomics will not send additional Sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Moss Genomics, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service.
You should not expect nor are you entitled to any financial benefit as a result of submission of your Sample. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information that you have done so voluntarily and that you acquire no rights in any research or commercial products that may be developed by Moss Genomics or its collaborating partners and waive any rights you may acquire by operation of law. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Sample or information you provide to Moss Genomics.
Moss Genomics does not represent that the Products and Materials, or the Service in general is appropriate or made available for use outside of Canada.
Recognizing the global nature of the online Service, you agree to comply with all local rules regarding doing business online, specifically, you agree (i) that submitting your Sample to Moss Genomics is not subject to any export or import ban or restriction in the country of your residence; (ii) that your Sample and personal information may be transferred and/or processed outside the country in which you reside; and (iii) that you will comply with all applicable laws regarding the transmission of technical information exported or imported from Canada or the country from which you access the Service online.
Conditions of Use
When you register for an account, you must (a) provide accurate and complete information, and (b) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password will be your responsibility.
In using the Service, you agree not to engage in any of the following activities: (a) any resale or commercial (non-personal) use of the Service, Products or the Materials therein; (b) the distribution, public performance or public display of the Service or any of the Products or Materials; (c) any modification or derivative use of the Service, Products, or the Materials, or any portion thereof; (d) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service; (e) the download (other than page caching) of any portion of the Service, Products, or the Materials, or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Moss Genomics’ servers or computer systems or to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service; (g) the collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service, or the use of communication systems provided by the Service for any commercial solicitation purposes; (h) the use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; or (i) any use of the Service, Products, or the Materials other than for their intended purpose.
Some features of the Service may include functionality enabling you to post content, such as profiles, notes, messages, photos, and videos (“User Content”) that may be made available to Moss Genomics and/or other users of the Service. Moss Genomics has the right to refuse any User Content. You agree that Moss Genomics, at its sole discretion, has the right to screen, reject, or remove any User Content, or any portion thereof, posted using the Service that infringes Moss Genomics’ or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable.
Moss Genomics reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Moss Genomics has the right to suspend or terminate the Service at any time without preserving your User Content. In using the Service, you agree not to post any User Content that (a) is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (f) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (g) in the sole judgment of Moss Genomics, may expose Moss Genomics to any harm or liability of any type; or (h) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
By posting User Content, you grant Moss Genomics and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable, and sub-licensable (through unlimited levels of sublicense) non-exclusive right to use, reproduce, modify, transmit, publish, display, distribute, and create derivative works of such User Content for purposes of delivering the Service to you and other users of the Service. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) distribution of the User Content you supply in accordance with your direction does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
All rights are reserved to Moss Genomics. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this website or Products without express written permission from Moss Genomics. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of Moss Genomics.
You agree that you will not, and will not assist or enable others to use the Website: (a) to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the website; (b) in violation of these Terms or any applicable law; (c) to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website content except as expressly authorized by Moss Genomics; or (d) to mine, record or gather information about other users.
Moss Genomics may terminate or suspend your account and/or ability to use the Website or any part of the Service, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.
Charges and Billing
Moss Genomics charges a fee for certain Products. You must provide a valid credit card number when you order a Product. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Product ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Moss Genomics income). We reserve the right to accept or reject orders for any reason. Price and availability of Products are subject to change without notice (unless you have purchased an ongoing subscription to a Moss Genomics Product, in which case the subscription price paid by you for such service shall apply during the term of such subscription). You agree that any payment submitted by you for Moss Genomics Products is submitted on behalf of yourself, without expectation of any reimbursement by third-party payers.
Moss Genomics will not submit any information provided by you for reimbursement or payment from private insurance carriers or any other third-party payers. Moss Genomics may offer paid service plans which provide for ongoing Products over a specified period of time (for example, quarterly or annually). Any such plan shall automatically renew at the end of the stated service period (and again at the end of any subsequent renewal period) at the then-current renewal price until cancelled. Please note that Moss Genomics may provide refund(s) for current service plans or enrollments at its sole discretion regardless of when you cancel your account before the current service period expires. In addition, you may be responsible for paying any balance due on the account when you cancel. You agree that we may charge any unpaid fees to you through the payment method you provided during registration, and/or we may send you a bill for such unpaid fees. Moss Genomics will not provide a refund once a user’s Sample is sent for DNA sequencing and/or analysis.
