Legal

Last updated April 10, 2018

Thank you for visiting ambrygen.com, an Ambry Genetics Corporation website (the “Website”). For purposes of these Terms & Conditions, references to "Ambry Genetics," “Ambry,” “we,” "our," and "us" means Ambry Genetics Corporation.

THESE TERMS AND CONDITIONS GOVERN YOUR RIGHTS AND RESPONSIBILITIES WITH REGARD TO THE USE OF (1) THIS WEBSITE AND ANY AND ALL INFORMATION, COMMUNICATIONS, SOFTWARE, PHOTOS, TEXT, VIDEO, GRAPHICS, MUSIC, SOUNDS, IMAGES AND OTHER INFORMATION MADE AVAILABLE ON IT (“CONTENT”) AND (2) ONLINE SERVICES AVAILABLE ON AMBRYGEN.COM (COLLECTIVELY, THE “SERVICES”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SERVICES. BY ACCESSING THE SERVICES, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AS APPLICABLE, ACKNOWLEDGE THAT:

  1. YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS BELOW;
  2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW;
  3. WE MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED TERMS AND CONDITIONS ON THIS WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND YOUR ACCESSING OR USING THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS IT APPEARS AT THE TIME OF YOUR ACCESS OR USE;
  4. THE TERMS AND CONDITIONS BELOW ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND AMBRY; AND
  5. IF ACCESSING THE SERVICES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND THE ENTITY TO ALL OF THE TERMS AND CONDITIONS BELOW.

IF YOU DO NOT WISH TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Certain additional terms applicable to your use of specific services are located below, including the following:

Privacy
Ambry is committed to protecting the privacy of all users of the Services. We have published a Privacy Policy and a Cookie Policy, which together explain in detail our online information practices and the choices you, as a visitor, can make about the way your information is collected and used when using or accessing the Website or Services. You may review both policies by clicking on the above links.

Geographic Restrictions
Ambry is a corporation based in the state of California in the United States. Ambry makes no representation that the Website, or the Content or services available through the Website, are appropriate or accessible outside of the United States or in all locations. Access to the Website or Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws from your home nation, and the country, state and city in which you are present while using the Website or Services.

Ambry, this Website, and our Services, are based in the United States and, regardless of where you access our Website or Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using this Website or any Service, you consent to this collection, transfer, storage, and processing of information to and in the United States.

No Medical Advice
The Content available through this Website and the Services is provided as a public service by Ambry Genetics Corporation. It is posted for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Services. Nothing contained in the Content or Services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and the Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the Services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. Ambry does not recommend or endorse any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through the Services. Reliance on any information provided by Ambry, employees of Ambry, or other users of the Services is solely at your own risk.

No Warranty
Ambry makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the Website or Services. Although we make reasonable efforts to include accurate and up-to-date materials in the Services, any information presented in the Services as of a particular date may only be accurate as of such date and Ambry disclaims any responsibility to update such information; however, Ambry reserves the right to make changes to the content of the Services from time to time without notice or obligation. You are responsible for verifying any information before relying on information contained in the Services. Ambry makes no representations or warranties that use of the Services will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Services is free of viruses. THE INFORMATION AVAILABLE THROUGH THE SERVICES IS PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. AMBRY HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION AVAILABLE THROUGH THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL, WRITTEN, OR IN OTHER FORM.

Online Application For Employment
If you are applying online for employment, Ambry may ask for voluntary self-identification information. Completion of this information is voluntary and is not a requirement of employment. This information will in no way affect the decision regarding your employment application. This information will be kept confidential and maintained separate from your application for employment. We hope that you will complete this information to assist us in recording data for statistical reports that we are obligated to file periodically with various government agencies. Additionally, Ambry will ask for your education background, which is a requirement for the application process. Finally, the online application process will allow you an opportunity to post your current resume in text form or via an attachment. The information submitted is for our own recruitment use. Ambry does not sell the information you provide at this Website to any third party. Ambry and/or the companies that we hire will use this information to comply with your request for potential employment. Ambry is an equal opportunity employer.

Feedback Information
We, at Ambry will continue to add and enhance the Services. Your feedback and comments regarding our company, products, and services are valuable to us. The online inquiry form facilitates all site feedback, which is located in the Contact Us section of this Website. E-mails submitted to Ambry through this Website are not secure.

Note to Parents
The Services are directed at an adult audience and are not intended or designed for children under the age of 18. We do not knowingly collect information from children. By using this Website, you confirm that you are over the age of 18. If you are under the age of 18, you should get assistance of a parent or a guardian to use this site.

Termination of Use
We may, at our sole discretion, terminate your account or your use of this Website at any time. We reserve the right to change, suspend, or discontinue any and all aspects of the Website at any time without prior notice. We will not be liable to you or any third party if for any reason all or any part of the Website is unavailable at any time or for any period.

