Terms of Service
- “MedComp Gx” means MedComp Gx, LLC, whose principal place of business is at 20203 McHost Rd, Zachary, LA 70791.
- “Service” or “Services” means MedComp Gx’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. MedComp Gx collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your cheek cells by MedComp Gx or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to MedComp Gx.
- “SelfReported Information” is all information about yourself, including your disease conditions, other health related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your MedComp Gx account.
- “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials other than Genetic Information and SelfReported Information generated by users of MedComp Gx Services and transmitted, whether publicly or privately, to or through MedComp Gx.
- “Web Behavior Information” is information on how you use the MedComp Gx website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- “Aggregated Genetic and SelfReported Information” is Genetic and SelfReported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individuallevel information while still providing scientific evidence.
Acceptance of Terms
Your use of MedComp Gx’s Services (excluding any services provided by MedComp Gx under a separate agreement) is subject to the terms of the legal and binding agreement between you and MedComp Gx set forth in these Terms of Service. Except as specified herein, these Terms of Service apply to any use of the Services, including but not limited to (i) submitting a cheek cell sample for DNA extraction and processing and/or (ii) creating and using a free MedComp Gx account without providing your cheek cell sample or Genetic Information. In order to use the Services, you must first agree to the Terms of Service. You may not use the Services if you do not accept the Terms of Service. You can accept the Terms of Service by (1) creating a free MedComp Gx account; or by (2) actually using the Services. In the latter case, you acknowledge and agree that MedComp Gx will treat your use of the Services as acceptance of the Terms of Service from that point onwards. In addition, when using particular MedComp Gx Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. MedComp Gx also may offer other services from time to time that are governed by different terms of service.
- Whether you submit your own cheek cell sample, a cheek cell sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the Terms of Service if (1) you are not eighteen (18) years of age or older or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
- If your use of the Services includes creating a MedComp Gx account, without submitting a cheek cell sample or otherwise providing Genetic Information, you must be thirteen (13) years of age or older to use the Services and accept the Terms of Service.
DESCRIPTION OF THE SERVICES
The Services include access to the MedComp Gx public website and personal pharmacogenomics services, including the collection and analysis of your cheek cell sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided “ASIS” and are based on the current state of the art of genetic research and technology in use by MedComp Gx at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, MedComp Gx is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MedComp Gx provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that MedComp Gx may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at MedComp Gx’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform MedComp Gx when you stop using the Services unless you are requesting closure of your account. MedComp Gx assumes no responsibility for the use of Services outside the terms of this Terms of Service or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access webbased content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while MedComp Gx may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by MedComp Gx at any time, at MedComp Gx’s discretion.
RISKS AND CONSIDERATIONS REGARDING MEDCOMP GX SERVICES
Once you obtain your Genetic Information, the knowledge is irrevocable. 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 also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from MedComp Gx or from your physician or other health care provider.
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.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your cheek cells do not contain a sufficient volume of DNA, you do not provide enough cheek cells, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, MedComp Gx will offer to send another 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 MedComp Gx, 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 MedComp Gx’s attempts to process the second sample are unsuccessful, MedComp Gx 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 MedComp Gx, 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, MedComp Gx 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 uninterpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
You should not change your health behaviors solely on the basis of information from MedComp Gx. Your pharmacogenomics testing results will be sent to your registered account after a qualified healthcare provider has reviewed your results with you. Your provider will interpret your testing results and discuss your Genetic Information with you. You should wait until you have discussed your testing results and Genetic Information with your physician(s) or other health care provider before you act upon the Genetic Information resulting from MedComp Gx Services. You should not make any decisions regarding medications that have been prescribed to you by a physician or other healthcare provider, including decisions regarding changes in dosage or cessation of taking any prescribed medication, until you have discussed your Genetic Information with a physician or healthcare provider.
Genetic research is not comprehensive. While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Genetic Information you share with others could 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 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.
Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about your health or health conditions and you do not disclose this to them, this may be considered to be fraud.
MedComp Gx Services are for informational and educational use only. We do not provide medical advice. The Genetic Information provided by MedComp Gx is for informational and educational use only. Many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. The Services are not intended to be used by the client for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
MedComp Gx does not endorse, warranty or guarantee the effectiveness of any specific course of action, prescription or non-prescription medication or drugs, resources, tests, physician or other health care providers, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic and SelfReported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, MedComp Gx believes that (a) genomics is only part of the picture of any individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by MedComp Gx, MedComp Gx employees, others appearing on our website at the invitation of MedComp Gx, or other visitors to our website is solely at your own risk.
While we are licensed in Louisiana and Tennessee as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for genetic testing conducted for healthrelated purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses.
By accessing MedComp Gx Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from MedComp Gx is not designed to independently treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the MedComp Gx services are intended for research, informational, and educational purposes only, and that while MedComp Gx information might point to a possible or better treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that MedComp Gx urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
- You understand that MedComp Gx does not promote, sell, or otherwise endorse any specific prescribed medication, over-the-counter medication, and/or supplement. Further MedComp Gx is not owned, affiliated or sponsored by a pharmaceutical company or medicine manufacturer of any kind.
