1. User Eligibility and Permitted Use of the Site. The Site is available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Use of the Site, however, may be prohibited or restricted in countries outside the United States. If you use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you use the Site. It is your responsibility to comply with local, state, federal and international laws (including minimum age requirements) applicable to your use of the Site. The Site is considered to be a general audience site and is not intended for use by children. You may use the Site solely for your own personal informational purposes. You may not use the Site for any commercial purposes.
2. Changes to these Terms. Emory reserves the right, in its sole discretion, to modify these Terms at any time upon notice. We may provide notice of such modifications in any manner we chose in accordance with applicable law, including, but not limited to, by posting a notice of modifications on the Site. Your continued use of the Site following notice of modifications signifies your agreement to be bound by the modified Terms.
4. MEDICAL DISCLAIMERS. The information and content provided on or accessed through the JScreen Program website are intended for information purposes only and is not intended for individuals or patients seeking medical advice or treatment. The information presented is not intended nor implied to be a substitute for professional medical advice, diagnosis or treatment. Any individual always should seek the advice of a physician or other qualified healthcare provider prior to starting any new treatment, selecting a method of treatment or seeking answers to any questions regarding a medical condition. Nothing contained on or accessed through the JScreen Program website is intended to be and should not be used for medical diagnosis or treatment. JScreen Program participants should never disregard professional medical advice or delay in seeking treatment based on the information contained on or assessed through the JScreen website. Participation in the JScreen Program or use of the JScreen website does not create a physician-patient relationship and does not obligate Emory University, Emory Healthcare, Inc. and its affiliates (collectively “Emory”) to follow-up or contact you.
By providing access to the JScreen website, Emory is not engaged in the practice of medicine, nursing, or the provision of any healthcare service. This is a voluntary program and you may wish to seek genetic counseling prior to submitting a sample for genetic testing.
By facilitating your laboratory testing with Counsyl Laboratories, Inc. , Emory is not responsible in any way for the any aspect of the laboratory testing conducted by Counsyl, including without limitation the testing and the cost of laboratory testing. You are responsible for arranging for payment of the laboratory test directly with Counsyl Laboraories, Inc.
5. Submissions. Emory does not accept ideas, concepts, or techniques for new services or products through the Site (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Emory and its affiliates are under no obligation to keep such information confidential, and (c) Emory will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
6. Ownership and Prohibited Uses of Content. The Content is either the property of, or used with permission by, Emory. You may not (i) modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose or (ii) remove, obscure or otherwise modify proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties. For the purposes of these Terms, “Content” means all content, including, without limitation, all text, trademarks, written material, computer code, look and feel, trade dress, technical information and advertisements appearing on or otherwise making-up the Site.
7. Prohibited Actions. While you are using the Site, you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another Registered User’s account; disguise the origin of any Comment; alter, modify, frame, or “mirror” any Content; create a deep-link to the Site by by-passing the Site’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user’s experience on the Site, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the servers or network connections to the Site; disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof). You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that Emory may have at law or in equity, if Emory reasonably determines that you have violated or are likely to violate these Terms and/or applicable law, Emory may take any action it deems reasonable to cure or prevent the violation, including without limitation, the immediate removal from the Site of the related materials. Emory will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Emory to disclose the identity of anyone violating these Terms and/or applicable law.
8. Availability and Accuracy of the Site. Emory reserves the right, at any time and with or without prior notice to you, to change, suspend, or discontinue all or any aspect of the Site. Emory takes reasonable efforts to ensure that all Content is complete, accurate and current. Despite Emory’s efforts, however, Content may occasionally be inaccurate, incomplete or out of date. Emory make no representation as to the completeness, accuracy or timeliness of any Content. Emory does not assume any responsibility for any use or misuse of the information or content provided on or accessed through the JScreen Program or its website. In no event will Emory be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information or content contained on or accessed through the JScreen Program or its website.
Some of the information and content may contain names of certain physicians or other healthcare providers, product providers, laboratories or medical products. Emory does not endorse or make any representations or warranties or assume any liability or responsibility for any particular physician, healthcare provider, product provider, laboratory or medical product featured on the JScreen website. The JScreen website is independent of any laboratory or device or drug manufacturer. For information and directions for use concerning the use of a drug or device, consult the specific drug or device manufacturer website. Statements provided by individuals or health professionals appearing in JScreen videos are based on the experiences of those individuals and do not reflect the opinions or views of Emory.
9. System Requirements. In order to use the Site you are required to have Internet access and may be required to download/obtain certain software/hardware. You acknowledge that you are responsible for maintaining your Internet service and applicable hardware/software.
11. Applicability of Additional or Different Terms and Conditions. In addition to these Terms, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of Content or features. If applicable, these Other Terms will be set forth (i) where you are permitted to view/access such Content or features, or (ii) in a link adjacent to where you are permitted to view/access such Content or features. You shall carefully review all Other Terms, as applicable, before viewing/accessing such Content or features. These Other Terms are incorporated into and made a part of these Terms by reference. In the event Other Terms conflict with these Terms the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
12. Disclaimer of Warranty. THIS SECTION APPLIES IN ADDITION TO THOSE DISCLAIMERS SET FORTH ON THE DISCLAIMERS PAGE, WHICH ARE INCORPORATED BY THIS REFERENCE. YOUR USE OF THE SITE AND CONTENT IS AT YOUR RISK. The Site, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS provided “as is”, “With all faults” and “as available.” AS TO THE Site, TO THE FULLEST EXTENT PERMITTED BY LAW, Emory EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Any content downloaded, or otherwise obtained by using the Site, shall be so obtained at your own discretion and risk. Emory SHALL not be responsible for any damage to your computer system or loss of data that results from obtaining any content from the Site.
Without limitation to the foregoing, Emory doES not warrant: (a) you WILL BE ABLE TO enjoy the Site without interference; (b) the Site, INCLUDING, WITHOUT LIMITATION ANY CONTENT, will fulfill any particular purpose, need, requirement or specification or is complete, reliable, accurate OR UP-TO-DATE; (c) your requests to the Site will be honored according to your schedule or any stated schedule; (d) the Site will be timely, secure or error free; (e) any errors in The site, INCLUDING, WITHOUT LIMITATION ANY CONTENT, will be corrected; OR (f) the Site, INCLUDING, WITHOUT LIMITATION ANY CONTENT, is appropriate or available for use in any particular location.
13. LIMITATIONS OF LIABILITY. Emory doES not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your use of thE Site. IN NO EVENT WILL Emory BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY LINKED SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED OR OFFERED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
14. Termination and Suspension. Emory reserves the right, at any time and with or without prior notice to you, (i) to suspend or terminate your use of the Site for any or no reason or (ii) to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) for any or no reason. Emory shall not be liable to you or any third party for any of the foregoing. Sections 1, 3, 5, 6, 11-15 shall survive the expiration or termination of these Terms.
15. Other. To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to your use of the Site, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to your use of the Site, shall be subject to the exclusive jurisdiction of state or federal courts located in Dekalb County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings in these Terms are for convenience only and have no legal or contractual effect. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Contact Emory. For any questions or concerns regarding the Site please contact us using the following contact information:
One West Court Square, Suite 750
Decatur, GA 30033