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CRI Genetics is subject to your compliance with the terms and conditions set forth below (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CRI Genetics WEBSITE. BY ACCESSING OR USING CRI Genetics YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE CRI Genetics THE RIGHT TO USE CRI Genetics IS, FOR YOU, PERSONAL, AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.
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CRI Genetics is an interactive online service on the World Wide Web portion of the Internet, owned and operated by CRI Genetics. (“CRI Genetics”), and consisting of independent reviews and evaluations based on our judgement of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations, or suggestions about what products or services are either ‘best bets’, ‘top-rated’, ‘suggested’, or in some way ‘recommended’, and rankings of third party reviews and other information sources across multiple categories. “Content” means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on CRI Genetics, whether such Content is owned by CRI Genetics or third parties. “User” means each person who establishes or accesses a connection for access and for use of CRI Genetics .
(A) User shall use CRI Genetics for lawful purposes only. User shall not post or transmit through CRI Genetics any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CRI Genetics to products or services. Any conduct by a User that in CRI Genetics discretion restricts or inhibits any other User from using or enjoying CRI Genetics will not be permitted. User shall not use CRI Genetics to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with CRI Genetics.
CRI Genetics includes a blog with a User comments section which allows Users to post information, provide feedback to CRI Genetics and its affiliates, and interact in real-time. Users will be responsible for, and indemnify and hold harmless CRI Genetics, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that they post or transmit. Although CRI Genetics and its affiliates may from time to time monitor or review discussions, postings, transmissions, bulletin boards and other User and member generated pages on CRI Genetics neither CRI Genetics nor its affiliates is under any obligation to do so. Users acknowledge that CRI Genetics and its affiliates do not control the information available in the blog comments section, bulletin boards, and other User generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any blog comments section, bulletin board or on any other User generated pages are those of their respective authors who are solely liable for their content. CRI Genetics and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the User comments section, bulletin boards or on any other User generated pages.
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(C) User shall not upload, post or otherwise make available on CRI Genetics any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to CRI Genetics, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants CRI Genetics the right to edit, copy, publish and distribute any material made available on CRI Genetics by User.
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(C) IN NO EVENT WILL CRI Genetics , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CRI Genetics , BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE CRI Genetics . USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CRI Genetics . IN ANY EVENT, CRI Genetics ’S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO CRI Genetics OR 25 DOLLARS ($25.00).
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. CRI Genetics SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT CRI Genetics IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(E) CRI Genetics DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON CRI Genetics TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. CRI Genetics IS NOT AFILIATED WITH, OR SPNSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING CRI Genetics .
CRI Genetics shall have the right, but not the obligation, to monitor the Content of CRI Genetics , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CRI Genetics , and to satisfy any law, regulation or authorized government request. CRI Genetics shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on CRI Genetics . Without limiting the foregoing, CRI Genetics shall have the right to remove any material that CRI Genetics , in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.
User agrees to defend, indemnify and hold harmless CRI Genetics , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, based upon or arising out of the use of CRI Genetics by User.
Either CRI Genetics or User may terminate this Agreement, and the right to access CRI Genetics , at any time. The provisions of Sections 2(B), 2(C), 3, 5, 7, 9 and 10 shall survive termination of this Agreement.
CRI Genetics is a pending trademark, and CRI Genetics is intellectual property owned by CRI Genetics . All rights reserved. All other trademarks appearing on CRI Genetics are the property of their respective owners.
This Agreement and any operating rules for CRI Genetics constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by CRI Genetics for any violation of CRI Genetics ’s proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Los Angeles, California, USA.
All capitalized have the same meaning as defined in the Terms and Conditions and Privacy Statement unless defined otherwise herein.
A. Storing your DNA Samples: Using your DNA Samples on further Analysis1. By allowing CRI Genetics to store your DNA Sample and/or extract Genetic Information from your DNA Sample, you hereby consent to CRI Genetics and its employees and/or contractors access and analyze your DNA Sample, using all technologies which are or may become available to CRI Genetics, now or in the future, in a manner consistent with the Terms and Conditions and Privacy Statement. Unless you are notified otherwise, your DNA Sample will be stored by us for a maximum of one year at our laboratory. In the event we need to re-analyze your sample, we may contact you at the email address, phone number, or mailing address we have on file as you have previously provided. All further use of your DNA Sample will be in adherence to the terms provided in our Terms and Conditions and Privacy Statement.
2. Some research participants may have their DNA reanalyzed using additional technologies. Such reanalysis may focus on particular genes or regions, on particular portions of the genome, or on the whole genome. While the field of large-scale sequence analysis is still in its early stages, CRI Genetics can use methods currently being developed to compare sequence data with large public databases of genetic variation to identify and characterize functional genetic variation. Depending on the type of study, the sample sizes required may vary considerably. As the methods for analysis become better developed, the studies with whole exome and genome data will establish better estimates of appropriate sample sizes. Presently, cost and capacity of providers may be the most likely reason for limiting sample sizes. Any additional data collected will be used in accordance with CRI Genetics policies and with the prior written consent of the participant.