- You give permission to MedComp Gx, its contractors, successors and assignees to perform genomics testing services on the DNA extracted from your cheek cell sample and you specifically request MedComp Gx to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
- You represent that you are eighteen (18) years of age or older if you are providing a cheek cell sample or accessing your Genetic Information.
- You are guaranteeing that any sample you provide is your cheek cell or, if you are agreeing to these Terms of Service on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
- If you are a client outside the U.S. providing a cheek cell sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
- You agree that any cheek cell sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self Reported Information.
- You understand that all your Personal Information will be stored in MedComp Gx databases and will be processed in accordance with the MedComp Gx Privacy Statement.
- Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing SelfReported Information, you acquire no rights in any research or commercial products that may be developed by MedComp Gx 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 SelfReported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations MedComp Gx has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify MedComp Gx and its subsidiaries, parent companies and affiliates against any liability, costs, or damages arising out of the breach of the representation.
ACCOUNT CREATION, CUSTOMER ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if MedComp Gx has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, MedComp Gx has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will need to create a password and account designation in order to purchase our Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access MedComp Gx’s website through your username and password, you will defend and indemnify MedComp Gx and its subsidiaries, parent companies and affiliates 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 MedComp Gx of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
MedComp Gx cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
MEDCOMP GX PRIVACY STATEMENT AND DISCLOSURE OF INFORMATION
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not MedComp Gx, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
Finally, MedComp Gx may, in its sole discretion, restrict access to the website for any reason.
RESPONSIBILITY FOR USER CONTENT
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not MedComp Gx, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
CUSTOMER CONDUCT - UNLAWFUL AND PROHIBITED USE
As a condition of your use of the Services, you warrant to MedComp Gx that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to:
- Use MedComp Gx Services in an effort to obtain confidential information or intellectual property belonging to MedComp Gx, including but not limited to its website platform; format of testing results, copyrighted materials, sales and marketing materials, and manner and method of carrying out its business operation.
- Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, offensive, or that might reasonably be construed as harassment or disparagement.
- Impersonate any person or entity, including, but not limited to, anyone affiliated with MedComp Gx, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- Download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner.
- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of MedComp Gx or any other party.
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by MedComp Gx.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of MedComp Gx’s website.
- Attempt to or actually override any security component of MedComp Gx web services.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
- Violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with MedComp Gx.
- Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that MedComp Gx has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which MedComp Gx may suffer) of any such breach. In case of breach of any one of these agreements MedComp Gx has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify MedComp Gx and its subsidiaries, parent companies and affiliates against any liability, costs, or damages arising out of the breach of the representation.
If MedComp Gx has a reasonable ground to suspect that you have violated the terms of this Section, MedComp Gx has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access MedComp Gx’s Services online.
MATERIAL POSTED THROUGH THE SERVICE
MedComp Gx will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such nonMedComp Gx content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will MedComp Gx be liable in any way for any nonMedComp Gx content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that MedComp Gx and its designees, without creating any obligation to do so, shall have the right in their sole discretion to prescreen, review, filter, modify, refuse, or move any content that is available via the Services and MedComp Gx and its designees shall have the right to remove any content that violates the Terms of Service or is deemed by MedComp Gx, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
MATERIAL PROVIDED TO MEDCOMP GX - YOUR PROPRIETARY RIGHTS
User Content. MedComp Gx does not claim ownership of the User Content you provide to MedComp Gx. However, by submitting, posting, or displaying User Content, you give MedComp Gx, its affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royaltyfree, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for MedComp Gx to make such User Content available to other companies, organizations, or individuals with whom MedComp Gx has relationships, and to use such User Content in connection with the provision of those services.
You understand that MedComp Gx, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit MedComp Gx to take these actions. You represent and warrant to MedComp Gx that you have all the rights, power, and authority necessary to grant the above license.
Genetic and/or SelfReported Information. Disclosure of individuallevel Genetic and/or SelfReported Information to third parties will not occur without explicit consent, unless required by law. Note that MedComp Gx cannot control any further distribution of Genetic and/or SelfReported Information that you share publicly on the MedComp Gx website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that MedComp Gx has no obligation to do so on your behalf.
Your cheek cell sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your cheek cell remains your information, subject to rights we retain as set forth in these Terms of Service. You understand that you should not expect any financial benefit from MedComp Gx as a result of having your Genetic Information processed or made available to you.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing SelfReported Information, you acquire no rights in any research or commercial products that may be developed by MedComp Gx 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 SelfReported Information.
You agree to defend and hold MedComp Gx, and its subsidiaries, parent companies, 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 User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms of Service; or your violation of any rights of another.
NO RESALE OF SERVICE
Other than pursuant to the terms of a separate written agreement between you and MedComp Gx, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MedComp Gx may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on MedComp Gx’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that MedComp Gx has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events.
