Welcome to the American Pharmacogenomics Association website and related digital services (the “Site”), provided by the American Pharmacogenomics Association and its affiliates (“we” or “us”). These Terms of Use govern your use of the Site. Additional conditions, restrictions, and policies may apply, including our Privacy Policy.

Not Medical Advice

The content, products, and services on this Site aim to educate on topics related to our field. They do not substitute medical advice, diagnosis, or treatment. Consult your relevant healthcare provider for personalized advice. We don’t guarantee the safety, appropriateness, or effectiveness of any product or service.

Age Limitations

The Site is intended for individuals aged 18 and older, except for specific services available to individuals aged 13 to 17 with parental permission.

Acceptable Use

You agree that you will not:

  • Use this website for any purpose in violation of local, state, national, or international laws.
  • Use this Site as a means to distribute advertising or other unsolicited material to any third party.
  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
  • Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this website.
  • Violate or attempt to violate the security of the Site, including, without limitation:
    • accessing data not intended for Site users or logging onto a server or an account which Site users are not authorized to access;
    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
    • accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
  • Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
  • Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Violations of system or network security may result in civil or criminal liability. American Pharmacogenomics Association 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.

In the event access to the Site or a portion thereof is limited by requiring a user ID and password, you agree to access Protected Areas using only your user ID and password as provided to you by American Pharmacogenomics Association. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by American Pharmacogenomics Association at any time with or without cause.

Account Set-Up

You agree to:

– Provide accurate registration information.

– Maintain and update information promptly.

– Keep your account credentials confidential.

– Be responsible for all activities under your account.

Order Limitations

We reserve the right to reject or limit any order without giving reasons. We may restrict quantities, change prices, or refuse orders. Your account may be restricted or terminated at our discretion.

Data Interpretation Services Agreement

This Genomic Data Interpretation Services Agreement (the “Agreement”) is entered into by You (“You”) and American Pharmacogenomics Association, (“APGXA”) American Pharmacogenomics Association and You may each be referred to individually as a “Party” and collectively as the “Parties.” 

Background

APGXA uses a third party service with proprietary genomic data interpretation tools, analytics and clinical decision support technology available to individual consumers, physicians, researchers and others.

You are an individual interested in submitting your genomic data for genomic analysis, bioinformatics analysis and interpretation.

Agreement

In consideration of the mutual promises described below, the Parties agree as follows: 

Services 

Upon request and during the Term of this Agreement, APGXA and or its third party service will provide You with certain genomic data interpretation services (“Services”, “The Service”) in accordance with the terms of this Agreement. You may request Services by providing APGXA with a signed consent form and genomic data in a fastq, bam, vcf or other file format that meets APGXA’s current data processing guidelines. APGXA and or its third party service will perform your submitted data interpretation using established procedures and protocols for such analyses and use of certain proprietary algorithms. Data interpretation results will be made available to you through a downloadable report. 

Fees and Invoices 

APGXA will bill you for Services provided to you. You agree to pay APGXA a set fee for each DNA dataset interpretation ordered under this Agreement. This fee does not include any applicable State or Federal taxes, which are Your responsibility.

Health Care Responsibility

APGXA is not a health care company and does not provide any medical or other health care services. APGXA and or its third party genomic data interpretation process is fully automated with only a minimal human input for styling and organizing the report. Any decisions related to healthcare and treatment choices should be based on the independent judgment of the treating health care provider and should consider all information related to the patient, including without limitation, the patient and family history, direct physical examination and pertinent laboratory, psychological and other tests. Your health care provider is solely responsible for health care that may be provided or not provided to you.

By using The Services You agree that:

  1. APGXA does not recommend, endorse, or make any representations about the efficacy or appropriateness of any therapy, tests, procedures, or treatments described in any report or information made available to you;
  2.  Reports and information provided by APGXA should be reviewed by a treating health care provider who is responsible for decisions regarding Your care;
  3.  You are solely responsible for Your use of reports and information made available to You by APGXA and or its third party service. Interpretations provided by APGXA and or its third party service are also subject to any notes, explanations, limitations, and disclaimers included in the reports;
  4. You warrant and agree that you shall not impersonate any person or entity, or misrepresent your affiliation with any other person or entity, exploit or otherwise use any information or material obtained through APGXA for commercial purposes other than agreed in writing between you and APGXA, or attempt to gain unauthorized access to APGXA and or its third party service’s computer systems, algorithms, database lists, pipelines, lists of users or user genomic or other information in violation of any applicable law. You further agree that you may not to circumvent, reverse engineer, decrypt, or alter APGXA and or its third party service’s reports or otherwise interfere with APGXA and or its third party service or any Services provided by APGXA thereof, or make unauthorized use thereof.

