Terms of Service
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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. If these terms and conditions are considered an offer by NGT, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old. All terms of service are for the operation of the Site by NGT for their users. Any disputes, concerns, or issues arising from this Agreement are solely between NGT and it’s users. Seed Worthy maintains the relationship as defined in it’s terms of service with NGT & PGX Tests LLC and is not responsible for and is fully indemnified against any acts or interactions between NGT and it’s users.
1. Your Navigator Genomics™ Account. If you create an account, you are responsible for maintaining the security of your account, you are providing our company with your Informed Consent, and you are fully responsible for all activities that occur under the account and any other actions taken therein.
2. Responsibility of Site or content creator. If you have an account or provide content to a Site, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, computer software, physical goods, or any other product. By making content available, you represent and warrant that all content is the exclusive right of NGT and PGX Tests LLC.
3. The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
4. NGT has fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms; The content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
5. The content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. The content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; User data is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
7. By submitting content to NGT for inclusion on your data, you grant NGT/PGX Tests LLC the right to protect your data in anyway it sees fit and in reasonable expectation of data protection. If you delete content, NGT will use reasonable efforts to remove your data, but you acknowledge that this process is not immediate. By submitting genetic samples to NGT, you grant NGT and PGX Tests LLC your informed Consent, for royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyze, distribute, and communicate your unidentified anonymous genetic information for the purposes of providing you products and services, conducting research and scientific development, and enhancing the Navigator Genomics™ user experiences.
8. The impact of any downloadable or software products obtained from the site are disclaimed of any negative impact to the end-user. All reasonable effort will go into creating a product that does not negatively impact the end-user but should any such impact occur, including but not limited to computer malfunction, security breach, loss of material, impact to other programs, conflicting information, or more, NGT disclaims all responsibility for any outcome.
9. Without limiting any of those representations or warranties, NGT has the right (though not the obligation) to, in NGT’s sole discretion (i) refuse or remove any content or data that, in NGT’s reasonable opinion, violates any Navigator Genomics Testing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NGT’s sole discretion. NGT will have no obligation to provide a refund of any amounts previously paid.
10. Payment and Renewal. NGT reserves the right to bill, charge, or otherwise extract payment for the user pursuant to providing the services available here. Any renewal, expressed or implied, shall be applied at NGT's discretion and in a manner the company finds convenient. NGT is committed to protecting consumer credit card data in compliance with the Payment Card Industry Data Security Standard (PCI DSS). Our alignment with this standard is reflected in the people, technologies and processes we employ. We conduct regular vulnerability scans and penetration tests in accordance with the PCI DSS requirements for our business model. We attest to our PCI compliance annually, and our most recent self-attestation was completed in February 2019.
11. General Terms. Paid services may be offered to the user (“Services”). By selecting Services you agree to your Informed Consent , and to pay NGT the one time or recurring fee indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for Services. Services fees are not refundable. 1. Automatic Renewal. Should there be any recurring payments, unless you notify Navigator Genomics Testing before the end of the applicable subscription period that you want to cancel services, your services subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time by contacting NGT.
12. By operating the Website, NGT/PGX Tests does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The NGT website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NGT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
13. NGT 3rd Party Products and Services Disclaimer. All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement. NGT pharmacogenetic tests conform to the Clinical Pharmacogenetics Implementation Consortium (CPIC) published guidelines, the industry gold standard used by the FDA for grading evidence levels and for determining how genetic test results should be used to optimize drug therapy.
14. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, and information made available through the websites and webpages to which the Site links, and that link to Site. NGT does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, NGT does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NGT disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
15. Copyright Infringement and DMCA Policy. As NGT asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site via NGT ’s policy of utilization of the Digital Millennium Copyright Act (“DMCA”) Policy. NGT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NGT will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NGT or others. In the case of such termination, NGT will have no obligation to provide a refund of any amounts previously paid to NGT or Site.
16. Intellectual Property. This Agreement does not transfer from NGT to you any NGT, this Site, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NGT. All PGx tests, the Site, the Website, the logo, and all other trademarks, service marks, graphics and logos used in connection with NGT, the Site, or the Website are trademarks or registered trademarks of PGX Tests LLC and/or NGT’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MCG or third-party trademarks or registrations.
17. Changes. NGT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. NGT may also, in the future, offer new services and/or features through the Website (including, the release of new products and resources). Such new products and/or services shall be subject to the terms and conditions of this Agreement.
18. Termination. NGT may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your the account (if you have one), you may simply discontinue using the Website. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Disclaimer of Warranties. The Website is provided “as is” and NGT/PGX and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Navigator Genomics Testing nor its suppliers and licensors, makes any warranty that the Website or produsts will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
20. Limitation of Liability. In no event will NGT/PGX Tests LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Navigator Genomics Testing under this agreement during the twelve (12) month period prior to the cause of action. NGT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
22. Indemnification. You agree to indemnify and hold harmless NGT/PGX Tests LLC, its contractors, its licensors, its service providers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, any product, or any service, including but not limited to your violation of this Agreement.
23. Miscellaneous. This Agreement constitutes the entire agreement between NGT and you concerning the subject matter hereof, and may only be modified by the posting by NGT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website, products, or services will be governed by the laws of the state of Louisiana, USA excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson Parish, LA. USA Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Jefferson Parish, LA. 70123, USA (877)892-2314 in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NGT may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
For More Information: If you have any questions, concerns or comments about privacy at our website, please send us a description of your concern via email to [firstname.lastname@example.org](mailto: email@example.com). --- _This website is for information purposes only. By providing the information contained herein we are not diagnosing, treating, curing, mitigating, or preventing any type of disease or medical condition. Before beginning any type of treatment or clinical treatment, it is advisable to seek the advice of a licensed healthcare professional. This information is intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment._ Navigator Genomics™/PGX Tests LLC cannot (by law) tell you whether to take any medicines, nor which brands, provide any form of medical advice or direction having to do with personalized clinical treatment._ _Navigator Genomics™ explicitly does not endorse any products, services or organizations shown on our website._