Skip to content

Practitioner Terms of Service South Africa

Practitioner Terms of Service South Africa

These Terms of Service (referred to throughout as the “Terms” or ”Terms of Service”) exist between 3X4 Genetics (“3X4” or “3X4 Genetics”) and the Healthcare Practitioners with whom 3X4 Genetics partners to provide 3X4 Genetic Tests and other 3X4 Services to support practitioners in understanding Genetics, Genomics, Nutrigenetics and Nutrigenomics. 3X4 only offers 3X4 Genetic Tests via Healthcare Practitioners. 3X4 Genetics is owned and operated by CIPHER GENETICS (“3X4 Genetics” or “Us” or “We” or “Our”) and is located at 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. These Terms of Service govern your use of the 3X4 Genetics’ website, portal and the services and products offered (together, the “Services”).

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: These Terms include a binding arbitration clause and a class action waiver that affect your rights and dictate procedures for resolving disputes with us. Please read Section 19 carefully.

  1. Acceptance of These Terms
    These Terms are governed by the Electronic Signatures in Global and National Commerce Act. BY ACCESSING OR USING THE SERVICES AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND YOURSELF TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE OR USE THE SERVICES. BY USING THE 3X4 PORTAL, WEBSITE AND 3X4 SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF SERVICE. IF ANYTHING IS UNCLEAR OR YOU DO NOT UNDERSTAND ANY PORTION OF THESE TERMS OF SERVICE, IT IS YOUR RESPONSIBILITY TO CONTACT 3X4 GENETICS FOR AN EXPLANATION.YOU MAY CONTACT US EITHER AT network@3×4.io or CALL US AT +27 (021) 300 1915. When you accept these Terms, the following provisions further apply:
    1. We may modify these Terms by notifying You as provided in Section 22 below. By continuing to access or use the Services after the effective date of any such change, You agree to be bound by the modified Terms. We suggest that You print a copy of these Terms for your records.
    2. You agree that You have gone through the 3X4 Genetics approval process to determine that You are eligible to use 3X4 Products in your practice; and/or You are accessing and interpreting 3X4 Products under the supervision of a Healthcare Practitioner, as defined herein.
    3. If any rights in these Terms of Service are not enforced by You or 3X4 Genetics, those rights are not waived.
    4. You agree that any information you supply to 3X4 is true, accurate and complete.
    5. You agree that 3X4 Services cannot provide it’s testing services outside of the United States of America or South Africa.
    6. If you do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the Website, 3X4 Portal and 3X4 Services.
    7. You will not use any means to interfere with the proper working of the Website, 3X4 Portal and 3X4 Services nor will You copy, monitor or change the Website, 3X4 Portal and 3X4 Services or any information created by 3X4 Genetics without our express written permission.
    8. You agree that any misuse of 3X4 Property for commercial gain may result in monetary damages being claimed against You and You may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.
    9. You may only use 3X4 Property where necessary to be able to access 3X4 Services that are specified in these Terms of Service.
    10. When you use 3X4 Services, you acknowledge and agree that they are supplied “as is” and “as available”. 3X4 engages in ongoing genetic research and technology to continually update the 3×4 Services so that we provide the best possible value to you.
    11. Neither 3X4 Tests nor 3X4 Kits are available for resale, unless agreed to by us in writing.
  2. Privacy
    Your privacy is important to us. 3X4’s Privacy Policy is incorporated into these Terms of Service as if set forth herein. You can locate them by clicking on the link. You should review them in conjunction with your review of these Terms as they will inform You as to how we may collect, use, and share personal information when You use the Services.
  3. Definitions
    In this document, unless the context indicates otherwise:
    1. Healthcare Practitioner”, Practitioner”, “3X4 Blueprint Certified Practitioner”, “3X4 Certified Practitioner”, “3X4 Accredited Practitioner” “You” and similar terms refers to healthcare practitioners who have been given access to 3X4 Genetics’ secure website and have gone through the 3X4 approval process.
    2. Website” refers to the website at address https://3x4genetics.com and/or at address https://kit.3×4.io, which are run and owned by 3X4 Genetics.
