Terms & Conditions

Welcome to MyGenxdna.com, which is owned and operated by MyGenxdna. Throughout the site, the terms “we”, “us” and “our” refer to MyGenx. MyGenx offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Your use of this website constitutes your acceptance of the Terms of Service, and the accompanying Privacy Policy in effect at the time. Please scroll down through this Agreement to review important provisions regarding arbitration, limitation of liability, waivers and indemnities, and other important provisions. The fees and other charges assessed by MyGenx are based upon your acceptance, and the enforceability, of the arbitration, liability limitations, waivers and indemnity provisions -- in the absence of which such fees and costs would be increased to compensate for the potential additional business expenses.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. You should print a copy of this and future Terms of Services for your reference.

• MyGenx is an Internet-based provider of a variety of biotechnological and genetic products (and services) made available for use and purchase to its users (“Users”). As owner of the website, MyGenx manages the functional and technical operations required to maintain and support the website (the “MyGenx Services”).
• You are responsible for accurately entering your information into MyGenxdna.com. MyGenx will not review such information as a part of the MyGenx Services. Any MyGenx Services that you order from MyGenxdna.com for which MyGenx charges fees shall be paid for by you with valid funds at the time you place your order. MyGenx may, at its sole discretion, delete or change some or all of the MyGenx Services now or offered in the future at any time, free and clear of any claim of vested rights or other entitlement as a User of MyGenxdna.com or otherwise.
• By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you (i) are the age of majority in your state or province of residence or (ii) have given us your consent to allow any of your minor dependents to use this site.
• You may not use MyGenx’s products for any illegal or unauthorized purpose nor may you, in the use of the MyGenx Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not transmit any worms or viruses or any code of a destructive nature.
• A breach or violation of any of the Terms may result in an immediate termination of your Services.

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the MyGenx Services, or access to the MyGenx Services or any contact on the website through which any portion of the MyGenx Service, use of the MyGenx Service, or access to the MyGenx Service or any contract on the website through which the service is provided, without express written permission by MyGenx.
• You agree to provide information reasonably requested by MyGenx related to MyGenx Services, and by becoming a user, you certify that all information you provide to MyGenx will be true, accurate, current, and complete (“User Information”). You will indemnify and hold MyGenx harmless from any and all loss, liability, cost, damage, and expense it may incur as a result of any inaccurate User Information you provide at any time, as well as any User Information which becomes inaccurate. You agree to update your User Information to reflect any changes that may occur and you are solely responsible for the accuracy and disclosure to us of your User Information. You agree that MyGenx is not liable to you or any third party for damages or losses related to the accuracy or disclosure to us of your User Information.
• MyGenx respects the privacy of User Information. Please review MyGenx’s Privacy Policy or more information regarding MyGenx’s policies and procedures for protection, disclosure and use of User Information. Subject to the privacy protections contained in the above referenced policy, MyGenx retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store (in any media, currently known or unknown) User Information related to these Terms or provision of MyGenx Services.
• You will have the option to create a password and login. It is your responsibility to maintain the confidentiality of your password and login. You are responsible for all activities that occur under your password and login. You agree not to share your password and login with another person under any circumstances and if you do so, you will be solely responsible for any loss, damage or expense resulting from unauthorized use of such information. This requirement is intended to protect you, as well as MyGenx and other MyGenxdna.com customers. You agree to immediately notify MyGenx of any loss, theft, or unauthorized use of your password or login or any other breach of security. Except for your designated legal representative or other person you have authorized during the registration process, you shall not allow any other person or entity to use your username or password. You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from MyGenx for any purpose. You agree not to attempt to access, delete, or modify the data or the account of another User.

• MyGenx is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. MyGenx reserves the right to modify the contents of this site at any time, but MyGenx no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to our site.

• Prices for our products are subject to change without notice.
• MyGenx reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• MyGenx shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of MyGenx Services.
• You are responsible for promptly paying all fees and charges (the “Fees”) associated with your use or purchase of MyGenx Services for which there is a charge at the time of purchase. Further, you shall be responsible for any applicable federal, state, or local fees, sales and use tax, and any other taxes (except those related to MyGenx’s net income) related to the MyGenx Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase. Fees and Taxes for using the MyGenx Services will be identified in subsequent changes to MyGenx.com and shall be effective immediately when posted. All Fees and Taxes are payable in U.S. dollars.
• If you dispute any Fees related to the purchase of any MyGenx Services, you shall provide MyGenx with written notice describing such dispute in reasonable detail and shall include with such notice all documentation as may be reasonably required to support your position regarding the dispute. All disputes regarding any Fees must be submitted to MyGenx within ninety (90) days of the date of your purchase of the MyGenx Service. If you do not submit a claim within such time period, you waive all rights  to dispute such Fees.

