This website, (www.telome.com, the "Site"), and any related Services are provided subject to these terms and conditions. Your use of our Site or any Services will indicate your agreement to be bound by these terms.
TeloMe and this Site do not provide medical advice
TeloMe does not provide medical advice. The contents of our Site, including any telomere length analysis, population comparative analysis, risk estimate, or other reports generated by the Services, and any other information, data, analyses, editorial content, images, audio and video clips, are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. If you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms that might require treatment, you should seek the advice of a physician or other qualified health provider.
Your samples and account
If you utilize our Services, you will be required to submit one or more biological samples, such as saliva, and you represent and warrant that any samples you submit to us for processing as part of the Service are your own, that you have followed the collection instructions provided by us, that you are 18 years of age or older and that you will not use our Site or the Services for any purpose that is unlawful, unethical or in violation of these Terms.
As part of the Service, you will be required to create a user account in order to access certain portions of our Site. You represent and warrant that the information you provide is accurate and complete and that you will promptly update your account if any of the information changes. We reserve the right to terminate your use of our Site or the Services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for your account. You are solely responsible for keeping your password confidential and for all uses of our Site and the Services with your account. You must immediately notify TeloMe of any unauthorized use of your account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
Charges, billing, and refunds
Fees for TeloMe Services can be paid using a credit card. You represent and warrant that you are authorized to use your credit card, and you agree to pay all charges incurred using your account. You agree that TeloMe may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes. We reserve the rights to accept or reject orders for any reason and to stop accepting credit cards from one or more issuers.
Multiple aspects of our service are highly variable, including saliva DNA quality, composition, and concentration, and outbound and return shipping, and we expect end users are researchers who understand these unpredictable aspects. We reserve the rights to re-collect samples and to provide a refund of the purchase price for any reason within a reasonable time and in accordance with the laws of the Commonwealth of Massachusetts. Price and availability of any Service are subject to change without notice. Credit card purchases incur a non-refundable charge; therefore, refunds requested by the purchaser will be assessed a 5% restocking fee.
Limitations on the scope of our services
TeloMe may use different or additional technologies in the future to process your samples and to generate data. We may, at our sole discretion, and to the extent consistent with the Informed Consent that you have agreed to, choose to re-process your DNA sample using any such different or additional technology and include the results within your updated Report. However, your purchase of any Service does not automatically include any such different or additional technology. You may also need to submit a new saliva sample or other biological sample for processing on such different or additional technology.
Privacy and security
TeloMe's current privacy and security policies and practices are described in our Privacy Policy. We reserve the right to update our privacy and security policies and practices from time to time at our sole discretion. We will employ commercially reasonable technical and organizational safeguards against unauthorized disclosure or access to your data or other personally identifiable information about you, consistent with our Privacy Policy. However, you acknowledge that security safeguards are imperfect and can be circumvented. TeloMe cannot and does not guarantee that identifiable information about you will not be accessed by unauthorized persons. Additionally, TeloMe cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release. Ownership and use of content
The Site is owned and operated by TeloMe, Inc. and title to the Content and the Services (and any intellectual property and other rights relating thereto) are and will remain with TeloMe, its licensors and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark and other laws. TeloMe grants you a non-exclusive, non-transferable, revocable, limited license to receive the Services you purchase from TeloMe, and to view and print one or more copies of Your Report and a single copy of any other Content obtained by you from our Site, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of Your Report to your physician and anyone else of your choosing. You may not use any Content obtained from our Site in any other manner or for any other purpose without the prior written permission of TeloMe. Our licensors and suppliers may impose additional restrictions on the Content they provide to TeloMe (such as journal articles and editorial content); in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to TeloMe, its licensors and suppliers. By using our Site or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Site or any Services, or "frame" or "mirror" any part of our Site without prior written consent from TeloMe.
Trademark notices
All trademarks, service marks and logos used on our Site, whether registered or unregistered, are owned by TeloMe, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our Site without prior written consent from the rightful owner(s).
Accuracy and integrity of information
While we strive to keep the Content accurate, complete and up-to-date, TeloMe cannot and does not guarantee the accuracy, completeness, or timeliness of Your Report or any other Content, whether provided by us, our licensors or our suppliers. It is possible the Content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within Your Report or other Content may be changed or updated by TeloMe without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our Site are those of the respective third party and not necessarily those of TeloMe. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TELOME NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Third party web sites
Our Site contains hyperlinks to third party Web sites. Hyperlinks to or from our Site do not constitute any endorsement or recommendation by TeloMe of any third party or its Web site, products, resources or other information. TeloMe is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for third party sites and content. You acknowledge that TeloMe shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
No warranty
OUR SITE, THE SERVICES, YOUR REPORT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. TELOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TELOME DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT DELIVERY OR ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TELOME MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
Limitation of liability
TELOME ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL TELOME, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, YOUR REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND TELOME OR OUR SITE; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT TELOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless TeloMe, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use of our Site, the Services, Your Report or other Content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Site. You agree to cooperate as reasonably required in the defense of any such claim. TeloMe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of TeloMe. Applicable law This agreement and the resolution of any dispute related to these Terms, our Site, the Services, Your Report or any other Content shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflicts of law principles.
General
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms, together with any such other legal notices and terms on our Site, our Privacy Policy and any TeloMe Informed Consent that you have agreed to, constitute the entire agreement between TeloMe and you pertaining to the subject matter hereof. TeloMe may, at its sole discretion, periodically revise these Terms by updating this posting. You should periodically visit this page to review the current version of these Terms, so you are aware of any revisions to which you are bound. If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision and the remaining provisions of these Terms shall continue in full force and effect.
