PATHWAY GENOMICS CORPORATION
Pathway Genomics Corporation
EFFECTIVE DATE OF THIS POLICY: July 17, 2015
DATE OF PRIOR POLICY: June 15, 2015
Notice of Material Changes from Prior Version – See sections for more information.
- PayPal – Added the option to purchase a report using a PayPal account.
- Promotional Advertising – Added promotional ads of Pathway’s products and services, and provided you the option to share these ads with others through applications.
Non-U.S. Residents – This Application is intended for U.S. residents only. If you reside outside the U.S., your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards which may be different than those of the country where you reside. By using the Application and providing information to us, you consent to such transfer to, and processing in, the U.S.
What information does the Application obtain and how is it used?
User Provided Information –
- When registering – After downloading the Application, you must register to continue use of the Application. You may create a mobile Application account without being a current customer of Pathway. When you register, the Application may require you to provide limited personally identifiable user information, including first and last name, date of birth, phone number, email address (becomes part of your Login Credentials), and password. You will receive a confirmation email when registration is successful.
- “Purchase Report” – You may select a test report to purchase and then submit information described below to request that a Pathway-arranged healthcare professional with a national physician network order the test. Tests are made available through the Application at Pathway’s discretion. Prior to placing a purchase, you must accept the consent for the test you are purchasing. The consent explains the benefits, risks, and limitations of testing. If you are a current Pathway customer, the information you provide must match the information Pathway has on file for authentication purposes in order to proceed. You must enter the following personally identifiable information in the appropriate screens in order to purchase a report.
- Additional Information – Ethnicity and gender may be used to validate or interpret results.
- Billing Address – Street address, city, state, zip code and phone number information for billing purposes, and, if different the same information, for shipping purposes.
- Billing Information
- Credit Card Information: Name on payment card, payment card number, expiration date, and security code; or
- PayPal Information: Existing PayPal credentials or create a new PayPal account.
After you have provided your Billing Information, you will need to review and accept the consent for genetic testing
When using a credit card, you will be asked to review and verify the Purchase Request Summary and if accurate, you may click Submit Order to purchase the report. When you submit the Purchase Request, you will receive a confirmation thanking you for the request on your mobile device and a confirmation email. Note: Submit Order means you have submitted a request for a test to be ordered by a physician. It does not mean you can order a test without a physician involved.
In either case, Billing Information will not be stored by Pathway. If the payment processor denies the purchase, the request to purchase will be suspended and Pathway may contact you about how to proceed. You may resubmit using different or corrected billing information if you like. Your user provided Billing Information will be purged from the Application when the session closes, if you click Cancel, or if you initiate a new Purchase Request.
If you choose to not accept the consent and submit the Purchase Request, only the gender and ethnicity information that you provided will be retained and stored by Pathway.
- ”Link a Report” – When downloading a summarized version of your existing Pathway Genomics laboratory report through the “Link a Report” function, you must enter the accession number and your date of birth which we will match along with your registered last name to the information on file at Pathway. Once you have linked a report, it is available for viewing until you are either automatically logged out (see “Automatic Logout” below) or, even if you select “Keep Me Logged In”, when you manually log out. When you log back in, each report that you originally linked will be available for viewing within the application.
- “Get More Information” – For report(s) that Pathway does make available for purchase through the Application, you may request information about how to obtain one or more additional physician-ordered laboratory reports that Pathway makes available at its discretion through the Application. When you submit this information, you are requesting Pathway to contact you to explain how a new report can be obtained through additional genetic testing services ordered by a physician. At the top of this page, you will find a “Not sure which report is right for you? Let us help.” function. By clicking on this, you will be presented with a few questions (“Questionnaire”). Based on your answers, Pathway will recommend one or more reports that we believe may meet your needs. You should be able to hit a back button to retake this Questionnaire. Your answers to this Questionnaire are not stored by Pathway.
Promotional Advertising – From time to time, Pathway may present promotional ads of its own products and services, such as reports you can purchase, through the Application. For information about sharing these ads with others, see “IMPORTANT: Sharing Test Results or Other Information with another Application”.
If you are unable to download a report through the “Link a Report” screen, you can select the “Contact Me” button and an email will be sent to our Client Services department with your name and preferred method of contact. If you enter your phone number, we will contact you by phone. Otherwise, we will contact you through the email address you provided during registration.