Prohibited Conduct
You are prohibited from violating or attempting to circumvent the security of the Website and Services. You agree not to:

  • Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Website.
  • Access data not intended for users or log into a server or account which you are not authorized to access.
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services are stored, or any server, computer, or database connected to the Website or Services.
  • Use any device, software or routine that interferes with the proper working of the Website or Services or with service to any user, host or network.
  • Introduce any viruses, Trojan horses, worms, software, logic bombs or other material which is malicious or technologically harmful.
  • Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Forge any TCP/IP packet header or any part of the header information in any email or posting.
  • Use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl," or "spider" any Content contained on the Website or Services.
  • Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Website or Services.
  • Impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Ambry or any other party on or through the Services.
  • Use the Services to disclose or obtain another person’s personal information, or collect information about users of the Services.
  • Use the Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Ambry.
  • Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, gender identity, or any other statutorily protected status.
  • Violate any applicable laws or regulations or these Terms & Conditions.
  • Otherwise attempt to interfere with the proper working of the Website or Services.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve violations of system or network security and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in these violations.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AMBRY AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS AND OTHER REPRESENTATIVES (COLLECTIVELY, “AMBRY PARTIES”) DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR THE SERVICES, EVEN IF AMBRY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES, ANY WEBSITE LINKED TO THE WEBSITE OR SERVICES, ANY CONTENT ON THE WEBSITE OR SERVICES, OR SUCH OTHER WEBSITES LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SERVICES, OR SUCH OTHER WEBSITES; (b) 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 WEBSITE OR SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

In the event you have any dispute with one or more third party as a result of your use of the Website or Services, or are in any way damaged as a result of any third party in connection therewith, you hereby release Ambry Parties from and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the Ambry Parties for any Damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.

Advertisements and Promotions
Ambry may run advertisements and promotions from third parties on the Website or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Ambry found on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Ambry is not responsible or liable for any Damages of any sort arising from or relating to any such dealings or as the result of the presence of such non-Ambry advertisements or promotions on the Website or Services. Advertisers on the Ambry Website and Services may collect information from you while you are using our Website or Services in accordance with the terms of our Privacy Policy. However, advertisements may link to third party websites, over which Ambry has no control or responsibility.

Intellectual Property
All Content made available through the Website and Services are the property of Ambry, unless otherwise indicated, and are protected by copyright, trademark, and other intellectual property laws. Ambry enforces its intellectual property rights to the fullest extent permitted by law. The Content may not be distributed, downloaded, modified, reused, reposted, or otherwise used, except that you may view, use, and download a single copy of this Website for your informational, non-commercial use. Except as provided herein, no Content may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may you redistribute the Content, incorporate the Content into your own site or written materials, or create derivative works for any purpose, without the prior written permission of Ambry.

Indemnification
You agree to indemnify, defend, and hold Ambry and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms & Conditions; or (ii) your activities with respect to the Services.

Arbitration and Class Action Waiver
REVIEW THIS SECTION CAREFULLY. IT LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT, YOUR RIGHT TO HAVE A JURY DECIDE CERTAIN CLAIMS, AND YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS. YOU UNDERSTAND THAT BY USING AND/OR BECOMING A REGISTERED USER OF THE WEBSITE OR SERVICES, YOU CONSENT AND CHOOSE TO HAVE SUCH CLAIMS SUBMITTED TO BINDING ARBITRATION. YOU UNDERSTAND THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

A. Mandatory Arbitration of Certain Claims

You agree that, except as otherwise set forth in this Section, all Claims (defined as any dispute or controversy arising out of or relating to these Terms and Conditions, your use of or inability to use the Website, Content or Services, except the following types of disputes and controversies: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Ambry’s intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim within the jurisdictional limits of the small claims courts) shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Rules in effect at the time the Claim is filed (“AAA Rules”). Each Claim shall be submitted to a single arbitrator selected through mutual agreement of the parties. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. Except as otherwise indicated in these Terms and Conditions, the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, and/or enforceability of these Terms and Conditions and any terms or documents incorporated herein, including any claim that all or any part of these Terms and Conditions are void or voidable. The arbitration proceedings shall be held in Orange County, California and shall be subject to these Terms and Conditions and the laws of the State of California, United States, without regard to conflicts of law provisions thereof. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action (as defined below) nor make an award to any person or entity not a party to the arbitration. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Before you take a dispute to arbitration or to small claims court, you must first contact us in writing and describe (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought and give us an opportunity to resolve the dispute. Similarly, before Ambry takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and Ambry do not reach an agreement to resolve the claim within sixty (60) days from the date such notification is provided, you or Ambry may commence an arbitration proceeding.

If Ambry prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then Ambry may seek to recover the AAA’s fees and expenses of the arbitrator from you.

B. Class Action Waiver

Each of you and Ambry expressly agree that any Claim(s) must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You and Ambry expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section. Notwithstanding any other provision of these Terms and Conditions to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Section is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Links to Third-Party Services
The Website and Services may contain links to other sites, applications, and resources provided by third parties or references to specific medical professionals by name, address, or affiliation. You acknowledge and agree that (a) Ambry is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) Ambry does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations.

Governing Law & Venue
You agree that any dispute relating to the Services will be resolved according to the laws of the State of California, without regard to conflict of law rules. You agree that the courts of the State of California have exclusive jurisdiction over any legal proceedings arising out of or related to your use of the Services. If you are accessing the Services from any location with regulations or laws governing personal data collection, use, or disclosure that differ from United States laws or regulations, please note that you are transferring personal information to the United States and you consent to that transfer and to the collection and processing of such information in the United States.

Equitable Relief
You agree that any material breach of these terms and conditions will result in irreparable harm to Ambry for which damages would be an inadequate remedy, and therefore, in addition to its rights and remedies otherwise available at law, Ambry will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Ambry seeks such an injunction.

Severability
If any part of the Terms & Conditions is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms & Conditions, which will continue to be in full force and effect.

Entire Agreement
You acknowledge that these Terms & Conditions represent the entire agreement between you and Ambry with respect to the Services, and that no other representations or promises, verbal or otherwise, will affect these Terms & Conditions.

Contact Information
If you have any questions about this Website or the Services, please contact us at info@ambrygen.com.

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