Version 1.0
Last Updated: October 7, 2024
Effective Date: October 7, 2024
Welcome to Head Genetics Inc. (“we,” “us,” or “our”). By accessing or using our mobile application (the “App”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our App.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY HEAD GENETICS INC. IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Head Genetics Inc. will make a new copy of the Terms available through the Services. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have previously used the Services, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective 30 days after posting notice of such changes on the Services for existing users. Head Genetics Inc. may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
Acceptance of Terms
By using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use our App. If you are using the App on behalf of a minor, you represent that you are the parent or legal guardian of that minor and accept these Terms on their behalf.
User Accounts Account Creation: To access certain features of our App, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.
Account Security: You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Use of the App
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to: Use the App in any way that violates any applicable federal, state, local, or international law or regulation.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which may harm Head Genetics Inc. or users of the App.
Transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
Intellectual Property Rights
All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of Head Genetics Inc. and are protected by applicable copyright, trademark, and other intellectual property laws.
Third-Party Links
Our App may contain links to third-party websites. We have no control over these websites and assume no responsibility for their content or practices. We encourage you to read the terms of service and privacy policies of any third-party websites you visit.
Disclaimers Disclaimer of Warranties and Conditions: As Is: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW, (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND (B) THE HEALTH GENETICS INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
No Warranty: THE HEALTH GENETICS INC. PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Risk of Damage: ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
Disclaimer of Certain Damages: YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HEALTH GENETICS INC. PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT HEALTH GENETICS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: THE USE OR INABILITY TO USE THE SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, CONTENT, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
No Liability for Conduct of Third Parties: YOU ACKNOWLEDGE AND AGREE THAT THE HEALTH GENETICS INC. PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HEALTH GENETICS INC. PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, USER CONTENT, OR THIRD-PARTY SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
User Content
EXCEPT FOR HEALTH GENETICS INC.’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN HEALTH GENETICS INC.’S PRIVACY POLICY, HEALTH GENETICS INC. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
Remedies Violations: If Health Genetics Inc. becomes aware of any possible violations by you of the Terms, Health Genetics Inc. reserves the right to investigate such violations. If, as a result of the investigation, Health Genetics Inc. believes that criminal activity has occurred, Health Genetics Inc. reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Health Genetics Inc. is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your User Content, in Health Genetics Inc.’s possession in connection with your use of the Services, to: comply with applicable laws, legal processes, or governmental requests;
enforce the Terms;
respond to any claims that your User Content violates the rights of third parties;
respond to your requests for customer service; or
protect the rights, property, or personal safety of Health Genetics Inc., its users, or the public, and all enforcement or other government officials, as Health Genetics Inc. in its sole discretion believes to be necessary or appropriate.
Term and Termination Term: The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services unless terminated earlier in accordance with the Terms.
Prior Use: Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services unless earlier terminated in accordance with the Terms.
Termination of Services by Health Genetics Inc.: If you have breached any provision of the Terms, or if Health Genetics Inc. is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Health Genetics Inc. has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause are made in Health Genetics Inc.’s sole discretion.
General Provisions Electronic Communications: The communications between you and Head Genetics Inc. utilize electronic means, whether you visit our application, send us emails, or receive notices through our platform. You consent to receive communications from Head Genetics Inc. in an electronic form, and you agree that all terms, conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communications. This does not affect your statutory rights.
Assignment: The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent from Head Genetics Inc. Any attempted assignment in violation of this provision will be null and void.
Force Majeure: Head Genetics Inc. is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, civil disturbances, fire, floods, accidents, strikes, or shortages of materials.
Questions, Complaints, Claims: If you have any questions, complaints, or claims with respect to the Services, please contact us at help@headgenetics.com.
Exclusive Venue: To the extent permitted by law, all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the Delaware state or federal courts.
Governing Law: The Terms will be governed by and construed in accordance with the laws of TN, consistent with the Federal Arbitration Act, without regard to its conflict of law principles.
Notice: You agree that all notices, disclosures, and other communications that we provide to you under the Terms will be deemed given and received on the date that they are transmitted to your email address on file.
Waiver: Any waiver of any provision of the Terms will be effective only if in writing and signed by Head Genetics Inc. No waiver of any provision will be deemed a further or continuing waiver of such provision or any other provision, and any failure of Head Genetics Inc. to assert a right or provision under the Terms will not constitute a waiver of such right or provision.
Severability: If any part of the Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
Export Control: You agree not to export any U.S. technical data or products utilizing such data in violation of U.S. export laws.
Entire Agreement: The Terms constitute the final, exclusive agreement between you and Head Genetics Inc. regarding the subject matter hereof and supersede all prior agreements, understandings, or negotiations, whether written or oral, between you and Head Genetics Inc.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Head Genetics Inc.
5641 Winslet Drive
Franklin, TN 37064
Email: help@headgenetics.com