Effective: 8th August, 2017
Utilizing your genetic information to increase health and happiness is a big part of the future of personalized wellness.
Here at SelfDecode our goal is to create an environment where you can learn about your genetic makeup, easily discover information relevant to your genetics and lifestyle, and connect with other people on the same journey. We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider when thinking about how to respond to those variants of interest.
In order for us to provide you with the services described above we need to analyze files that contain data about your genetic variations. The information hidden in your genetic makeup is both extremely useful and personal. With this in mind please take the time to read through our Terms of Service below. If you have any further questions please do not hesitate to get in touch with us at firstname.lastname@example.org.
"SelfDecode" means Decodify Me LLC, whose principal place of business is 26471 Via Sacramento Capistrano Beach 92624
“Site” refers to http://www.selfdecode.com and it’s child pages.
"Service" or "Services" means SelfDecode's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
2. Acceptance of Terms
When you acknowledge that you accept these Terms you are entering a legally binding contract with SelfDecode. If you do not wish agree to these Terms then do not select the accept button.
By agreeing to these Terms, you also understand and agree that the Terms and Services that we provide may change and will be updated from time to time. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services unless you are requesting closure of your account as outlined in the “Termination of Services” section below. SelfDecode explicitly reserves the right to change or alter the Terms or to cancel the Terms outright.
You must be at least 18 years old, or the legal age of majority in your state, whichever is greater, to use the Services. When you register for an account you must (i) provide accurate and complete information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide when you register for the account.
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password will be your responsibility.
4. Description of the Services
The Services include access to the website located at https://selfdecode.com (the “Site”) with tailored results based on the genotype file you choose to use. If you subscribe as an 'Individual' user then you will be limited to a single genotype file upload, whereas if you register as a 'Professional' user then you will have unlimited uploads available. SelfDecode Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic data and presenting results) for interpreting your genetic information, these are not guaranteed to be accurate and may be discontinued at any time. A community platform for forum based discussion and sharing of findings. This community platform may be canceled at any time.
Services are offered to you as a subscription membership service with either a yearly or monthly fee determined by the subscription package you choose. Subscriptions can not be placed on hold. Subscription cancellations will take effect from the next scheduled payment and access to Services will continue until the time of the next scheduled payment. Refunds will be refused to subscribers who have uploaded their genotype to SelfDecode and have accessed the site. We provide a demo version for those who wish to trial the site before purchasing and uploading their file.
SelfDecode reserves the right to terminate your membership for any reason. Nothing in the services provided under the subscription membership model establishes you a perpetual license but rather only a subscription where you must pay an ongoing subscription fee to have up to date access to the program, services or new membership offerings. SelfDecode doesn’t promise you unlimited service. SelfDecode explicitly reserves the right to change or alter program terms and conditions or to cancel the program outright.
5. Risks and Considerations Regarding our Services
The following are things you should seriously consider before subscribing.
You may learn things about yourself that you did not expect. This information has the potential to alter your life. This may not be welcome and may lead to strong emotions. You may discover things about yourself that trouble you. You may also learn things about yourself that may require significant effort to control or change.
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. Unwelcome or negative findings will not be easily forgotten and have the potential to significantly impact your life. We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to subscribing and uploading your genotype file so you can make an informed decision about whether SelfDecode is right for you. A genetic counselor also can help you understand your results and options.
You should not rely only on our recommendations for decisions regarding your health care choices or medical care. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon information from SelfDecode Services. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through our Services, you should contact your physician or other health care provider. Please note that genetic risk assessment is not applicable to results of the Health Categories utility.
You should be careful with your genetic information and when to share it. The Genetic Information Nondiscrimination Act (GINA) was signed into law in the United States in 2008. While this law protects against discrimination by employers and health insurance companies for employment and coverage issues, its exact coverage, and the extent of its protections, has not been clearly established. Further, GINA does not cover life, long-term care, or disability insurance providers. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.
The Services are for exploring your genetic information, it is not designed to provide medical advice. SelfDecode does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, supplements, lifestyle changes, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider.
6. User Representations
By accessing SelfDecode Services, you agree to, acknowledge, and represent as follows:
You understand that information you learn from the Services is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information.
You understand that the Services are intended for informational and educational purposes only, and that while information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information.
You acknowledge that SelfDecode urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your genetic information.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong emotion.
You take responsibility for all possible consequences resulting from your sharing with others access to your genetic information and your Self-Reported Information.
You understand that all your information will be stored in SelfDecode databases.
7. User Information and Content
SelfDecode does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give SelfDecode, its affiliated companies, certain vendors, sub licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) will be deemed non-confidential and non-proprietary. We will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.