Automatically Collected Information – While using the Application, certain information is automatically gathered and may be uploaded to a third party for analytics. This information is stored by Pathway. Session technologies, such as pixel tags and web beacons (for more information: http://www.networkadvertising.org/faq), may be used to collect this information. This information may include the type of mobile device you use, including operating system and device model, your page/screen views, network IP address, and other information about the Application, such as manner of use, frequency and duration of usage, and errors and/or crashes. This information may be uploaded to a third party analytic company and used to analyze trends, administer the Application, track user’s movements within the Application, identify and resolve issues and improve the Application and the overall user experience. It may also be used to create, operate, deliver and improve our products, services, and customer communications. Information gathered through the Application is aggregated whenever possible to protect your privacy.
Third Party Access – We will not sell, lease, or rent your personally identifiable information without your express consent. However, we may disclose information collected: (i) as required by law, litigation, or other legal process; (ii) when we believe in good faith that disclosure is necessary to protect our rights or to protect your safety or the safety of others; or (iii) as part of a sale of the Company. If required by law, we will provide you notice of any such disclosure. See “Automatically Collected Information” section for additional information.
Do Not Track Notice – The Application does NOT currently respond to any “Do Not Track” settings that may be available to you on your mobile device operating system.
Your Opt-Out Rights Regarding Information Collection
You may Opt-out of all information collection and communications by uninstalling the Application – You can stop all collection of information by the Application by uninstalling the Application. You can also stop receiving any communications related to the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
IMPORTANT: Sharing Test Results or Other Information with another Application
We will provide you an opt-in opportunity to consent to sharing test results of your choosing from your genetic test(s) with another application that provides sharing functionality, including but not limited to social media, email and text applications. If you choose to share any of your test results, Pathway shall not be responsible for any adverse consequences you or others may experience, such as, but not limited to, emotional issues, impact on life-changing decisions, potential genetic discrimination, or loss of confidentiality. Before sharing any results, we recommend that you consider discussing the implications of doing so with a genetic counselor or other appropriate health care professional.
If you choose to share individual genetic test results in this manner, we will provide you with an opt-in disclosure warning (“Opt-in Disclosure”), which will provide you a high level disclosure of the related risks for your consideration Opt-in Disclosure will also remind you that Pathway shall not be responsible for any adverse consequences you or others may experience as a direct or indirect result of you sharing. You will receive the Opt-in Disclosure each time you share genetic test results in this way.
You may choose to share any Promotional Advertising in the Application with others through other applications, such as social media, email or text. Keep in mind that any statements you may make regarding requesting or receiving genetic tests is considered Protected Health Information under HIPAA. If you choose to share this information with others, Pathway cannot be responsible for any resulting consequences, such as discrimination based on your genetic information.
Data Retention Policy, Managing Your Information
You can help ensure your information is accurate, complete and up to date by notifying our Client Services department of any corrections (see “Contact Us” section below). If you are unable to download a report through the “Link a Report” screen, it indicates that your information does not match our records and you will need to contact Client Services to correct your information.
We will retain all personally identifiable information that you have provided via the Application for as long as you actively use the Application and for a reasonable time thereafter, unless a longer retention period is required or permitted by law (in some cases, the law requires us to retain your information for as long as seven years). If you would like us to delete your information, please contact Client Services and we will respond in a reasonable time. Please note that some or all of your information may be required in order for the Application to function properly, and we may be required to retain certain information by law. Additionally, after two years of inactivity, your personally identifiable information provided as part of registration will be deleted, and you will be required to re-register your account and re-link (“Link a Report”) reports.
We do not use the Application to knowingly collect data from or market to children under the age of 18. If the date of birth entered during registration results in an age that is less than 18, registration cannot be completed. If a parent or guardian becomes aware that his or her un-emancipated minor child has provided us with information without their consent, he or she should contact us at Privacy@Pathway.com. We will delete such information from our files within a reasonable time.
Our Company is concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know the information in order to operate, develop or improve our Application. We protect your information in transit over HTTPS, an encrypted connection between your device and our servers. Data is also stored on drives that are encrypted. Information displayed in the application does not identify the tested individual by name, only by the original lab report identifiers, such as the accession number used to associate the individual’s laboratory report data with the individual’s application-registered email address and password.
Automatic Lockout: For your security, five (5) failed logins will result in an automatic lockout on your mobile account for a period of 24 hours. You can call our Client Services department (see “Contact Us” section below) if earlier access is needed. This function helps protect against unauthorized access to your Application.
AUTOMATIC LOGOUT: For your security, when you next interact with the Application after five (5) hours or more of inactivity, by default you will be automatically logged out (“Automatic Logout”). Prior to the Automatic Logout, you will remain logged in on your device even when you close the Application and your information will remain available for your convenience unless you manually log out of the Application, which is recommended.
