Please read this agreement carefully.

By clicking "accept" below, accessing or using this website or other services provided by Pathway Genomics, or submitting a sample to Pathway Genomics, you acknowledge that you have read and understood Pathway Genomics' Terms of Service and Informed Consent Agreement, as well as its Privacy Policy, and that you agree to be bound by their provisions. If you do not agree to all of these provisions, do not click "accept" and do not access or use this website or other services provided by Pathway Genomics.

I confirm that I am at least 18 years old and that the saliva specimen submitted to Pathway Genomics is mine. I also confirm that I have read and understood both the Terms of Service and the Informed Consent presented below.

Terms of Service

Pathway Genomics Corporation and its affiliates ("Pathway Genomics") provide the Services, including this website.

1. Services. Pathway Genomics provides access to websites and various services, products and software (collectively the "Services"). The Services include (a) genotyping services, and (b) provision of information about genetics, health, pharmacogenetics, carrier status, traits, heredity, and ancestry. The term "Services" includes any information that Pathway Genomics provides to you. Without prior notice to you, Pathway Genomics at any time may add new services or modify existing services, all of which shall be deemed Services subject to this Agreement.

Pathway Genomics and the Services do not provide medical advice or diagnosis or treatment recommendations for diseases or other health conditions.

2. License; Binding Agreement. Pathway Genomics grants you a limited, non-transferable license to use the Services, including this website and all related software, in accordance with this Agreement. You agree not to use the Services for any other purposes. This Agreement sets forth the binding legal agreement between you and Pathway Genomics regarding your use of the Services. Additional legal terms and rules may be posted and shall apply to particular Services. These additional terms and rules are incorporated by reference in this Agreement and shall govern your use of those Services.

3. Registration; Your Account. You represent that all of the information you provide Pathway Genomics, including your contact information, is true and accurate. By creating an account or otherwise registering with Pathway Genomics, you hereby understand and agree that you have created a business relationship between you and Pathway Genomics. As such, you agree that Pathway Genomics may contact you using information you provided in order to provide you with information and offers of services available through Pathway Genomics.

Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.

4. Charges. You represent and warrant that you agree to pay for all charges incurred by you, that the you are authorized to make charges to the credit card that you use to pay for the Services, including the genetic testing, and that you authorize Pathway Genomics to provide your credit card information and related information about you to Pathway Genomics' credit card processing companies. You are responsible for payment of any sales or other taxes arising from your transactions. Pathway Genomics may reject orders for any reason, and may change prices at any time.

5. Services Limitations. The Services provided by Pathway Genomics are solely for research and educational purposes and uses. Although based on scientific research, the Services, including all information about genetic findings and probabilities, have not been fully validated and shall not be relied upon by you or any other person to diagnose, treat or prevent any disease or health condition. You should consult with a physician or other appropriate health care professional regarding the diagnosis, treatment and prevention of any disease or health condition. Pathway Genomics does not recommend any specific tests, treatments, drugs, medical devices, procedures or other health care information that are referred to on Pathway Genomics' website.

6. Restrictions on Use. You represent and warrant that you are 18 years of age or older, that you are not an employer or an insurance company seeking to obtain information about an employee or insured person and that, if you are located outside the U.S., the genetic testing conducted by Pathway Genomics and shipment of your saliva sample is not subject to any export ban or restriction in the country in which you reside.

Pathway Genomics' Services, including this website and the content provided by this site, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Pathway Genomics, except that you may download, display and print the materials presented on this site for your use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a methodology having similar functionality, or any manual process, to monitor or copy any of the web pages or content found on this site without the prior written permission of Pathway Genomics. You shall not use any software that modifies or adds content to the layout, design, or content of any page of this site. You agree that you will not use any software or other device to interfere with the proper working of this site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, or (c) contains a virus, bug or other harmful item. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

If you have been notified by Pathway Genomics that you are prohibited from using the Services or the website, then you have no license to use Services or the site and any access by you shall be unauthorized. Pathway Genomics may provide notice under this or any other section of this Agreement via an email sent to the email address contained in your user profile or otherwise used on this site.

You warrant that you take responsibility for any and all consequences that may result from your sharing access to your personal information, including your genetic information.

7. Privacy. You agree that you have read the Pathway Genomics Privacy Policy, the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable. You consent to the use of your information by Pathway Genomics in accordance with the terms of and for the purposes set forth in the Pathway Genomics Privacy Policy. Although Pathway Genomics has taken reasonable and appropriate measures to ensure that your information is not otherwise disclosed, Pathway Genomics cannot and does not make any guarantees. If you provide any third party access to your personal information, you assume responsibility for any consequences caused by such access.