    3. 3X4 Portal”, “3X4 Practitioner Portal”, “Practitioner Portal”, “Portal”, and/ refers to the website at address https://kit.3×4.io , accessible by You via a secure login.
    4. Third Party Supplier” refers to any service provider not directly employed by 3X4 that we have selected to assist us in fulfilling 3×4 Services to You. Examples include the courier and laboratory services we use.
    5. 3X4 Services”, “3X4 Content” or “3X4 Property” refers to the services we offer, the content we create and other property of ours. This includes, but is not limited to, our website, software, products, services, and communications, in any capacity, embodied in, displayed, or provided directly or indirectly including but not limited to, trade names, domain names, material, logos, trademarks, service marks, any other distinctive brand feature, graphics, images, photographs, design, software, algorithms, information, text, design, functionality, inventions, patents, sounds, music, videos, concepts, templates, documents, methodologies, standard operating procedures or any other materials, as accessed by You.
    6. 3X4 Products”, “3X4 Test”, “3X4 Genetic Test”, “3X4 Nutrigenomic Test” refer to the products that 3X4 sells, which includes testing a client’s
    7. genes at a laboratory and providing You with a report that provides You with information regarding such genes.
    8. 3X4 Blueprint”, “3X4 Report” or “3X4 Nutrigenomic Report”, “3X4 Results”, “3X4 Genetic Data” refers to the 3X4-generated report that gives You information regarding a customer’s genes, which you will receive when ordering a 3X4 Test.
    9. Interpretation”, “Consultation”, “3X4 Feedback Session”, “3X4 Blueprint Feedback”, “3X4 Blueprint Online Feedback Session” refer to a private and secure session in which a healthcare practitioner will take a customer through the 3X4 Test Results.
    10. 3X4 DNA Sample Kit”, “3X4 Kit” refers to the DNA sample kit that is supplied by 3X4, which is used to obtain a sample of a customer’s cheek cells.
    11. A Completed DNA Sample”, “A Completed Cheek Cell Sample”, “A Customer’s Genetic Sample” refers to the DNA sample that a customer has completed using the 3X4 DNA Sample Kit.
    12. One Time Pin” is a code sent to your mobile phone or email address, valid for one occasion only, to access secure information.
    13. User Content” refers to any information, data, audio, photographs, or other materials, that you have created and posted onto 3X4 online platforms, or sent to 3X4 via email or text message, whether privately or publicly.
    14. Personal Information” refers to information about an identifiable individual, including, but not limited to, information relating to gender, sex, age, language, education level, address and contact number.
      1. Personal Information includes “Genetic Information”, which is information extracted from a DNA sample, whether taken from a cheek swab or saliva sample, in the form of genotypic data (for example, the As, Cs, Gs and Ts in a certain region of a genome).
      2. Self-Reported Information” includes, but is not limited to, physical and mental health, well-being, disability, illness, medical history, bio-metric information, personal opinions, views or preferences.
    15. Aggregated Information” refers to Genetic and Personal Information that has been compiled in summary form and anonymized, for the purposes of being analyzed as a whole.
    16. “Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between you and 3X4 Genetics relating to the Services, any transaction or relationship between you and 3X4 Genetics resulting from your use of the 3X4 Services, communications between you and 3X4, or these Terms – whether in contract, warranty, tort, laws, or regulations.
  4. Understanding 3X4 Services
    1. About 3X4 science:
      1. The 3X4 Test focuses on gene variants in key metabolic pathways that have a high level of scientific evidence and are clinically relevant.
      2. Genetic variation is a term used to describe the variation in the DNA sequence in each of our genomes. Genetic variation is what makes us all unique, whether our hair color, skin color or the shape of our faces.
      3. We refer to a gene variant as having a specific “impact”. The impact refers to how much the gene variation affects the protein’s function as well as the metabolic process the protein is involved in.
      4. The gene variants that are tested by 3X4 are all considered “low penetrance” genes. This means that the gene by itself does not cause an illness or condition.
      5. The 3X4 genetic test is not meant as a diagnostic tool but is rather used as a preventative and screening tool to assist in the detection of the root causes for the development of chronic conditions and can be used to implement more targeted treatment.