“KEEP ME LOGGED IN”: You can choose to disable the Automatic Logout and remain logged in. By checking the box next to “Keep Me Logged In” when logging in, your information will remain available for your convenience. However when you next interact with the Application after thirty (30) days or more of inactivity, you will be automatically logged out. If you choose to manually log out of the Application during this time, Automatic Logout function will be re-enabled. Any reports are viewable until you log out. However when you click “Keep Me Logged In”, all linked reports are encrypted on the device in local storage. YOU SHOULD CAREFULLY CONSIDER THE RISKS OF STAYING LOGGED IN FOR 30 DAYS OR MORE, BEFORE CHOOSING TO DISABLE THE AUTOMATIC LOGOUT AND PERSONALLY ACCEPTING THIS RISK. IF YOU CHOOSE THIS TO DISABLE THE AUTOMATIC LOG OUT, IT IS HIGHLY RECOMMENDED YOU FOLLOW THE “STEPS YOU SHOULD TAKE TO THE SECURE YOUR DEVICE AND ITS DATA” BELOW. WE CANNOT BE RESPONSIBLE FOR RISK RELATED TO SUCH ELONGATED EXPOSURE.
Application Data Stored Locally on Your Device, until You Log Out:
- User submitted information, except for the Billing Information, is maintained by the Application in order to communicate with Pathway’s application program interface (“API”) to display report and other information. This information is stored on your Device. However when you next interact with the Application after five (5) hours or more of inactivity, you will be automatically logged out, unless you select “Keep Me Logged In” when initially logging in which will store this information locally up to 30 days on the Application.
- When the Application is automatically or manually logged out, reports and other information are deleted from the local storage on the Application. This information will be retrieved from the API when the proper login credentials are submitted.
Steps You Should Take to Secure Your Device and its Data: Regardless of your choice to use the Automatic Logout or to disable it, you should take steps to protect your information and report(s) within this Application by: (i) regularly updating / patching your device’s software including OS updates; (ii) enabling the device’s passcode (and biometric authentication, if available) protected automatic screen lock function after no more than 10 minutes of inactivity (in certain devices, such as those that run iOS, this also encrypts data on the device); and (iii) using a strong Application password that is at least 8-12 characters in length (we support up to 64), unpredictable (no names or dictionary words) and complex by using the following: a number, an upper case letter, and a lower case letter. Always protect your password and use different passwords for different applications. You should regularly change your device’s passcode, such as every 90 days, and immediately after you believe it may have been compromised. If your device becomes lost or stolen, you should report it to the police and our Client Services department, and use any remote wiping capability that is available for your mobile device. Jail-breaking or rooting your device may break security functions and should be avoided, as you must assume protections of the Application data can be compromised. In fact, in a jail-broken device, other applications may be able to view the memory and local data storage of this Application.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential privacy and security breaches.
User may change User’s password at the login screen within the Application by clicking “Forgot Password”. User is presented with a form to enter User’s email address and click “Reset Password”. User will receive an email with a link to create a new password. Pathway cannot be responsible for the security of your email account.
Consent and Notice of Privacy Practices
Contact Us Regarding Privacy Questions and Complaints
PATHWAY GENOMICS CORPORATION
End User License Agreement
EFFECTIVE DATE OF THIS POLICY: December 12, 2014
DATE OF PRIOR POLICY: October 23, 2014
Notice of Material Changes from Previous Version – See sections for more information.
- ”Application Account and Login Credentials” – You will now use your e-mail address to login to the Application rather than creating an account user name.
This End User License Agreement (the “Agreement”) relates to your use of the Pathway Genomics Application (the “Application”). This Agreement is a legal agreement between you and Pathway Genomics Corporation (“Pathway Genomics” or “Pathway” or “Company”). The term “you” or “your” refers to the user of the Application.
Please read this Agreement carefully before using the Application. By installing, copying or otherwise using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to all the terms of this Agreement, you may not install, use, or access the Application. Pathway may, at any time, and from time to time, modify this Agreement. When these modifications occur, the Application will be updated in Apple’s App Store (“App Store”). Prior to downloading/updating the Application, you should review the Agreement that will apply to that Application version. When you download a new updated Application version, you will need to accept the associated Agreement in order to log in. Your use of the Application following any such modification constitutes your agreement to follow and be bound by Agreement as modified. You can always find the current Agreement that applies to the version of the Application you are running by going to “Privacy & Terms”.
