Terms Of Use
1.INTRODUCTION
Welcome to our website (the “Website”), which is owned, operated, and managed by FDNA Inc. (“FDNA”, “our”, “us” or “we”).
The Use (as defined below) of the Website is subject to these terms and conditions, as may be amended from time to time (the “Terms”). Please read these Terms carefully before using the Website. By using the Website in any manner, you confirm that you have read, understood, accepted, and agreed to be bound by the Terms without limitations. If you disagree with these Terms, please do not use our Website.
Finally, please take into consideration that certain FDNA applications, such as Face2Gene or Child Development Checker, have their own terms of use and ancillary agreements, which you must read and accept before using the services provided by these apps.
2. DEFINITIONS
For the purpose of these Terms, the following terms shall have the respective meanings set forth beside them:
“Content” shall mean any information of any kind provided through or included in the Website, including, but not limited to, texts, verbal and visual content, articles, publications, updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Website, whether owned by FDNA or by a third party.
“Use” shall mean any accessing and/or viewing and/or visiting and/or browsing the Website for any purpose. The Use of the Website is free of charge.
“User”, “you” or “your”, including any alterations thereof, shall mean any person or entity that Uses the Website for any purposes, using a computer and/or any other device, including cellular device and/or by any other means of communications. “You” refers to the person using the Services either for himself/herself or on behalf of other entities for whom he/she has the legal right to give consent. By agreeing to be bound by the terms of this Terms, you are also consenting on behalf of any other user for whom you have the legal right to give consent.
3. SCOPE OF LICENSE. LIMITATIONS OF USE
The Website, among other Content, provides general information about industry-leading institutions, professionals, and us, including our practice areas, apps, recent news & publications, special projects we are involved in, and management team. We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, non-commercial, limited and revocable license to Use the Website, solely for legal and legitimate purposes. You may not Use the Website for any other purpose.
You must comply with all applicable laws, these Terms, as may be amended from time to time with or without advance notice, and the policies and processes explained herein.
Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public and/or commercial purposes; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website; (d) send and/or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violate of third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content contained therein; (h) attempt to gain unauthorized access to Website or its related systems or networks; (i) create any link or deep linking and/or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website; and/or or (k) use any robot, spider, scraper or other automated means to access or monitor the Website for any purpose; (l) take any action that imposes or may impose, at FDNA’s sole discretion, an unreasonable or disproportionately large load on the FDNA’s infrastructure which supports the Website; (m) interfere or attempt to interfere with the integrity or proper working of the Website, or any related activities; (n) use the Website to develop a competing service or product; (o) use the Website in any unlawful manner or for any harmful, irresponsible or inappropriate purpose, or in breach of these Terms..
Without derogating from any other right granted to FDNA in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Website.
4. CODE OF CONDUCT
You hereby undertake to always take the following actions:
a. Comply with these Terms and all applicable laws, including, without limitation, state and federal patient privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
b. Review and comply with our Privacy Policy.
c. Review and comply with notices sent by FDNA concerning the Use of the Website.
You hereby undertake never to take the following actions:
a. Download or otherwise disseminate any Content which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of FDNA and its community of Users.
b. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer Content found on the Website except as permitted in these Terms or as expressly authorized by FDNA.
c. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Website, or any part thereof.
d. Utilize or copy Content, or any data you view on and/or obtain from the Website to provide any service that is competitive, in FDNA’s sole discretion, with FDNA.
e. Imply or state, directly or indirectly, that you are affiliated with or endorsed by FDNA unless you have entered into a written agreement with FDNA.
f. Adapt, modify or create derivative works based on FDNA or technology underlying the Website, or other Content, in whole or part.
g. Rent, lease, loan, trade, sell/re-sell access to FDNA or any Content therein, or the equivalent, in whole or part.
h. Sell, sponsor, or otherwise monetize any service or functionality of FDNA, without the express written permission of FDNA.
i. Deep-link to the Website for any purpose, (i.e., including a link to a FDNA web page other than FDNA’s home page) unless expressly authorized in writing by FDNA.
j. Remove any copyright, trademark, insignia or other proprietary rights notices contained in or on the Website, including those of both FDNA and any of its licensors.
k. Collect, use, copy, or transfer any Content, including, but not limited to, personally identifiable information obtained from FDNA except as expressly permitted in these Terms or as the owner of such information may expressly permit.
l. Infringe or use FDNA’s brand, logos and/or trademarks, including, without limitation, using the word “FDNA” in any business name, email, or URL or including FDNA’s trademarks and logos or as expressly permitted by FDNA.
m. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by FDNA.
n. Access, via automated or manual means or processes, the Website for purposes of monitoring FDNA’s availability, performance or functionality for any competitive purpose.