      6. Nutrigenomics and nutrigenetics are based on personalized nutrition and lifestyle advice, which leads to a better chance of improving your health rather than following general dietary advice.
    2. 3X4 is not a Healthcare Provider or Practitioner.
      1. We provide the 3×4 Services for information, research or educational purposes only. While we hope you find useful the information available through the Services, we do not intend the information to be complete or exhaustive, or to provide any medical advice, diagnosis, or treatment.
      2. Your clients should consult a 3X4 Certified Practitioner about how the 3X4 Test is right for them. 3X4 staff can speak to the contents of a 3×4 report and process of using our 3×4 Kit but cannot answer questions about why the test is right for a specific client.
      3. You acknowledge and agree that any information that you get from the 3X4 Report, should not be considered medical advice or medical services.
      4. Nothing stated or posted on the Website, or made available through the Services, is intended to be, and must not be taken to be, the practice of medicine or other healthcare profession.
        1. Any information provided by 3X4 should not be a substitute for a consultation or treatment by a healthcare provider or practitioner.
        2. The relationship between your client and 3X4 is not a doctor-patient relationship
        3. If your client, in making health care decisions, relies on the information provided by 3X4 or our employees, they do so at their own risk.
        4. YOUR CLIENT IS RESPONSIBLE FOR CHOOSING THEIR OWN HEALTHCARE PROVIDER OR PRACTITIONER. They are also responsible for determining whether the applicable healthcare provider or practitioner is suitable for their healthcare needs based on specialty, experience, licenses, and other important qualifications and their selection of a Healthcare Provider or Practitioner is at their own risk.
    3. Research into genetics is continually evolving.
      1. With future advances in genetic research, any current state will only reflect a portion of the implications of genetics.
      2. With future advances in genetic research, it is possible that interpretation of your client’s genetic results may change.
      3. Any interpretations of your client’s past Genetic Information would need to be revised in accordance with any future advances in genetic research, at their own expense.
    4. There may be limitations in the laboratory’s tests and the genes tested.
      1. The genes tested in the 3X4 Test only constitute a small percentage of your client’s genes.
      2. Other genes that are not tested in the 3X4 Test may have as much if not more impact your client’s health.
      3. Factors in your client’s environment may also have impact on the client’s health.
      4. On occasion, certain DNA cannot be processed at the laboratory because the results do not meet the criteria to be considered to produce an accurate result.
      5. On occasion, data provided by the laboratory may not be able to be interpreted or may be incorrect. In that instance, you or your client will not be refunded.
      6. 3X4 Genetics is not a lab nor does it directly perform laboratory testing services. All laboratory services are conducted by a third-party laboratory.
  5. Agreement of Sale & Conditions of Sale
    1. An Agreement of Sale comes into effect when 3X4 receives a successful payment through authorized 3X4 payment channels from You or from your client.
    2. Cancellation of Sale, Returns and Refunds
      1. Refer to our Cancellation Policy for information on how you can cancel your order.
      2. You agree that You are responsible for obtaining your client’s informed consent before placing an order for a 3X4 Test, or providing it with a 3X4 Test Kit.
      3. 3X4 may cancel yours or your client’s order for a 3X4 Test, at our discretion, at any stage, for any reason, which we do not have to disclose, after which will refund You or your client in full, as soon as possible but no later than 30 days after such cancellation.
      4. If We are unable to generate a successful, accurate result of your client’s DNA sample processing after two attempts, You or your client will be refunded the paid price in full, and You and your client agree that you will not submit the same sample again, whether by purchasing another test or via another method, with 3X4 at any time in the future. If it is found that You or your client do not honor this agreement and submit another DNA sample, We will not re-process your DNA sample or refund any fees paid to You or the client.
