Terms of Service
GreenWay DNA Terms and Conditions of Service
Welcome to GreenWay DNA (“GreenWay”)! Thank you for using our Services. These Terms and Conditions of Service, as may be amended or modified as set forth herein (the “TOS”) set forth the agreement you are making with us, GreenWay (i.e. our mutual agreement), as to your rights and responsibilities when you use the GreenWay websites and services that link to or are subject to these TOS (collectively, the “Services"). By using the Services, your very actions constitute your acceptance of and agreement to these TOS. In effect, you are agreeing to the TOS and conditions set forth herein and by reference those set forth in other GreenWay documents, GreenWay websites and GreenWay offerings. For example, by using the Services, you are also agreeing to comply with our GreenWay Membership Rules, and you are representing that you have in fact read, understand and agree with our Privacy Statement, each of which are incorporated herein by reference. Please read these documents carefully as they contain important information. Further, as the applicable rules and regulations around privacy are constantly changing, the documents to which we refer, and the TOS and conditions contained therein, may change as well from time to time.
We expect our Services to expand and to likewise change, for the better, as the space in which we work (the analysis of customer DNA as it relates to medicinal treatments) becomes more sophisticated and robust. As such, when changes in our Services are made, we will be amending, modifying or adding separate terms and conditions, all of which will apply to your use of our Services. Understandably, any such modification or additions will be specified with the relevant services, and shall be incorporated in and become a part of your agreement with us, to the extent you use those services. Note; in some instances, separate TOS may also apply to certain special offers or promotions of GreenWay. To the extent the rules of a promotion or special offer conflict with these TOS, those special TOS shall prevail. Again, we expect and intend to constantly change and improve our Services, thus, we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these TOS or our Services, please contact us via the GreenWay DNA website.
With regard to your privacy, please understand that it is of paramount importance to us. Our Privacy Statement sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please take the time to carefully read the Privacy Statement in its entirety i. Lastly, any sharing of Genetic Information for scientific research is governed by our Informed Consent to Research, the terms and conditions of which only apply to you upon your express agreement to participate.
Important Things for You to Understand When You Use Our Services
- You always maintain ownership (right, title and interest) of your data. We, however, need the ability to use your data for the purposes set out in our Privacy Statement and these TOS, and, if you agree, in our Informed Consent to Research.
- As we are constantly striving to improve the Services, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these TOS.
- You may at any time request that we delete your data and account, as described in our Privacy Statement.
- Eligibility to Use the Services
Users of the Services, in addition to paid subscribers and people who purchase and/or activate a GreenWay account or kit (collectively, “Users”).
As expected, you may need to and likely will have to create an account to avail yourself to the Services. To protect your GreenWay account, you will need to and are expected to keep your password confidential.
To enjoy the benefits of the Services and get the most out of your GreenWay experience, you must provide accurate, complete and current registration information at the time you register and keep that information current to the extent it changes over time for whatever reason (i.e. e-mail address, etc.). The Services are intended for adults (18 or older) in the countries where they are being offered.
GreenWay Services: You must be at least 18 years old to purchase or activate a GreenWay DNA collection kit (the “GreenWay DNA Kit”). To protect your privacy when you share your DNA with us, each adult who submits a saliva sample for a GreenWay DNA Test must go to the GreenWay DNA website and create their own GreenWay account. Additionially, depending on the country where the person providing the saliva sample is located, such person may also be required to explicitly consent to the processing of sensitive personal information when they activate their GreenWay DNA Kit. A parent or legal guardian may activate a GreenWay DNA Kit, provide us Personal Information, and send us the saliva sample of a minor child for processing using an account for that child that is directly and solely managed by the parent or legal guardian. By activating a GreenWay DNA Kit for or submitting any Personal Information about a minor, you represent that you are in fact the minor's parent or the minor’s legal guardian. You also agree that you have discussed the GreenWay DNA Kit and the Services with the minor and the minor has agreed to the collection and processing of their saliva.
- Your Use of the Services
Requirements for Using the Services: In exchange for your access to the Services, including the DNA Services described herein, you are acknowledging that you have read, understand and agree:
- To comply with the GreenWay Membership Rules;
- To comply with all applicable laws;
- Not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these TOS;
- Not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- You are responsible for all usage and activity on the Services made via your Greenway account; and
- You will contact us if you suspect your Greenway account has been breached or used without your authorization.
- Additional TOS Applicable to Your Use of the GreenWay Services
As used in these TOS, the “DNA Services” refers to the use of our GreenWay Kit, processing and handling of your DNA sample, genetic testing of your DNA sample, and our web or internet features and tools that provide you with, among other information GreenWay deems relevant, genetically-related results and new discoveries, if any, made as related to your DNA.
