Terms of Service

Your Agreement with Genivity. Your use of Genivity is governed by this agreement.  Genivity means TapGenes, INC.

NOT MEDICAL ADVICE

Genivity does not offer medical or financial advice. Any content accessed through Genivity is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed throughTapGenes. Call 911 or your doctor for all medical emergencies.

YOUR ACCOUNT AND USE OF GENIVITY

You must provide accurate and complete registration information any time you register to use Genivity. You are responsible for the security of your passwords and for any use of your account. You must immediately notify Genivity of any unauthorized use of your password or account by sending an email support@genivity.com Your use of Genivity and any content accessed through Genivity must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use Genivity. You may not access Genivity other than by the interfaces provided by Genivity or interfere with or disrupt the proper operation of Genivity.

USE OF YOUR INFORMATION

If you create, transmit, or display health or other information while using Genivity, you may provide only information that you own or have the right to use. When you provide your information through Genivity, you give Genivity a license to use and distribute it in connection with Genivity and other Genivity services. However, Genivity may only use and transmit to third parties any health information you provide as directed by you, as described in the Genivity Privacy Policy, as described in your Sharing Authorization, or as permitted or required by applicable law. Genivity is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). As such, HIPAA does not apply to the transmission of health information to any third party.

ADDITIONAL TERMS

Your use of Genivity and any content accessed through Genivity is subject to each of the additional terms provided in connection with Genivity, including the Genivity Privacy Policy and the Genivity Legal Notices.

CONTENT AND SERVICES ACCESSED THROUGH TAPGENES

Genivity may include content that you find offensive, including health-related content that is sexually explicit. Genivity may make third-party services available through Genivity. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. Genivity may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Genivity further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through Genivity. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. TAPGENES MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are TapGenes’ “Licensors”.

GENIVITY PROPRIETARY RIGHTS

Genivity and its Licensors own all proprietary rights to Genivity. Genivity gives you a personal, revocable, non-assignable, and non-exclusive license to use Genivity.

MODIFICATION AND TERMINATION OF GENIVITY

Genivity may place limits on, modify, suspend or terminate Genivity generally, and may suspend or terminate your use of Genivity if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.

CHANGES TO THIS AGREEMENT

Genivity may change this agreement and will post the modified agreement on its website www.genivity.com. If you do not agree to the modified agreement, you should stop using Genivity. Your continued use of Genivity after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

INDEMNIFICATION

You will defend or settle any third-party claim against Genivity, any third party Genivity feature providers, or any of Genivity’ other licensors arising out of or related to your use of Genivity.

EXCLUSION OF WARRANTIES

NEITHER GENIVITY NOR ANY OF GENIVITY’ LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER GENIVITY NOR ANY OF GENIVITY’ LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN GENIVITY SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN GENIVITY IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER GENIVITY NOR ANY OF GENIVITY’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

LIMITATION OF LIABILITY

NEITHER YOU NOR GENIVITY OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER YOU NOR GENIVITY OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000. The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

GENERAL LEGAL TERMS

If you have not signed a separate written agreement with Genivity, this agreement is the entire agreement between you and Genivity related to TapGenes Software, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Genivity related to Genivity Software, the signed written agreement will control. Genivity Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If Genivity provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. REV: November 8, 2017