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website.
p. Attempt to or override any security component included in or underlying the Website.
q. Without derogating from the above, each User agrees to be liable to FDNA for any act or omission of any of its employees or anyone on its behalf using the Website that would constitute a breach of these Terms if such acts or omissions were performed by User.
5. YOUR RIGHTS
Subject to your compliance with all your obligations under these Terms, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, non-commercial, limited and revocable license and right to access the Website, through a generally available web browser, view information and use the Content that we provide in accordance with these Terms. Any other use is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interests in FDNA and all related items.
6. OUR RIGHTS AND OBLIGATIONS
a. Website availability.
As long as FDNA continues to offer the Website, FDNA shall provide and seek to update, improve and expand the Content. As a result, we allow you to access the Website as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely in our sole discretion. All of these changes shall be effective upon their posting on our Website. FDNA further reserves the right to withhold, remove and or discard any Content available as part of our Website.
b. Third-party sites and content. Advertisements.
FDNA may include links to third-party websites or content from third-party providers (the “Third-Party Sites”) on our Websites or through our applications. FDNA may select certain Third-Party Sites as priority responses to search terms you enter and FDNA may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Links to such Third-Party Sites do not constitute any endorsement by FDNA of such Third-Party Sites, or the quality, suitability or accuracy of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that FDNA, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material or information presented by or available through those sites. You are responsible for evaluating whether you want to access or use a Third-Party Site. You should review any applicable terms and/or privacy policy of a Third-Party Site before using it. Accordingly, if you decide to access Third Party Sites, you do so at your own risk.
c. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your Use and any other User Information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FDNA, our Users or the public.
Disclosures of User information to third parties other than those required to provide customer support, administer these Terms, or comply with legal requirements are addressed in the Privacy Policy.
7. PRIVACY
Our Privacy Policy rules our treatment of any information, including personally identifiable information you submit to us, and is hereby incorporated into this Agreement by reference. You acknowledge that your submission of any information, statements, data, and content to us is voluntary. In case of any question about FDNA’s uses of your personal information please visit the Privacy Policy and/or contact us.
8. CONTRIBUTIONS TO FDNA
By submitting ideas, suggestions, documents, and/or proposals (the “Contributions”) to FDNA through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FDNA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FDNA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FDNA may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to FDNA all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from FDNA under any circumstances.
9. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL CONTENT AND MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL KNOWLEDGE AND NON-COMMERCIAL USE ONLY. FDNA does not control or vet the Content for accuracy. We do not make and disclaim all express and implied warranties and representations, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. Without limiting the foregoing, we do not warrant that access to the Website will be uninterrupted or error-free or that defects in the Website will be corrected. FDNA is not responsible and makes no representations or warranties for the delivery of any messages sent through the Website to anyone. Any material, service, or technology described or used on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
10. POSTED DATA. MEDICAL DISCLAIMER
Certain information and content made available by FDNA through the Website is gathered from publicly available data, and FDNA cannot guarantee the accuracy of such information. Additionally, the Content displayed on the Website may include medical information. The Website and any Contents are for informational and educational purposes only and are not a substitute for the independent professional medical judgment, advice, diagnosis, or treatment of a health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through the Website is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that FDNA is not responsible or liable for any claim, loss, or damage arising from the use of the information. FDNA does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned through the Website. The Use of the Website or your reliance upon the Content obtained or used by you is solely at your own risk.
FDNA encourages Users to confirm the information made available or otherwise obtained through the Website with other reliable sources before undertaking any treatment. Any advice received through the use of the Website (to the extent received) may not be relied upon for making any decisions, including (without limitation) in professional, medical, legal, personal or financial matters. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Website.
