CGI Terms of Service 2017-09-13T21:09:44+00:00

CGI Terms of Service

Thank you for your interest in the services provided by the Center for Genomic Interpretation (“CGI,” “we,” or “us”).  CGI offers many services to assist you to better understand the genetic test results you received from a genetic test provider. Your use of the CGI website, genetic test evaluation services, genetic counseling services, services to resolve or clarify genetic test results such as variants of uncertain significance, or any of the other services (collectively, “Services”) provided by CGI  are governed by the following terms and conditions (“Terms of Service”). We will only evaluate genetic test results provided to you by genetic testing laboratories for their authorized purposes once you acknowledge and accept these Terms of Service.

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE. BY CHECKING THE BOX LABELED “I ACKNOWLEDGE AND AGREE TO THE CGI TERMS OF SERVICE”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY AND INFORMED CONSENT.

1. Eligibility

1.1 By agreeing to these Terms of Service, you represent and warrant that: (a) you are at least thirteen (13) years of age to access the website and eighteen (18) years of age to submit information; (b) you have legal authority and informed consent to submit genetic test results or other information for evaluation and receive informational reports or feedback from CGI – for yourself, for individuals over whom you are the legal representative or guardian, or as a clinician for your patients; (c) your account and registration information is complete and correct; (d) your use of the service is in compliance with any and all applicable laws and regulations; (e) you have reviewed and agree to these Terms of Service and the associated Privacy Policy and Informed Consent.

2. Account Information

2.1 To access the Services, you may be required to create an account through the CGI website (www.genomicinterpretation.org) and provide the requested personal information (such as your email address or additional contact information), either for yourself or on behalf of your patient or the individual for whom you are the legal representative or guardian. Other personally identifiable information or protected personal and family health information may also be requested upon account generation or ordering of any CGI services, including, but not limited to, your name, email address, physical address, medical information, and family medical history – collectively personally identifiable information (PII) and protected personal and family health information (PHI) respectively.

2.2 You affirm that the personal information provided is accurate, current, and is the means by which CGI may contact you for further information and return results. By registering your personal information with CGI, you agree to allow your PII or PHI to be stored and maintained by CGI as required by these Terms of Service to provide CGI Services.

2.3 You agree and acknowledge that any PII or PHI that you provide to CGI through the CGI website, data uploads, email communications, or other means is freely provided and therefore not subject to HIPAA guidelines (https://www.hhs.gov/hipaa/index.html).

2.4 You agree that you are solely responsible for maintaining the confidentiality of your account and password and you accept responsibility for all activities associated with your account.

2.5 By providing account information and accessing our Services, you consent to conduct business and communication with CGI electronically.

2.6 Any use of the website or Services that is unauthorized may lead to the suspension or termination of your account and potentially criminal prosecution.

3. Ordering CGI Services – Not  Medical Advice

3.1 If you are an individual requesting CGI services for yourself, CGI recommends that you contact a certified genetic counselor, your physician, or other qualified healthcare professional regarding questions you may have about the diagnosis, prognosis, treatment, or prevention of any disease or genetic trait. Use this link to find a certified genetic counselor in your area (http://www.findageneticcounselor.com/).

 

3.2 You should not make medical decisions without consulting a qualified healthcare professional. CGI Services are not medical services and are for research purposes only; they are not a substitute for the advice if a genetic counselor or other certified healthcare professional. Your genetic test results and any evaluation provided by CGI must be considered in a broader context of medical practice.

4. Payment for Services

3.1 Payment for Services shall be in US dollars as credit card payments via the merchant services offered through the CGI website (www.genomicinterpretation.org), or as a certified bank or cashier’s check.  No Services will be provided until after confirmed receipt of payment.

3.2 If you decide that the Services are no longer desired, please contact us immediately and we will refund the incurred cost on the purchase card, if Services can be cancelled.

5. Term and Termination

5.1 These Terms of Service shall remain in effect unless and until termination by CGI. These Terms of Service may be terminated, suspended, or restricted at any time at the sole discretion of CGI.

5.2 Your use of services provided by CGI is subject to any and all updates to the Terms of Service, Privacy Policy, or Informed Consent.

5. Limited Right to Use

5.1 The Services provided are owned and operated by CGI. By registering an account and accessing Services, CGI grants you a limited non-exclusive right and license to access and use the website and any results or information provided to you by CGI for personal, non-commercial use.  Repurposing or resale of any information from the website or data, reports, or information for commercial use is strictly prohibited.

5.2 You may not use the CGI logo or any other trademark belonging to CGI without first obtaining express prior written consent from CGI.

5.3 In no way do these Terms of Service confer any rights, remedies, or benefits upon any third party.

5.4 Any CGI proprietary methodology or protocol shall remain confidential. Clients agree that their license is only to the results of CGI’s methodology and no technical information not directly corresponding to the quality of that result is corresponded them.

