Evinome, LLC (“Evinome”) operates several web sites and services including, but not limited to, evinome.com, brcascoop.com, genomicmedpro.com, cancerandyourgenes.com, and dnaandyou.org (“Websites”). Additionally, Evinome may provide services and/or products (“Services”). By using any of these Websites (including any of their subdomains) or Services, you are agreeing to be bound by the following terms and conditions (“Terms and Conditions”, “Agreement”).
These Terms and Conditions incorporate the Evinome Privacy Policy, posted at our Websites, as well as the terms of any subscriber agreement that may exist between you and Evinome. If there is any conflict between these Terms and Conditions and a subscriber agreement that you may have with Evinome, the terms of your subscriber agreement will control your use of the Websites.
Please read these Terms and Conditions carefully. If you do not agree with the Terms and Conditions, please do not use the Websites. Evinome reserves the right to revise and update the Terms and Conditions from time to time. Your continued usage of any of the Websites or Services of Evinome will indicate your acceptance of any changes in the Terms and Conditions.
Evinome and the Websites are for Informational and Educational Purposes Only and Do Not Provide Medical Advice
The content at the Websites (including, but not limited to, text, graphics, images, any information obtained from Evinome’s licensors and any other material (“Content”) is for informational and educational purposes only. The Content is not intended to be a substitute for a personal consultation with a qualified medical professional near you. Evinome does not provide medical advice, diagnosis, or treatment. Furthermore, Evinome and its Websites do not guarantee that the content covers all possible uses, precautions, adverse effects, drug interactions, or directions associated with any therapeutic treatments that may be discussed in an informational and educational fashion. Content from the Websites or Services may be useful to support discussions and shared decision-making between you and your qualified medical provider; however, you should always discuss information from Evinome with your qualified medical provider and not rely on the application of information from Evinome Websites or Services and Products as being applicable to your specific circumstances.
If you think that you may have a medical emergency, you should – of course – call 9-1-1 immediately.
Nothing stated or posted on the Websites or available through any Services is intended to be, and must not be taken to be, the practice of medical or counseling care. Although we hope that the Content can help support quality shared decision-making between you and your physician(s), you should always seek the advice of your physician or other qualified healthcare provider with any questions that you may have concerning a medical condition. You should not disregard professional medical advice or delay seeking it because of Content on one or more of Evinome’s Websites.
Your access or use of the Websites or Services of Evinome does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors.
Evinome does not recommend or endorse any specific tests, physicians, procedures, products, or other information presented on any of the Websites. Reliance on any information provided by Evinome, Evinome’s employees, or others appearing on the Websites at our invitation, or other visitors to the site is solely at your own risk.
Use of Services and Prohibited Activities
You acknowledge and agree that the Websites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Evinome, its Licensors or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use only.
The Websites are not intended for children under the age of 13, and children under the age of 13 should not use the Websites or Services. If you are older than 13 but under the age of 18, you should review these terms of use with your parent or guardian.
In connection with your use of any of Evinome’s Websites or Services, you acknowledge and agree that you will not:
1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Websites or Services;
2. Access the Websites or Services by any means other than through the standard industry-accepted or Evinome-provided interfaces;
3. Post or transmit any material that contains a virus or corrupted data;
4. Delete any author attributions, legal notices or proprietary designations or labels;
5. Violate any applicable local, state, national or international law, rule or regulation or use the Websites and/or the Services for any purpose that is prohibited by these Terms and Conditions;
6. Manipulate or otherwise display the Websites and/or the Services by using framing or similar navigational technology;
7. Register, subscribe or unsubscribe any party for any Evinome Website or Service if you are not expressly authorized by such party to do so;
8. Use the Websites or Services in any manner that could damage, disable, overburden or impair Evinome’s, or its supplier’s, servers or networks, or interfere with any other user’s use and enjoyment of the Websites and/or Services;
9. Gain or attempt to gain unauthorized access to any of the Websites, Services, accounts, computer systems or networks connected to Evinome or its suppliers or licensors through hacking, password mining, or any other means;
10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or the Services or harvest or otherwise collect information about other users without their consent.
Allowed Uses of Subscription Services
Certain Evinome subscription-based products (“Subscription Services”) may not necessarily be freely sharable. Any such terms will be found in the subscription agreement associated with those Subscription Services, which is incorporated by reference into these Terms and Conditions.
Users may never resell any of Evinome’s Content – subscription or otherwise – without express written permission.
Commenting and Posting Guidelines (“Posting Guidelines”)
You agree to comply with our Posting Guidelines.
