US Pharmacogenetics Testing Service Terms

These terms apply to your access, purchase, order, or use of our genetic test kits (“Kits”) by the Company, whether on your own behalf, for someone else, or for your organization. We offer a variety of other products that may be covered by different terms of use. Please read the Terms carefully. Your purchase or use of the Kits constitutes your agreement to be bound by all terms.

These Terms are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO A JURY TRIAL. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION ARISING FROM THESE TERMS OR YOUR USE OF A KIT.

The arbitration will be conducted in Los Angeles County, California before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator will be held in the State of California. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding. The arbitrator shall not be empowered to award punitive damages to any party. Notwithstanding any of the foregoing, nothing in these Terms will preclude us from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in Los Angeles County, California; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. The parties will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs.

Now Patient offers a variety of genetic testing Kits. These tests are generally intended to identify genetic variants that may be harmful or otherwise relevant to the user’s health or, in some cases, to the health of their children. A list of the genes analyzed by each test can be found here. Only the genes included for a specific test will be analyzed. Genetic sequencing does not have a 100% detection rate for all genes. A negative report does not necessarily mean that you will never develop a genetic condition, while a positive report does not necessarily mean that you are certain to develop a genetic condition. Test Kits are generally intended to provide an indication of risk based on the analysis completed and are not generally intended to be diagnostic.

Genetic counseling is included with your purchase of our Kits for no additional fee. A certified professional is available by telehealth appointment to discuss your results for up to 90 days from the completion of your test. After your results are available, genetic counselors may reach out to discuss your results.

The Company offers the sale of individual Kits. Individual Kits must be purchased directly from the Company on the Company’s Website. Once the Kit is purchased, the Company will ship the Kit directly to the provided address. Individual Kits expire six (6) months from the order date. Expired Kits will not be tested by the Company. By making a purchase or using the individual Kit, you understand and agree that it has no value upon expiration and will not be replaced.

If a component in the Kit expires before the six-month expiration date of the Kit, the Company will replace the component at no charge. Please contact us at [email protected].

Once the Kit is purchased, the Company will ship the Kit directly to the provided address. In order to complete testing, you will be asked to complete your health profile. It is your responsibility to ensure proper sample collection and shipment using provided instructions. Failure to do so may result in our inability to process your test.

The Company does not currently accept payments for Kits through insurance.

Kits expire 6 months from the date of the order. Expired Kits will not be tested by the Company.

Due to variations in carrier shipping and lab capacity, the Company cannot guarantee exact timing for each test.

A Kit cannot be exchanged for other products or services provided by the Company or for store credit. Once ordered, Kits are non-refundable. Tests may be cancelled by the user if they no longer wish to use the Kit. Once cancelled, a Kit cannot be used at any point in the future. Refunds will not be offered for expired Kits.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR (IF APPLICABLE IN YOUR JURISDICTION) FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, SERIOUS PERSONAL INJURY, OR DEATH DIRECTLY CAUSED BY THE COMPANY: (A) THE COMPANY WILL NOT BE LIABLE: FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, OR FOR DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY IN CONNECTION WITH ANY PRODUCT OR SERVICE OR $10.00. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF THE COMPANY, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement, and that products and services would not be provided to you absent such limitations. THE PROVISIONS ABOVE IN THIS SECTION DO NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FRAUD AND DEATH OR SERIOUS PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

We may change these Terms from time to time for business reasons by notifying you of such changes by any reasonable means, including by posting revised Terms through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your purchase and use of our products following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed.

Our products, including the Kits, are offered in the United States and are subject to applicable United States laws, rules, and regulations. If you attempt to purchase and use the Kits in regions outside the United States, then by your use of the Kits, you acknowledge and agree that (a) the laws and regulations of the United States shall govern your use of the Kits, our services, and provision of your information (including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the US PATRIOT Act of 2001, each as amended), which laws and regulations may differ from those of your country of residence; and (b) we may collect, process, use, store, transfer, and disclose your information as set forth in the applicable Informed Consent Form and Privacy Policy, which you should carefully review as you understand and agree to all the applicable ways in which Infohealth LTD handles your information.

To register for an account, visit Now Patient. We may reject or require that you change any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Website account.

Certain Website functionality may make available access to information, products, services, and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials. We do not control or endorse and are not responsible for any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any related intellectual property rights. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by the Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider or owner of such Third Party Materials; nor does such availability create any legal relationship between you, us, and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

These Terms do not and shall not be construed to, create any partnership, joint venture, employer-employee, patient-provider, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

• No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
• Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision.
• These Terms are the entire agreement between you and the Company relating to the subject matter hereof, and in the absence of fraud, they supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter.
• You may have entered into other agreements (e.g., business associate agreements and services agreements) with us. To the extent that there is any contradiction between the provisions of these Terms and any written agreement between you and us, that written agreement will control with respect to the subject matter of that document.
• Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including, in each case, via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

To the fullest extent permitted under applicable law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (a) your violation of these Terms and (b) your use of our products and services. If you have submitted a saliva or buccal sample or voluntarily provided your own genetic information or that of your child, you will defend and hold harmless the Company, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your sample and/or sequencing your genetic information, which is disclosed to you consistent with our Privacy Policy or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your genetic information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold harmless the Company, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your genetic information.

Disclosure of individual-level genetic and/or self-reported information to third parties will not occur without explicit consent, unless required by law. Note that the Company cannot control any further distribution of information that you may share publicly. You acknowledge and agree that you are responsible for protecting and enforcing your rights, and that the Company has no obligation to do so on your behalf. If you provide a saliva sample or buccal sample, your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. You understand that, by providing any sample, having your genetic information processed (if applicable), or accessing your genetic information, you acquire no rights in any research or commercial products that may be developed by the Company. You understand that you should not expect any financial benefit from the Company as a result of having your genetic information processed or results being made available to you. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your genetic information (if applicable).

You acknowledge that the Company may establish general practices and limits concerning your use of our products or services, including without limitation the maximum number of days that personal information, protected health information, and services content will be retained by the Company—subject to applicable laws and regulations. You acknowledge and agree that the Company has no responsibility or liability to you for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the services; or for the loss of genetic information due to malfunction or destruction of data servers, cybersecurity incidents, or other catastrophic events. You further acknowledge that the Company reserves the right to change these general practices and limits in its sole discretion.

If you are a healthcare provider accessing our websites, products, or services in connection with obtaining a patient sample or ordering a test for your patient, you represent and warrant that (a) you are authorized in your jurisdiction to order the Test on behalf of your patient; (b) you have advised your patient of the benefits, risks, capabilities, and limitations of the test(s) and services; (c) you have obtained consent from your patient to share patient health and personal information with Infohealth LTD as required under applicable privacy laws; (d) you have confirmed that your patient has signed or will sign the applicable Informed Consent Form; and (e) you will notify us of any changes in patient information and consent status, including changes to consent to store samples.