6. Indemnity

6.1 You agree to indemnify, defend, and hold harmless CGI, its officers, agents, employees, and affiliates for any claim, loss, damage, expense or other liability (including reasonable attorneys’ fees and costs) which may be made against CGI as a result of: (a) your acts, omission, use or modification of Services, (b) your failure to comply with these Terms of Service, (d) your failure to acquire applicable information, consultation, or additional rights related to the use of information provided by CGI.

7. Disclaimers and No Warranties

7.1 CGI DOES NOT OFFER GENETIC TESTING NOR CONSULTATION PRIOR TO GENETIC TESTING.

7.2 ALL SERVICES PROVIDED BY CGI ARE SOLELY FOR RESEARCH USE ONLY AND ARE NOT FOR DIRECT APPLICATION TO CLINICAL DIAGNOSTIC, PROGNOSTIC, OR THERAPEUTIC USE. ANY AND ALL CLINICAL DECISIONS BASED UPON SERVICES PROVIDED BY CGI ARE THE SOLE RESPONSIBILITY OF THE CLINICIAN, CLINICAL LABORATORY DIRECTOR, OR EQUIVALENT WHO IS AUTHORIZED TO SIGN OUT CLINICAL DIAGNOSES, PROGNOSES, OR THERAPIES BASED UPON THE DATA AND GUIDELINES OF THE CLINICAL GENETIC TEST(S) PROVIDED BY THE ISSUING ORGANIZATION.

7.3 CGI RECOMMENDS THAT YOU CONSULT WITH A CERTIFIED HEALTHCARE PROFESSIONAL IN CONJUNCTION WITH RECEIPT OF SERVICES.

7.4 THE SERVICES ARE PROVIDED “AS IS”. CGI EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN OR SUITABILITY, OR QUALITY OF SERVICE. WITH RESPECT TO THE PROJECT OR ANY GOODS, SERVICES OR OTHER MATERIALS DELIVERED BY CGI. CGI DOES NOT GUARANTEE IN ANY WAY THAT THE RESULTS OF ANY ANALYSIS AND REPORTS IT PRODUCES BASED UPON THIRD PARTY INFORMATION ARE ACCURATE. NO WARRANTIES SHALL ARISE UNDER THESE TERMS AND CONDITIONS FROM COURSE OF DEALING OR USAGE OF TRADE.

7.5 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NONE OF CGI’S REPRESENTATIONS, WARRANTIES OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS SHALL APPLY WITH RESPECT TO THIRD PARTY DATA OR THIRD PARTY PLATFORMS. CGI MAKES NO WARRANTIES OR REPRESENTATIONS AND WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY THIRD PARTY DATA, INCLUDING THE ACCURACY OR LEGALITY OF ANY THIRD PARTY DATA. ALL SERVICES WITH RESPECT TO THIRD PARTY PLATFORMS AND THIRD PARTY DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY BE DISCONTINUED AT ANY TIME BY CGI.

8. Limitations of Liability

8.1 NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO CGI UNDER THE APPLICABLE SERVICES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT, OR ANY PRODUCT, IS LIMITED TO THE AMOUNT PAID TO US FOR THE SERVICES PURCHASED BY YOU.

9. Dispute Resolution and Arbitration

9.1 You agree to first attempt to resolve all disputes arising under any agreement through good faith negotiations as governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively AAA Rules). Our agreement to arbitrate disputes includes, but is not limited to any and all claims arising from or relating to any aspect of these Terms of Service whether they be based in contract, tort, statute, fraud, misrepresentation or any other legal theory, regardless of whether the claims arise during or after the termination of these Terms of Service.

9.2 Arbitration hearings will take place at an agreed upon location in Salt Lake County, UT.

9.3 If under arbitration, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. If such is the case, you agree to reimburse CGI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

9.4 YOU UNDERSTAND AND AGREE THAT, BY ACKNOWLEDGING AND AGREEING TO THESE TERMS OF SERVICE, YOU AND CGI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION.

9.5 You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising from any and all products and services provided to you by CGI, or persons employed or engaged by CGI.

10. Governing Law and Venue

10.1 These Terms and Conditions shall be governed by and construed under the laws of the State of Utah, exclusive of its choice of law rules, as such law applies to agreements between Utah residents entered into and to be performed within Utah, except as governed by federal law. Any controversy or claim arising out of or in any way connected with these Terms and Conditions, or the alleged breach thereof shall be brought in the state and federal courts located in the State of Utah. You agree that the courts of the State of Utah have exclusive jurisdiction over any legal proceedings arising out of or related to use of the Services.  You waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.

10.2 If you are accessing the Services from any location with regulations or laws governing personal data collection, use, or disclosure that differ from United States laws or regulations, please note that the Client is transferring personal information to the United States and consents to that transfer and to the collection and processing of such information in the United States.

11. Entire Agreement; Severability

11.1 These Terms and Conditions, together with all applicable Services Schedule executed by the Parties constitute the entire agreement between the Parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the Party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or in any other Client order documentation shall be incorporated into or form any part of these Terms and Conditions, and all such terms or conditions shall be null and void. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable.

11.2 If any part of the Terms & Conditions is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms & Conditions, which will continue to be in full force and effect.