Batch Version Status
9004 Y Elite 2.0 sequencing completed and results delivered ~mid-August 2015
9005 Y Elite 2.0 sequencing completed and results delivered ~mid-November 2015
9006 Y Elite 2.0 sequencing completed and results delivered by 7 January 2016
9007 Y Elite 2.0 sequencing completed, results delivered March 28, 2016
9008 Y Elite 2.1 sequencing completed, results delivered June 28, 2016
9009 Y Elite 2.1 sequencing completed, results delivered September 19, 2016
9010 Y Elite 2.1 sequencing completed, results delivered January 3, 2017
8001 Y Elite 2.1 sequencing completed, results delivered June 15, 2016
8002 Y Elite 2.1 (pilot 2.1b) sequencing completed, results delivered - April 16, 2016
8003 Y Elite 2.1 sequencing completed, results delivered June 15, 2016
8004 Y Elite 2.1 sequencing completed, results delivered June 28 2016
8005 Y Elite 2.1 sequencing completed, results delivered June 28 2016
8006 Y Elite 2.1 sequencing completed, results delivered July 6, 2016
8007 Y Elite 2.1 sequencing completed, results delivered Nov 22, 2016
8008 Y Elite 2.1 sequencing completed, results delivered September 19, 2016
8009 Y Elite 2.1 sequencing underway, results expected Dec 25 2016 - Jan 10, 2017
8010 Y Elite 2.1 sequencing underway, results expected January 15, 2017 - Jan 25, 2017
Length coverage: 13.8+ megabases (callable) (a conservative estimate); 22.0+ megabases covered
Read length: 150 - 250 base pairs
Build 38 reference; upgraded from Build 37 in previous versions
Features: better SNP calling and better STR calling quality
Advantage: New designs that cover more of the Y chromosome than 2.0
Whole genome products include:
a. Y chromosome reports
b. mitochondrial reports
c. variant files (vcf) that are compatible with third party tools, such as Promethease
d. raw data (BAM files)
The whole genome product is primarily for ancestry, but since health information is in the data, we recommend that the customer take the data either to a geneticist or genetic counselor or explore the data using third party tools. Note that FGC does not provide medical advice and we do not provide medical reports on the data ourselves. The goal of our product is to provide comprehensive ancestry results as well as make it possible for the customer to explore health results in consultation with appropriately qualified professionals if they desire to do so.
GenomeGuide is our mid-range product that provides high quality ancestry data for a price under $1,000.
Press Release: January 28, 2016 GenomeGuide Announcement Jan 28, 2016.
Specifications: Periodic record of current coverage by FGC test: Public reference: ISOGG Wiki on Whole Genome FGC results
Average Callable Loci (Y chromosome) 30x 14,558,001
15x: 13,241,107 (approx) <-- new data; recommended for genealogists (15x or better)
From the United Kingdom:
The LostCousins newsletter
January 30, 2016
To gain full access to our services a name, mailing address, e-mail address and/or phone number, payment details, and your DNA sample are required. The amount of other personal information you decide to submit to us is up to you but you should understand that your experience with our services may suffer if you choose to provide no additional information.
A. Account Information that we collect from you when you purchase or sign up for our Services. Examples of such information include your name, payment details (e.g., credit card information), billing and shipping addresses, and contact information (e.g., email address and telephone number).
B. Genetic Information that is generated when your DNA sample is analyzed by us or on our behalf by a third party. To protect your privacy, samples are de-identified (i.e., personal information such as name, age, address etc. are completely removed and labeled with a other unique code such as barcodes before being transferred to a laboratory. The laboratory does not have access to your account information, or any other Personal Information unless required by federal or local laws. Unless you requested or the law otherwise requires, your DNA samples will be destroyed after the laboratory completes its work. The laboratory securely sends the resulting Genetic Information to us along with the unique code. We store Genetic Information securely on our server or on a third party’s servicer under our direction.
