Terms and Conditions
TERMS AND CONDITIONS OF USE
DNA ANALYTICAL SERVICES LLC (DNA ANALYTICAL) is pleased to offer people the ability to create a record of non-medical information and interact with DNA ANALYTICAL SERVICES online by using dnaanalytical.com. This web site, the mobile app and related services are subject to compliance with the terms and conditions set forth below. Please read the following information carefully.
We DO NOT TREAT ANY PATIENTS OR RENDER MEDICAL OPINIONS TO PATIENTS
For any medical emergency, call 911 or go to your nearest emergency room.
BY USING dnaanalytical.com, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT ABLE TO USE dnaanalytical.com.
TERMS AND CONDITIONS
1. com Capabilities. DNA Analytical Services, LLC provides dnaanalytical.com to allow interested people and appointed representatives to complete non-medical information, learn what to bring with them when they attend a session where they will see a licensed healthcare provider who, based upon whether or not are taking prescription medications for the PGX Pharmacogenetics DNA Tests and Family cancer history for the Hereditary Cancer DNA Tests will order the appropriate DNA swab test(s). Any information provided on dnaanalytical.com is not a substitute for the advice of a personal physician or other qualified healthcare professional. Always seek the advice of a physician or other qualified healthcare professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you may have read on dnaanalytical.com.
For urgent questions, please call your doctor’s office.
2. Electronic Communications
All communications between you and DNA ANALYTICAL SERVICES LLC using dnaanalytical.com are carried over a secure, encrypted connection directly into the DNA ANALYTICAL electronic information record you create. While you may receive internet e-mail messages these e-mails will not contain any confidential medical information.
Information that you add via dnaanalytical.com will become part of your permanent record. Once information added by you is made part of your permanent record, it will be accessible to current and future DNA ANALYTICAL SERVICES healthcare provider(s) and staff members at DNA ANALYTICAL who are appropriately involved with your records and ordering DNA Medical Laboratory tests from one of the licensed, CLIA Certified Medical Laboratories which are contracted directly or through a third party with DNA ANALYTICAL SERVICES LLC.
DNA ANALYTICAL SERVICES never receives any laboratory reports containing results of the DNA swab tests you had when you attended a session with a healthcare provider. All laboratory reports containing the results of your DNA Swab tests are sent directly from the medical laboratory to the healthcare provider you identified as your treating physician whose contact information you provided either on dnaanalytical.com or through the DNA ANALYTICAL SERVICES intake information form completed using the DNA ANALYTICAL SERVICES application (app) with your input at the session prior to seeing the healthcare provider who determined if you qualified to take the PGX Pharmacogenetics DNA Adverse Drug Test and/or the Hereditary Cancer DNA Test.
DNA ANALYTICAL will make its best effort to provide a timely response to electronic inquiries or other communication submitted through dnaanalytical.com. In some cases, DNA ANALYTICAL staff may not be immediately available, so you should allow at least two (2) business days for a response. Emergency matters requiring immediate attention should not be submitted through dnaanalytical.com.
With respect to any electronic communications sent through dnaanalyitical.com, DNA ANALYTICAL is only able to respond to such communications based on the information provided by you. If insufficient information is provided, DNA ANALYTICAL will be unable to provide accurate and reliable replies.
3. Eligibility to Use dnaanalytical.com
Two requirements must be met for a person to be eligible to use dnaanalytical.com. First, a person must be eighteen (18) years of age or older. A minor under the age of 18 years may not establish a dnaanalytical.comrecord. Second, a person must plan on attending a session where licensed healthcare professionals will ask you questions and review your answers to determine your eligibility to have a PGX Pharmacogenetics DNA Adverse Drug Reaction Test and/or Hereditary Cancer DNA TESTS.
4. Access to Your Information on dnaanalytical.com
You may sign in 24 hours a day, 7 day a week to update or add information to your record for session use.
After you have been seen by a medical professional and had 1 or 2 DNA swab tests you will not be able to change your record.
Once the DNA test reports have been sent to your designated Medical Doctor, your information record is removed from dnaanalytical.com and stored offline in a secure location on a secure storage device for the amount of time required by law.
5. User Participation in dnaanalytical.com
Although dnaanalytical.com only requests and displays certain information from your record that is not medical information, it does not necessarily display all information found in your record. If you think that the information your provided currently displayed in dnaanalytical.com is inaccurate, you can update that information up to the time you sign in at the session to have your DNA tests performed.