B. Informed Consent
1. Overview: What is the CRI Genetics Research Project, and What Are You Agreeing To?
At CRI Genetics, part of our mission is to make and support meaningful scientific discoveries in the world of human genetics, genealogy, anthropology, cosmetics, nutrition, and health. We seek to enable our customers to participate directly in such research. CRI Genetics is beginning to enroll participants from among its customers in this project, which we call the CRI Genetics Research Project (“GRP”). Specifically, GRP refers to research for potential future publication in peer-reviewed journals and research funded by the federal government (such as the National Institutes of Health - NIH). The GRP study aims to: (1) Discover genetic factors behind diseases and traits; (2) Uncover connections among diseases and traits; (3) Learn about human migration and population history through genetics; (4) Understand how people react to their personal genetic information; and (5) develop new or improved diagnostic tools and therapies to treat diseases or other conditions (collectively “GRP Objectives”).
By consenting to participation in the GRP, you agree that all Genetic Information and DNA Samples submitted by you to us (as further described below) through your use of the CRI Services (As defined in the Terms and Conditions) can be collected and used for any type of research consistent with the GRP Objectives. Such consent shall be deemed granted and in effect until the GRP has completed or has ended. You acknowledge that such end date may occur many years from now. Anyone who has purchased the DNA Service can voluntarily participate in the GRP at any time.
If you are the parent or guardian of a Minor who wishes to participate in the GRP, you should talk with the Minor and go over the information in this Consent Document with him/her before you and the Minor make a decision about whether to participate in the GRP.
This Consent Document is not applicable to the use of your data for product research and development. For information on that use, see our applicable privacy statements and terms and conditions.
2. How Do You Participate?
To participate in the GRP, you must review this Consent Document and choose to participate by doing the following: (1) Read and accept the Terms and Conditions and Privacy Statement for the CRI Services; and (2) Check the box indicating that you are providing your consent to participate in the GRP. Once you provide consent, we will use the information you provide for the GRP.
Participation consists of (1) allowing CRI Genetics researchers to use the Genetic Information extracted from your DNA Sample for research in connection with the GRP, and (2) entering data about yourself when creating your User Account by way of surveys, individual questions, and other methods where you provide information. Though all of the information collected will remain anonymous, if you do not feel comfortable providing a piece of information, you may choose not to answer that question. You may choose to take all, some, or none of the surveys.
The GRP is open-ended: new surveys and features may be added on a continuing basis. If new surveys or features are added, you may receive an email update or see an announcement when you sign in to your User Account. We might invite you to participate in a specific study if your Genetic Information matches a specific area of interest. Though CRI Genetics is not required to and is under no such obligation to do so, for your participation, monetary, cash equivalents such as gift certificates or discounts on future CRI Genetics service purchases, or charitable donations (up to a value of $30 per half hour of expected time) may be provided, at CRI Genetics sole discretion, as compensation for your time. Your participation in the GRP is completely voluntary.
3. What Data is Used and How is it Used?
The GRP collects preserves and analyzes genealogical lineage, historical records, surveys, Genetic Information, Personal Information, and other records (collectively, "GRP Research Data") provided by Users. The GRP Research Data, and specifically Your Genetic Information, may be used to discover links between genetic markers, non-genetic markers, traits, diseases, nutrition, behaviors and other characteristics; to study human migrations and population history; or to assess how people respond to personal genetic information. This research could lead to discoveries which better help us understand the basic causes of disease, or could develop drugs or other treatments and/or preventive measures, or predict a person's risk of disease. The intent of the GRP is to study topics spanning over a wide range of traits and conditions, from common to rare. Such topics include simple traits such as hair color or freckles, serious diseases such as Parkinson's disease or diabetes, and less serious conditions such as migraine headaches or responses to over-the-counter drugs. Some of these studies may be sponsored by or conducted on behalf of third parties, such as non-profit foundations, academic institutions or pharmaceutical companies.
This study may cover potentially sensitive topics such as sexual orientation, illicit drug use or other illegal behavior, or HIV/AIDS status. When CRI Genetics conducts studies on such sensitive topics, you will be provided additional information to help you decide whether you want to participate in research on these topics.
If we or a third party wants to conduct a study (1) on topics unrelated to the GRP, or (2) using GRP Research Data beyond what is described in this Consent Document, we will re-contact you to seek your specific approval. In addition, we may contact you to ask you to complete a questionnaire or to ask you if you are willing to be interviewed about the GRP or other matters.