[NTD: Company to confirm billing practices]
Moss Genomics respects the intellectual property rights of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send us a notice with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Moss Genomics s will also terminate a user’s account if the user is determined to be a repeat infringer. Please use the following contact for notice of alleged copyright infringement appearing in connection with the Service is:
Submit via Email: email@example.com
By Mail: Moss Genomics Inc., 907 – 1030 West Georgia Street, Vancouver, BC, V6E 2Y3, CANADA
Attn: Karl Cahill, CEO
For your convenience, this Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may not frame our Website must not be framed on any other site, nor may you create a link from any other Website to any part of our Website other than to our homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT AND DISEASE OR ILLNESS. THE SERVICE AND THE INFORMATION ON MOSS GENOMICS WEBSITE IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT MOSS GENOMICS IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION AND IS NOT TO BE USED FOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED OR AGREED.
THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOSS GENOMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. MOSS GENOMICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, MOSS GENOMICS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. MOSS GENOMICS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE MOSS GENOMICS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, MOSS GENOMICS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.
BY SUBSCRIBING FOR ANY PARTICULAR SERVICE OR PURCHASING ANY PRODUCT AND AGREEING TO THESE TERMS, YOU AGREE THAT ANY PRODUCTS, UPON RECEIPT BY YOU, ARE CONSUMED ONLY BY YOU AND YOU WILL NOT PERMIT, SHARE, OR ALLOW ANYONE OTHER THAN YOU TO CONSUME THESE PRODUCTS. FURTHER, YOU AGREE THAT MOSS GENOMICS IS NOT LIABLE FOR ANY MISUSE OR MIS CONSUMPTION OF THE PERSONALIZED PRODUCTS YOU RECEIVE FROM MOSS GENOMICS.
ANY STATEMENTS ON MOSS GENOMICS WEBSITE, PRODUCTS, SERVICE, OR PACKAGING HAVE NOT BEEN EVALUATED BY HEALTH CANADA. MOSS GENOMICS PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
ANY INFORMATION CONTAINED HEREIN, OR ON MOSS GENOMICS SERVICE IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.
Limitation of Liability
IN NO EVENT SHALL MOSS GENOMICS OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MOSS GENOMICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOSS GENOMICS’S SERVICE OR MOSS GENOMICS’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MOSS GENOMICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID FOR THE SERVICE, IF ANY, TO MOSS GENOMICS FOR ACCESS TO OR USE OF THE SERVICE IN THE MONTH PRECEDING THE MONTH IN WHICH THE ACT OR OMISSION GIVING RISE TO THE CLAIM. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MOSS GENOMICS, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOSS GENOMICS AND YOU.
To the maximum extent permitted by applicable laws, you agree to defend, indemnify, and hold harmless Moss Genomics and its respective subsidiaries and affiliates, and each of their respective directors, officers, members, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, both former and present, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees (including reasonable attorneys’ fees, or damages from any claim or demand made by any third-party due arising out of or relating to (i) your access or use of the Website, the Materials, the Products, or the Service generally, (ii) your violation of these Terms, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.
All disputes arising out of or in connection with these Terms and any policies or agreements incorporated by reference, or in respect of any defined legal relationship associated herewith or derived therefrom, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the ADR Institute of British Columbia. The appointing authority shall be the ADR Institute of British Columbia. The case shall be administered by the ADR Institute of British Columbia in accordance with its arbitration rules. The place of arbitration shall be Vancouver, or, if agreed to between the parties, any other location in the province of British Columbia.
Waiver of Jury Trial and Class Action Suits
BY ENTERING INTO THESE TERMS, YOU AND MOSS GENOMICS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
These Terms any policies or agreements incorporated by reference will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms that cannot be, or has failed to be, settled by arbitration pursuant to the clause above, will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
If any provision these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be enforced only to the extent it is enforceable and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
Neither party may assign these Terms without the written consent of the other and any attempt to do so shall be void, except that these Terms may be assigned as part of a merger or acquisition of substantially all of the assets or stock of the assigning party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moss Genomics.
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of any part of these Terms by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
These Terms constitute the complete and exclusive statement of the agreement between the parties with respect to the use of the Service and any acts or omissions of Moss Genomics, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties with respect to the subject matter thereof.