You must be at least 18 years old to use the Application with your Pathway Genomics laboratory report results. By using the Application to view your laboratory results, you certify that you are at least 18 years old.
No part of this Agreement shall be construed to make Apple Inc. (“Apple”) a party. Apple has no obligation of addressing any claims relating to the Application or use of such application including any maintenance and support services with respect to the Application. In addition, Apple has no obligation to address third-party claims that the Application, or your use of the Application, infringes on the third-party’s intellectual property rights. However, Apple, and its subsidiaries, are third party beneficiaries of this Agreement and they have the right to enforce this Agreement as a third party beneficiary thereof.
- Grant of Restricted License. Subject to your compliance with the terms of this Agreement, Pathway hereby grants you a non-exclusive, non-transferable, revocable, limited personal license to install the Application on your mobile device solely for your personal and non-commercial use, solely in machine executable object code form, in each case solely to the extent permitted by the Apple App Store Terms and Conditions (the “App Store Terms”) which are incorporated herein by reference. You acknowledge that Pathway has no control over the App Store Terms and has no responsibility or liability for any changes in the App Store Terms or App Store services. In addition, you understand that you may not make any commercial use of the Application for any reason without Pathway’s express prior written approval. In the event that you sell or transfer your mobile device to a third party, you must remove the Application from your mobile device before doing so.
- Limitations on License. Pathway retains all right, title and interest in and to the Application, including all intellectual property rights incorporated into, used in, or referenced by the Application. No license or other right in or to the Application is granted to you except for the rights specifically set forth in this Agreement. No other use of such information and materials may be made without the express written permission of Pathway. Any unauthorized use of the information and materials appearing on the Application may violate civil, criminal and any other applicable laws. You may require a third-party service to access the Application, such as an Internet service provider. You are responsible to obtain and pay for any such service.
You may not, and will not allow or cause any third party to (i) rent, lease, lend, sell, transfer, redistribute or sublicense the Application, (ii) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, (iii) remove any proprietary or intellectual property rights, notices, or labels on the Application, (iv) use the Application for illegal purposes or violate any federal, state or local statute, law or regulation; or (v) otherwise exercise any other right to the Application not expressly granted in this Agreement. This Agreement and any rights granted to you herein do not permit you to use the Application on any device that you do not own or control, nor shall you distribute or make available the Application over a network where it may be used by multiple devices at the same time.
- Consent to Use of Data. You agree that Pathway may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Pathway may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Application Account & Login Credentials. If you do not already have an Application account, you will be asked to create an Application account in connection with the installation of the Application by providing Pathway with certain identifying information and providing your email address and a password (“Login Credentials”). You hereby represent that the information you provide to Pathway for purposes of establishing an account is your accurate information and not the information of any other person. Without limitation of the foregoing, you shall not use the Application to obtain the personal information of any other person and you shall indemnify Pathway for any losses it sustains arising from your breach of the foregoing restriction. Notwithstanding anything in this Agreement to the contrary, you may not use the Application for any purposes without first submitting your Application account Login Credentials to Pathway. You are responsible for maintaining the confidentiality of your Login Credentials and you are solely responsible for all activities by any other person utilizing your Login Credentials. Pathway reserves the right to require you to alter your Application account password if Pathway believes that your password is no longer secure. YOU AGREE THAT PATHWAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LOGIN CREDENTIALS.
- Consent to Conveyance of Personal Information. You acknowledge and agree that the purpose of the Application is to make sensitive medical information about you available to you. Therefore, you consent to the conveyance of such information by means of the Application. You acknowledge that you are solely responsible for the security of the device on which this information is conveyed or retained, as well as the security and confidentiality of any login, password, or other personally identifying information necessary to access information via the Application. You hereby waive any claim based on an allegation that your personal information was not securely delivered via the Application or that retention of such information on your device was not secure. Pathway makes no guarantee that your personal information will always be available via the Application. If you wish to have permanent storage of your information, you must make other arrangements and may not rely on the Application for such purposes.
- Application Content.The information obtained via the Application is for informational and educational purposes and is not intended to be used for medical advice or diagnosis or treatment. The information obtained via the Application is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Any information obtained via the Application should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Individuals should always consult with their physician or other qualified healthcare provider about questions concerning a medical condition, and before starting, stopping or modifying any treatment, diet, or medication. Do not ignore or delay obtaining professional medical advice because of information accessed through the Application. Call 911 or other emergency phone number or your doctor for all medical emergencies. PATHWAY IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF MEDICAL TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN AS A RESULT OF THE APPLICATION. THE PERFORMANCE CHARACTERISTICS FOR PATHWAY TESTING SERVICES DESCRIBED ON THE APPLICATION WERE ESTABLISHED AND VALIDATED BY PATHWAY ACCORDING TO THE REQUIREMENTS OF CLIA (CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988). THESE TESTING SERVICES HAVE NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION. Features and specifications of services (including associated tests) described, used, or depicted on the Application are subject to change at any time without notice.
