Terms and Conditions

This website and any related services are provided subject to these terms and conditions. Your use of our site or any services will indicate your agreement to be bound by these terms.

This website (our "Site") and any related products or services (each a "Offering," and collectively the "Offerings") are provided subject to these terms and conditions ("Terms"). Your use of our Site or any Services will indicate your agreement to be bound by these Terms. If you do not agree to these terms, please do not use our Site or any of the Services.

No medical advice
The contents of our Site, including any risk estimates or other reports generated by the Offerings (collectively, "Your Report") and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references (collectively, "Content"), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of Your Report or any other Content. Furthermore, you should not interpret Your Report or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.

PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

Your account
You will be required to create a user account with Posit Science ("Your Account") in order to access certain portions of our Site, purchase the Offerings, and obtain Your Report. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our Site or the Offerings if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our Site and the Offerings with Your Account. You must immediately notify Posit Science of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

Privacy
Posit Science's current privacy policies and practices are described in our Privacy Policy. We reserve the right to update our privacy and security policies and practices from time to time at our sole discretion. We will employ commercially reasonable technical and organizational safeguards against unauthorized disclosure or access to your personally identifiable information about you, consistent with our Privacy Policy. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND POSIT SCIENCE DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT POSIT SCIENCE DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS (SUCH AS HACKERS) MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SITE OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. Furthermore, we cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release.

Ownership and use of content
The Site is owned and operated by Posit Science Corporation and title to the Content and the Offerings (and any intellectual property and other rights relating thereto) are and will remain with Posit Science, its licensors and suppliers, as applicable. The Content and the Offerings are protected by U.S. and international copyright, trademark and other laws. Posit Science grants you a non-exclusive, non-transferable, revocable, limited license to receive the Offerings you purchase from Posit Science, and to view and print one or more copies of Your Report and a single copy of any other Content obtained by you from our Site, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of Your Report to anyone of your choosing. You may not use any Content obtained from our Site in any other manner or for any other purpose without the prior written permission of Posit Science. Our licensors and suppliers may impose additional restrictions on the Content they provide to Posit Science (such as journal articles and editorial content); in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to Posit Science, its licensors and suppliers. By using our Site or any Offerings, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Site or any Offerings, or "frame" or "mirror" any part of our Site without prior written consent from Posit Science.

Trademark notices
All trademarks, service marks and logos used on our Site, whether registered or unregistered, are owned by Posit Science, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our Site without prior written consent from the rightful owner(s).

Accuracy and integrity of information
While we strive to keep the Content accurate, complete and up-to-date, Posit Science cannot and does not guarantee the accuracy, completeness, or timeliness of Your Report or any other Content, whether provided by us, our licensors or our suppliers. It is possible the Content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within Your Report or other Content may be changed or updated by Posit Science without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our Site are those of the respective third party and not necessarily those of Posit Science. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER POSIT SCIENCE NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.

Modification or suspension of our site
Posit Science may at any time modify, discontinue, or suspend its operation of, or restrict access to, our Site or the Offerings, or any part thereof, temporarily or permanently, without notice to you.

Third party websites
Our Site contains hyperlinks to third party websites. Hyperlinks to or from our Site do not constitute any endorsement or recommendation by Posit Science of any third party or its website, products, resources or other information. Posit Science is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with all terms and conditions of use for third party sites and content. You acknowledge that Posit Science shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.

Intended audience
Our Site is maintained by Posit Science from its offices within the United States. Posit Science makes no representation that materials in our Site are appropriate or available for use in other locations. Those who choose to access this Site or any Offerings from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this Site are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

No warranty
OUR SITE, THE SERVICES, YOUR REPORT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. POSIT SCIENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POSIT SCIENCE DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. POSIT SCIENCE MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

Limitation of liability
POSIT SCIENCE ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE OFFERINGS, YOUR REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL POSIT SCIENCE, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, THE OFFERINGS, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, YOUR REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND POSIT SCIENCE OR OUR SITE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SITE OR THE OFFERINGS. THESE LIMITATIONS WILL APPLY WHETHER OR NOT POSIT SCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

Indemnification
You agree to indemnify, defend and hold harmless Posit Science, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use of our Site, the Offerings, Your Report or other Content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Site. You agree to cooperate as reasonably required in the defense of any such claim. Posit Science reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Posit Science.

Procedure for making claims of copyright infringement
Posit Science' agent for copyright issues relating to Site is as follows:

General Counsel
Posit Science
1 Montgomery St., Suite 700
San Francisco, CA 94104

If you believe any Content infringes your copyright, you may request that such Content be removed from our Site by contacting Posit Science' copyright agent and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide its URL or any other pertinent information that will allow Posit Science to locate the material
• Your name, address, telephone number and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information that you have supplied is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
• A signature or the electronic equivalent from the copyright holder or authorized representative

Applicable law
This agreement and the resolution of any dispute related to these Terms, our Site, the Offerings, Your Report or any other Content shall be governed by and construed in accordance with the laws of California, without regard to its conflicts of law principles. Any legal action or proceeding between Posit Science and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

General
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms, together with any such other legal notices and terms on our Site, our Privacy Policy, and our Software License Agreement constitute the entire agreement between Posit Science and you pertaining to the subject matter hereof. Posit Science may, in its sole discretion, periodically revise these Terms by updating this posting. You should periodically visit this page to review the current version of these Terms, so you are aware of any revisions to which you are bound. If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision and the remaining provisions of these Terms shall continue in full force and effect.