Your access or other use of this Site shall constitute your agreement and acceptance without modification of the notices, terms and conditions set forth herein (“Terms & Conditions”). Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. In addition, as a condition of your use of this Site, you represent and warrant to Genetix, LLC that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept (or cannot comply) without modification the notices, terms and conditions set forth herein, do not use this Site. If at any time you cease to agree with these terms and conditions, you must immediately cease using the Site. Certain areas within this Site may be governed by additional terms and conditions (“Additional Terms”) with such Additional Terms identified herein or on the Site. Other than this Agreement, including any Additional Terms, Genetix, LLC will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Use of this Site
All content or materials on this Site, including, but not limited to, images, text, illustrations, designs, icons, photographs, graphics, logos, programs, music clips or downloads, video clips, audio clips, data, software, and all other materials that are part of this Site (collectively, the “Contents”) is owned or licensed by Genetix, LLC or its affiliates. Genetix, LLC grants to you a limited license to access and make use of the Site and its Contents. You may download, order, or copy the Contents and other downloadable materials displayed on the Site for your personal, noncommercial use only and only in any manner permitted in the normal use and operation of the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, ordering or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Genetix, LLC. or its suppliers and protected by U.S. and international copyright laws.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Genetix, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Genetix, LLC on this Site and other than generally available third party web browsers (e.g., Firefox, Internet Explorer, Chrome, Safari). You may not misrepresent your identity, impersonate any other person or entity.
You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Genetix, LLC and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
You agree that any content you may generate or add to or through the Site shall: be true and accurate; will comply with all applicable laws or regulations; not be submitted for any unlawful purpose; not violate the rights of any third party; not cause injury to any person or entity; not contain any profane or obscene content; not contain or be any form of malware, “spam”, or commercial solicitation; and, be in conformity with the Terms & Conditions contained herein. You will solely be responsible for any user generated content and Genetix, LLC assumes not liability for any content submitted by you.
Unlawful or Prohibited Uses of Site
Your use of this must comply with any and all applicable laws and shall not be for any unlawful purpose. You agree that your use or access of this Site shall be in accordance with the limited license granted to you in these Terms & Conditions. You warrant to Genetix, LLC that you shall not use this Site for any purpose that is unlawful or prohibited by these Terms & Conditions. You hereby agree to indemnify Genetix, LLC for any liability which may ensue as a consequence of your unlawful or prohibited use of this Site. The following are examples of prohibited or unlawful use of the Site or its contents: use or attempted commercial use of the Site or any content on the Site; conducting fraudulent activities on the Site; use of the Site to send any unauthorized communications to any third-party; attempting to access the Site and obtain personal information from any other users of the Site; attempts to restrict use or limit access to the Site; downloading or use of any content on the Site for any commercial nonpersonal purpose; use or attempt to use any software, engine, tool, data, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Genetix, LLC or generally publicly available browsers; any duplication of the Site or its contents for any commercial use; any data mining or extraction; any download or storage of Site content, except pursuant to the limited license granted by these Terms & Conditions; use of any meta tags or hidden text using any of Genetix, LLC’s intellectual property; any attempts to tamper with the Site’s use or functionality; any attempts to place any unauthorized advertisement on the Site; any attempt to alter, modify, reverse engineer, disassemble, or otherwise change any portion of the Site; use of the Site to harass, threaten, abuse, defame, stalk or otherwise infringe upon the legal rights of other; any breach or attempted breach of the privacy rights of others; and, the tampering or attempted tampering of these Terms & Conditions or the removal of any copyright, trademark, servicemark, or other proprietary rights notice from the Site.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, forum posts, and other submissions disclosed, submitted or offered to Genetix, LLC on or through this Site, by e-mail, social media, telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Genetix, LLC a royalty-free, irrevocable, transferable right and license to use the Comments however Genetix, LLC desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
Genetix, LLC will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Genetix, LLC. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Genetix, LLC does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Genetix, LLC the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Genetix, LLC and its affiliates for all claims resulting from any Comments you submit. Genetix, LLC and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You agree to defend, indemnify and hold harmless Genetix, LLC and its affiliates, employees, directors, officers, agents, vendors and suppliers from and against any and all claims, damages, liabilities, losses, investigations, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site or any breach by you of this Agreement, including the Terms & Conditions and any user content submitted by you. Genetix, LLC reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Genetix, LLC if and as requested in the defense and settlement of such matter.
