Terms & Conditions
Please read the following legal terms & conditions carefully before registering an account or placing an order from Gene By Gene, LTD.
When you create an account or place an order, you provide your acceptance of the following terms and conditions. If you do not agree to all of the terms and conditions, you are not authorized to use this site for any of the genetic testing services offered by Gene By Gene, LTD. Gene By Gene, LTD. reserves the right to revise the these terms and conditions at any time and for any reason. Modifications may be posted on the Gene By Gene, LTD. website, and by continuing to use Gene By Gene, LTD. services any changes are made, you agree to any and all changes made.
The terms and conditions shall be governed by the laws of the State of Texas. The courts of Texas shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these terms and conditions and all services and products offered and performed by Gene By Gene, LTD.
Sample Quality & Testing Requirements
Genetic testing will be performed under the following circumstances:
- The sample requisition form has been completed as required (online or manually).
- Quality, quantity, and concentration of the sample material is in accordance with testing requirements.
- All patient information is concordant in all submission forms and sample collection materials.
Gene By Gene, LTD. is not responsible for the loss of samples sent for testing, samples sent to a wrong address, or damage to sample container during transportation. Gene By Gene, LTD. is entitled to ask for additional sample material if the quality and/or quantity of sample material needed for testing is not in compliance with our sample requirements.
Any sample material sent will be used only to perform the specifically ordered testing. After testing is complete, remaining sample material is stored for 180 days, unless otherwise specified by regulatory agencies. After 3 months, the sample will be discarded or de-identified and retained for in-house laboratory use. If the customer would not like the sample to be de-identified for in-house laboratory use, please contact firstname.lastname@example.org. If a customer requests that Gene By Gene, LTD. stores the sample for a longer period, he/she needs to inform Gene By Gene, LTD. by sending an email to email@example.com and will be responsible for paying the corresponding sample storage fee. If there is not enough sample material for storage or the customer wishes later to perform further testing or analysis on new sample material, Gene By Gene, LTD. is not responsible for differences in the results received. Returning remaining sample material to the customer will be done at the customer’s expense.
Export Control and Applicable Laws & Regulations
By using products or services from Gene By Gene, LTD., you agree that:
- Providing the sample is not subject to any export ban or restriction in the country in which the patient or customer resides;
- Your sample and data may be transferred and/or processed outside the country in which the patient or customer resides;
- That you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which the customer or patient accesses Gene By Gene, LTD. products or services online.
Payment & Refund Policy
Unless alternative written agreements have been made, it is understood that no testing services will be performed by Gene By Gene, LTD. until payment is made for each test in full. All customers understand that if the test fails for reasons for which Gene By Gene, LTD. is not at fault, Gene By Gene, LTD. may offer to send the customer(s) additional collection kits to perform additional testing at a reduced charge. If the customer(s) decline this option, the customer(s) will not be entitled to a refund of the amount paid to Gene By Gene, LTD. Once the sample has been received, no refunds will be provided or processed. The customer will be contact if any quality issues arise to discuss details and determine appropriate next steps to continue testing as efficiently as possible.
You acknowledge that Gene By Gene, LTD. may offer different or additional technologies and/or features to process samples and/or deliver results in the future. You understand that your initial purchase of products or services does not entitle you to any different and/or additional technologies, features, or updates of results.
By registering an account or placing an order, you agree and understand that any reported turnaround times are estimated, and in rare cases, results may become available before or after the reported time frame. Gene By Gene, LTD. is not responsible for refunds, discounts, or any additional measures for test results that are not available within the initially reported turnaround time frame.
You agree to defend and hold Gene By Gene, LTD., and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information you submit, misuse of the results delivered to you, violation of these terms and conditions, or your violation of any rights of another party. If you choose to provide your results and personal information to third parties, whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold harmless Gene By Gene, LTD., and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees from any and all liability arising from such disclosure or use.
Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that Gene By Gene, LTD. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gene By Gene, LTD. has been advised of the possibility of such damages), resulting from a) the use or inability to use provided products or services; b) any action you take based on the information received through provided products or 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 provided products or 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 on the services.
Privacy & Security
Gene By Gene, LTD. will handle all sample specimens in compliance with all applicable laws and regulations. All data received from the customer and data generated will be created, stored, and transferred according to HIPAA guidelines. The customer understands that Gene By Gene, LTD. is not responsible for misuse, mishandling, or misrepresentation of this data by the customer or other third parties who have been given rightful access to the aforementioned data or materials.
The terms and conditions set forth in this document constitute the entire agreement between you and Gene By Gene, LTD. and govern your use of the products or services, superseding any prior agreements between you and Gene By Gene, LTD. on this subject. You may also be subject to additional terms and conditions that apply when specific products or services are ordered.
The failure of Gene By Gene, LTD. to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such rights or provisions. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.
Terms for Cause of Action
Limitation of Liability
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of products, services, or terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.
If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
Gene By Gene Name and Trademark
Gene By Gene, LTD., and other Gene By Gene logos, product names, and service names are trademarks of Gene By Gene, LTD. and these marks together with any other Gene By Gene, LTD. trade names, service marks, logos, domain names, and other distinctive brand features are the “Gene By Gene Marks”. No party has the right to use any Gene By Gene Marks without expressed written consent from Gene By Gene, LTD. All customers agree that when using a product or service, they will not use any trademark, service mark, trade name, or logo, of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Links to Gene By Gene Website
Gene By Gene, LTD. is not responsible for third party websites or materials that offer links to GeneByGene.com, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available in such sites or materials. You further acknowledge and agree that Gene By Gene, LTD. 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 use of or reliance on any such content and information provided by those websites.