C. User Provided Information that you may voluntarily choose to share with FGC, including, but not limited to, any information about yourself, your background, your hobby, your career, your interest, your family history, and your health condition in any communications between you and FGC. However, when you contribute to a public area or feature of our Web Site, such as a chat room, bulletin board, list serve, blog, wiki or other communication or community tool or area, the information that you submit or post will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of our web site. Instead, make up a username that does not disclose your personal identity.
D. Web Behavior Information on how you use the FGC website or apps, including, but not limited to, browser type, domains, web log information, page views, IP addresses, geographic location that we may collect through log files, cookies, and other web technologies.
For example, we may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies track where you travel on our web site and what you look at and purchase. They may store the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of our web site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Services. You can use the browser that you are viewing this website with to enable, disable or delete cookies. Please note that if you set your browser to disable cookies, you may not be able to access secure areas of the Website and other parts of the Website may also not work properly. To find out more about cookies and how to manage them, please click http://www.allaboutcookies.org/.
For another example, we may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you to enable us to know whether you have visited a webpage or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a webpage or message. A clear GIF may enable us to relate your viewing or receipt of a webpage or message to other information about you, including your Personal Information.
For a further example, our server may automatically collect data about your Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. Our server may also record the webpage from which you linked to this web site(e.g., another web site or a search engine); the pages you visit on this website; the website you visit after this website; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our web site. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.
This information may also include your personal contact information when you chose to allow FGC to access your address book on your computer or mobile device. We will collect the contact information of the friends you refer our Services to.
Further, this information may include social media profile information when you make referrals using a social network such as LinkedIn, Facebook, WeChat, Google+ or Twitter. We may obtain information from your profile that is made available to us when we connect to your social network to post the referral on your behalf. The information that we may obtain during this process varies depending on the social network and your privacy settings, but can include information such as your name, profile picture, network, gender, username, user ID, age range, language, country, friends lists or followers and any other information you have permitted the social network to share with third parties.
You may have the right to “opt in” and “opt out” of certain of our uses of your Personal Information by contacting our privacy administrator at email@example.com. For example, at the time you are requested to provide Personal Information on our web site, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with a third party.
Here are more details around how we use your personal information: A. We use your Account Information to authenticate your Website and mobile application visits and usage; to enable your purchase; to verify your payment details; to communicate with you about information, services, and products that you have requested or you may be interested in; to maintain our internal record keeping; and to manage and improve our website, mobile application, and software. B. We use your Genetic Information and User Provided Information to provide you with our Services and to improve our Services. If you voluntarily allow sharing, Genetic Information and User Provided Information may be displayed in other users' accounts. User-Provided Information may be used to customize your user experience. If you voluntarily consent, we may use your Genetic Information and User Provided Information in an aggregated and anonymous form, for the purposes of genetic research and paper publication. C. We use your Web Behavior Information and Referral Information to improve our Services to you; analyze user behavior as a measure of interest in, and use of, our web site and e-mails, both on an individual basis and in the aggregate; to properly deliver services to your referrals; to distribute our own advertisements, or third-party sponsored messages.
A. DNA sample. When you order our Services for yourself, we may send you a DNA collection kit so that you may obtain and send us a DNA sample. We can analyze the DNA sample and obtain your Genetic Information (including Raw DNA Data and DNA Testing Results, see below). You have the option to discontinue the process by not sending us a DNA sample after you receive the DNA collection kit. When you order our Services as a gift to another person, we may send you or the person the DNA collection kit at your choice. The person has the option to discontinue the process by not sending us a DNA sample after you or the person receives the DNA collection kit. Unless you have legal authority to represent the owner, only an owner of the DNA sample has access to the Genetic Information. For example, if you order our services for another person as a gift, only the person, but not you without legal authority, has access to the Genetic Information obtained from the DNA sample, unless that person has agreed to share the results with you.
