Terms of service
Effective date: 03/15/24
Welcome! Nucleus Genomics is a business engaged in next-generation consumer-initiated genetic testing and analysis. This Terms of Service Agreement (“Terms”) sets forth the standards of use of the websites owned, operated, and maintained by Nucleus Genomics, Inc. (each a “Website”), along with any of its affiliates (collectively referred to as “Nucleus,” “us” and “we”). Terms such as “you” and “your” refer to the person using or visiting any Website, receiving any services or products via any service, and in either case, any person or entity on whose behalf you are acting.
By using the Website, you agree to the most recent version of these Terms and our Privacy Policy. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Website or to a service or product offered via the Website (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Website from time to time may be governed by different terms of use. If you do not agree to these Terms, you may not use the Website. We reserve the right to change these Terms without prior notice. Modifications shall become effective upon being posted on this or a similar page of our Website. By your continued use of any Website after any changes are posted, you consent to and accept these Terms and any changes. Except as provided in this paragraph, these Terms may not be amended.
Important note regarding website content
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NO CONTENT OR MATERIAL YOU MAY ENCOUNTER ON THE WEBSITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.
All content on the Website is made available solely for general information purposes and does not replace the relationship that you have with your healthcare professionals. The Content on the Website is not medical advice. You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on the Website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professionals.
The Website is primarily intended for a United States audience. If you live outside the U.S., you may see information on this website about products or services that are not available or authorized in your country. If you are a non-U.S. user, you acknowledge and agree that we may collect and use your information and disclose it to other entities outside your resident jurisdiction as described in our Cookie Policy. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By agreeing to our Cookie Policy, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction to the U.S. or other jurisdictions with different, and in some cases, lower levels of protection for your information. To learn more, please refer to our Cookie Policy. If you do not consent to such transfer, you may not use our Websites.
If you enter into any other agreement with Nucleus, then these Terms are in addition to the terms of such other agreements.
01
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT ON IT IS PROVIDED ON AN "AS IS" AND AS-AVAILABLE BASIS. WE AND ANY THIRD PARTIES PROVIDING ANY CONTENT ON ANY WEBSITE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THERE IS NO WARRANTY THAT ANY WEBSITE WILL OPERATE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. WE MAKE NO WARRANTIES OF ANY KIND WHATSOEVER AS TO THE RESULTS THAT YOU WILL OBTAIN FROM RELYING UPON THE SERVICES PROVIDED TO YOU ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE, AS WELL AS ALL OF OUR SUPPLIERS AND VENDORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, OR LIABILITIES OF ANY NATURE WHATSOEVER ON ACCOUNT OF OR ASSOCIATED WITH THE USE OF ANY WEBSITE OR APPLICATION.
IN THE EVENT THE WEBSITE CONTAINS ANY PRICING ERRORS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY PRICING OR OTHER ERRORS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY CONTENT ON THE WEBSITE OR FOR ANY ACT OR OMISSION BY US RELATED TO ANY SERVICE, AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE, IS TO STOP USING THE WEBSITE.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE, THEN SUCH ITEM IS DEEMED DELETED, AND THE REMAINDER OF THESE TERMS REMAINS IN FULL FORCE AND EFFECT.
02
Limitation of Liability
NUCLEUS AND OUR RESPECTIVE VENDORS AND SUPPLIERS (“SERVICE-RELATED PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, NUCLEUS AND ITS VENDORS/SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION IT CONTAINS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NUCLEUS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE, LIABILITY OF THE SERVICE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR ANY SUCH LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE, AND THE REMAINDER SHALL SURVIVE.
You acknowledge and agree that our suppliers are third-party beneficiaries of these Terms, with the right to enforce the limitations of warranty and liability set forth herein with respect to the respective technology of such suppliers.
03
License to Use this Website and Content Ownership
Subject to these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to view the content on the Website for your personal, noncommercial use only. All rights, title, and interest in and to the Website, including the content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein shall remain with us and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making content available on the Website, granting the foregoing licenses or entering into these Terms.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant us a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some Websites operated by us include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
04
Plans
We offer two plans on our Website: the Basic Plan and the Premium Plan.
The Basic Plan is not a diagnostic tool. You may upload certain data, which has been collected and previously analyzed by a laboratory independent and not affiliated with us, to use our software to generate a polygenic score for diseases and traits of your choosing. Any scores or results generated using the Basic Plan are not reviewed by a physician.
The Premium Plan offers CLIA-certified and CAP-accredited laboratory sequencing and analysis. Testing done through the Premium Plan is physician ordered and reviewed. In order to use the Premium Plan you must review and sign Nucleus’ Genetic testing consent form, our independent physician network’s Informed consent for telehealth services and our Consent for trait analysis. Results from the Premium plan are not diagnostic and should be interpreted within the context of a full clinical evaluation.
You can learn more about each plan here.
05
Fees
We will collect your payment for services. We reserve the right to change prices in our sole discretion at any time; however, the Website will reflect then-current prices.
The Services are paid for by you and are not intended to be reimbursed by any health insurance plan. We do not submit or process insurance paperwork or claims for the services provided within the scope of this agreement unless otherwise stated.
By continuing with the services, you understand and agree that you are responsible for paying all fees associated with the services being offered through the Website at the rates stated on the Website.
06
Indemnification
You agree to indemnify and hold Nucleus, its business partners, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of any Website, the violation of these Terms, or infringement by you, or other user of any Website using your computer, of any intellectual property or any other right of any person or entity. This includes products and services that are hosted on our Website, as well as any created or developed by a third-party vendor or partner which are integrated into any Website.
