HairDX - Genetic Test for Hair Loss

General Terms of Service Agreement

HairDX, LLC (the “Provider”) provides persons visiting (“Visitors”) its website at www.hairdx.com (the “Website”) with information concerning the effects of genetics on conditions leading to hair loss and the potential treatments thereof (the “Focus”). The Website is also intended for use by registered subscribers of Provider (“Subscribers”) to request and process genetic analysis and other services related to the Focus (the “Service”) and to receive and review reports that may be provided as part of the Service (“Reports”).

THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR USE OF THE WEBSITE BY BOTH VISITORS AND SUBSCRIBERS. ANY ACCESS OR USE OF THE WEBSITE, THE SERVICE OR THE REPORTS SHALL CONSTITUTE: (i) THE VISITOR’S OR SUBSCRIBER’S ACKNOWLEDGEMENT THAT THEY HAVE REVIEWED THESE TERMS; AND (ii) THE VISITOR’S OR SUBSCRIBER’S AGREEMENT AND CONSENT TO ALL OF THESE TERMS.

THE INFORMATION CONTAINED ON THIS WEBSITE AND PROVIDED AS PART OF THE SERVICE AND IN THE REPORTS IS NOT MEDICAL ADVICE AND SHOULD NOT BE USED BY VISITORS OR SUBSCRIBERS TO MAKE MEDICAL DECISIONS OR DECISIONS AFFECTING THEIR HEALTH. VISITORS AND SUBSCRIBERS WITH QUESTIONS CONCERNING MEDICAL DECISIONS RELATED TO THE FOCUS SHOULD CONSULT MEDICAL PROFESSIONALS.

Terms and Conditions Applicable to Visitors

1. Limited Access. By accessing the Website you warrant that:

You are eighteen (18) years of age and have all necessary legal capacity under the laws of the state of your residence to enter this Service Agreement;
All information that you provide is true and correct and the information contained in the Website, the Service and Reports (the “HairDX Information”) will be used for lawful purposes only and will not be used for any commercial purpose or to discriminate against, harm, harass, cause emotional distress to or abuse other people
HairDX will not be responsible for any use or misuse of HairDX Information contained in the Website or information that you provide to HairDX.

2. Prohibited Acts. By accessing the Website you agree that:

You may not copy, republish or distribute any HairDX Information, Reports or Website content.
You may not deface, modify, hack or post information on the Website except in places provided therefore.
If requested by HairDX, you will cease accessing the Website.
You agree to defend, indemnify, and hold HairDX, its officers, directors, employees, and agents 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 this Service Agreement or your use of the Service.

Terms and Conditions Applicable to Subscribers

1. Nature of Services

The HairDX.com Service provides an analysis service of several locations in your genome.
This Service can be used to learn what your DNA says about your body --traits such as potential hair loss-- as well as whether you may have genetic variants that have been associated with higher or lower than average risk of pattern baldness.
The Service also lets you take advantage of current scientific knowledge about hair loss.

2. Conditions to Service

By creating a HairDX Genetic Analysis Service Account and submitting any collection sample, you warrant:

You are eighteen (18) years of age and have all necessary legal capacity under the laws of the state of your residence to enter this Service Agreement;
All information that you provide is true and correct and HairDX Information will be used for lawful purposes only and will not be used for any commercial purpose or to discriminate against, harm, harass, cause emotional distress to or abuse other people
All information generated from the Service will be used for lawful purposes only and will not be used for any business or commercial enterprise or in connection with legal disputes or to discriminate against, harm, harass, cause emotional distress to or abuse other people
HairDX will not be responsible for any use or misuse of information generated from the Service or any other information provided by HairDX to you or any information you provide to HairDX.
You have the right to take and submit such sample to HairDX, and you do so freely and of your own will;
You authorize HairDX to process the sample and perform a genetic analysis on the sample
The sample submitted is your personal sample or you have full authority of the owner or subject of the sample to submit the sample for processing.
You have complied with HairDX's sample collection instructions.
You authorize HairDX to release HairDX Information and Reports about you to your medical professionals and/or organizations that referred you to HairDX.
You authorize HairDX to retain your buccal swab sample(s) and HairDX Information and Reports about you and to offer you additional services related thereto.
You agree to defend, indemnify, and hold HairDX, its officers, directors, employees, and agents 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 this Service Agreement or your use of the Service.