B. DNA Testing Results. When your DNA Testing Results are ready, we will notify you and you will be able to access them through our Website. In ancestry testing services, your DNA Testing Results will be loaded into our database so that we can identify your relatives on our family tree. You may choose which related information, e.g., ethnicity, nationality etc., may be entered into our database. If you do not want us to enter your DNA Testing Results into our database at all or you may delete your DNA Testing Results, then you may then not be able to benefit from our Services. C. Raw DNA Data. Raw DNA data is the DNA sequence data that's generated in the laboratory from your DNA sample before it is processed or interpreted to obtain DNA testing Results. You may download these raw data from our web site. Please note that once you receive the downloaded raw DNA data, that downloaded copy will not be protected by our security measures.
A. We may disclose your Personal Information to our partners or service providers. Under the protection of appropriate agreements, third parties may perform various tasks for us. For example, we may use third parties to process payments from you and to help manage the FGC web site and relationships with you. For analyzing or storing DNA samples we may use specialized laboratories or storage facilities. These third parties are only given access to that information needed to perform their services, and are prohibited from using it for other purposes. Our service providers may include affiliated and unaffiliated service providers in in the United States, Europe and in other jurisdictions.
B. We may disclose your Personal Information to our subsidiary, parent company, or successors. As our business continues to grow and change, we may get involved in business transactions, e.g., merger and acquisition, spinoff, or asset sales and may have to transfer personal information to new entities subject to promises made in then prevailing privacy statements. For example, in the event that FGC, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
C. We may disclose your Personal Information (i) with your permissions; (ii) as described in this statement; (iii) as may be required by law, regulatory authorities, legal process or to protect the rights or property of FGC or other Users (including outside your country of residence); (iv) to enforce our terms and conditions; (v) to protect our rights, privacy, safety, confidentiality, reputation or property; (vi) to prevent fraud or cybercrime; and (vii) to permit us to pursue available remedies or limit the damages that we may sustain.
Protection of Children's Privacy FGC is committed to protecting the privacy of children as well as adults. Neither the FGC’s Website or mobile apps, nor any of its Services are designed or intended to attract children under the age of thirteen (13). FGC does not intentionally collect information by any means from those we actually know are under 13. A parent or guardian, however, may collect a DNA sample from, create an account for, and provide other information on behalf of his or her child. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides to FGC about his or her child is kept secure and that the information submitted is accurate.
While we endeavor to protect the security and integrity of sensitive Personal Information collected via this Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail or a “contact us” or similar feature on our Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on our Website with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. Please notify us of any unauthorized use of your password or account or any other breach of security.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the United States Postal Service to notify you in this situation, please e-mail us at firstname.lastname@example.org.
Account Closure If you no longer wish to participate in our Services, you may close your account by sending a request to us. When closing an account, we remove all Genetic Information within your account (or profile) within thirty (30) days of our receipt of your request. Genetic Information and/or User Provided Information that you have previously provided and for which you have given consent to use by us in research or database construction will be removed from ongoing studies that use the information, to the extent that it is practical, i.e. the studies have not been completed and the results published or the database(s) have not been finished and implemented. Our contracted laboratory may also retain your Genetic Information as required by local law and we may retain backup copies for a limited period of time pursuant to our data protection policies. In addition, we retain limited Account Information related to your order history (e.g., name, contact, and transaction data) for accounting and compliance purposes.
Your Access Rights You may review, update or modify the Personal Information that is stored in your user account on this Website. If you send us requests via e-mail, before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
Contact Us If you have any questions or comments regarding our privacy practices, you may contact us at email@example.com.
Full Genomes Corporation, a Delaware corporation with the principle place of business at 2275 Research Blvd, Suite 500, Rockville, MD 20850 (“FGC”) is dedicated to bringing users the best DNA sequencing services (“Services”) possible, by combining next generation sequencing technology with an easy to use, feature-rich web experience—to allow users to explore themselves—their history, their ancestry, and their genealogy.