Digital Millennium Copyright Act Notice
Procedure for Making and Responding to Claims of Copyright Infringement:
It is the policy of Genetix, LLC to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Genetix, LLC's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Genetix, LLC's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Genetix, LLC's Designated Agent that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Genetix, LLC to locate the material;
Information reasonably sufficient to permit Genetix, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Genetix, LLC’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
By e-mail: firstname.lastname@example.org
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Genetix, LLC shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Genetix, LLC, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to Genetix, LLC’s Designated Agent that includes the following:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Genetix, LLC receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Genetix, LLC has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Genetix, LLC’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Genetix, LLC, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
THIS SITE IS PROVIDED BY GENETIX, LLC AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENETIX, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGMENT. GENETIX, LLC MAKES NO WARRANTIES AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. GENETIX, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED. GENETIX, LLC ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY GENETIX, LLC GENETIX, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTURRUPTED OR ERROR-FREE, THAT EFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. CUSTOMER ACKNOWLEDGES THAT THE USE OF THIS SITE IS AT THE CUSTOMER’S SOLE RISK AND THEY ASSUME FULL RESPONSIBILITY FOR THE USE OF THIS SITE. CUSTOMER ACKNOWLEDGES THAT INFORMATION SENT OR RECEIVED DURING USE OF THIS SITE MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. CUSTOMER AGREES THAT GENETIX, LLC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT MAY RESULT FROM ANY MATERIALS ACCESSED OR DOWNLOADED FROM THIS SITE. THE DISCLAIMERS AS STATED HEREIN SHALL BE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitations on implied warranties are not permitted in some states. Therefore, one of more of the above limitations may not apply to you. You should check your local laws for any restrictions or limitations on limitations of implied warranties.
Postings on this Site are made at such times as Genetix, LLC determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. Genetix, LLC does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
You agree that this Agreement and your use of this Site are governed by the laws of the State of South Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Anderson County, South Carolina, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Genetix, LLC has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
This Agreement represents the complete understanding between you and Genetix, LLC and supersedes all prior agreements and representations between the parties with You agree that Genetix, LLC may at any time and without notice change the terms, conditions and notices under which this Site is offered. Your continued use of this Site shall be construed as an acceptance of any changes to the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Genetix, LLC as a result of this Agreement or your use of this Site. You may not transfer or assign any rights or obligations under this Agreement. Genetix, LLC may transfer or assign its rights and obligations under this Agreement.
Statute of Limitations
You hereby agree that you shall provide Genetix, LLC at least thirty (30) days’ notice of any harm you allege to have suffered as a consequence of using this Site. Before seeking legal recourse for such alleged harm, you agree to give Genetix, LLC at least thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. You acknowledge and agree that this one-year period operates as a statute of limitations for all claims.
ANY HEALTHCARE INFORMATION WHICH MAY BE PROVIDED ON THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT INTENDED TO BE OFFERED AS MEDICAL ADVICE TO YOU IN REGARD TO ANY SPECIFIC CONDITION OR TREATMENT. ANY INFORMATIVE INFORMATION PROVIDED IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE OR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. YOU ARE ENCOURAGED TO DISCUSS ANY MEDICAL ISSUE YOU MAY HAVE WITH YOUR HEALTHCARE PROVIDER. ALWAYS CONSULT WITH A MEDICAL PROFESSIONAL BEFORE TAKING ANY MEDICATION, INCLUDING OVER THE COUNTER MEDICATIONS OR HERBAL SUPPLEMENTS. THIS SITE CANNOT PROVIDE MEDICAL ADVICE AND ONLY YOUR HEALTHCARE PROVIDER CAN PROVIDE YOU WITH DIAGNOSTIC OR TREATMENT INFORMATION REGARDING WHAT IS BEST OR RECOMMENDED FOR YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GENETIX, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GENETIX, LLC.WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GENETIX, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GENETIX, LLC SHALL NOT BE RESPONSIBLE FOR THE ANY ACTS, INCLUDING DEFAMATORY OR ILLEGAL CONDUCT, OF ANY THIRD PARTY ON THIS SITE. THE LIMITATIONS PROVIDED HEREIN SHALL BE TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW.
From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Genetix, LLC of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Genetix, LLC
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
You are hereby provided notice that parental control protections (filtering services, software, and computer hardware) are commercially available and may assist you in limited access to certain materials that may be harmful to minors. Genetix, LLC does not endorse or recommend any specific product or service, however a list of select providers of such products is available at https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Notices and Electronic Communications
All notices for Genetix, LLC, unless explicated stated otherwise, shall be sent to by U.S. mail to Genetix, LLC, Attn: Notices, 201 O Neal Street, Belton SC 29627. Should Genetix, LLC need to send you any notice, you hereby consent to receive any notices or other communications through a general post on the Site, sending an email to the email address you listed in your profile for your account, or, where applicable, mailing a notice to you at your address as provided in your account. Should any notices be required to be sent to you in writing, you hereby agree that all agreements, notices, disclosures and other communications Genetix, LLC provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Any notice sent in accordance with this provision shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of this Agreement, including the Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to Genetix, LLC Attn: Notices, 201 O Neal Street, Belton, SC 29627, or by calling us at (866) 727-6625. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions, comments or concerns regarding Genetix, LLC or your use of the Site, please contact us directly as provided herein with a detailed description. Genetix, LLC values its customers and the visitors to this site.
d/b/a DNA Project Consulting
201 O Neal Street
Belton, SC 29627