TRANSLATIONAL SOFTWARE INCORPORATED
- “TSI” means Translational Software Incorporated.
- “Product Development” means research and development activities performed by TSI on its products. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
- “Service” or “Services means TSI’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- “Personal Information” is information that can be used to identify you, either alone or in combination with other information, or that discloses protected health information about you. TSI collects and stores the following types of Personal Information:
- “Genetic Information” consists of your genotype, e.g. the As, Ts, Cs, and Gs at particular locations in your genome. Genetic Information is generated when you purchase genetic testing services and your saliva sample is analyzed and processed or you otherwise contribute or access your Genetic Information through our Services.
- “Protected Health Information” consists of information, including Self-Reported Information and Genetic Information, to which you are entitled to protection under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other laws.
- “Registration Information” is information that we collect from you when you purchase or sign up for our Services. Examples of such information include your name, credit card information, billing and shipping addresses, and contact information, such as email address and telephone number.
- “Self-Reported Information” includes information you provide to us, including but not limited to information about your disease conditions (e.g. Type 2 Diabetes), your medications, other health-related information (e.g. pulse rate, cholesterol levels, visual acuity), personal traits (e.g., eye color, age, height, weight, gender), ethnicity, and/or family history (e.g. similar information about family members). We collect this information from you if and when you enter the information into surveys, forms, or features while signed in to your account.
- “Web Usage Information” is information on how you use the TSI website (e.g. browser type, domains, page views of TSI sites) collected through log files.
- “Aggregated Self-Reported Information” is Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information.
2. Acceptance of Terms
Your use of TSI’s Services is subject to the terms of the legal agreement between you and TSI set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to interacting with the TSI website, and/or creating and using your TSI account. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by TSI for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that TSI will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular TSI Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TSI also may offer other services from time to time that are governed by different terms of service.
3. Description of the Services
The Services include access to the TSI public website. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Service. We give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. You acknowledge and agree that the form and nature of the Services which TSI provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that TSI may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at TSI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TSI when you stop using the Services unless you are requesting closure of your account. TSI assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while TSI may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TSI at any time, at TSI’s discretion.
4. Prohibited Practices
In using the Service, you may not:
- use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “TSI parties”), or any customer of a TSI party;
- use any automated process or service (such as a BOT, a spider, periodic caching of information stored by TSI, or “meta-searching”) to access and/or use the Service;
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
- damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service; or
- resell or redistribute the Service, or any part of the Service.
You acknowledge and agree that you are solely responsible for (and that TSI has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which TSI may suffer) of any such breach. In case of breach of the TOS TSI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify TSI and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or TSI has a reasonable ground to suspect that you have violated the terms of this Section, TSI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Risks and Considerations Regarding TSI Services
We do not provide medical advice. The Genetic Information provided by or through TSI is to provide information to medical professionals to treat their patients. The Services are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
We provide a tool to physicians giving you care. TSI does not recommend or endorse any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. TSI believes that (a) genetics is only part of the picture of any individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any.
6. Third Party Content and Program Disclaimer.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Programs and devices that connect with the TSI Website are not endorsed or warranted by TSI. Product descriptions are by their manufacturers and provided for informational purposes only. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by TSI. Because TSI has no control over such sites and resources, you acknowledge and agree that TSI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program – or any treatment decision. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service.
7. User Representations
By accessing TSI Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from or through TSI is designed for a medical professional to use in context with other medical data and their professional judgment. You acknowledge that TSI urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from information obtained from or through the site.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee for any illegal purpose.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
- You understand that all your Personal Information will be stored in TSI databases and will be processed in accordance with the TSI Privacy Statement.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations TSI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify TSI and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
7. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if TSI has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, TSI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access TSI’s website through your username and password, you will defend and indemnify TSI and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify TSI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TSI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. TSI Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by TSI for any Service; or by (2) actually using the Services.
You acknowledge and agree that TSI has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the TSI Services, website, or other systems.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
You agree to defend and hold TSI, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
10. No Resale of Service
You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
11. General Practices Regarding Use and Storage
You acknowledge that TSI may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on TSI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that TSI has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that TSI reserves the right to change these general practices and limits in its sole discretion.
12. modification,s to Service
TSI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that TSI shall not be liable to you or to any third party for any modification,, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from TSI. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit TSI to deliver these to you) as part of your use of the Services.
The TOS will continue to apply until terminated by either you or TSI as set out in this Section.
If you want to terminate your legal agreement with TSI, you may do so by notifying TSI at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to TSI’s address, which is set out at the beginning of the TOS.
TSI may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) TSI is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom TSI offered the Services to you has terminated its relationship with TSI or ceased to offer the Services to you; (4) TSI is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by TSI is, in TSI’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that TSI shall not be liable to you or any third party for any termination of your access to the Services.
14. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and TSI have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and such provisions shall continue to apply to such rights, obligations, and liabilities indefinitely.
15. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with – or participation in promotions of – information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that TSI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
16. TSI’s Proprietary Rights
You acknowledge and agree that TSI (or TSI’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TSI and that you shall not disclose such information without TSI’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TSI, you agree not to – and not to permit anyone else to – modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of TSI and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Translational Software Incorporated, TSI, and other TSI logos and product and service names are trademarks of TSI and these marks together with any other TSI trade names, service marks, logos, domain names, and other distinctive brand features are the “TSI Marks”. Nothing in the TOS gives you a right to use any TSI Marks and you agree not to display, or use in any manner, TSI Marks.
17. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TSI’S MAXIMUM LIABILITY TO YOU SHALL BE FEES PAID FOR THE TSI SERVICE AND THAT TSI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. TSI may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at: Translational Software Incorporated
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
19. Changes to the Terms of Service
TSI may make changes to the TOS from time to time. When these changes are made, TSI will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, TSI will treat your use as acceptance of the updated TOS.
20. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or TSI has a reasonable ground to suspect that you have violated the terms of these TOS, TSI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).