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Terms and Conditions

This website (the “MAKGENE.COM” or the “site”) and any related services (collectively “SERVICES”) are provided subject to the following terms and conditions. Your use of MAKGENE.COM and related services will indicate that you have agreed to be bound by the following terms and conditions. If you do not agree with the following terms and conditions please do not use services offered at MAKGENE.COM.

MAKGENE.COM is a trademark of Morava Inc. and offers scientific and technology services. MAKGENE.COM represents Morava Inc. throughout these Terms and Conditions.

SERVICES ARE FOR YOUR INFORMATION AND NOT FOR MEDICAL ADVICE

Although we offer medical genetic testing and mutation analysis at MAKGENE.COM, we do not provide professional medical advice, diagnosis, or treatment. All educational material, graphics, and medical facts at MAKGENE.COM are for informational purposes and should not be substituted for professional medical care. What we offer is affordable and accessible genetic testing and not medical care. The reports generated by participating laboratories are for your personal information and should be interpreted by a licensed physician or medical doctor. However genetic counseling will be provided to you by genetic counselors employed by MAKGENE.COM, if you wish so. The genetic tests offered at MAKGENE.COM are to check for specific genetic disorders so the results should be shared with your physician or qualified health professionals. You should not use the services at MAKGENE.COM if you are not of legal age, or you are barred from receiving such services by the laws of your resident state or country. Underage children need a parent or a legal guardian to order any tests. All terms mentioned above apply to genetic testing of children as well.

If you are experiencing medical or psychiatric emergency you should call 911 or emergency services.

Description of Services

Services at MAKGENE.COM include access to the website and medical genetic testing or genotyping services, including the collection and analysis of your DNA sample through a buccal (cheek) swab. You understand and agree that the Service provided to you is just for your personal information and MAKGENE.COM assumes no responsibility for the use of this site’s services outside the terms and conditions hereof. MAKGENE.COM is a provider of scientific and technology services and does not represent or own a medical genetic testing laboratory nor does it perform any genetic testing. Your samples are tested in CLIA government inspected and certified clinical laboratories, which contract with MAKGENE.COM. You also acknowledge and agree that the form and nature of the services offered by MAKGENE.COM may change without prior notice to you. MAKGENE.COM reserves the right to stop providing Services without prior notice. You may stop using the Services at any time.

 

Account Setup, Charges, and Billing

You will be required to create a user account with MAKGENE in order to order genetic tests, purchase any of the Services, or obtain your results. You agree and warrant that the information you provide is accurate and complete, and that you will promptly update your account if any of the information changes. MAKGENE.COM reserves the right to terminate your use of the site or the Services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for your account. You are solely responsible for keeping your password confidential and for all uses of MAKGENE.COM and the Services with your account. You must immediately notify MAKGENE.COM of any unauthorized use of your account. MAKGENE.COM may refuse to accept your username or password if it is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark, is offensive or inappropriate as determined in its sole discretion.

To set up an account you must provide a valid credit card number. You agree and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using your account. You agree that MAKGENE.COM may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes. Prices and availability of the Services are subject to change without notice.

 
Privacy

At MAKGENE.COM, we understand that privacy and security are essential foundations for building trust and providing you the best service and product possible. MAKGENE.COM is entirely committed to ensuring that your interactions with us are completely safe, secure and private. We do not sell or share your personal information with any third-party for any reason. We guarantee that any information you provide us will be kept confidential and secure. To process your order, we may need to verify your name and address with our merchant bank. This address verification is essential in ensuring the integrity and validity of orders. We use the most trusted SSL (Secure Socket Layer Technology) to encrypt your personal information before it is transferred to our website to safeguard your personal information from any third parties.

 

Use of Content and Trademark Notices

MAKGENE.COM is owned and operated by Morava, Inc. The title to the content and the provided services will remain with Morava, Inc. and are protected by US and international copyright laws. MAKGENE.COM will provide you with a copy of your report generated by the clinical laboratory that you sample was tested at so you may share this copy with your physician or any health care professional of your choice. All trademarks, services, and logos used on MAKGENE.COM whether registered or unregistered, are owned by Morava Inc., its licensors, and suppliers. You may not use or copy any trademarks, services, logos or designs used on MAKGENE.COM without our prior written consent.