You further acknowledge that MedComp Gx reserves the right to change these general practices and limits in its sole discretion.
MODIFICATIONS TO SERVICE
MedComp Gx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the MedComp Gx features or Services, and (ii) MedComp Gx shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from MedComp Gx. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit MedComp Gx to deliver these to you) as part of your use of the Services.
You acknowledge that MedComp Gx may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
The Terms of Service will continue to apply until terminated by either you or MedComp Gx as set out in this Section.
If you want to terminate your legal agreement with MedComp Gx, you may do so by notifying MedComp Gx 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 MedComp Gx’s address, which is set out at the beginning of the Terms of Service, or online via Customer Care. If you provide notice online, MedComp Gx 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.
MedComp Gx may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service); (2) MedComp Gx is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) MedComp Gx 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 (4) the provision of the Services to you by MedComp Gx is, in MedComp Gx’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 MedComp Gx shall not be liable to you or any third party for any termination of your access to the Services.
SURVIVAL OF TERMS
When the Terms of Service come to an end, all of the legal rights, obligations, and liabilities that you and MedComp Gx have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the any remaining applicable provisions of this Terms of Service shall continue to apply to such rights, obligations, and liabilities indefinitely.
DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings with, or participation in promotions of, information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that MedComp Gx shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
HYPERLINKS AND THE MEDCOMP GX WEBSITE
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because MedComp Gx has no control over such sites and resources, you acknowledge and agree that MedComp Gx is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MedComp Gx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
MEDCOMP GX’S PROPRIETARY RIGHTS
You acknowledge and agree that MedComp Gx (or MedComp Gx’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services regardless of whether those rights happen to be registered or wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MedComp Gx and that you shall not disclose such information without MedComp Gx’s prior written consent.You acknowledge and agree that MedComp Gx (or MedComp Gx’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services regardless of whether those rights happen to be registered or wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MedComp Gx and that you shall not disclose such information without MedComp Gx’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MedComp Gx, you agree not to or permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end users through the Services, is the copyrighted work of MedComp Gx and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
MedComp Gx, LLC, MedComp Gx, and other MedComp Gx logos and product and service names are trademarks of MedComp Gx and these marks together with any other MedComp Gx trade names, service marks, logos, domain names, and other distinctive brand features are the “MedComp Gx Marks”. Unless you have agreed otherwise in writing with MedComp Gx, nothing in the Terms of Service gives you a right to use any MedComp Gx Marks and you agree not to display, or use in any manner, MedComp Gx Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by MedComp Gx, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, MedComp Gx grants you a personal, nontransferable, and nonexclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MedComp Gx, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MedComp Gx, in the manner permitted by the Terms of Service. Unless MedComp Gx has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MedComp Gx for use in accessing the Service. Any rights not expressly granted herein are reserved.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDCOMP GX 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 NONINFRINGEMENT. (2) MEDCOMP GX MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERRORFREE; (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. (3) 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MedComp Gx OR THROUGH OR FROMTHE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MEDCOMP GX DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MEDCOMP GX SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MEDCOMP GX 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 MedComp Gx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. MedComp Gx may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this Terms of Service must be sent to us at:
MedComp Gx, LLC
ATTN: CUSTOMER RELATIONS – TERMS OF SERVICE
20203 McHost Road
Zachary, LA 70791
Additionally, MedComp Gx accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
CHANGES TO THE TERMS OF SERVICE
MedComp Gx may make changes to the Terms of Service from time to time. When these changes are made, MedComp Gx will make a new copy of the Terms of Service available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the Terms of Service have changed, MedComp Gx will treat your use as acceptance of the updated Terms of Service.
VIOLATION OR SUSPECTED VIOLATION OF TERMS OF SERVICE
If you violate the terms of these Terms of Service and/or MedComp Gx has a reasonable ground to suspect that you have violated the terms of these Terms of Service, MedComp Gx has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Entire Agreement. The Terms of Service constitute the entire agreement between you and MedComp Gx and govern your use of the Services, superseding any prior agreements between you and MedComp Gx on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, thirdparty content, or thirdparty software.
Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with MedComp Gx arising out of or relating to the Agreement (“Disputes”) shall be governed by Louisiana law regardless of your country of origin or where you access MedComp Gx, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Baton Rouge, Louisiana, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Waiver. The failure of MedComp Gx to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Time Period for cause of action. You agree that regardless of any code article, statute or other law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
Amendments. We reserve the right to modify, supplement or replace any term or terms of this Terms of Service, effective upon posting at www.MedComp Gx.com or notifying you otherwise. If you do not want to agree to changes to the Terms of Service, you can terminate the Agreement at any time per Section 18 (Termination).
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, MedComp Gx for any third party that assumes our rights and obligations under this Agreement.
* MedComp Gx, LLC is headquartered at 20203 McHost Road, Zachary, Louisiana and is referred to herein as MedComp Gx (or “we” or “our”) and includes our subsidiaries, parent companies, affiliates and all other commonly owned companies.
** This Terms of Service was last updated on June 1, 2015.