Terms of Service
“Genetic Direction” means Genetic Direction, LLC, whose principal place of business is at 211 North Ervay Street Suite 520, Dallas TX 75201. Genetic Direction shall post, on this website, if such address changes. If the following terms are used on the site, “we”, “us”, “its” and “our”, they refer to Genetic Direction.
- “Service”or “Services” means Genetic Direction’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. Genetic Direction collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by Genetic Direction or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Genetic Direction.
- “Self-Reported Information” is all information about yourself, including your health-related information reported by you in our health survey.
- “Aggregated Genetic and Self-Reported Information”is Genetic and 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 while still providing scientific evidence.
- Acceptance of Terms
Your use of Genetic Direction’s Services is subject to the terms of the legal agreement between you and Genetic Direction 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 a) submitting a saliva sample (“Sample”) for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Genetic Direction website, and/or c) in order to use the Services, agreeing 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 Genetic Direction for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Genetic Direction will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Genetic Direction Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time.
When you submit your saliva sample, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Genetic Direction, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services. Legal age for use of Genetic Direction services is 18 years of age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the TOS will result in an immediate termination of your access to this website.
- Description of the Services/Products
The Services include access to the Genetic Direction public website and personal genotyping services, including the collection and analysis of your saliva sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Genetic Direction at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Genetic Direction is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Genetic Direction provides may change from time to time without prior notice to you. Prices for the Services may also change without notice.
Although based on scientific research, Services and results provided by Genetic Direction in any format, (including genetic findings and probabilities) shall not be relied upon by you or any other person to diagnose, treat or prevent any disease or health condition.
You should consult with a physician or other appropriate health care professional regarding the diagnosis, treatment and prevention of any disease or health condition. We do not recommend or endorse any specific tests, treatments, drugs, medical devices, procedures or other health care products that are referred to on this website. The information contained on this website is not intended to be medical advice nor should it be used as a substitute for seeking professional medical assistance. No patient/physician relationship between you and Genetic Direction is created through your use of this website or our Services.
Genetic Direction will supply you with a saliva sample collection kit, with an address label for shipment of the kit to our lab contractor. At the lab, genomic DNA will be isolated and a portion used for genotyping (the “Test”). The Sample will be destroyed based upon CLIA guidelines..
Our process involves your ordering a health management product via the Genetic Direction website or toll-free call center, which will include the following:
You will receive a professional lab DNA test using an at-home DNA collection kit that utilizes cheek swabs and/or saliva samples. This sample is then mailed to our lab partner for processing. In addition to the at-home DNA collection kit, you will be asked to complete our online health survey
Based upon your DNA and the online health survey and the DNA test results from our chosen list of genes, our proprietary interpretation algorithms will develop a recommended solution protocol relevant to the health management program you have purchased.
These recommendations will be available online through our client portal and delivered through a customized, full-color personal report detailing your DNA test results, interpretation of those results, and tailored recommendations for the relevant health management program. You will also have access to various resources through the portal tailored to your specific genotype.
Some of these recommendations may involve vitamins and/or nutritional products. Such recommendations are provided for informational purposes only and have not been evaluated or approved by the FDA. Vitamins and nutritional supplements are not intended to diagnose, treat, cure, or prevent any disease or illness.
Once you receive the recommendations, we will provide you with two telehealth calls from one of our telehealth professionals to discuss your report and provide guidance relevant to the health management program.
- Risks and Considerations Regarding Genetic Direction Services
The laboratory may not be able to process your Sample, and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Genetic Direction will reprocess the same Sample at no charge to you.
Genetic Direction Services are for informational and educational use only. We do not provide medical advice. The Genetic Information provided by Genetic Direction is for informational and educational use only and our wellness solution protocols are not meant to provide any medical advice. Consult your physician if you have any medical concerns.
Not all jurisdictions require our Services to be subject to licensure. Therefore, we are not licensed by all state and federal authorities for genetic testing conducted for health wellness purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website or on any related website is inaccurate at any time without prior notice.
- User Representations
By accessing Genetic Direction Services, you agree to, acknowledge, and represent as follows:
- You give permission to Genetic Direction, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Genetic Direction to disclose the results of analyses performed on your DNA to you.
- You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
- You are guaranteeing that any sample you provide is your saliva;
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- Waiver of Property Rights: You understand that by providing any Sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any intellectual property, research or commercial products that may be developed by Genetic Direction or its collaborating partners or contractors. You specifically understand and acknowledge that you will not receive compensation for any research or commercial products that include or result from your Sample, Genetic Information or Self-Reported Information.
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, Genetic Direction 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) to you and you will defend and indemnify Genetic Direction and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- 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 website for 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 Genetic Direction has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Genetic Direction 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. Genetic Direction cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In addition to other prohibitions as set forth in the Terms of Service, you agree that you are prohibited from using our site or our Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Genetic Direction Privacy Statement and Disclosure of Information
You agree to defend and hold Genetic Direction, 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 submission, posting or transmission of information about the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another person or entity.
- Hyperlinks and the Genetic Direction Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Genetic Direction has no control over such sites and resources, you acknowledge and agree that Genetic Direction 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 Genetic Direction 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 your use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
- Genetic Direction‘s Proprietary Rights
You acknowledge and agree that Genetic Direction (or Genetic Direction’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any Sample, intellectual property rights (including but not limited to patents) 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 Genetic Direction and that you shall not disclose such information without Genetic Direction’s prior written consent.
Genetic Direction LLC, Genetic Direction, and other Genetic Direction logos and product and service names are trademarks of Genetic Direction and these marks together with any other Genetic Direction trade names, service marks, logos, domain names, and other distinctive brand features are the “Genetic Direction Brand“. You agree not to display, or use in any manner, Genetic Direction Brand.
- Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENETIC DIRECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENETIC DIRECTION MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENETIC DIRECTION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) GENETIC DIRECTION DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENETIC DIRECTION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE, TRANSMISSION TO THIRD PARTIES OR PARTICIPATION IN THE SERVICES.
- Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENETIC DIRECTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENETIC DIRECTION 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, (c) 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 ABOUT THE SERVICES.
- Refund Policy
You can view our refund policy in its entirety here. Genetic Direction Refund Policy
14. Changes to the Terms of Service
Genetic Direction may make changes to the TOS from time to time by posting updates to this website. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Genetic Direction will treat your use as acceptance of the updated TOS.
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Genetic Direction, enforceable against you in accordance with their terms. You represent that you are at least 18 years of age, of legal age to form a binding contract, and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
These Terms of Service were last updated on July 12, 2018.