The purpose of the DNA Services is to provide genetic results and related reports for your informational, educational and research use.
Requirements for Using the DNA Services: By using the DNA Services you further agree that:
- You will not resell GreenWay DNA Test kits, except to the extent a separate vendor or reseller agreement has been executed;
- Any saliva sample you provide is either your own saliva or the saliva of a person for whom you are the parent or legal guardian;
- You will not send or submit to GreenWay a saliva sample if you have reason to believe you or in the case of your child have an infectious disease;
- If you are outside the U.S, you will not send or submit to GreenWay a saliva sample if sending such a sample would violate any export ban or other restriction in the country in which you reside or from which you are sending the sample;
- You will not use the DNA Services outside of the country to which your GreenWay DNA Kit was shipped;
- That by providing a DNA sample or Additional User Information to us, you acquire no rights in any research or commercial products developed by us or our collaborators and will receive no compensation related to any such research or product development; and
- You will not use the information obtained from the Services (including any downloaded raw DNA data) in whole, in part and/or in combination with any other database, for any medical, diagnostic or paternity testing purpose or for any discriminatory purpose or illegal activity.
You also agree that GreenWay may directly or through other companies with whom we may work or who help us provide the Services:
- Provide your saliva sample and DNA to other companies that help us provide the Services, such as laboratories;
- Extract your DNA from your saliva;
- Perform genetic tests in the United States (or, in the future, in other countries) on the resulting DNA using test methods available now or developed in the future;
- Compare your DNA results with other DNA data in the GreenWay database to provide the Services;
- Disclose to you, and others that you authorize, the results of the Services and tests performed;
- Store your DNA results in accordance with these TOS and the Privacy Statement;
- Store your saliva and any extracted DNA in the United States or destroy any remaining saliva or DNA sample after your sample has been processed; in any case, once submitted to us, your saliva and DNA sample cannot be returned to you;
- Allow our laboratory partners to use a portion of activated or un-activated saliva samples to calibrate or validate instruments, equipment, or laboratory methods used in providing the Services; and
- Use your Genetic Information and other Personal Information as described in these TOS and the Privacy Statement.
If you choose to download a copy of your raw DNA data, you are responsible for storing, securing and protecting that downloaded data. While we protect your information in our web and data systems, once you download the raw DNA data, that copy will not be protected by our security measures. Your raw DNA data is for your personal use only and should not be used for medical, diagnostic or paternity testing purposes. To the extent you use the data in such a fashion, you agree to indemnify GreenWay and hold us harmless of any claims or damages related thereto.
- Renewals and Cancellations for GreenWay Services
Your subscription(s) to the Services and your purchase and use of the Services are subject to the Renewal and Cancellation TOS, which are incorporated herein.
- Content Used in the Services
GreenWay Content: The Services may contain other content that are owned by or are licensed to GreenWay. We refer to this content as “GreenWay Content.” All GreenWay Content is owned by or licensed to us and may be used only in accordance with these TOS. You may use the GreenWay Content only as necessary for your personal use of the Services and download the GreenWay Content only as expressly permitted by GreenWay.
With respect to GreenWay Content, you agree:
- To keep all copyright and other proprietary notices on any GreenWay Content you download or print; and
- Not to distribute, republish, or sell significant portions of any GreenWay Content.
Public Domain Content: Some GreenWay Content may be in the public domain, and yet also subject to restrictions on reuse. We refer to GreenWay Content in the public domain as “Public Domain Content.” If you have any questions about your use of Public Domain Content, please contact us.
Personal Information and User-Provided Content: When you use the Services, you provide us with different types of information. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us (for example, via the questions asked in the DNA Kit or on-line upon registration), see our Privacy Statement. You may ask us to delete your Personal Information as explained in our Privacy Statement. In these TOS, we refer to this type of information as “User-Provided Content.”
With respect to User-Provided Content, you agree that:
- You are solely responsible for your User-Provided Content;
- You represent and warrant that you have all the necessary rights to use your User-Provid ed Content and that if applicable, it complies with the GreenWay Membership Rules; and
- You will provide GreenWay, upon our request, with any documentation necessary to evidence your compliance with these TOS.
GreenWay has no responsibility or liability related to User-Provided Content. While we do not routinely monitor User-Provided Content, we do reserve the right to do so and to use automated tools that monitor User-Provided Content for violations of these TOS, including, the GreenWay Membership Rules. We reserve the right, but do not have the obligation, to remove or disable access to any User-Provided Content that we believe violates these TOS, including the GreenWay Membership Rules.
