In order to purchase MyGenX® products, including the GARS® test, from Geneus Health, LLC (“Geneus”) for Purchaser’s patients, Purchaser hereby agrees to the following:
- Cash pay only. Purchaser agrees to only purchase and re-sell MyGenX® tests offered by Geneus. The term “Purchase” is defined as any tests that are ordered from Geneus by the Purchaser.
- Compliance. Purchaser assumes all responsibility relating to ordering tests, marketing such tests, using the results of such tests, etc. and complying with any applicable federal, state or local laws, ordinances and regulations governing Purchaser’s sale of and use of these tests for Purchaser’s patients.
- No Third Party Resale. Purchaser shall only purchase tests from Geneus for Purchaser’s patients and shall not purchase any tests for re-sale to a third party.
- Payment. Purchaser shall pay Geneus in accordance with Geneus Health’s current payment schedule. Geneus reserves the right to modify its payment schedule at any time. Purchaser assumes full responsibility for collecting payment from patients and Geneus shall in no event be responsible or liable for any underpayments or non-payment from any patients. Purchaser agrees to keep a credit card on file, which will be charged once a test is received for processing.
- Termination. Geneus reserves the right at any time to terminate this agreement and discontinue selling tests to Purchaser.
- Proprietary Information. Test materials may not be copied or reproduced in whole or in part, transferred to any other party, or used for any other purpose per Geneus Health’s copyright policy.
- Limitation of Liability TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL GENEUS HEALTH AND ITS AFFILIATES HAVE ANY LIABILITY TO PURCHASER IN CONNECTION WITH PURCHASER’S ORDERS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, PURCHASER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS GENEUS HEALTH AGAINST THIRD PARTY CLAIMS THAT ARISE AS A RESULT OF PURCHASER’S ACTIONS OR OMISSIONS, OR THE BREACH OF THIS AGREEMENT BY PURCHASER.
- The Purchaser agrees to Geneus Health’s privacy policies and terms and conditions.