8. Copyright, Trademark and Confidential Information. Website copyright notice: Copyright © 2009 Pathway Genomics Corporation and/or its Licensors. All rights reserved.

Pathway Genomics and various third party providers and distributors ("Licensors") own all copyright, trademark, patent and other proprietary rights in the Services, including this website and all related software. Unless authorized by Pathway Genomics, you agree not to modify, license, sell, or distribute the Services. Unauthorized use of this website and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Pathway Genomics and the other logos and marks related to the Services are trademarks and service marks of Pathway Genomics and it Licensors. Nothing contained on this site should be construed as granting, any license or right to use these logos and marks.

The Services, including this website and all related software, contain confidential information owned by Pathway Genomics and its Licensors. Confidential information includes the source code for this website and all related software. You agree (a) not to disclose Pathway Genomics' confidential information without the prior written consent of Pathway Genomics, and (b) not to reverse engineer any such code.

You must retain all copyright, trademark or other proprietary notices contained in the materials, and you must not alter, obscure or obliterate any such notices.

You acknowledge that the people appearing in any video or audio stories on this website are actors, that the stories are fictitious and that any resemblance to actual individuals or situations is unintentional and a coincidence.

9. Proprietary Rights. You own all Genetic Information derived from your saliva or other biological material. Genetic Information means the As, Ts, Cs, and Gs at particular locations in your genome.

If you submit or post content on the Pathway Genomics website or otherwise using the Services, (a) you retain any copyright rights that you hold in this content, and (b) you grant Pathway Genomics a nonexclusive, perpetual, irrevocable, royalty-free, worldwide license to copy, modify, translate, publicly display and distribute this content. This license grants Pathway Genomics the right to use this content to provide the Services and to provide this content to other companies and individuals affiliated with Pathway Genomics. You warrant to Pathway Genomics that you have the right, power and authority to grant this license.

10. Modifications. Pathway Genomics may at any time modify this Agreement and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

11. Links. This website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Pathway Genomics does not operate or control in any respect any information, software, products or services available on such websites. Pathway Genomics' inclusion of a link to a website does not imply any endorsement of the site or its services, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

12. User Content. Pathway Genomics shall have the right (but not the obligation) to, from time to time, monitor and review any information transmitted or received through the Services, including this website, and reserves the right to edit, remove or prohibit the transmission or receipt of any information that Pathway Genomics deems inappropriate or in violation of this Agreement. These terms and conditions apply to any messages or other materials received by Pathway Genomics from you (collectively "User Content"). Pathway Genomics disclaims any responsibility and assumes no liability with respect to User Content. By providing User Content, you warrant that: (a) you are the owner of such User Content, or have been granted all the rights necessary from the owner thereof to provide such User Content to Pathway Genomics and for the use by Pathway Genomics, and (b) the use of such User Content by Pathway Genomics will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your transmission of User Content.

13. Indemnification. As a condition of use of the Services, including this website, you agree to indemnify, hold harmless and defend Pathway Genomics, its Licensors and suppliers (and their officers, directors, employees, agents, contractors, affiliates, successors and assigns) from and against any and all causes of action, liabilities, damages and expenses (including attorneys' fees) arising out of claims resulting from (a) your use of the Services, (b) any submission or posting of any User Content or other information on this website by you, (c) any disclosure or sharing of your personal information (i) either intentionally or inadvertently to or with third parties for any purpose, (ii) in accordance with Pathway Genomics' Privacy Policy or (iii) resulting from use of third party add-on tools made available by Pathway Genomics or (d) any breach of this Terms of Service and Informed Consent Agreement by you. You agree to cooperate with Pathway Genomics in the defense of any such claims and not to settle any such claims without the consent of Pathway Genomics. Pathway Genomics may assume and control the defense of any such claims.

14. Warranty Disclaimers. USE OF THE SERVICES AND THIS WEB SITE IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE WEBSITE, INFORMATION, SOFTWARE AND PRODUCTS ASSOCIATED WITH THEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE." PATHWAY GENOMICS AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PATHWAY GENOMICS AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT (a) THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE SERVICES' CONTENT OR DATA, (b) THAT THE SERVICES WILL NOT BE INTERRUPTED OR ALWAYS SECURE, AND (c) THAT THE SERVICES MEET YOUR REQUIREMENTS. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE OR DATA CAUSED BY DOWNLOADING INFORMATION FROM THE SERVICES.