3. Service Procedures

To use HairDX's personalized Service, you must submit a buccal swab sample to HairDX for HairDX to perform the Service on DNA purified from your sample. A buccal swab is simply a small sample of cells taken by scraping the inside of your mouth, on an absorbent base. You will receive further instructions with the kit on how to use this.
We do not accept any returns. There will be no exceptions even for unused sample collection kits.
You will not be entitled to any refund even if you did not use the sample collection kit we sent you.
Once we ship the sample collection kit to you, you will not be able to cancel your order.
HairDX is not responsible for the authenticity of the samples provided for the HairDX services and is not responsible for lost, misdirected, or damaged mail containing samples.
HairDX will notify you through e-mail and messages at the HairDX website once the laboratory processing on your sample is finished.
Processing of the samples typically takes 3-4 weeks after their arrival at HairDX laboratory. Our laboratory will make all reasonable efforts to process the samples within this time frame, but does not guarantee a specific turnaround time.
You will receive an email when the samples have been processed.
The sample and the DNA extracted from the sample will be stored at the discretion of HairDX so HairDX could provide you with future services, if and when they become available. Unless you cancel your account, HairDX plans to retain the Service data permanently.
If the Service is unsuccessful because of HairDX's error, HairDX will notify you and allow you to reorder a Service, with a new buccal swab kit, at no additional cost.
Sometimes the Service is unsuccessful even though you and HairDX did everything correctly. When this happens it is usually because the sample did not yield enough DNA or the DNA that it yielded was not pure enough. In these cases HairDX will provide you with one additional sample collection kit, at no additional cost. Subsequent reorders of the Service, due to such problems will only be processed at an additional charge of $49.
If you do not comply with the sample collection instructions and reprocessing is required, you are required to pay an additional fee of $49.
HairDX may refuse to begin or complete a genetic analysis Service for any person for any reason or no reason, and in such cases will refund all amounts paid unless the reason for HairDX's refusal was your failure to follow HairDX's instructions, your breach of this Service Agreement, or any other act or omission by you.

4. User Accounts

Each Subscriber account must be designated by a unique username and password. You may select any username and password at will, but HairDX reserves the right to reject a particular proposed username and/or password for any reason, including conflict with a prior user. To access any Subscriber account, the password specified by the corresponding account owner must be provided.
Your Subscriber account will include your username, password and other information provided by you as well as various options that you have elected on the HairDX.com website regarding handling and sharing of information, communications and other matters,. These are called your "Settings."
HairDX may modify specifications for passwords from time to time, in which case you will be notified if you need to change to a new password.
It is your sole responsibility to assure the privacy and security of your email account and access point.
The safety and secrecy of your password, and thereby your ability to access your account, is your own responsibility. Steps you should take include (i) monitoring and controlling access to and use of your account and password so that no unauthorized person has access to your username, password or accounts; (ii) logging out from your account at the end of each session, and (iii) promptly informing HairDX of any need to change or deactivate a password.
You can request to have your account cancelled. To prevent accounts from being accidentally or maliciously cancelled, HairDX will ask you to confirm the cancellation request via a separate email with a "terminate account" link, which will not be executed until 90 days after initiation. Within that time period you can reactivate your account.
If you terminate your account, all your data will be deleted from all the operational systems at HairDX and eliminated from all future backup restores of the operational systems. This will include your Subscriber name, password and any other information, your Settings and all information relating to your Service. If you cancel your account before the Service is finished, HairDX will discard your sample and not process it. If you cancel your account after the Service is finished, HairDX will discard the Analysis Service and all other data. However, it is possible that all your data may remain stored in HairDX's archival and backup media and systems for an indefinite time, and HairDX will not be obligated to delete this data. If you cancel your account you will not be entitled to a refund.
When your Service results are ready, HairDX will send you an email with a link to a website page. There you may view your Service results as often as you wish while they are stored by HairDX.
You are responsible for access control, storage and security of all data provided by HairDX, including genotypes and analysis Service results of the Service. When you receive this data in electronic form, for instance, the browser, browser settings and other settings of your computer may affect your ability to receive data from HairDX, the security of that data, and the amount of data stored on your computer. Therefore, it is your responsibility to see that your computer is adequate for this use.
HairDX will have no liability for losses of your data more than 3 months after your Service. If your data is lost or irretrievably corrupted within those 3 months, HairDX will either refund the fee you paid or offer to send you a new sample kit so you can have a new Service.
The initial fee you pay for the Service includes storing your data and keeping it available for 3 months, subject to the foregoing limitation on our liability for loss after 3 months. HairDX reserves the right to charge a fee for storing your data on HairDX's system after the first 3 months. HairDX will notify you by email at least thirty (30) days before imposing this charge and allow you that time to retrieve and print your data so that you may preserve it as you see fit. If you do not choose to pay for this long-term storage, HairDX will cancel your account and delete your data, as described above.

