Five3 calculates and bills fees and charges for its Genomics Analysis Service ("Service") monthly. Five3 reserves the right to change fees at any time, and will notify you via the email address currently associated with your account of any fee changes at least thirty (30) days prior to the changed fee going into effect. Current Service fees are posted on our service description page.
C. Authorized Use of Genomics Analysis Service; Restrictions, and Disclosures
- If you have a medical question, you should contact your physician. If you think you have a medical emergency, call 911 (or outside-USA country equivalent emergency number) or your physician immediately.
- You must be 18 years of age or older.
- You acknowledge and agree that Five3 is not engaged in the practice of medicine, either through the provision of the Service or the posting and monitoring services contemplated for the Service. You understand that this Site is not designed for medical care or medical emergencies and is not a substitute for professional medical advice. If you have questions about your medical condition or need medical help, you should seek the advice of your physician or other qualified health care provider and not rely on the information in the Service.
- You will not include in your transfers to the Service any Content that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Content and grant Five3 all of the license rights granted herein.
- You will not include in your interactions with the Service any unlawful, disparaging, libelous, or otherwise objectionable or controversial content as reasonably determined by Five3.
- You agree that you are responsible for maintaining the confidentiality and security of any applicable user name or password associated with your account on the Service. You are responsible for consequences arising from sharing, or accidental disclosure, of your user name or password.
- The Service may contain Content that you may find to be distasteful, explicit, revealing, or otherwise offensive. Five3 shall not be responsible for your reaction to such Content or any impact of such Content on you or others.
- You agree to indemnify, defend, and hold harmless Five3 and its affiliates and their respective officers, directors, consultants, agents, employees and other representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys' fees and court costs) arising from or related to your Content and activity within the Service.
- Unauthorized use of this website, including but not limited to, unauthorized entry into the Service system, misuse of passwords, or misuse of any other information is strictly prohibited. You may not use the Service in any manner that could damage, disable, overburden, reverse engineer, or otherwise impair the system or any Content included in the Service, or in any manner that could interfere with any other website or service. You may not attempt to gain unauthorized access to any other website or service, accounts not registered to you, or computer systems or networks, through hacking, password mining, or any other means. You agree that you will not engage in any activities while accessing and using the Service that violate applicable laws.
- The Content, including any other information and materials on the Service may contain typographical errors or inaccuracies. Five3 reserves the right, in its sole discretion without any obligation or notice, to change or correct such Content, or the information, materials, and descriptions on the Service and to suspend and/or deny access to the Service for scheduled or unscheduled maintenance, upgrades, improvements, or corrections.
- Five3 may take down the Service temporarily or permanently or terminate the services associated therewith at any time, for any reason, immediately and without notice to you.
- You agree that Five3 has no responsibility or liability for backing up any Content provided by you or included in the Service.
- You understand and acknowledge that Five3 is not a covered entity within the meaning of the Health Insurance Portability and Accountability Act of 1996 and its related regulations set forth in Parts 160, 162, and 164 of Title 45 of the Code of Federal Regulations, including any amendments under ARRA HITECH Act of 2009 (collectively, "HIPAA") and is not acting on behalf of a covered entity in its capacity as the operator of the Site and related services and that any Content you submit through or in connection with the Service or the Site that would otherwise be regarded as protected health information for purposes of HIPAA will not be subject to the limitations on the use and disclosure of such information by covered entities or their business associates under HIPAA.
- You understand and acknowledge that the information provided by Five3 may lead to discovery of genomic diseases or conditions in you or other third parties, and that such knowledge cannot be unlearned or undiscovered. Five3 disclaims any liability in the event that you discover diseases, conditions, or other information you may not want to know, or have others know, as a result of the Service.
D. Termination of a Genomics Analysis Service Account.
E. WARRANTY DISCLAIMER
THE SERVICE, AND ANY OTHER SERVICES ASSOCIATED WITH IT, ARE PROVIDED ON AN "AS IS," BASIS. FIVE3, ITS LICENSORS, AFFILIATES, AND SUPPLIERS TO THE FULLEST EXTENT ALLOWED BY LAW EXPRESSLY DISCLAIM ALL WARRANTIES, EXRPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIVE3, ITS LICENSORS, AFFILIATES, AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE ACCESS TO OR USE OF THIS SITE OR THE SERVICE PROVIDED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN ANY OF THE FOREGOING WILL BE CORRECTED, OR THAT THE FOREGOING WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. FIVE3 DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILTY, COMPLETENESS, OR CURRENTNESS OF THE CONTENT OF ANY CONTAINED ON THE SERVICE.
F. LIMITATION OF LIABILITY
IN ANY EVENT, FIVE3 AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL BE LIABLE IN AGGREGATE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $1,000.00 USD. IN NO EVENT WILL FIVE3 AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF INFORMATION) OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING ATTORNEYS' FEES AND LOST PROFITS) EVEN IF FIVE3 OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT ANOTHER THIRD PARTY'S EQUIPMENT, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE EVENT.
G. Your Intellectual Property Rights and Content License to Five3.
Five3 does not claim any ownership in any of the Content, including any information, data, text, information, files, images, photographs, music, sound, video, or other material, that you upload to the Service. You hereby grant to Five3 a non-exclusive, perpetual, global, irrevocable license, with rights of sublicense, to use your Content, including raw sequence data in the aggregate, for any legal purpose including but not limited to improving Five3 algorithms and identifying, making, or creating discoveries based on the Content and filing any intellectual property or other protections based on such discoveries. Five3 reserves the right to share any statistical or aggregate information with third parties for any legal purpose, but Five3 agrees not to include any of your personally identifiable information or any individual sequence samples without your prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.
Notwithstanding the foregoing and anything to the contrary herein, Five3 may disclose identifiable Content in the following situations:
- To third party entities, including affiliates, involved in Five3 operations and subject to security access controls and adherence to strict contractual requirements;
- When required by law, such as pursuant to a subpoena; and
- In extraordinary circumstances as determined by Five3 - for example, if Five3 reasonably believes the disclosure is needed in response to an imminent physical threat to you or others, to defend or assert legal rights, or in response to an immediate health risk authenticated by medical personnel.
H. Five3's Intellectual Property Rights
I. Governing Law and Jurisdiction
J. Entire Agreement
K. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please notify Five3's Copyright Agent. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. · 512, your notice must include the following information to be effective:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit Five3 to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- 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
- a statement that information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of owner of an exclusive right that is allegedly infringed.
Five3's Copyright Agent:
Attn: Copyright Agent
101 Cooper St
Santa Cruz, CA 95060
L. Release and Authorization Statement
Who is authorized to post my Content?
The people or organizations authorized to post my Content are those I will identify from time to time on the Service, if other than myself.
What Content may I, or other people or organizations I authorize, disclose?
The Content may include any and all information, including but not limited to health and health claims information, including, if such Content exists, records about mental health, substance abuse, HIV/AIDS and other sexually transmitted diseases, cancer, and genetic information. The Content may include any records I, or other people or organizations I authorize, hold about me now and in the future on an ongoing basis, until and unless I revoke my Service.
For Personal Representative of the Individual (if applicable):
If you are a Personal Representative of the Individual whose Five3 account is being created, please send: (1) your name; (2) the individual's name for whom you assert representative rights; (3) your relationship/authority to act for the individual; and (4) the following statement below with your signature to the Five3 Copyright Agent listed above:
"I hereby certify that I have the legal authority under applicable law to sign this Release and Authorization form on behalf of the individual listed above."