 

Our Use of Your Data and Communications on the Internet

By using MAKGENE.COM and our offered services, you authorize MAKGENE.COM to collect and process your sample and send it to a CLIA certified clinical laboratory for testing. You also authorize MAKGENE.COM and genetic counselors employed by MAKGENE.COM to view and discuss your report and data when setting up your account or with you if necessary. Your data will be completely protected according to the MAKGENE.COM “Privacy Policy” set forth above. Your emails, questions, comments, suggestions and other information, as known as communications, will be treated as non-confidential and non-proprietary by MAKGENE.COM.

You acknowledge that security safeguards during internet communication, are capable of circumvention and makgene.com does not and cannot guarantee that your data or your communications will not be accessed by unauthorized persons capable of circumventing such safeguards. MAKGENE.COM may be used to access and transfer information, including your data and your communications over the internet. You acknowledge and agree that MAKGENE.COM does not operate or control the internet once the data left our server and that unauthorized users (such as hackers) may use viruses, illegal files and other undesirable data and software or damage MAKGENE.COM server and site to obtain access to your data or your communications over the internet. Understanding the global nature of the Internet, you agree to comply with all rules and regulations regarding online conduct and acceptable content. Specifically, you should comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access MAKGENE.COM services online.

 

Accuracy of Information and Modification of the Site

MAKGENE.COM is dedicated to provide the most complete and up-to-date content, however MAKGENE.COM cannot and does not guarantee the accuracy, completeness or timeliness of your test report or any other content, whether provided by MAKGENE.COM, its licensors or testing clinical laboratory. It is possible the content on MAKGENE.COM may include typographical errors, inaccuracies or other errors, and that unauthorized modifications such as additions, deletions and alterations could be made to the content by third parties. If you have noticed an inaccuracy in the content, please inform MAKGENE.COM so that it can be corrected. Information contained within your report will not be changed unless the testing clinical laboratory decides to do so. Other content on MAKGENE.COM may be changed or updated without notice. Any opinions, advice, statements or other information expressed or made available by third parties via MAKGENE.COM are those of the respective third party and do not necessarily represent that of MAKGENE.COM.

Third Party Web Sites

MAKGENE.COM may contain hyperlinks to third party web sites. Hyperlinks to or from MAKGENE.COM are to obtain additional information from any third party or its web site, products, and resources. They are not intended for any endorsements of a third party site. MAKGENE.COM is not responsible for any software, data or other information available from any third party website that you may wish to use. You are responsible for the use of any third party website.

Who can use MAKGENE.COM

MAKGENE.COM is maintained by Morava Inc., operating from offices in California, USA. Anyone, at any age, can be tested for genetic disorders, however such tests and services provided by MAKGENE.COM may only be ordered by adults over the age of eighteen. Children may only be tested if the test is ordered by their parents or legal guardians. If a test is ordered for a child by anyone other than child’s parents or legal guardian without knowledge of MAKGENE.COM, that person could be prosecuted for private information theft. MAKGENE.COM is not responsible for such actions and the parents or legal guardians of a child should take proper action to protect the privacy of that child. Those who choose to access MAKGENE.COM or any provided services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable.

 
No Warranty

MAKGENE.COM and the Services, such as your report and other content are provided “As Is,” and you use them at your own risk. MAKGENE.COM rejects any kind of warranties, whether express or implied, including any warranties of marketability, fitness for a particular purpose, or non-infringement.

MAKGENE.COM does not warrant that the Services, including your report or other content will meet your requirements, or that access to such information will be timely, secure, or error-free. In case of any presumptive defects, if founded on a scientific basis, MAKGENE.COM may facilitate the dialogue between the testing laboratory and you. MAKGENE.COM also makes no warranties as to the accuracy and reliability of its site, your report or the content of any of the provided services, or any results that may be obtained from their use. MAKGENE.COM does not perform any of the genetic testing and does not produce any results and does not warrant in the accuracy of your report.