• Certain products and services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
• MyGenx has made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
• MyGenx reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. MyGenx may exercise this right on a case-by-case basis. MyGenx reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at MyGenx’s sole discretion. MyGenx reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
• MyGenx does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

MyGenx and its content providers own all of the content, materials, and other intellectual property related to MyGenxdna.com and MyGenx Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as may be expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited. The Materials and use of MyGenxdna.com and MyGenx Services are registered and/or protected by U.S. and international copyright, trademark, and other laws. Your license to use MyGenxdna.com and MyGenx Services includes the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, (unless MyGenx has authorized commercial uses in a separate agreement with you), those pages of MyGenxdna.com that interest you, subject to any other terms and conditions of use and/or payment in these Terms or on MyGenxdna.com. Your continued use of any Materials is terminable by MyGenx at any time under the circumstances described in these Terms. You agree to retain all copyright and other proprietary notices contained in MyGenxdna.com or the MyGenx Services. You may not delete or change any copyright or trademark notices, and may not alter or modify the content in any manner without the express written permission of MyGenx. You further agree that you will not:

• use MyGenxdna.com or the MyGenx Services to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
• copy (except as set forth above for noncommercial personal use or a separate commercial agreement with MyGenx), modify, distribute, create any derivative or compilation work from, or display the Materials or any other content from MyGenxdna.com or MyGenx Services or redeliver such content using framing or similar technology;
• use any device designed to provide repeated automated access to MyGenxdna.com or MyGenx Services other than those made generally available by MyGenx;
• include "MyGenx," or any other MyGenx trademarked materials, the name of any MyGenx personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between MyGenx and you, any other party, or any other website, or otherwise use these items without MyGenx’s express written permission; 
• collect, harvest, or store personal data about other users of MyGenxdna.com or the MyGenx Services; 
• upload, e-mail, or otherwise transmit to MyGenx or through MyGenxdna.com or the MyGenx Services or any MyGenx computer network any of the following: a sexually-explicit or pornographic image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate or permit unauthorized access to or use of any system, data or information related to MyGenxdna.com or the MyGenx Services or any computer software, hardware or communications equipment that is owned, leased or used by MyGenx; 
• use MyGenxdna.com or the MyGenx Services to advertise or perform any commercial solicitation unless authorized in a separate commercial agreement with MyGenx; 
• use MyGenxdna.com or the MyGenx Services to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• use any robot, spider, scraper, or any other automated means to access MyGenxdna.com or the MyGenx Services for any purpose without MyGenx’s express written permission;
• j. forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
• take any action that imposes, or may impose, in MyGenx’s sole discretion, an unreasonable or disproportionately large load on the MyGenx infrastructure;
• interfere or attempt to interfere with the proper working of MyGenxdna.com, MyGenx Services, or any activities conducted on Mygenxdna.com; or 
• bypass measures used by MyGenx to prevent or restrict access to Mygenxdna.com or the Services, violate or attempt to violate the security or authentication measures of the MyGenx system, or attempt to probe, scan or test the vulnerability of a system or network without proper written authorization from MyGenx.

MyGenx reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing MyGenx to disclose such information. MyGenx does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users of MyGenx.com or the MyGenx Services, nor does MyGenx endorse any opinions expressed by users or any third parties using MyGenx.com or the MyGenx Services. Any reliance on material posted by other users shall be at your own risk

• MyGenx reserves the right to refuse any order you place with us. MyGenx may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that MyGenx makes a change to or cancel an order, MyGenx may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. MyGenx reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that MyGenx can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

• MyGenx may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that MyGenx provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. MyGenx shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• MyGenx may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

MyGenxdna.com may contain links to third party websites. These links will allow you to leave MyGenxdna.com. The linked sites are not under the control of MyGenx, and MyGenx is not responsible for the contents of any linked site. The links are provided as a convenience, and MyGenx does not endorse, sponsor, or recommend any linked site or its contents. MyGenx is unable to verify the accuracy or completeness of third party information posted to MyGenxdna.com or accessible from MyGenxdna.com and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with such third parties or you or make the third parties or you partners or joint venturers with MyGenx, or otherwise provide you or any third parties with any rights to act on MyGenx’s behalf. MyGenx is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

• If, at MyGenx’s request, you send certain specific submissions (for example contest entries) or without a request from MyGenx, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that MyGenx may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to MyGenx. MyGenx is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• MyGenx may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. MyGenx takes no responsibility and assumes no liability for any comments posted by you or any third-party.

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

Occasionally there may be information on the site or in the MyGenx Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. MyGenx reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

MyGenx undertakes no obligation to update, amend or clarify information in the MyGenx Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the MyGenx Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the MyGenx Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the MyGenx Services or any related website for violating any of the prohibited uses.