4. How is Your Data Protected?
The CRI Genetics Privacy Statement describes how we protect your privacy while operating the CRI Services and other business matters. These same procedures are used by us to protect your GRP Research Data. CRI Genetics uses a range of physical, technical, and administrative procedures to protect the privacy of your Personal Information, including your GRP Research Data. GRP Research Data obtained through the GRP will be stored in our secure databases in the United States.
By agreeing to this Consent Document, you consent to our use of your GRP Research Data in additional ways. Specifically, CRI Genetics researchers may use your GRP Research Data for research that will be published in scientific journals, or that is sponsored by the National Institutes of Health and certain other organizations.
Similar to how CRI Genetics operates its business, CRI Genetics researchers aim to minimize the chances of a privacy breach while conducting research. We do that by:
i. Restricting CRI Genetics researchers who conduct the statistical analyses from access to Personal Information (name, address, email address, user ID, password, or credit card) of customers, and limiting the researchers who do interact with research participants and thus have access to names and contact information of participants, to a very limited amount of Genetic and Personal Information
ii. Only allowing CRI Genetics researchers to either:
a. publish only data pooled across multiple customers or
b. publish only very limited, non-identifying information of a single individual
iii. Training all CRI Genetics employees on how to work with human research participants. In addition, all CRI Genetics researchers are trained on how to conduct research responsibly.
5. What are the costs, risks, and benefits of participating?
There will be no cost to participants for participating in the GRP. There will be no financial compensation paid to you for your participation in the GRP. However, the GRP is intended to assist academics or researchers to better understand the human species, learn or confirm certain facts and make predictions about future trends. Your participation may help advance scientific or medical knowledge. It is not anticipated that the GRP will provide significant benefits to an individual participant, and research results will not be communicated by Researchers to you. Based on the results of this study, CRI Genetics may develop intellectual property, including but not limited to patents, copyrights and trademarks, and/or CRI Genetics may commercialize products or services, directly or indirectly. In such cases you will not receive any compensation.
There are no physical risks involved with participating in the GRP. None of the procedures or practices used by GRP researchers are invasive or experimental. However, there are some potential other risks to participating, such as:
i. Some survey questions or data comparisons may make you or your family members uncomfortable.
ii. Your GRP Research Data could become public as the result of a security breach. Although we have processes in place designed to prevent a security breach we cannot guarantee a breach will never happen.
iii. Third parties could, potentially, identify you from GRP research that is made publicly available. For example, even though GRP Research Data is not typically published in scientific journals, it is sometimes made available for review by peer scientists, journal editors or others. CRI Genetics takes steps to remove common identifying Personal Information (such as your name and contact information) from any GRP Research Data before publication, but GRP Research Data is different from other data because it can be used as an identifier in combination with other information. Currently, it is not common practice to do this but it can be done, particularly if GRP Research Data about you is available through other public genetic databases. In the future, new methods for this may be developed and it may become more common.
iv. As with any online service, if you disclose your account password to others, they may be able to access your User Account and your Genetic & Personal Information.
v. There may be additional risks to participation that are currently unforeseeable.
If GRP Research Data is obtained through these methods, it is possible that information about you could be revealed. Such information could be used by insurers to deny you insurance coverage, by law enforcement agencies to identify you or your relatives, and in some places, the data could be used by employers to deny employment.
In the United States, a federal law called the Genetic Information Non-Discrimination Act (GINA) generally makes it illegal for health insurance companies, group health plans, and most employers to seek your Genetic Information without your consent and to discriminate against you based on your Genetic Information. GINA does not protect you from discrimination with regard to life insurance, disability insurance, long-term care insurance, or military service. There may be state laws and laws outside the United States that prohibit discrimination against you based on Genetic Information.
6. Do I have to consent to participation? Can I Withdraw from participation? What are my alternative options?
You do not have to consent to participation in the GRP. Participation in the GRP is completely voluntary. If you choose not to give consent for the GRP, your Genetic and Personal Information may still be used for other purposes, as described in the Privacy Statement. Additionally, if you do give consent to participate, you may, at a later time, choose to not partake any GRP surveys or other GRP activities.
At any time, you may choose to withdraw all or some of your Genetic and/or Personal Information from the GRP. To do so, contact us at 1-800-571-9216. Once your withdrawal of all or some of your Genetic and/or Personal Information is confirmed, CRI Genetics will prevent such information from being used in the GRP within 30 days of confirmation. Any research on your data that has been performed or published prior to this date will not be reversed, undone, or withdrawn.
Choosing not to give consent or withdrawing from the GRP will not affect your access to your Genetic Information or to the CRI Services.
In addition, the GRP may be terminated, at any time, without notice to you or your consent. In such event, your GRP Research Data will continue to be protected as described in this Consent Document and the Privacy Statement.
7. Contact Information
You can contact CRI Genetics by the methods below if you have any concerns or questions about the GRP.