Limitation of Liability

MAKGENE.COM does not accept any responsibility for any consequence relating, directly or indirectly, to any action or inaction you take based on the Services provided by MAKGENE.COM, your test report or other content. You are responsible for evaluating and bearing all risks associated with their use, including any reliance on their accuracy, completeness or usefulness. Under no circumstances will MAKGENE.COM, its licensors or suppliers of genetic testing be or become liable for any kind of damages. MAKGENE.COM prohibits unauthorized access or alteration of your data or your communications, the statements made by you or any other user on its site, or any other matter relating to its site or the Services. Such limitations will apply whether or not MAKGENE.COM has been advised of the possibility of any damage and in spite of any failure of essential purpose of any limited remedy.

 
Indemnification

You agree to indemnify and defend MAKGENE.COM, its licensors, suppliers of genetic testing, and their respective directors, officers, employees, agents, affiliates and successors from and against all claims, damages, losses, costs and other expenses that arise from your use of MAKGENE.COM. This usage includes and is not limited to provided the Services including without limitation your test report or other content, your breach of these Terms, or from any data or communications you submit, post or transmit to or through MAKGENE.COM. You agree to cooperate in the defense of any such claim. MAKGENE.COM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section. You agree not to settle any such issue without the prior knowledge and written consent of MAKGENE.COM.

 

Procedure for Making Claims of Copyright Infringement

If you believe any content infringes your copyright, you may request that such content be removed from MAKGENE.COM by contacting us providing the following information:

 
Applicable Law

Any legal action or proceeding between MAKGENE.COM and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles County, California, United States, and you agree to yield to the personal and exclusive jurisdiction of such courts.

 
No Unlawful Use of Services

You agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions. You should not use the services offered by MAKGENE.COM in anyway, which could damage or impair the Services or interfere with any other party's use of the Services. You may not access or attempt to access any materials or information through any means not knowingly made available or provided to you through the services at MAKGENE.COM. You acknowledge that using MAKGENE.COM for any illegal purpose or to transmit content that is unlawful, harmful to another's privacy, offensive to moral principals or otherwise objectionable may result in legal actions and punishment.

General Use of Services- No Resale

You should visit this page (Terms and Conditions) to review the current version of these terms, before you place an order. so you are aware of any revisions to which you are bound. If any provision of these terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision and the remaining provisions of these terms shall continue in full force and effect.

The resale of the content of MAKGENE.COM is unlawful and you agree not to display, publish and distribute, license or perform, copy or create derivative works from, modify or transmit for any commercial purposes of the offered services by MAKGENE.COM. You may use the content of MAKGENE.COM for educational purposes and with the prior consent of Morava Inc..

 
Termination of Contract – Cancellation of Order

You may terminate your contract with MAKGENE.COM before the DNA buccal (cheek) swab collection kit is mailed to you. If you want to terminate your contract with MAKGENE.COM after the DNA buccal (cheek) swab collection kit is mailed to you then you agree to pay the $24.99 non-refundable fee for the kit since you cannot return the kit.. However you may terminate your contract with MAKGENE.COM after you have received the DNA buccal (cheek) swab collection kit, by either calling or writing to MAKGENE.COM for cancellation of your order. MAKGENE.COM will not be able to terminate any contracts with you once you return your DNA buccal (cheek) swab collection kit. In this case your order will be completed and you will be charged the full amount. MAKGENE.COM may at any time, terminate its legal agreement with and cancel your account and passwords if you have breached any provision of the terms and conditions, or if you have engaged in illegal activities, or if after two attempts your collected DNA sample fails to produce viable test results.

Your Proprietary Rights

Your collected DNA sample through buccal (cheek) swab kit, once submitted to and analyzed by us, becomes our property. Any genetic data and results derived from your DNA sample belongs to you as your personal information. We retain the rights set forth in the consent form and any additional terms of service. You understand that MAKGENE.COM, in performing the required technical steps to provide the Services to our users, may transmit or distribute your content over various public networks such as the internet and in various media. We may make changes to your content as are necessary to format that content to the technical requirements of connecting networks, devices and more. You agree that you allow MAKGENE.COM to take these actions. You confirm and warrant to MAKGENE.COM that you have all the rights, power and authority necessary to grant the above allowance.

Terms and Conditions
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