• You agree that from time to time MyGenx may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, MyGenx Services is at your sole risk. The MyGenx Services are provided in an “as is where is” condition, subject to any and all faults and defects except as otherwise specifically provided in these Terms. To the extent permitted by applicable law, MyGenx hereby disclaims any warranty of merchantability, fitness for a particular purpose, suitability, security, correctness and non-infringement, title, or compliance with any federal, state, or other law(s), and all other express and implied warranties with respect to these Terms, MyGenx Services, or MyGenxdna.com.
• You agree that MyGenx and the MyGenx affiliates are not responsible for and shall have no liability for the continued availability, reliability, accuracy, results, or performance of MyGenx.com, MyGenx Services, or any materials of MyGenxdna.com, the performance of the Internet, the downloading compatibility of any materials or software within your computer systems, the existence of any virus, worm, malicious code, or other disabling device from any source (including, without limitation, MyGenxdna.com), or for the unauthorized access to or use of your User Information by a party other than MyGenx. MyGenx expressly disclaims all liability for technical failures (including hardware or software failures), incomplete, scrambled, or delayed computer transmissions, and/or technical inaccuracies, or loss or use of data, as well as unauthorized access of user transmissions by third parties arising out of or related to these Terms.
• MyGenx does not represent or warrant that MyGenxdna.com will operate without error, that defects will be corrected, or that this site or the server making it available are free of virusese or other harmful components.
• MyGenxdna.com includes content provided by third parties. MyGenxdna.com is a distributor of such content and not its publisher. These third parties may express certain opinions or provide certain information and offers. MyGenx makes no warranties, and disclaims all liability, as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties and distributed by MyGenx through MyGenxdna.com or otherwise. MyGenx does not guarantee or warrant the performance of any third party, including any such third party’s conformance to any law, rule, regulation, or policy.
• MyGenx does not warrant that information, services, and products contained by MyGenxdna.com or MyGenx Services will satisfy your requirements or that they are error or defect-free. Before using any MyGenx Services, you should confirm any information on the accompanying packaging. You assume responsibility for the accuracy, appropriateness, and legality of any information you supply to MyGenx. By use of MyGenxdna.com, you acknowledge that such use is at your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with MyGenxdna.com.
• MyGenx and the MyGenx affiliates shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages as a result of any breach or default by them with respect to these Terms or the MyGenx Services, whether arising in tort, contract, strict liability, or otherwise. In no event shall the total liability of MyGenx and the MyGenx affiliates to you for amy damages, losses, costs and expenses related to any claim by you in contract, tort, strict liability, or otherwise exceed the the aggregate amount of charges paid by you for the MyGenx Services at issue. You agree that this limitation of liability is an agreed allocation of risk between you, MyGenx, and the MyGenx affiliates and reflects the fees, if any, MyGenx charges. You acknowledge that absent your agreement to this limitation of liability, MyGenxdna.com and the services would not be provided to you. Any claim by you not filed in arbitration under Section 18 below within one (1) year of your discovery of the factual basis for the claim shall be deemed forever waived, barred and released.

You hereby agree to indemnify, defend and hold harmless MyGenx and the MyGenx affiliates, harmless from any claim, damage, loss, liability, injury, cost or expense (including, without limitation, actual attorneys’ and expert fees) arising out of or related to your (a) breach of these Terms or the documents it incorporates by reference, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights), (c) violation by you of any applicable law, rule or regulation, (d) negligence, recklessness, or willful misconduct on your part, or (e) unauthorized use of your User Information by a party other than MyGenx.

You understand and agree that the MyGenx Services may be controlled for export purposes. You agree to comply with all United States export laws and regulations including, but not limited to, the United States Export Administration Regulations, International Traffic in Arms Regulations, directives and regulations of the Office of Foreign Asset Control, treaties, Executive Orders, laws, statutes, amendments, and supplement thereto. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the MyGenx Services available through MyGenxdna.com, either in whole or part, are being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons. Proscribed countries, destinations, and people are set forth in the United States Export Administration Regulations, and the Office of Foreign Asset Control's Specially Designated Nationals list, and are subject to change without further notice from MyGenx.

