Legal

Acceptance of Terms of Use. 

GenLabs (“GenLabs”) provides its online services and the GenLabs website (https://genlabs.health) (the “Site”) to you, the User, subject to your compliance with this Terms of Use and Service Agreement (“TOS”), as well as any other written agreement(s) between GenLabs and you. GenLabs reserves the right to alter the TOS at any time without notice to User. By using the Website web site, located at the URL www.GenLabsstage.wpengine.com, User agrees to abide by this TOS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THE TOS IS TO CEASE USING THE SITE.

Site Availability and Use. 

User understands and agrees that temporary interruptions of the Site may occur as normal events that are out of GenLabs’s control.  User agrees that GenLabs has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. Children under the age of 13 may not use the Site. Children under the age of 18 may only use the Site with the involvement of a parent or legal guardian.

Online Services and Disclaimer of Warranty. 

The GenLabs web site provides online resources including, but not limited to, online information regarding GenLabs’s operations, industry news and products. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. GenLabs assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the GenLabs web site.

Registration. 

Certain areas of the GenLabs web site are provided solely to registered Users of the web site. Any User registering for such services agrees to provide true and accurate information during the registration process. GenLabs reserves the right to terminate the access of such Users should GenLabs know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. GenLabs reserves the right to require valid credit card information as proof of legal age. GenLabs maintains strict online Privacy Policy and will not sell or give your information to other parties except as described therein.

User account. 

Users will be provided a username and password upon completing the registration process. User agrees to immediately notify GenLabs at info@genlabs.health should User know, or have reasonable grounds to suspect, that the username and password have been compromised. GenLabs shall not be responsible for User’s failure to abide by this Paragraph.

Informational  content supplied by Users. 

User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the GenLabs web site, or privately transmitted through the GenLabs web site, are the responsibility of the User from which such informational content has originated, and are not endorsed by GenLabs. User is fully responsible for any and all informational content that User uploads, posts, e-mails, or transmits using the GenLabs web site. Although GenLabs does not pre-screen or police the informational content Users transmit through or to the Site, GenLabs reserves the right to remove any and all postings that, in GenLabs’s opinion, do not comply with this TOS and any other rules of user conduct for the Site.  GenLabs is not responsible for any failure or delay in removing such postings.  Under no circumstances shall GenLabs be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall GenLabs be held liable for any errors or omissions in any informational content transmitted by Users.

User conduct.  

User agrees to not use the GenLabs web site to: 

1. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, abusive, harassing, deceptive, fraudulent, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable; 
2. harm legal minors; 
3. collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User; 
4. impersonate another User, person, or entity, including any official or employee of GenLabs; 
5. intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act; 
6. upload, post or transmit any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party; 
7. interfere with the operation of GenLabs’s web servers or other computers or Internet or network connections; 
8. upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
9. access secured, protected, or inaccessible areas of the Site, or attempt to gain access to other networks or servers via your use of this Site; 
10. upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.” 

GenLabs does not pre-screen uploaded, posted or transmitted content, but GenLabs reserves the right to inspect, edit and delete any content that GenLabs knows, or has reason to know, has violated this TOS. GenLabs reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS. GenLabs may disclose any informational content Users post, upload or transmit to the GenLabs web site, if such disclosure is necessary to enforce this TOS, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of GenLabs, the public, or other Users. 

Content submitted by Users. 

GenLabs does not claim ownership of any informational content submitted by Users to the GenLabs web site. User grants GenLabs a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the GenLabs web site. This license exists only so long as User allows its content to remain on the GenLabs web site and will terminate in the event that User removes such content.

Indemnity. 

You agree to indemnify and hold GenLabs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.

No resale.  

User agrees not to reproduce, copy, duplicate, or sell any portion of the GenLabs web site.

Limits and modifications.  

GenLabs may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the GenLabs web site. GenLabs reserves the right to modify any and all portions of the GenLabs web site without notice. Under no circumstances shall GenLabs be liable to User or any other party for such limits or modifications.

Termination of User account. 

GenLabs may, at its sole discretion, suspend or terminate the User’s account for any reason. Under no circumstances shall GenLabs be liable to User or any other party for for any claims or damages arising out of any termination or suspension of any account.

Third party advertisers. 

GenLabs may allow third party advertisers to advertise on the GenLabs web site. GenLabs takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. GenLabs shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

Hyperlink policy.

The GenLabs website may contain hyperlinks to other Internet sites not under the editorial control of GenLabs. These hyperlinks are not express or implied endorsements or approvals GenLabs, of any products, services or information available from these sites.

GenLabs Intellectual Property. 

“Content” is defined as any defined as any text, user interfaces, visual interfaces, computer code, artwork, photographs, video, graphics, music, sounds, or other material that can be viewed by users on the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site, and is owned, controlled, or licensed by or to GenLabs. By accepting this TOS, User agrees that all content presented on this Site is protected by any and all intellectual property rights available in the United States, including but not limited to copyright laws, and is the sole property of GenLabs.  User agrees not to copy, reproduce, modify, republish, upload, post, transmit, distribute the Content or create derivative works based on the Content.  In addition, GenLabs, and various logos displayed on the Site and on GenLabs’s products are trademarks or service marks (registered or unregistered) of GenLabs.  GenLabs may own additional trademarks and service marks not listed here.  Nothing in this TOS grants User any right to use any trademark, service mark, logo, and/or the name of GenLabs.

User Intellectual Property.  

Subject to GenLabs’s Privacy Policy, any communication or material that you transmit to this Site or to GenLabs, whether by email or other means, (“User Content”) will be treated as non-confidential and non-proprietary. While User retains all rights to the User Content, you grant GenLabs a non-exclusive, paid up, royalty-free, perpetual, non-terminable, worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.  PLEASE DO NOT SUBMIT CONFIDENTIAL OR PROPRIETARY INFORMATION TO GenLabs (INCLUDING BUSINESS PROPOSALS OR INVENTION DISCLOSURES) UNLESS WE HAVE MUTUALLY AGREED TO CONFIDENTIALITY IN WRITING IN ADVANCE.

No Warranties. 

THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.  THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.  GenLabs MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE, AND GenLabs MAKES NO WARRANTY THAT INFORMATION AVAILABLE AT THIS SITE MAY NOT BE OUT OF DATE.

Limitation of Liability. 

GenLabs’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR INFORMATION RECEIVED (IF ANY). GenLabs IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Notice. 

Notices may be posted to the GenLabs web site or e-mailed to Users using the e-mail address Users submitted during the registration process.

Notice for California Residents. 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@genlabs.health. You may also contact GenLabs by writing to Us at GenLabs, 4274 Colby Road, Winchester, KY 40391, or by calling Us at (877) 340-6070. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

General.

This TOS constitutes the entire agreement between you and GenLabs and governs your use of the GenLabs web site. This TOS shall be governed by the laws of the State of Delaware. The failure of GenLabs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Any claim arising under the terms of this TOS must be brought within one (1) year after such claim or cause of action arose or be forever barred.

Violations.

Please report any known or suspected violations of the TOS, including any suspected copyright or trademark violations, to info@genlabs.health.