      5. DNA samples cannot be returned to You or your client.
      6. Other than as specified in these Terms of Service, no refunds will be processed for 3X4 Services rendered.
    3. To complete your client’s order, 3X4 will:
      1. Send your client a 3X4 DNA Sample Kit through courier delivery to the provided delivery address, within 1-5 days of receiving payment for a 3X4 Test,
      2. Send your client’s DNA sample to a third-party laboratory for processing,
      3. Provide you with an electronic version of your client’s 3X4 Blueprint report
    4. Additional Services & Exceptions
      1. If your client needs an additional 3X4 Kit to be delivered to it because (whether on purpose or accidentally) the original 3×4 Kit was lost, destroyed or contaminated, mislabeled, or registered incorrectly, 3X4 can deliver a replacement 3×4 Kit, for a nominal handling fee plus shipping. Please contact us at network@3×4.io to arrange this.
      2. If we need an additional Completed DNA Sample from your client, because the lab was not able to successfully process the original sample, 3X4 will deliver a replacement 3×4 Kit to your client at no charge, on one occasion only.
      3. Placing a 3X4 Test in your cart does not qualify as an order. 3X4 cannot guarantee that the price of the 3X4 Test will be the same when you return at a later date.
    5. Payments & Fees
      1. Payment security is extremely important to 3X4 and so we will only use third party payment gateways that ensure all transactions are secure and are utilizing applicable encryption technology.
      2. You are solely responsible for repaying back to 3X4 any reversed or charged-back credit card payments, within 30 days of being contacted by 3X4.
      3. 3X4 will not be liable for any damages incurred of any Third-Party Supplier, including but not limited to any act, failure, omission or oversight when supporting 3X4 Services.
      4. If 3X4 has agreed that you may pay for your 3X4 Tests on a monthly basis, You agree to pay for the full amount by the due date specified on your invoice.
      5. If You utilize our “Practitioner Pay” payment method to purchase 3X4 Tests for your clients, you are responsible for paying for the order in full before 3X4 will ship any 3×4 Kits to your clients.
      6. If you utilize our “Patient Pay” payment method to order 3X4 Tests for your client, 3X4 will not ship any 3×4 Kits to your clients before the order is paid for in full.
    6. Coupons
      1. If You or your client has a 3X4 coupon, the coupon number can be entered before continuing to payment and only the remaining balance will be due and payable.
      2. Virtual and physical coupons generated by 3X4 are redeemable only per the specifications provided by 3X4 Genetics.
      3. Coupons generated by 3X4 are created at 3X4’s sole discretion and can be cancelled, amended or refused without cause.
      4. Terms and conditions apply to each coupon generated.
      5. Only one coupon can be used per order.
      6. A coupon can only be used once by You or your client.
      7. A coupon cannot be applied retrospectively to a previous order for which payment has already been received.
    7. Deliveries
      1. You must provide a physical delivery address for your client’s 3X4 Kit delivery. 3X4 does not deliver to Post Office Boxes.
      2. 3X4 cannot accept responsibility for any loss incurred if a 3X4 Kit was delivered correctly to the address You provided or confirmed.
      3. Proof of delivery is available upon request.
      4. We recommend your client is at the address provided at the time of delivery to reduce risk of loss or theft.
  6. Your Role in Assuring 3X4 Quality and Privacy Standards
    1. By becoming a 3X4 Certified Practitioner, you agree to make best efforts to assure 3X4’s quality and privacy standards.
    2. You agree that if You or your client orders a 3×4 Test, that you are ready to provide them with a positive 3X4 Test experience. You agree that:
      1. You are ready to explain to your client what information the 3X4 Test provides and what information it does not provide,
      2. You are ready to interpret your client’s 3X4 Results,
      3. You will provide the client with a consultation on its 3X4 Results within a reasonable timeframe.
      4. You will ensure that your client receives its 3X4 Results within a reasonable timeframe.
    3. If You feel You have not received adequate training to provide a positive 3X4 Test experience, You agree not to do a consultation with your client on their 3X4 Results. We encourage You to reach out to 3X4 if You do not feel ready to interpret your client’s 3X4 Results.
    4. Your and your client’s personal information and/or genetic information is only available via your secure 3X4 Portal, which is protected by your unique password. You therefore agree to use best practices to create and update your password and do not share it with anyone else.
    5. You agree not to change any client information on the 3X4 Portal without your client’s consent.
    6. You agree that once you have downloaded or saved any of your client’s personal or genetic information, you are fully responsible to keep it protected. 3X4 cannot assume any liability for information that has been compromised when it is out of 3X4’s control.