Before using this website or our Services, you must read and accept the terms and conditions detailed below. These terms and conditions apply to users visiting this website or registering for our Services on or after January 30, 2016.
Table of Content
Acceptance of Terms
Scope of Services
Limitations of Services
Rules of Conduct
User Provided Content
Modifications to this Agreement
Survival of Terms
The Website and Services provided herein are intended for adults. You may not use the Website or Services and may not accept the Agreement if (i) you are not of legal age to form a binding contract with us, or (ii) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are a resident or from which you use the Services. You must be eighteen (18) years of age or older to agree to the agreement on behalf of yourself or those for whom you have legal authority to agree when a DNA sample is submitted. When a minor uses the Website or Services, the parent or guardian of that minor will be held fully responsible for the minor’s actions.
Scope of Services We offer DNA sequencing services where Users can explore themselves—their history, their ancestry, and their genealogy. When you purchase our Services, we may send you a DNA collection kit so that you may obtain and send us a DNA sample, e.g., a saliva sample. We analyze the DNA sample and obtain Genetic Information unique to you. When your Genetic Information is ready, we will notify you and you will be able to access them through our Website. In ancestry testing services, your Genetic Information will be loaded into our database so that we can identify your relatives on our family tree. You may choose which related information, e.g., ethnicity, nationality etc., may be entered into our database. Raw DNA data is the data that's generated in the laboratory from your DNA sample before it is processed for intended purposes. You may download these raw data from our Website. OUR SERVICES DO NOT EXCEED THE SCOPE DESCRIBED IN THIS SECTION 2 UNLESS WE AGREE TO PROVIDE CUSTOMIZED SERVICES TO YOU IN ADVANCE AT OUR SOLE DESCRETION.
Limitations of Services A. Our Services are designed solely for informational and educational use.
Our Services are not intended, designed, or carried out for use in the diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or conditions arising from a disease. The Services shall not be used, either alone or in combination with other information, by the User or a third party to assist the diagnosis or prognosis, or to form any medical advices in connection with any disease or conditions arising from a disease. User is hereby recommended to always seek the advice of his/her physician or other health care provider with any questions regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of his/her health. FGC does not recommend or endorse any specific courses of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned in this report, by FGC employees, or on our Website in connection with this report. Reliance on any information provided by this report, FGC employees, or our Website in connection with the report is solely at User’s own risk.
B. The laboratory may not be able to process your sample. The laboratory may not be able to process your sample if your DNA sample does not contain a sufficient volume of DNA, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, FGC will reprocess the same sample at no charge to the User. If the second attempt to process the same sample fails, FGC will offer to send another DNA collection kit to the User to collect a second sample at no charge. If the User declines this option, the User is entitled solely and exclusively to a complete refund of the amount paid to FGC, less shipping and handling, provided that the User shall not resubmit another sample through a future purchase of the Service. If the User opts to receive another sample collection kit and FGC's attempts to process the second sample are unsuccessful, FGC will not send additional sample collection kits and the User will be entitled solely and exclusively to a complete refund of the amount paid to FGC, less shipping and handling, provided the User shall not resubmit another sample through a future purchase of the Service. If the User breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, FGC will not offer to reprocess the sample or provide the User a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (“Errors”). As this possibility is known in advance, Users are not entitled to refunds where these Errors occur. _However, FGC may, at its sole discretion, determine which results should be resequenced [where results refers to data generated by the laboratory process which may be un-interpretable or incorrect] in accordance with FGC's judgement of the causes of the laboratory's inability to produce appropriate results. Additionally, FGC may, at its sole discretion, make determinations and endeavor to make more than two attempts to get high quality DNA samples from a customer, by sending additional DNA kits thru arrangements mutually agreed upon between FGC and the customer.