To request a complete copy of your informational non-medical record, please contact: Customer Services at (203) 554-9190.
You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that may infringe upon, misappropriated, or violate any rights of any party. In consideration of being allowed to use dnaanalytical.com, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Signing on as or pretending to be another person
Using secure messaging for any purpose in violation of local, state, national, or international laws or posted DNA ANALYTICAL SERVICES LLC policies
Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including DNA ANALYTICAL personnel) or entity as determined by DNA ANALYTICAL in its sole discretion
Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
Collecting information about others, including e-mail addresses
Intentionally distributing viruses or other harmful computer code
Misuse or abuse of dnaanalytical.com features that disrupt operations.
DNA ANALYTICAL expressly reserves the right, in its sole discretion, to terminate or limit a user’s access due to any act delineated above, any other act that would constitute a violation of these Terms and Conditions, or at the discretion of any DNA ANALYTICAL management personnel. DNA ANALYTICAL may limit a user’s dnaanalytical.comaccess by enabling “view only” access or terminating access to interactive services and/or any or all other areas of dnaanalytical.com.
Appeal Process: People may appeal the record view only Process through submitting an e-mail to firstname.lastname@example.org A member of the DNA ANALYTICAL support team will contact the person and the request will be reviewed by the DNA ANALYTICAL Office of the Patient Experience.
Proxy Access: Patients serving as proxy to a family member or loved one risk losing access to their account if assigned View Only Access.
You may deactivate your DNA ANALYTICAL record at any time. To deactivate your record, please contact Customer Service at (203) 554-9190. Your record will automatically be deactivated after your designated Medical Doctor receives your DNA SWAB TEST REPORTS and upon death.
6. Customer Service Information
If you need information regarding your use of dnaanalytical.com or technical assistance call (203) 554-9190
7. Security and Confidentiality
DNA ANALYTICAL is committed to protecting the confidentiality of your information. Any medical information you provided at the session to medical professionals or the staff there assisting them is sent to the Medical Lab along with your DNA SWAB. Any personal information you submit or that is maintained on dnaanalytical.com is governed by DNA ANALYTICAL’S privacy and security practices. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. DNA ANALYTICAL has taken steps to make our website, dnaanalytical.com secure against unauthorized access and use. This web site uses encryption software. While DNA ANALYTICAL uses state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using dnaanalytical.com, information will be transmitted over a medium that is beyond the control of DNA ANALYTICAL and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USER OF THIS SERVICE.
DNA ANALYTICAL affords the same degree of confidentiality to your non-medical information stored on dnaanalytical.com and / or offline data storage devices as is given to information stored by DNA ANALYTICAL in any other medium. DNA ANALYTICAL limits employees’ access and ability to enter or view your information based upon their role in your DNA SWAB TESTS. DNA ANALYTICAL has taken steps to make sure all information received from online visitors is as secure as reasonably possible against unauthorized use, access or disclosure.
DNA ANALYTICAL and its contracted Medical Laboratories and many other organizations and individuals involved in delivering health related services are required by law to keep your information private and confidential. If you have authorized the disclosure of your health information to someone other than the Medical Doctor whose name and address you provided, they are not legally required to keep it private and confidential, it may no longer be protected by state or federal privacy and confidentiality laws.
Your privacy is important to us. DNA ANALYTICAL will use your NON-MEDICAL information in order to provide you with the best service experience possible when you attend a session to have DNA SWAB TESTS. DNA ANALYTICAL takes many precautions to maintain your information in confidence and will not deliberately disclose any information regarding you to any unaffiliated third party unless you authorize that person to receive your information or the information is permitted to be disclosed by law. Please review the DNA ANALYTICAL Notice of Privacy Practices (www.dnaanalytical.com/privacy ) for a thorough description of how DNA ANALYTICAL gathers, uses and protects your confidential information. All messages sent and received within dnaanalytical.com that contain non-medical information are subject to all state and federal laws governing the security and confidentiality of records.
DNA ANALYTICAL has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your DNA ANALYTICAL online password or record or to your information available in the dnaanalytical.com mobile app, if installed any device other than those belong to DNA ANALYTICAL is not the responsibility of DNA ANALYTICAL It is your sole responsibility to (1) control the disclosure and use of your username and password; (2) authorize, monitor and control access to and use of your dnaanalytical.comaccess and password; (3) promptly change your password in if it has been compromised; and (4) promptly inform DNA ANALYTICAL’S Customer Service Department of any need to deactivate a password. DNA ANALYTICAL recommends that you change your password on a regular basis.