Evinome allows commenting on some Websites and may host message boards and chat forums in the future. These are intended to serve as discussion centers for users and subscribers. These may be public forums and, therefore, any of the information that you post on the Websites may be seen by anyone on the internet. When posting items on the Websites, please use good taste when discussing sensitive topics and always treat others with respect. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities noted above, when posting information and media on the Websites, you must not:
1. Post or transmit any message, information, text, data, software, link, image or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or otherwise objectionable or which may invade another person’s right of privacy or publicity;
2. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise post content that does not belong to you;
3. Impersonate any person or entity or otherwise misrepresent your affiliation with such a person or entity;
4. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. Post or upload personal information, pictures, videos or any other media of another person without their express permission;
6. Delete or revise any material posted by any other person or entity; or
7. Post or upload any content or information unless it is your own work or creation or you have acquired any necessary license, authorization or permission needed to post or upload such information or content.
Any user failing to comply with these guidelines may be expelled from and refused continued access to any message boards, chat forums or other public forums in the future.
Evinome or its designated agents may remove or alter any user-created content at any time and for any reason at our own discretion. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
Evinome and its licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Evinome, its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Evinome, its Licensors or any of their subsidiaries or affiliates. Evinome and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
By sending or transmitting to us content, images, audio files, video, creative suggestions, ideas, concepts, notes, or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Websites, you hereby grant to us and our designees a worldwide, non-exclusive sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, distribute, reproduce, modify, create derivative works of, publicly perform, digitally perform, publicly display, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Evinome shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow Evinome’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
Commercial Transactions
Certain products or services may be offered for sale on the Websites or via the Services. In the event you wish to purchase or to subscribe to any of these Services, you will be asked by Evinome or an authorized third party to supply certain information, including your full name, address, e-mail address, telephone number, and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Services. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
By providing Evinome or an authorized third party with your credit card number and associated payment information, you agree that Evinome, and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to subscription fees, service fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third party service provider) may automatically invoice your account at the beginning of each recurring period. We will specifically and clearly inform you at the time of sign-up in the event that the Services require a recurring payment arrangement.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Evinome (or our third party service provider) of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to terminate your access and account.
To review the billing terms on your account or to terminate a subscription service, you may e-mail us at info@evinome.com or call (888)542-0846, Monday through Friday, 9 a.m. to 5 p.m. Pacific Time.
Indemnification
You agree to defend, indemnify, and hold Evinome, its officers, directors, agents, employees, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Liability of Evinome and Its Licensors
The use of the Evinome Websites and the Content is at your own risk.
As with most internet interactions and procedures, when using the Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of Evinome and its suppliers. Accordingly, Evinome assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of any of the Websites.
The Websites, the Content and any Services are provided on an “as is” basis. EVINOME, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Evinome, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, text, graphics, links, software, or communications provided on or through the use of the Evinome Websites or Evinome.
In no event shall Evinome, its licensors, its suppliers, or any third parties mentioned on any Evinome Websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Evinome Websites, Content or Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Evinome, its licensors, its suppliers, or any third parties mentioned on any Evinome Websites are advised of the possibility of such damages. Evinome, its licensors, its suppliers, or any third parties mentioned on the Evinome Websites shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Evinome, its licensors, its suppliers, or any third parties mentioned on the Evinome Websites are not liable for any personal injury, including death, caused by your use (or misuse) of the Websites, Content, or Services. Any claims arising in connection with your use of the Websites, any Content, or Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Links to Other Materials
Some links from Evinome’s Websites go to other websites owned by third parties that are beyond Evinome’s control. These links are provided for your convenience only, and Evinome is not responsible for content at any linked site. Evinome reserves the right to discontinue or terminate any link at any time.
Applicable Law
This Agreement and the resolution of any related dispute shall be governed by the the laws of California. Any legal action or proceeding related to this Agreement and between you and Evinome shall be brought exclusively in the County of Santa Clara, State of California.
Notice and Takedown Procedures and Copyright Policy
If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of these materials (or access thereto) from this website by contacting Evinome’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work. Where possible, include a copy or the location (URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, telephone number, address, and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Evinome’s agent for copyright issues relating to the Websites is:
Evinome, LLC
Attn: Copyright Agent
203 Addison Avenue
Palo Alto, CA 94301
info@evinome.com
Or call: 888.542.0846
In an effort to protect the rights of copyright owners, Evinome is developing a policy for the termination, in appropriate circumstances, of users and subscribers of the Site who are repeat infringers.
Trademarks
“Evinome” and “BRCAscoop” are trademarks of Evinome.
General Legal Information
Evinome is based in Palo Alto, California, in the United States of America. Evinome makes no claims that Evinome or its Websites and/or Services are appropriate or may be downloaded outside of the United States. Access to the Websites, Content, and/or Services may not be legal by certain persons or in certain countries. If you access the Websites, the information contained therein or any of Evinome’s Services (including subscription-based products) from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any part of this agreement shall be held to be unenforceable or invalid, the remaining portions shall remain in full force and effect.
Version 1.02
Last modified: January 19, 2012