Your Agreement with TapGenes. Your use of TapGenes is governed by this agreement. TapGenes means TapGenes, INC.
NOT MEDICAL ADVICE
TapGenes does not offer medical advice. Any content accessed through TapGenes is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed throughTapGenes. Call 911 or your doctor for all medical emergencies.
YOUR ACCOUNT AND USE OF TAPGENES
You must provide accurate and complete registration information any time you register to use TapGenes. You are responsible for the security of your passwords and for any use of your account. You must immediately notify TapGenes of any unauthorized use of your password or account by sending an email support@tapgenes.com
Your use of TapGenes and any content accessed through TapGenes must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use TapGenes.
You may not access TapGenes other than by the interfaces provided by TapGenes or interfere with or disrupt the proper operation of TapGenes.
USE OF YOUR INFORMATION
If you create, transmit, or display health or other information while using TapGenes, you may provide only information that you own or have the right to use. When you provide your information through TapGenes, you give TapGenes a license to use and distribute it in connection with TapGenes and other TapGenes services. However, TapGenes may only use and transmit to third parties any health information you provide as directed by you, as described in the TapGenes Privacy Policy, as described in your Sharing Authorization, or as permitted or required by applicable law. TapGenes is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). As such, HIPAA does not apply to the transmission of health information to any third party.
ADDITIONAL TERMS
Your use of TapGenes and any content accessed through TapGenes is subject to each of the additional terms provided in connection with TapGenes, including the TapGenes Privacy Policy and the TapGenes Legal Notices.
CONTENT AND SERVICES ACCESSED THROUGH TAPGENES
TapGenes may include content that you find offensive, including health-related content that is sexually explicit.
TapGenes may make third-party services available through TapGenes. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
TapGenes may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. TapGenes further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through TapGenes.
USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. TAPGENES MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are TapGenes’ “Licensors”.
TAPGENES PROPRIETARY RIGHTS
TapGenes and its Licensors own all proprietary rights to TapGenes. TapGenes gives you a personal, revocable, non-assignable, and non-exclusive license to use TapGenes.
MODIFICATION AND TERMINATION OF TAPGENES
TapGenes may place limits on, modify, suspend or terminate TapGenes generally, and may suspend or terminate your use of TapGenes if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.
CHANGES TO THIS AGREEMENT
TapGenes may change this agreement and will post the modified agreement on its website www.tapgenes.com. If you do not agree to the modified agreement, you should stop using TapGenes. Your continued use of TapGenes after the date the modified agreement is posted will constitute your acceptance of the modified agreement.
INDEMNIFICATION
You will defend or settle any third-party claim against TapGenes, any third party TapGenes feature providers, or any of TapGenes’ other licensors arising out of or related to your use of TapGenes
EXCLUSION OF WARRANTIES
NEITHER TAPGENES NOR ANY OF TAPGENES’ LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TAPGENES NOR ANY OF TAPGENES’ LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN TAPGENES IHR SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN TAPGENES IHR IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER TAPGENES NOR ANY OF TAPGENES’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
LIMITATION OF LIABILITY
NEITHER YOU NOR TapGenes OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER YOU NOR TapGenes OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.
GENERAL LEGAL TERMS
If you have not signed a separate written agreement with TapGenes, this agreement is the entire agreement between you and TapGenes related to TapGenes Software, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and TapGenes related to TapGenes Software, the signed written agreement will control.
TapGenes Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
If TapGenes provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
REV: February 29, 2016