    7. You take responsibility for any applicable state licensures for ordering and to abide by regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)(as amended and revised, including but not limited to the Health Information Technology for Economic and Clinical Health (HITECH) Act).
    8. We recommend that your client understands the implications of receiving genetic results.
      1. Your client learning about his or her genetic results is irreversible and therefore is a decision that should be taken seriously.
      2. The information your client receives may be disturbing or negative and may have serious and far-reaching ramifications.
      3. It is best that all clients speak to a Healthcare Practitioner, trained in genetics, before embarking on a journey to discover their genetic results.
    9. We recommend that your client understands the implications of sharing their genetic results.
    10. We recommend that your client understand the meaning of their genetic information that is provided in the 3X4 Report.
  7. Intellectual Property Rights
    1. 3X4 Genetics owns Intellectual Property Rights in and to the Services, including but not limited to the 3X4 Services, 3X4 Content , 3X4 Property, 3X4 Products, “3X4 Test, 3X4 Genetic Test, 3X4 Nutrigenomic Test, 3X4 Blueprint, 3X4 Report, 3X4 Nutrigenomic Report, 3X4 Results, and 3X4 Genetic Data. In addition, 3X4 Genetics owns its websites, Servers, trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “3X4 Genetics Marks”). You understand that such Intellectual Property Rights are separate from any rights You may have in User Content You upload or submit to the Services. You acknowledge and agree that 3X4 Genetics and its licensors own all right, title, and interest in and to the Services, including all Intellectual Property Rights therein, other than with respect to User Content. Except as expressly granted in these Terms, all rights, title, and interest in and to the Service, except all User Content, and in and to the 3X4 Genetics Marks are reserved by 3X4 Genetics. Copyright, trademark and other laws of the United States and foreign countries protect the Services and the 3X4 Genetics Marks.
    2. You may provide suggestions, ideas and/or feedback about the Services (collectively, “Feedback”) to 3X4 Genetics. You agree that 3X4 Genetics will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by You and that all right title and interest in Feedback is assigned to 3X4 Genetics without compensation owed to You. The foregoing grant of rights is made without any duty to account to You for the use of such Feedback.
  8. Modification of Service
    We reserve the right to add, modify, or eliminate aspect(s), features or functionality of the Services from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at our sole discretion. We also reserve the right to terminate the Website or Services at any time at 3X4 Genetics’ sole discretion. In the event of termination of the Services, We will complete your outstanding order(s) for a 3X4 Test or provide you with a full refund for your 3X4 Test.
  9. Interruption of Service
    3X4 Genetics may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the integrity or functionality of the Services or for maintenance purposes. You agree that 3X4 Genetics will not be liable for any interruption or suspension of the Services (whether intentional or not), and You understand that You will not be entitled to any compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Content, we will not be liable for any purported damage or harm arising therefrom.
  10. Violation of these Terms
    Any violation by You of these Terms may result in immediate suspension or termination of the Services we provide to you without any refund or other compensation.
  11. Preservation/Disclosure/Submissions
    You acknowledge, consent and agree that 3X4 Genetics may access, preserve and disclose your information, including the information You submit to us, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of 3X4 Genetics, its employees, and the public; or (f) pursuant to the terms of the Privacy Policy. 3X4 does not agree to preserve, for any length of time, any of your or your clients’ Personal Information, including your Genetic Information, or User Content.
    Your Submissions to the Website, (including to the extent applicable personally identifiable information), are made voluntarily. 3X4 Genetics does not claim ownership of Your submission(s) or User Content. You are hereby expressly granting 3X4 Genetics a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense), consisting with Our Privacy Policy, to use, copy, modify (including create derivative works) or transmit your submission, in connection with the Site and the 3X4 Genetics business, in any media formats and through any media channels now known or hereafter developed. 3X4 Genetics will not pay you for your submission. For each submission, You represent and warrant that You have all rights necessary for You to post or submit the submission and to grant the licenses and permissions in this section and that You are solely responsible for the content of your submission. 3X4 Genetics reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, 3X4 Genetics is not responsible for screening, monitoring, or editing Submissions. 3X4 will not monitor or administer any User Content posted on any 3×4 administered social media.