- Intellectual Property and Application Use. The Application is licensed, and not sold, to you under this Agreement. You have no ownership rights in the Application or any related documentation. Pathway and its licensors retain all right, title, and interest in and to the Application (including any changes, modifications, or corrections thereto) and any related documentation. All intellectual property, including but not limited to the trademarks, service marks, logos and other information and materials described, used, or appearing on the Application are protected by applicable trademark, patent, copyright and other laws. None of the trademarks, service marks, logos and other information and materials on the Application may be used in any advertising or publicity, or otherwise to indicate Pathway’s affiliation with, or sponsorship of, any product or service without Pathway’s express written consent. Nothing contained on the Application should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademarks, service marks, logos or other information and materials appearing on the Application without Pathway’s written consent. Without limitation of the foregoing, the Application and any related documentation are protected by United States copyright law and international treaty provisions. You may not copy (except as expressly permitted in this Agreement), modify, adapt, translate into any language, distribute, or create derivative works based on the Application without the prior written consent of Pathway.
- Termination. The license is effective until terminated by you or Pathway. Your rights under this license will terminate automatically without notice from Pathway if you fail to comply with any term of this Agreement. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application. If Pathway or you terminate the license, this Agreement will terminate, but Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall continue to be effective after this Agreement is terminated.
- External Services; Third-Party Materials. The Application may enable access to Pathway’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services may require you to accept additional terms.
Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither Pathway nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither Pathway nor its agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
- Disclaimer of Content and Warranties; Limitation of Liability. The science and knowledge in the genetic testing area change quickly, and the Application should not be considered error-free or as a comprehensive source of all information on a given topic. Pathway makes no warranties or representations as to the accuracy of the content of the Application, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Application. Your use of the Application is subject to the additional disclaimers and caveats that may appear throughout this Agreement and otherwise on the Application. You assume the entire risk of loss in using the Application as well as the information and materials contained therein.
WITHOUT LIMITATION OF THE FOREGOING, THE APPLICATION IS PROVIDED “AS-IS”. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PROVIDED BY LAW, PATHWAY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACCESS TO THE APPLICATION MAY BE INTERRUPTED, AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NEITHER PATHWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE APPLICATION OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (A) ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE APPLICATION; OR (B) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “WHEN AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PATHWAY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT WILL PATHWAY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, OR YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US OR $1000.00, WHICHEVER IS GREATER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APPLICATION WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Indemnification. You agree to indemnify, defend and hold harmless Pathway, its affiliates, and its and their respective trustees, officers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (such as licensors and partners) (collectively, the “Indemnified Parties”) from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees, including on appeal) brought against any Indemnified Parties, arising out of or relating to: (a) your use of the Application; (b) your conduct; (c) your failure to perform your obligations under this Agreement (including, but not limited to, your violation of this Agreement); (d) your violation of the rights of any third party; and/or (e) use of the Application by anyone else on your device.
- Territory Restrictions. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
- Applicable Law/Jurisdiction/Disputes. These Terms and Conditions and your use of the Application shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. All disputes between Pathway and you arising under or related to this Agreement 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. The award rendered by the arbitrator shall be final. In the event of any legal action or proceeding related to the Application that cannot be addressed in arbitration, such action or proceeding shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, and you hereby submit to the personal jurisdiction of such courts.
This Application and the content therein are intended to comply with the laws and regulations in the U.S. Although the information on the Application is accessible to users outside of the U.S., the information regarding Pathway’s testing services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Pathway reserves the right to limit provision of its services to any person, geographic region or jurisdiction. Any offer for service made on the Application is void where prohibited.
- Miscellaneous. If any provision in this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Pathway reserves the right to alter or delete materials from the Application at any time at its discretion. This Agreement is the final and complete integration of the understanding of the parties with respect to its subject matter, including any prior written or oral communications. Failure, neglect, or delay in enforcing any or all of the provisions of this Agreement shall not constitute a waiver of any rights to enforce such provisions in the future.
- Contact. Should you have any questions, complaints or claims with respect to the Application, please direct them to Client Services via telephone (1-877-505-7374) or e-mail (ClientServices@Pathway.com).