07
Modifications and Interruption to Service
Nucleus reserves the right to modify or discontinue any Website with or without notice to you. Nucleus shall not be liable to you or any third party should we exercise our right to modify or discontinue any Website. You acknowledge and accept that Nucleus does not guarantee continuous, uninterrupted or secure access to any Website and operation of any Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
08
Third-Party Sites
Our Website may include links to other websites, applications, or services that are owned or operated by third parties. You acknowledge that we are not responsible for the availability of, or the content, accuracy, or accessibility of any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each third-party site or service, and we are not responsible therein. We encourage you to review the terms of use and privacy policies of third-parties’ sites.
09
Disclaimer of Medical Advice
You understand and acknowledge that you are responsible for your own medical care, treatment, and oversight. All of the content provided on our Websites, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, forum postings, are for informational purposes only and are not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. Our content is not intended to establish a standard of care to be followed by a user of our Websites. You understand and acknowledge that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information featured on or transmitted through our Websites.
Our Websites may contain information regarding research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by us of the study, trial, or treatment. Nucleus assumes no responsibility for informing users regarding any such studies, trials, and treatments and makes no guarantee as to the completeness or accuracy of such information. Nucleus also assumes no responsibility for connecting any user with the provider of a research study, clinical trial or clinical treatment. Furthermore, Nucleus assumes no responsibility for ensuring the qualification of a user or participation of any user in any such study, trial or treatment. It is the responsibility of each user to contact the relevant investigators and pursue participation in a study, trial or treatment.
NUCLEUS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR WEBSITES. NUCLEUS EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR WEBSITES, EVEN IF NUCLEUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR WEBSITES, THE INABILITY TO USE OUR WEBSITES OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR WEBSITES.
10
Mobile Application Access
When using a Nucleus application or accessing the Website via your mobile device, you may incur additional charges from your wireless provider for these mobile services. You agree that you are solely responsible for any such charges. Standard messaging and data rates may apply.
11
Compliance with Laws; Restrictions on Use of Services
You are responsible for compliance with all applicable laws. You may not use any Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Additionally, you agree not to use the Website:
For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Nucleus, a Nucleus employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
To transmit any sexually explicit material;
To engage in any other conduct, including discrimination or harassment, that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Nucleus or users of the Website, or expose them to liability;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website; or
Otherwise attempt to interfere with the proper working of the Website.
12
Accounts
Access to certain areas of our Websites is limited by a user identifier (“User ID”) and password, which are selected and/or supplied as part of the registration for a service account with Nucleus.
By creating an account, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (v) you will have obtained registration and will use our Websites only for the activities permitted by such registration. By logging onto our Websites using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through our Websites. Your User ID and password are unique to you, and you agree to be solely responsible for disclosing and sharing your User ID and password with any third party for the purpose of logging into your account.
Your account membership will automatically renew annually. If you choose not to have your account membership automatically renewed, your account will be inactivated at the end of your billing cycle and you will lose all access to the logged-in required portions of the Website until you choose to reactivate your account. For the Premium plan, you may download any existing physician reports from your account as well as your sequencing data, prior to the expiration of your term.
If you decide to terminate your account, you will not be able to access your account or any information contained therein. We will not retain any information or data, unless required to do so by law. It is your responsibility to retain your information outside of your account prior to termination.
13
Security
You are responsible for creating or changing your password upon creating a Website account. You are also responsible for safeguarding and maintaining the secrecy of your password at all times. We believe that we have taken reasonable security steps; however, nothing is entirely hacker-proof or foolproof, and you accept the risk of conducting medical, financial and private transactions via the Internet, should you decide to do so. You agree that Nucleus is not responsible or liable for the illegal actions of third parties (e.g., hackers).
14
Copyright and Trademark Information
Unless otherwise indicated or attributed, all content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2021-2024 Nucleus, with all rights reserved, or is the property of Nucleus and/or third parties protected by intellectual property rights. Any use of materials on any Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Nucleus is strictly prohibited. You agree that you will not use or enable any robot, spider, or other automatic device, or manual process to monitor or copy our Website or the content contained therein without prior written permission of an authorized officer of Nucleus. Nucleus is a proprietary mark and may not be used in connection with any product or service that is not provided by Nucleus, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nucleus. All other trademarks displayed on our Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to any services of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Nucleus.
15
Copyright Infringement - DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked, to: Nucleus General Counsel, 8000 Norman Center Drive, Bloomington, MN 55437.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
16
Other Terms
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by Nucleus, in our sole discretion, in whole or in part, to an affiliate, or to a third party, without prior notice to you. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of any Website. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of any Website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You agree to bring any and all claims involving us or any Website within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of these Terms which, by their nature are designed to survive expiration or termination of these Terms shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree that we may provide any and all notices to you by email, telephone, mobile phone, text message, as well as by any other method, including through this Website.
17
Contact
You may contact us as follows:
Nucleus Genomics, Inc.
Attn: Nucleus Council
8000 Norman Center Drive
Bloomington, MN 55437
18
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York (excluding its conflicts of law rules). You consent to the jurisdiction of the state and federal courts located in the State of New York or all disputes related to these Terms. You agree that you will pursue any claim or dispute arising under or related to any Website in your individual capacity and not as part of a class action or collective action.
These Terms (together with our Privacy Policy and, if applicable, the Cookie Policy, any Notice of Privacy Practices and Informed Consent to which you agree in connection with the Plans) contain the entire understanding and agreement between you and us with respect to the Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us with respect to this Website and your use of this Website.
Effective date: 03/15/24
Copyright ©2024 Nucleus Genomics. All rights reserved.