Pathway Genomics and its Licensors also are not liable for any damages resulting from any third party content incorporated in the Services, including this website, or from use of any links to third party websites or content.

15. Limitations of Liability. PATHWAY GENOMICS AND ITS LICENSORS AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR COST OF SUBSTITUTE SERVICES OR GOODS, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PATHWAY GENOMICS OR ITS LICENSORS AND SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE PROVISION, USE OF OR INABILITY TO USE THE SERVICES, (b) YOUR LOSS, MISUSE OR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT, USER ID, OR PASSWORD, (c) ANY ACTION BY YOU CAUSED BY INFORMATION PROVIDED BY THE SERVICES, INCLUDING THE WEBSITE, (d) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR INFORMATION, OR (e) CONDUCT OF ANY THIRD PARTIES USING THE SERVICES.

Pathway Genomics is not responsible for any errors or delays in responding to you caused by incorrect contact information provided by you or other technical problems beyond our reasonable control.

If, notwithstanding the foregoing, Pathway Genomics or its Licensors and suppliers should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Pathway Genomics and its Licensors and suppliers, in the aggregate, shall be any fees paid by you during the one-year period preceding the event giving rise to liability. Some states do not allow limitations of liability, so the foregoing limitation may not apply to you.

16. Exclusions. Some states do not allow the disclaimer of implied warranties or the exclusion of liability for incidental or consequential damages, so the foregoing disclaimers and limitations may not apply to you.

17. Termination. Pathway Genomics may temporarily suspend or permanently terminate provision of the Services, in part or in whole, at any time, without prior notice to you, for any reason, including any improper use of the Services or your failure to comply with this Agreement. Such termination shall not affect any right to relief to which Pathway Genomics and its Licensors may be entitled, at law or in equity. Either party may terminate this Agreement at any time by giving notice to the other party, provided, however, that the terms and conditions of this Agreement shall survive and govern any remaining rights and obligations of the parties.

18. Notices. Notices may be sent to you by email or regular mail.

19. Amendment. Pathway Genomics may add to, revise or otherwise modify this Agreement at any time. If Pathway Genomics changes this Agreement, a copy of the changed Agreement shall be posted on this website. Such changes shall take effect immediately upon posting, or at such later time stated in the changed Agreement. You acknowledge and agree that if you use the Services, including this website, after a changed Agreement has been posted, your use of the Services shall constitute acceptance of the changed Agreement.

20. Relationship. The relationship between Pathway Genomics and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

21. Arbitration, Governing Law; Jurisdiction. All disputes between Pathway Genomics and you arising under this Agreement or related to Pathway Genomics' performance shall be decided by arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator in San Diego, California, U.S.A. The award rendered by the arbitrator shall be final, and a judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Any arbitration under this paragraph shall be on an individual basis between the parties to this Agreement and shall not be commenced as a member or representative of, or on behalf of a class of persons, it being the intention of all parties that there be no class action arbitration under this Agreement. This Agreement and its performance shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. In the event of any litigation arising under this Agreement or related to Pathway Genomics' performance, you consent and submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. To the extent allowed by applicable law, any claim or cause of action must be brought within one (1) year from the date on which such claim or action arose or accrued.

22. Attorney's Fees. If Pathway Genomics or its Licensors take any action to enforce this Agreement, such party will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such party may be entitled.

23. Injunctive Relief. You acknowledge that a violation or attempted violation of this Agreement will cause damage to Pathway Genomics that will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Pathway Genomics shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all attorneys' fees and expenses sustained or incurred by Pathway Genomics in obtaining such an injunction. You agree that no bond or other security shall be required in connection with such injunction.

24. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement.

25. Severability; No Waiver. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Pathway Genomics to enforce or exercise any right under this Agreement shall not constitute a waive of such right.

26. Headings. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

27. Entire Agreement. This Agreement, together with the Pathway Genomics Privacy Policy, the Pathway Genomics Informed Consent, and any other terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and governs your use of the Services. If you access or use any other websites, affiliated services or third party content, you may be subject to other terms and conditions that apply to such access or use.

28. Notice of Infringement. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this website, please write to Pathway Genomics at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the content on this website that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. Pathway Genomics will remove any content on this website that infringes the copyright or other intellectual property right of any person under United States law upon receipt of such a statement. Statements of infringement under this section should be submitted to Intellectual Property Administrator, Pathway Genomics Corporation, 4045 Sorrento Valley Boulevard, San Diego, California 92121, U.S.A.

March 26, 2009