5. Interpretation of Results of the Service

Service measurement is complex; utilizes specialized materials and gathers a very large amount of data. Although HairDX uses state of the art genotyping technology and high quality standards, HairDX is providing no guarantee that the Service measurements will be successful or provide accurate results.
The HairDX website will provide you with complex information the accuracy of which depends on, among other things; the correctness of the Service measurements, reported results in the genetic and the medical literature, publicly available reference data and Analysis Service software.
The results provided to you by HairDX reflect what HairDX believes to be the most accurate knowledge about genetic variants at any given time. Therefore, these results may change from time to time, based on updates of the HairDX services and the corresponding scientific knowledge. HairDX will use commercially reasonable efforts to provide you with information on any such updates so long as HairDX has sufficient information to contact you and you have given HairDX permission to do so, but HairDX will have no liability if it does not provide such updates.
Some of the HairDX services provide you with information on genetic risk that is calculated by relating your Service measurements to relevant scientific literature regarding genetic risks. Risk estimates are only as accurate as the data used in the risk model. You acknowledge your understanding of genetic risk as a statistical measure that has implications derived from a large group of people with characteristics equivalent to yours but does not determine your chances for getting the corresponding disease, the disease severity, or the disease outcome.
The genetic result reported may in some cases only be applicable to a certain group of people, e.g. based on gender, ethnicity, lifestyle, family history etc. that you may or may not belong to.
For any given disease, calculations behind the genetic risk may not include all risk variants because (a) some genetic risk may be unknown at the time of calculation or (b) the Service may not capture all the known genetic risk variants with sufficient accuracy.
HairDX has made a careful selection of the scientific findings it uses in the HairDX service. However, such scientific findings may not be subject to approval by regulatory bodies in any country, such as the United States Food and Drug Administration or the European Medicines Agency.
You decide for which diseases you calculate genetic risk based on your Service data.
The HairDX.com website contains additional information about Analysis Service and interpretation of genetic results. You acknowledge and confirm that you will read all of this information; you understand that the data you receive in your Service cannot be properly understood without this information.
HairDX will not be responsible for lack of results, or errors or misleading results caused by your failure to perform the buccal swab according to HairDX's instructions.
The Service product is for informational purposes only, is not medical advice, and is not a substitute for professional medical advice, genetic counseling, diagnosis, or treatment. You must seek the advice of your physician or other qualified health provider with any questions you may have regarding the genetic aspects of a medical matter and you must not disregard professional medical advice or delay in seeking it because of the results of your Service or anything you have read on the HairDX website.
HairDX does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information. Reliance on the Service or any other information provided by HairDX, HairDX employees, or other content appearing on the HairDX site is solely at your own risk.
When using the HairDX site and sending and receiving Service and other data, information will be transmitted over a medium that may be beyond the control and jurisdiction of HairDX and its suppliers. Accordingly, HairDX 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 HairDX website.