I UNDERSTAND THAT DNA ANALYTICAL TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR MY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT IS USED TO ACCESS dnaanalytical.com. I UNDERSTAND THAT dnaanalytical.com MAY NOT BE AVAILABLE TO ME AT ALL TIMES DUE TO SYSTEM FAILURES, BACK-UP PROCEDURES, MAINTENANCE, OR OTHER CAUSES. ACCESS IS PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS AND DNA ANALYTICAL DOES NOT GUARANTEE THAT I WILL BE ABLE TO ACCESS dnaanalytical.com AT ANY PARTICULAR TIME. DURING TIMES WHEN dnaanalytical.com IS UNAVAILABLE, OTHER COMMUNICATION METHODS (E.G., TELEPHONE) SHOULD BE USED TO CONTACT DNA ANALYTICAL .
dnaanalytical.com, ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. I ASSUME TOTAL RESPONSIBILITY AND RISK FOR MY USE OF dnaanalytical.com, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DNA ANALYTICAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON dnaanalytical.com DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY DNA ANALYTICAL UNLESS SPECIFICALLY STATED OTHERWISE.
10 Limitation of Liability; Choice of Law
dnaanalytical.com, ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. I ASSUME TOTAL RESPONSIBILITY AND RISK FOR MY USE OF dnaanalytical.com, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DNA ANALYTICAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON dnaanalytical.com DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY DNA ANALYTICAL UNLESS SPECIFICALLY STATED OTHERWISE. ALL CLAIMS ARISING FROM ANY INTERACTIONS WITH DNA ANALYTICAL OR dnaanalytical.com SHALL BE GOVERNED BY NEVADA LAW AND JURISDICTION.
Except as otherwise indicated, all content on dnaanalytical.com, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of DNA ANALYTICAL SERVICES LLC or its licensors and is protected by United States and international copyright laws. DNA ANALYTICAL allows you to view or download a single copy of the material on dnaanalytical.com solely for your personal, noncommercial use.
The compilation of all content on dnaanalytical.com is the exclusive property of DNA ANALYTICAL and is protected by United States and international copyright laws. Unless specifically authorized in writing by DNA ANALYTICAL any use of these materials, or of any materials contributed to dnaanalytical.com by entities other than DNA ANALYTICAL, on any other Web site or networked computer environment for any purpose is prohibited.
Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by DNA ANALYTICAL. Content and features are subject to change or termination without notice in the editorial discretion of DNA ANALYTICAL.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on dnaanalytical.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
In accordance with the DMCA, DNA ANALYTICAL has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent found at: email@example.com.
Please note: If you materially misrepresent that online material, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
12. Trademarks and Service Marks
Use of the DNA ANALYTICAL SERVICES LLC name without authorization is prohibited by Nevada and Ohio law. Other proprietary marks of DNA ANALYTICAL or third parties may be designated as such from time to time on dnaanalytical.com through use of the TM, SM, or ® symbols. Users of dnaanalytical.com are not authorized to make any use of DNA ANALYTICAL’S marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by DNA ANALYTICAL or the applicable third party. Nothing on this web site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this website without the express written permission of DNA ANALYTICAL or the third party that may own the trademark, service mark or logo.
DNA ANALYTICAL grants a limited license to each user to make personal use only of this web site and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the web site and the associated services, making any derivative of the web site or the associated services, the collection and use of user e-mail addresses or other users information, including, without limitation, health information or any data extraction or data mining whatsoever.
13. Accuracy and Integrity of Information
Although DNA ANALYTICAL attempts to ensure the integrity of this web site, it makes no guarantees whatsoever as to the correctness or accuracy of the web site. It is possible that the web site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform CUSTOMER SERVICE so that it can be corrected. Information contained on the web site may be changed or updated without notice.
14. Links to Other Sites
DNA ANALYTICAL makes no representations whatsoever about any other NON-DNA ANALYTICAL web site that you may access through this web site. When you access a non-DNA ANALYTICAL web site, please be advised that it is independent from DNA ANALYTICAL, and that DNA ANALYTICAL has no control over the content on that web site. DNA ANALYTICAL does not endorse or accept any responsibility for the content or use of any other linked web site. If you decide to access any third-party web sites linked to this web site, you do so entirely at your own risk.