Terms of Service
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH TIRANOFF PRODUCTIONS, LLC ("GENETICALENS"), and WELLCHILDLENS.COM.
Modifications to this Agreement
GeneticaLens may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of GeneticaLens by e-mail at email@example.com.
Web Site Intended Audience
This Web Site is operated by GeneticaLens from its offices in the United States and is directed to users in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.
Your Use of Content and Information -- Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, sound, photographs, videos, data, and other materials ("Content") may be available on the Web Site. Some of the Content is provided by GeneticaLens or its suppliers, and other Content may be provided by persons who use the Web Site ("Users"), such as User posts to chat rooms or discussion forums. While GeneticaLens strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, GeneticaLens cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by GeneticaLens or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, are those of the respective User or other third party and not of GeneticaLens. GeneticaLens does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Web Site.
GeneticaLens does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. Notwithstanding the foregoing, GeneticaLens will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GENETICALENS NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to GeneticaLens that such content is not confidential and that you have all necessary permission to submit, post, and otherwise make available such Content. GeneticaLens makes no claims to ownership of Content that you submit, post, or otherwise make available to or through the Web Site. You continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to GeneticaLens and any affiliate or assignee a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
- with respect to Content other than photos, graphics, audio, video, or journals that you submit, post, or otherwise make available to public areas of the Web Site (e.g., not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or journals that you submit, post, or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.
You agree that you will comply with all applicable laws, ordinances and regulations as well as this Agreement.
Ownership and Intellectual Property Rights
This Web Site is owned by GeneticaLens. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of GeneticaLens or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. No Content may be downloaded, copied, stored, transmitted, altered, edited, distributed or used without the express written consent of GeneticaLens.
License to Use Content
GeneticaLens grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of GeneticaLens. All rights not expressly granted in this Agreement are expressly reserved to GeneticaLens. You may not download or copy any Content for use of another; nor may you use data mining, robots, or similar data gathering and extraction tools to copy Content from the Web Site. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GeneticaLens. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GeneticaLens without express written consent. Any unauthorized use terminates the permission or license granted by GeneticaLens. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WellChildLens.com so long as the link does not portray GeneticaLens or WellChildLens.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by GeneticaLens or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by GeneticaLens or its affiliates without our prior written consent.
Your Contact With Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. Links to third parties are provided solely as a convenience to Users and should not be construed as an endorsement by GeneticaLens of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
GeneticaLens does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that GeneticaLens will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Additional Terms and Conditions Relating to the iM-CHAT
The iM-CHAT is a general educational aid. Do not rely on this information as a substitute for personal medical or healthcare advice, or for diagnosis or treatment purposes. Always consult your physician or other qualified healthcare provider as soon as possible about any medical or health-related question. GeneticaLens makes no representation or warranty regarding the completeness or accuracy of the information on the Web Site. GeneticaLens disclaims any liability or responsibility for the misuse of the iM-CHAT, or for a false positive or false negative test result. GeneticaLens provides users who receive a positive iM-CHAT result with contact information for a third party hotline and GeneticaLens makes no representations or assurances regarding said third party.
Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENETICALENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
GENETICALENS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GENETICALENS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, GENETICALENS, ITS AFFILIATES AND ASSIGNS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY MISSING OR INCORRECT INFORMATION ON THE WEB SITE; ANY MISUSE OF ANY OF THE TOOLS OR INFORMATION PROVIDED BY GENETICALENS; AND/OR FOR ANY MALICIOUS SOFTWARE OR CODE PLACED ON THE WEB SITE BY THIRD PARTIES; FOR LOST OR STOLEN DATA.
Limitations of Liability
GENETICALENS AND ITS AFFILIATES AND/OR ASSIGNEES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT GENETICALENS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL GENETICALENS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT GENETICALENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless GeneticaLens, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
Complaints Regarding Content
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WellChildLens.com's copyright agent the written information specified below by email and by mail:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Amazon.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
The Law Office of Anthony N. Elia, P.C.
325 Broadway, Suite 201
New York, New York 10007
Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.
You are responsible for maintaining the confidentiality of any passwords associated with your GeneticaLens account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).
Modification or Suspension of the Web Site
GeneticaLens may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding between GeneticaLens and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in the City, County, and State of New York, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.