Last Updated: September 5th, 2023
Thank you for your interest in the CARE Program (the "Program"). For purposes of these Terms & Conditions, references to "Ambry," "we," "our," and "us" means Ambry Genetics Corporation.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PROGRAM. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE PROGRAM. AMBRY HAS AGREED TO PROVIDE THE PROGRAM ON THE EXPRESS CONDITION OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. BY ACCESSING THE PROGRAM, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AS APPLICABLE, ACKNOWLEDGE THAT:
Ambry hereby grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Program. This limited license is contingent on your compliance with these Terms & Conditions.
Ambry may terminate this limited license at any time for any reason by, including without limitation, removing the Program. The Terms & Conditions will survive termination.
All right, title, and interest in and to the Program is owned by Ambry. Such rights are protected by copyright and other applicable intellectual property laws in the United States and other territories and by international treaty provisions. Ambry enforces its intellectual property rights to the fullest extent permitted by law.
No right, title, or interest in or to the Program, any trademarks, service marks, or other intellectual property rights owned by Ambry is granted by the Terms & Conditions.
Without Ambry's prior written consent, you may not, nor permit any third party to: (a) sub-license, assign, transfer, distribute, pledge, lease, rent, share, or otherwise convey the Program; (b) modify or adapt the Program; (c) disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Program or the software supporting it; (d) remove any product identification, copyright notices, or other proprietary or other notices from the Program; or (e) disclose system performance of the Program to third parties.
Ambry is committed to protecting the privacy of all users of the Program. We have published a Privacy Notice and a Cookie Notice, which together explain in detail our online information practices and the choices you can make about the way your information is collected and used when using or accessing the Program. In addition, if you are a patient, the Notice of Privacy Practices explains how Ambry uses and discloses your protected health information under the Health Insurance Portability and Accountability Act of 1996. You may review each notice by clicking on the respective links.
The Program is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Program. Nothing contained in the Program should be intended to be a medical diagnosis or treatment directive or recommendation. Reliance on the Program is solely at your own risk.
The Program is directed at an adult audience and is not intended or designed for children under the age of 13. We do not knowingly collect information from children. By using this Program, you confirm that you are over the age of 13.
Ambry may revise or modify these Terms & Conditions from time to time. Such changes, revisions, or modifications shall be effective immediately upon posting such revisions or modifications on www.ambrygen.com. If you disagree with these Terms & Conditions, your sole remedy is to discontinue your use of the Program. Any use of the Program by you after such notice shall constitute acceptance of the changes.
AMBRY WARRANTS THAT THE PROGRAM IS PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE"BASIS, WITHOUT WARRANTY OF ANY KIND. AMBRY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FUNCTIONALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMBRY ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH THE PROGRAM IS USED, ANY DATA PROCESSED BY THE PROGRAM, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE PROGRAM. AMBRY MAKES NO WARRANTIES THAT THE PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PROGRAM WILL PROVIDE SPECIFIC RESULTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE PROGRAM IS FREE OF VIRUSES. AMBRY RESERVES THE RIGHT TO MAKE CHANGES TO THE PROGRAM FROM TIME TO TIME WITHOUT NOTICE OR OBLIGATION.
AMBRY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON USE OF THE PROGRAM. AMBRY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL INJURY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PROGRAM, EVEN IF AMBRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE PROGRAM, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.
You agree to indemnify, defend, and hold Ambry and its directors, officers, employees, corporate parent and affiliates, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of any provision of these Terms & Conditions or (b) your activities with respect to the Program.
You agree that any dispute relating to the Program will be resolved according to the laws of the State of California, without regard to conflict of law rules. You agree that the courts of the State of California have exclusive jurisdiction over any legal proceedings arising out of or related to your use of the Program. If you are accessing the Program from any location with regulations or laws governing personal data collection, use, or disclosure that differ from United States laws or regulations, please note that you are transferring personal information to the United States and you consent to that transfer and to the collection and processing of such information in the United States.
You may not use or otherwise export or re-export the Program except as authorized by United States law and the laws of the jurisdiction in which the Program was legally obtained or authorized by Ambry. In particular, but without limitation, the Program may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Program, you represent and warrant that you are not located in any such country or on any such list. .
You acknowledge that these Terms & Conditions represent the entire agreement between you and Ambry with respect to the Program, and that no other representations or promises, verbal or otherwise, will affect these Terms & Conditions.
If any part of the Terms & Conditions is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms & Conditions, which will continue to be in full force and effect.
The failure or delay of Ambry to exercise any of its rights under these Terms & Conditions shall not be a deemed waiver thereof and no waiver by Ambry of any violation of these Terms & Conditions shall constitute a waiver of any other or subsequent violation.