Additional User Information. You may voluntarily choose to provide additional information about yourself to GreenWay, say for example, in response to our email surveys, or through the Services (“Additional User Information”). Additional User Information does not include account, profile, payment, or usage details necessary to provide the Services, or any User-Provided Content.
Ownership of Personal Information, Additional User Information and User-Provided Content: You own your Personal Information, Additional User Information, and User-Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information (particularly, your Genetic Information) and Additional User Information, if any, in order to (a) provide the Services to you, (b) for the purposes described in these TOS and our Privacy Statement, and (c) for any other purpose to which you expressly agree. Also, by submitting User-Provided Content, if any or if ever, through any of the Services, you grant GreenWay a sub-licensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User-Provided Content 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. This includes the right for GreenWay to copy, display, and index your User-Provided Content. GreenWay will own the indexes it creates. We will also have the right to continue to use your User-Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.
Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all GreenWay Content in the Services.
- Termination or Suspension of Your Account
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these TOS or, the GreenWay Membership Rules. In such a case, you will not be entitled to a refund of subscription fees or the purchase price of a GreenWay DNA Kit.
- Modifications to these TOS
We have the right to modify these TOS or any additional TOS that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty (30) days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the TOS will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription by contacting us.
- 8. Warranty
While we hope you enjoy using our Services, there are things we don't promise about our Services.
EXCEPT AS EXPRESSLY SET OUT IN THESE TOS, WE PROVIDE THE SERVICES AND THE GREENWAY CONTENT TO YOU ON AN “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES (A) ABOUT THE GREENWAY CONTENT, (B) ABOUT THE SPECIFIC FUNCTIONALITY OF THE SERVICES, (C) ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR AVAILABILITY OF THE GREENWAY CONTENT OR SERVICES, OR (D) THAT THE GREENWAY CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limit of Liability
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these TOS, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described . Our total liability in any matter related to the Services or these TOS is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.
- Your Indemnity
You agree that you will indemnify and hold GreenWay, our employees, and our agents harmless from any claims, damages, or other expenses (including reasonable attorney's fees) that result from your use of the Services and (a) your violation of these TOS or other documents incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to User-Provided Content, if any, including a claim that User-Provided Content caused damage to another person. This indemnification obligation will survive even after you stop using the Services. In addition, you release GreenWay from all claims, demands, actions, or suits in connection with User-Provided Content, if any, including any liability related to our use or non-use of such User-Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
- 1 Controlling Law
If you access the Services on our websites in the United States, the laws of the State of Oregon and as applicable, those of the United States of America, govern these TOS and the use of the Services. All claims brought in the United States will be subject to the jurisdiction of the courts of the State of Oregon.
- 1 Dispute Resolution
We work hard to keep you satisfied. If a dispute arises between you and GreenWay, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
For U.S. Customers:
If your dispute is not resolved within thirty (30) days after contacting us, then you and GreenWay shall resolve it through final and binding arbitration, with the following three exceptions:
- You may assert your dispute, if it qualifies, in small claims court.
- Both you and GreenWay may bring a suit in court in the state of Oregon only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
- If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.
If you have a subscription and you terminate for our breach after providing us with a thirty (30) day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.
Arbitration Rules: To begin an arbitration proceeding, send a certified letter requesting arbitration and describing your claim to the GreenWay Legal Department, PO Box 51195, Eugene, Oregon 97405 Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and will be held in the State of Oregon.
No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Injunctive Relief: If you use the Services in violation of these TOS, we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.
This dispute resolution process will continue after you have stopped using the Services.
- 1 Miscellaneous
GreenWay Parties: You are entering into these TOS with GreenWay DNA, Inc. All references to GreenWay, “us” or “we” in these TOS refer to GreenWay DNA, Inc.
Entire Agreement: These TOS, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and GreenWay regarding your use of the Services and supersede any prior agreements we may have relating to the Services.
Notification of Changes to the Services: GreenWay may contact you within the Services, via email or physical mail to inform you of changes to the Services or these TOS. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.
Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These TOS are personal to you and, as a result, you may not, without the written consent of GreenWay, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
If GreenWay is Acquired: If GreenWay or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), GreenWay has the right to share your Personal Information, User-Provided Content, if any, and Additional User Information with that entity. These TOS will continue to apply to the Services until you receive notification of changes to the TOS or Services.
Severability: The unenforceability of any particular section or clause in these TOS will not affect the enforceability of the remaining TOS. We may replace any unenforceable section or clause with a similar one that is enforceable.
No Waiver: Our failure to enforce any provision of these TOS is not a waiver of our rights under that provision.
Fair Credit Reporting Act: GreenWay is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).