6. Privacy Policy

The visibility and access to all detailed information stored in your Subscriber account (for instance, your Subscriber name, password, email and mailing address) are only available to you and HairDX and your medical professionals /or organizations that referred you to HairDX. No other parties will have access to your information.
If you disclose the results of the Service or other personal information to others, or authorize HairDX to disclose it, it is not HairDX's responsibility to see that these other Subscribers of your Service or other information afford you appropriate privacy.
All Subscriber information and attributes you have supplied HairDX, including your email address, are voluntarily provided by you.
Your information will be used by HairDX to gather statistical aggregate information about the Subscribers of the HairDX website. Such Analysis Service may include, but is not limited to; counting the number of Subscribers grouped by age, or associating genetic variants with any of the self reported Subscriber attributes. In the process of presenting any such statistical information, HairDX will use commercially reasonable efforts to ensure that Subscribers' identities are not exposed.
HairDX will not provide any third party, including insurance companies, health management organizations, hospitals, businesses, and government agencies, access to any of your personal data or data derived from your samples unless you grant explicit authorization in your Settings or unless required to do so by law or by an order of a court having jurisdiction.
HairDX will treat the data created in your Service as confidential and will only make it accessible to the Subscriber account through which the Service and the buccal swab kit were ordered and your medical professionals /or organizations that referred you to HairDX. HairDX will be entitled to assume that any person logging in through use of your Subscriber name and password is you or somebody you have authorized.
Payments are made through our secure payment services. No payment account information will be stored in the HairDX systems.
HairDX may contact you through your Subscriber account and invite you to participate in research studies.
Your Service report available online will consist of genotype data. HairDX reserves the right to delete this raw data from its operational system at any time. Furthermore, this data will be deleted should you terminate your account.

General Terms and Conditions Applicable to Everyone

1. Term. This Agreement shall remain in full force and effect so long as Visitors and Subscribers access or use the Website, Service or possess Reports.

2. Fees. Provider may impose fees and/or change the fees that it charges Visitors and/or Subscribers in connection with the Service.

3. Accuracy of Information. Provider is unable to verify the accuracy of information posted with the Service. Visitors and Subscribers must independently verify information obtained through the Service.

4. Intellectual Property Rights. Provider also retains all “Intellectual Property Rights” in and to the Website content, Service and Reports. Visitors are granted only a limited, non-exclusive, non-transferable license to access and view the Website and Subscribers are granted only a limited, non-exclusive, non-transferable license to access and use the Website, Service and Reports. As used herein “Intellectual Property Rights” includes patents, copyrights and trademarks and other legal protections afforded by the United States and other countries. Neither Visitors nor Subscribers shall copy, reprint, re-broadcast or disseminate any such material with the prior written consent of Provider.

5. Disclaimer of Warranty by Service. All information contained in the Website, Service and Reports is provided AS IS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL NOT BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME, WITH OR WITHOUT CAUSE.

6. Limitation of Damages by Service. IN NO EVENT SHALL THE PROVIDER OR ITS PARENTS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, AFFILIATES, PRINCIPALS, AGENTS, EMPLOYEES OR OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE TO VISITORS, SUBSCRIBERS OR THIRD PARTIES CLAIMING BY OR THROUGH EITHER OF THEM FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ANY ACTION, PROVIDER’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO PROVIDER BY THE CLAIMANT. ALL CLAIMS AGAINST PROVIDER SHALL BE ASSERTED WITHIN ONE YEAR OF ARISING OR BE FOREVER BARRED.

7. Dispute Resolution. All disputes between Provider and Visitors or Subscribers, whether or not related to this Agreement, shall be resolved by binding arbitration under the then-applicable rules of the American Arbitration Association. All proceedings shall be held in New York County, New York. The foregoing shall not prevent Provider from seeking equitable relief from a court of competent jurisdiction for violation of its Intellectual Property Rights.

8. Governing Law. This Agreement shall be governed by the laws of the State of New York except as to conflicts of laws.

9. Reservation of Rights. Provider reserves the right, without prior notice, to: (i) modify this Agreement (by posting any amended Agreement on the Website); or (ii) modify or withdraw the Website, Service or reports at any time; or (iii) remove any information or material from the Website, Service or Reports that it determines to be objectionable; or (iv) terminate or limit the participation of any Artist or Member, with or without cause.

10. Miscellaneous. This is the entire agreement between the parties and may be modified only as provided herein.