Risks

  1. There are risks of using The Service. You may learn information about yourself that you did not anticipate. You may discover things about yourself that may trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, economic and psychological implications.
  2. Interpretations of DNA variants made possible by APGXA and or its third party service may be erroneous, may be ambiguous or may be incorrect.
  3. There is a small chance that your data may be lost or damaged during the transmission through the internet.
  4. You should not change your health behaviors on the basis of the information obtained from APGXA and or its third party service only. If you have concerns or questions about what you learn through theis Service, you should seek guidance from your genomics-competent health care provider.
  5. The APGXA and or its third party service interpretation of your genomic data is based on thousands of research papers published in peer-reviewed and not peer-reviewed medical and scientific journals conducted by parties outside of the control of APGXA. Not all research studies are accurate, it is not possible to review them all, and they may not disclose all information.
  6. Future research may change today’s interpretation of DNA variants and future research may show today’s research to be incomplete or inaccurate. Because interpretations provided by APGXA and or its third party service rely on these published studies, some interpretations may not be applicable to you.
  7. If you share your DNA data with others, these data may be used against your interests. DNA variant interpretations shared with your health care providers may become part of your medical record. Through that path it may become accessible to other health care providers, health care provider organizations such as HMOs, PPOs, other private or government organizations, and insurance companies. DNA data that you share with family, friends may no longer be under your control. Even if you share your DNA data that today have no or only a limited meaning, these data may have greater meaning in the future.

No Warranty

APGXA and or its third party service makes no representation as to the validity, reliability or accuracy of genomic data interpretation by using The Service. APGXA and or its third party service’s interpretations may contain typographical errors, errors in coding and other unknown errors, which may result in incorrect interpretations. The scoring ranges and normative values provided are averages and estimates, which may not be applicable to everyone. Only direct, personal evaluation by a health care professional can provide you with an accurate assessment and diagnosis of or treatment for your symptoms. By using this Service, You agree and accept the data interpretation as is with no warranty, express or implied or fitness of use. APGXA and or its third party service makes no guarantee about the reliability, accuracy, or timeliness of the service or the results obtained from the service.

WE PROVIDE THE SERVICE “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APGXA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. 

Termination of Use

We may terminate your account or site access at any time. You are responsible for any orders or charges incurred before termination.

User-Generated Content, Reviews, Feedback, and other Postings to the Site

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to American Pharmacogenomics Association that you have the legal right and authorization to provide all User-Generated Content to American Pharmacogenomics Association for the purposes and American Pharmacogenomics Association’s use as set forth herein. American Pharmacogenomics Association shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner American Pharmacogenomics Association 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 User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world. American Pharmacogenomics Association is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.

American Pharmacogenomics Association does not regularly review posted User-Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User-Generated Content submitted to the Site. You grant the American Pharmacogenomics Association the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. American Pharmacogenomics Association and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.

Indemnification

You agree that you will defend, indemnify, and hold harmless American Pharmacogenomics Association from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys’ fees and costs) against or incurred by American Pharmacogenomics Association arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your user ID and password, or any other actions taken by you on the Site.

Intellectual Property

Our trademarks and site content are protected. You may view, download, and print content for personal, noncommercial use only.

Disclaimers

The Site is provided “as is.” We do not guarantee the absence of technological difficulties or the accuracy of content.

Errors on the Site

We reserve the right to correct errors, revoke offers, or cancel orders. Check our return policy for product dissatisfaction.

Accuracy and Integrity of Information

While we strive for accuracy, the Site may contain errors. Inform us of inaccuracies for correction.

Limitations of Liability

Your use of the Site is at your own risk. We are not liable for any damages except for the amount paid for a product or service.

  • Links to Third-Party Websites

The Site may contain links to third-party sites. We do not endorse or warrant their content. Review their conditions of use and privacy policies.

Jurisdiction

Disputes related to the Site are governed by the laws of the State of California, with exclusive jurisdiction in the District Court of San Luis Obispo, CA.

By using the Site, you agree to these terms. We may modify them at any time, and your continued use constitutes acceptance of the modified terms.