• These Terms of Service are effective until changed or modified by MyGenx or terminated by you or MyGenx for any reason whatsoever. If you no longer agree to be bound by these Terms (as amended from time to time), you must cease use of MyGenxdna.com. MyGenx reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of MyGenxdna.com with or without notice at any time and for any reason. You agree that any termination, restriction, or suspension of your access to MyGenxdna.com may be made without prior notice, and you acknowledge that MyGenx may immediately deactivate or delete your account and all related information and files in the account and bar you from any further access to the files or MyGenxdna.com. You agree that MyGenx shall not be liable to you or any third-party for any termination, restriction, or suspension of access to MyGenxdna.com under any circumstances whatsoever.
• MyGenx reserves the right to access User Information and to remove any materials that do not conform to these Terms — although MyGenx shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree that MyGenx has the right, but is not obligated, to monitor your use of MyGenxdna.com and any communications made by you related to such use in any manner. You release MyGenx from any liability relating to its monitoring activities. MyGenx may also warn its Users of any actual or suspected improper actions by you. If MyGenx denies you access to MyGenxdna.com, you agree to destroy all materials obtained from MyGenxdna.com and all copies of those materials with the exception of your personal account materials.
• The provisions of these Terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.

• If a dispute, claim, or controversy ("Dispute") arises between you and MyGenx or any of the MyGenx Affiliates under or in any way relating to this Agreement, MyGenxdna.com, or the MyGenx  Services that is not resolved through good faith negotiations and discussions within 30 days of MyGenx being notified of such Dispute, such Dispute will be finally settled and resolved by binding arbitration n accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association using a single arbitrator (who has at least 3 years experience in structuring on-line commercial transactions and who shall have no power to award consequential, punitive or exemplary damages), with the arbitration to be commenced within one (1) year after the day on which the factual basis for such Dispute becomes known to you -- otherwise all rights, claims and causes of action relating to the Dispute shall be deemed  irrevocably waived
• MyGenx reserves the right to access User Information and to remove any materials that do not conform to these Terms — although MyGenx shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree that MyGenx has the right, but is not obligated, to monitor your use of MyGenxdna.com and any communications made by you related to such use in any manner. You release MyGenx from any liability relating to its monitoring activities. MyGenx may also warn its Users of any actual or suspected improper actions by you. If MyGenx denies you access to MyGenxdna.com, you agree to destroy all materials obtained from MyGenxdna.com and all copies of those materials with the exception of your personal account materials.
• A judgment upon an arbitrator's award may be entered in any court of competent jurisdiction. Any arbitration hearing shall be held in [INSERT LOCATION], with this to be the exclusive remedy to resolve any disputes arising between you and MyGenx. Except as prohibited by applicable law,  you waive any right to trial by a judge or jury, to recovery of consequential damages and to pursue or participate in a consolidated or class action arbitration related to this Agreement or the MyGenx Services. Each party shall bear their own expenses of the arbitration and shall equally share the fees and expenses of the arbitrator except. This arbitration requirement shall not preclude a party from at any time seeking temporary equitable relief in the form of a preliminary injunction, temporary restraining order or the like as necessary to preserve the status quo or prevent irreparable injury pending resolution of the Dispute in arbitration -- provided, however, the exclusive jurisdiction and venue for such an action shall be in the state court located closest to [INSERT LOCATION] and each party hereby consents and agrees to both subject matter and personal jurisdiction of such court for this purpose.

All notices and communications concerning these Terms shall be in writing and addressed to MyGenx as follows:

3943 Irvine Boulevard, Suite 628
Irvine, CA 92602

Notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service which provides acknowledgement of delivery and shall be deemed delivered: if sent by U.S. Mail, five (5) days after deposit, or if sent by commercial overnight delivery service, upon verification of receipt. Notices to you will be sent to the address you provided Us as part of your registration.

The headings of the sections in these Terms of Service are strictly for convenience of reference only and shall not in any way be construed as amplifying or limiting any of the terms, provisions, or conditions of the Terms. If any provision of these Terms shall be held to be invalid or unenforceable for any reason: (a) such invalidity or unenforceability shall not affect any other provision of these Terms; (b) the remaining terms, covenants and conditions hereof shall remain in full force and effect; and (c) the invalid or unenforceable provision shall be automatically modified, with the least changes necessary, so as to make it valid and enforceable. No failure to exercise and no delay in exercising, by MyGenx, any right, power or privilege under these Terms shall operate as a waiver thereof, except as otherwise expressly provided in these Terms or in writing by MyGenx. Any waiver by MyGenx of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of these Terms unless and until agreed to in writing by MyGenx.

These Terms, and any policies referenced in these Terms, constitute the entire agreement between you and MyGenx related to MyGenxdna.com and the MyGenx Services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matters of these Terms are superseded by the provisions of these Terms.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware.

MyGenx reserves the right to amend the Terms of Service at any time, for any reason, and without notice, including the right to terminate the MyGenx Services or any part thereof. Any amendments and modifications made by MyGenx will be prospective only, and unless provided in these Terms, will be effective upon being posted on MyGenxdna.com. Your continued use of or access to the website or the MyGenx Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.

These Terms of Service are a contract between you and MyGenx and incorporates MyGenx’s Privacy Policy located here. Questions about the Terms of Service should be sent to us at legal@mygenxdna.com