C. Your Genetic Information is unique to you and your knowledge of it is irrevocable once revealed. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should understand that you may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father, surprising facts related to your ancestry). These outcomes could have social, legal, or economic implications.
D. Genetic Information you share with others may be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
E. Our whole genome products are designed for ancestry analysis. Our whole genome products include: (a) Y chromosome reports; (b) mitochondrial reports; (c) variant files (vcf) that are compatible with third party tools, such as Promethease; and (d) raw data (BAM files). Our whole genome products are designed solely for ancestry analysis. Nevertheless, the genomic data does contain encrypted health information, which customers, at their sole discretions and perils, may take either to a geneticist or genetic counselor or explore the data using third party tools. FGC has no intention or capacity to provide medical advices or medical reports based on the genomic data. The goal of our whole genome product is to provide comprehensive ancestry results. Customers may, however, choose to explore health results in consultation with appropriately qualified professionals from the genomic data.
You understand that our Services are not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health but are intended for research, informational, and educational purposes only.
You are responsible for maintaining the confidentiality of Account Information including your username and password, and are fully responsible for all activities that occur under your Account. If you allow third parties to access FGC's Website through your username and password, you will defend and indemnify FGC against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify FGC of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FGC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Limited License You acknowledge that any content presented to you as part of our Services, whether original FGC Services content or sponsored content within the Services (together “Content”), is protected by copyright and/or other intellectual property rights that are owned by FGC and/or the sponsors who provide that content to FGC (or by other persons or companies on their behalf). FGC grants you a Limited License to copy and distribute free of charge for non-commercial purposes only. When downloaded, the Content remains subject to the limited license contained in this Agreement. FGC and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by FGC or by the owners of that content, in a separate agreement. Violation of this Limited License provision may result in immediate termination of your account and may result in legal action against you.
Rules of Conduct Before using the Website or our Services, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests, e.g., privacy and intellectual property rights. You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive content to the Website. In addition, the following rules of conduct are part of this Agreement and must be followed anytime you access the Website or use our Services. FGC reserves the right to change these rules of conduct from time to time and the changes take effect when we post them on the Website.
Without limitation, no User of our Services or visitor to the Website may: Post, transmit, or display anything that is illegal, threatening, harmful, abusive or otherwise objectionable, including, but not limited to, actions that are harassing, invasive of another's privacy, degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, hateful or racially or ethnically objectionable. Post, transmit, or display content which is protected by copyright or trademark or that does not belong to you and that you do not have authorization for use from the owner of the copyright or trademark, including but not limited to email messages and notes in genealogical data communications (GEDCOMs). Post, share, transmit, upload, or display content which contains personal, proprietary or confidential information that you do not have a right to transmit, including, but not limited to, posting any photos of living individuals without their permission or posting anyone else's sensitive financial information, home or work address, phone number, or email address without their consent. Post or publish any information that you know is false or misleading, including, but not limited to, impersonating any person or entity, or falsely misrepresenting your affiliation with any person or entity, or falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of FGC or affiliated with FGC. Post, transmit or make available advertising, promotional materials, junk mail, chain letters or any other form of solicitation. Stalk or harass others, including, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language, or any other action that is hateful racially or ethnically, or is otherwise objectionable. Reproduce, copy or sell any portion of FGC Content[where "FGC Content" refers to proprietary FGC intellectual property, excepting data understood as scientific findings that are part of the customer's results or results that the customer has made available to a third party, currently understood as new SNP or InDel or STR findings relevant to genetic genealogy research, such as updates of phylogenetic trees], or systematically download Contents and data of FGC database to make or populate another database or for any other purpose. Interfere or attempt to interfere with the FGC Website, including, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any FGC-generated content or web pages, or to destroy the software, hardware or telecommunications equipment of another person. Stalk or harass any FGC employee, including, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language to any FGC employee, or abusing FGC resources, such as misusing an FGC employee’s time. Share your FGC account password with any unauthorized person, or permit a child under the age of 13 to publish information or post content under your FGC account. Use the FGC Websites for any illegal activity, or provide material which promotes or teaches illegal activity.