  12. Third Party Sites
    The Services may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by 3X4 Genetics. You agree that 3X4 Genetics is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.
  13. International Use
    3X4 Genetics is a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not residents of the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws.
  14. Releases
    You agree not to hold 3X4 Genetics liable for the content, actions, or inactions of You or other users of the Services or of other third parties. As a condition of access to the Services, You release 3X4 Genetics (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute You have or claim to have with one or more other users of the Services or with other third parties, including whether or not 3X4 Genetics becomes involved in any resolution or attempted resolution of the Dispute. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
  15. Disclaimer of Express and Implied Warranties
    3X4 GENETICS PROVIDES THE SERVICES STRICTLY ON AN “AS IS” BASIS. 3X4 GENETICS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT OR ANY EXPENDITURE ON YOUR PART, 3X4 GENETICS AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOU RESIDING ON 3X4 GENETICS’ SERVERS. FURTHERMORE, 3X4 DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS THAT THE 3X4 SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE 3X4 SERVICES WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT ANY KNOWN ERRORS IN THE 3X4 SERVICES WILL BE CORRECTED OR THAT ANY CONTENT DOWNLOADED FROM US WILL BE FREE FROM ANY RISK TO YOU OR YOUR PROPERTY, INCLUDING YOUR DATA.YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICES ON THIS BASIS. 3X4 Genetics does not ensure continuous, error-free, secure or virus-free operation of the Services or the Servers and You understand that You shall not be entitled to refunds or other compensation based on 3X4 Genetics ‘ failure to provide any of the foregoing other than as explicitly provided in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You.
  16. Limitation of Liability
    IN NO EVENT SHALL 3X4 GENETICS OR ANY OF ITS PARENT AND AFFILIATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), THE WEBSITE, THE SERVERS, OR THESE TERMS, WHETHER OR NOT 3X4 GENETICS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL 3X4 GENETICS’ CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You.
  17. Indemnification
    At 3X4 Genetics’ request, You agree to defend, indemnify and/or hold harmless 3X4 Genetics, its parent and affiliated entities, officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You, including without limitation your representations and warranties relating to your User Data; or (ii) your acts, omissions or use of the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim. Under no circumstances may You admit liability of 3X4 Genetics without Our express written consent.
  18. Legal Relationship; No Third-Party Beneficiaries
    You acknowledge that You will not be compensated by 3X4 Genetics for your use of our Services, and You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms. There are no third-party beneficiaries, intended or implied, under these Terms.
  19. Dispute Resolution
    Mandatory Arbitration
    In the event of a Dispute between You and 3X4 Genetics (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, YOU AGREE THAT THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Seattle Washington.
    In the event that there is any Dispute between You and 3X4 Genetics that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts sitting in Seattle, Washington. You agree that these Terms and the relationship between You and 3X4 Genetics shall be governed by the Federal Arbitration Act and the laws of the State of Washington without regard to conflict of law principles. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
    Class Action Waiver
    Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
  20. Governing Law
    These Terms are governed by and construed and enforced in accordance with the laws of the state of Washington (without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and 3X4 Genetics agree to be subject to the jurisdiction of the state and federal courts sitting in Seattle, Washington.
  21. Integration, Interpretation of Section Headings and Severability
    The agreements, understandings and policies referenced in these Terms set forth the entire agreement and understanding between You and 3X4 Genetics with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. 3X4 Genetics reserves the right to modify these Terms at any time upon notification to You as provided above. If any future change is unacceptable to You, You should discontinue using the Services. Your continued use of the Services will always indicate your acceptance of this agreement and any changes to it.
    You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these Terms, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of these Terms. If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
  22. Notices
    3X4 Genetics may provide notice to You and obtain consent from You (1) through the website (2) by electronic mail at the electronic mail address You provide to us while using our Services; and/or (3) through the phone number You provide to us while using our Services. You must submit all notices required or permitted under these Terms to 3X4 Genetics, 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005.