You understand and acknowledge that before making any decisions about receiving medical treatment or changing existing medical care based on the information provided on this Website, you must consult with a qualified physician. Only the doctor has the mandate to change your medication treatment. FDNA will not be liable for any damages in this regard.
The Website, including any Content displayed on the Website, does not constitute and should be considered as an offer for, or an invitation by or on behalf of FDNA to provide any service.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL FDNA, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES OR OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR IN CONNECTION WITH THE WEBSITE OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND/OR RESULTING FROM EXPOSURE TO COMPUTER VIRUSES OR OTHER MALWARE, WHATEVER THE GROUNDS OF CLAIM OR CAUSE OF DAMAGE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MEDICAL PROBLEMS, LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS, ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FDNA, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT OR WEBSITE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT, CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE IS TO DISCONTINUE USING THE WEBSITE AND THE RELATED CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FDNA’S LIABILITY FOR DAMAGES FOR ANY CLAIMS WHATSOEVER, AND ALL CLAIMS IN THE AGGREGATE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS AND FREE ACCESS TO THE WEBSITE WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER: (1) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY; AND/OR (2) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; AND/OR (3) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL THEIR ESSENTIAL PURPOSE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY: (I) EVEN IF FDNA, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
12. INDEMNIFICATION
You agree to indemnify and hold harmless FDNA, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your Use of the Website, your violation of these Terms, except in each case due to FDNA or the Website infringing the intellectual property rights of third parties or violating applicable law.
13. INTELLECTUAL PROPERTY
Title and full, exclusive ownership rights in the Website (and all parts of either, including the Content, excluding User Information), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including reports and data related to your usage of the Website, are the exclusive property of FDNA. Any suggestions, recommendations, improvements, inventions and feedback by you or by anyone on your behalf in connection with the Website, and other services, products or solutions of FDNA are the sole property of FDNA, irrespective of the creator.
14. DOMICILES FOR NOTICES
The notice address for FDNA will be:
FDNA Inc.
Attn: General Counsel
Domicile: 309 East Paces Ferry Rd. Suite 400, Atlanta, GA 30305.
15. MISCELLANEOUS
a. Severality
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
b. Law and forum for legal disputes
These Terms, the relationship between you and us, or any claim, cause of action or dispute arising in relation to your Use of the Website (the “Claim”) shall be governed by the laws of the State of Delaware regardless of your country of origin or where you access the Website, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. You and FDNA agree that all claims arising out of or related to these Terms must be resolved exclusively by a competent court located in the State of Delaware. You and FDNA agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims. Notwithstanding the above, you agree that FDNA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
c. Entire agreement
You agree that the Terms constitute the entire, complete and exclusive agreement between you and us regarding the Website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You also may be subject to other or additional terms and conditions that may apply when you use or purchase certain other FDNA services, third-party content or third-party software.
d. Initial posting and amendments to the Terms
These Terms will be posted on our Website. We reserve the right to modify, supplement or replace these Terms, effective upon posting at our Website or notifying you otherwise. For example, FDNA presents a banner on the site when we have amended these Terms or the Privacy Policy so that you may access and review the changes prior to your continued Use of the Website. If you do not want to agree to changes to the Terms, you can terminate the Terms at any time by discontinuing your Use of the Website.
e. No informal waivers, agreements or representations
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by any FDNA affiliate shall be deemed legally binding on any FDNA affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FDNA.
f. No injunctive relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any Content or other material used or displayed through the Website.
g. Assignment and delegation
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FDNA for any third party that assumes our rights and obligations under these Terms.
16. COMPLAINTS REGARDING CONTENT POSTED ON OUR WEBSITE OR MOBILE APPLICATIONS
If you believe any materials accessible on or from the Website infringe your copyright, you may request the removal of those materials (or access thereto) from the Website by contacting FDNA and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Contract address:
FDNA Inc., 309 East Paces Ferry Rd. Suite 400, Atlanta, GA 30305, United States of America.
or
email: legal@fdna.com
Last updated: July 5, 2024.