FGC PROHIBITS USERS, MEMBERS OR ANY OTHER PERSON FROM ENGAGING IN ANY ACTIVITY THAT FGC, IN ITS SOLE DISCRETION, DETERMINES IS OFFENSIVE, INTERFERES WITH THE RIGHTS OF OTHERS, INTERFERES WITH FGC’S BUSINESS, OR CAUSES HARM TO ANY PERSON, INCLUDING TO FGC AND ITS EMPLOYEES. VIOLATION OF, OR ACTING INCONSISTENTLY WITH, THE LETTER OR SPIRIT OF OUR RULES MAY RESULT, IN APPROPRIATE CONSEQUENCES AND AT OUR SOLE DISCRETION, SUSPENSION, CANCELLATION OR TERMINATION OF THE ACCOUNTS OF THE OFFENDING USER, AND SUCH VIOLATION MAY RESULT IN THE FORFEITURE OF ANY AND ALL FEES THAT THE USER HAS ALREADY PAID TO USE OUR SERVICES OR ANY OTHER FEE. THE PRECEDING SENTENCE SHALL NOT IN ANY WAY LIMIT ANY OTHER REMEDY, LEGAL, EQUITABLE OR OTHERWISE, THAT FGC MAY PURSUE.
The decision to upload User Provided Web Content to the Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of FGC, you agree to furnish FGC with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Web Content to the Website, you grant FGC a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release FGC from any and all claims, liens, demands, actions or suits in connection with the User Provided Web Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Web Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, FGC acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the User Provided Web Content you submit to us.
If you submit material to the Website on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consent from the group, organization or business. Some User Provided Web Content can be submitted to FGC and FGC will scan, image and/or create an index from the content you submit. In this situation, you grant FGC a license to the User Provided Content as described above and FGC will own the digital version of documents created by FGC as well as any indexed information that FGC creates.
You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing User Provided Web Content, you acquire no rights in any research or commercial products that may be developed by FGC or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or User Provided Web Content.
Modifications to this Agreement FGC has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your account by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
No Warranty YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (i) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FGC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (ii) FGC MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FGC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. (v) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. FGC DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, FGC SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limited Liability WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FGC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (iii) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Indemnity You agree to defend and hold FGC, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Personal Information you submit, post to, or transmit through the Services; your use of the Services; your connection to the Services; your violation of the Agreement; or your violation of any rights of another.
Termination The Agreement will continue to apply until terminated by either you or FGC as set out in this Section. If you want to terminate your legal agreement with FGC, you may do so by notifying FGC at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to FGC's address, which is set out at Section 17D of this Agreement, or online via www.fullgenomes.com. If you provide notice online, FGC will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you. FGC may at any time, terminate its legal agreement with you (and in conjunction therewith, your account(s)) if: (i) you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Agreement); (ii) FGC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) the partner with whom FGC offered the Services to you has terminated its relationship with FGC or ceased to offer Services to you; (iv) FGC is transitioning to no longer providing the Services to Users in the country or state in which you reside or from which you use the Services; or (v) the provision of the Services to you by FGC is, in FGC’s opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that FGC shall not be liable to you or any third party for any termination of your access to the Services.
Dispute Resolution If a dispute arises between you and FGC, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact FGC at firstname.lastname@example.org to describe the problem and seek a resolution. If that does not resolve the issue, then you and FGC agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within New York State for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND FGC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FGC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
A. Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FGC for any third party that assumes our rights and obligations under this Agreement.
B. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
C. No Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
D. Notice: Official correspondence to FGC must be sent via postal mail to: Full Genomes Corporation Attn: Customer Service 2275 Research Blvd, Suite 500, Rockville, MD 20850
E. Entire Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by FGC.
F. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. G. Section titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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