You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback on the Site for any reason.
Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that SelfDecode cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that SelfDecode has no obligation to do so on your behalf.
8. Service Fees
By registering for an account with us, you will receive rights and privileges that are personal and non-transferable. All sales and payments of fees (if any) will be in US Dollars. We charge fees based on our sales agreement with you, whether that agreement is separately signed, or part of an online check-out process. We reserve the right to change prices for the Services at any time, but any such change will only apply to you when your then-current enrollment term is renewed. We do not provide price protection or refunds in the event of promotions or price decreases. You agree to pay all applicable fees related to your use of the Services when due, as described on the Site. You are responsible for paying any and all applicable sales and use taxes for the purchase of the Services. We may suspend or terminate your account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.
9. Links to Third Party Sites
We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our program participants. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk.
10. Customer Conduct and Unauthorized Activities
As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to:
Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
"Stalk" or otherwise harass another user.
Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner.
Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of SelfDecode or any other party.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages.
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law.
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
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.
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services.
Attempt to or actually override any security component of the Services.
Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
Violate these Terms of Service, any code of conduct or other guidelines which may be applicable.
Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that SelfDecode has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SelfDecode may suffer) of any such breach. In case of breach of any one of these agreements SelfDecode has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will defend and indemnify SelfDecode and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or SelfDecode has a reasonable ground to suspect that you have violated the terms of this Section, SelfDecode has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
11. Intellectual Property
The contents of the Site and Services, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by SelfDecode or its licensors. Any rights granted herein are expressly licensed. SelfDecode does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELFDECODE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) SELFDECODE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELFDECODE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SELFDECODE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, SELFDECODE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
13. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SELFDECODE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELFDECODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
You also release, waive, discharge and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to indemnify, defend, and hold us and our officers, directors, employees, affiliates, contractors, agents, licensors, subsidiaries, successors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that we may incur in relation to, arising from, (i) your breach of these Terms or of any representation or warranty made by you in these Terms; (ii) your use of this Site or the use of this Site by any person using your user name and/or password and (iii) your User Content. You further and specifically agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. However, without altering your obligations under this paragraph, we have the right, but not the obligation, to select the attorneys who represent us and to assume the exclusive defense and control of any matter subject to indemnification by you to participate through counsel in any defense of any claim and to approve any settlement. You agree to cooperate in any defense under this provision and that you may not settle any claim without our prior written consent.
15. Changes to the Terms of Service
SelfDecode may make changes to these Terms from time to time. When these changes are made, SelfDecode will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, SelfDecode will treat your use as acceptance of the updated TOS.
16. Modifications to Service
SelfDecode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the SelfDecode features or Services, and (ii) SelfDecode shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from SelfDecode. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit SelfDecode to deliver these to you) as part of your use of the Services.
You acknowledge that SelfDecode may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
17. Termination of Services
The TOS will continue to apply until terminated by either you or SelfDecode as set out in this Section.
If you want to terminate your legal agreement with SelfDecode, you may do so by notifying SelfDecode at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to SelfDecode's address, which is set out at the beginning of the TOS, or online via Customer Care. If you provide notice online, SelfDecode will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
SelfDecode may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) SelfDecode is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom SelfDecode offered the Services to you has terminated its relationship with SelfDecode or ceased to offer the Services to you; (4) SelfDecode is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by SelfDecode is, in SelfDecode's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that SelfDecode shall not be liable to you or any third party for any termination of your access to the Services.
18. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and SelfDecode have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding our Services); 6.(User Representations); 7.(User Information and Content); 8.(Service Fees); 9.(Links to Third Party Sites); 10.(Customer Conduct and Unauthorized Activities); 11.(Intellectual Property); 12.(Disclaimer of Warranties); 13.(Limitation of Liability); 14.(Indemnification); 15.(Changes to the Terms of Service); 16.(Modifications to Service); 17.(Termination); 18.(Survival of Terms); 19.(Dispute Resolution and Arbitration); 20.(General Terms); and 21.(Contact Us) shall continue to apply to such rights, obligations, and liabilities indefinitely.
19. Dispute Resolution and Arbitration
Please Read This Provision Carefully. It Affects Your Legal Rights.
Dispute Resolution In General. This provision is to facilitate the prompt resolution of any and all disputes between us, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, and/or any other legal or equitable theory, and including the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) and all disputes that arose before these Terms became effective and those that arise during and after termination or expiration of these Terms (“Disputes”). That is, the term “Disputes” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors).
BY ACCEPTING THESE TERMS, YOU ARE AGREEING THAT ALL DISPUTES WILL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF LITIGATION IN ANY COURT. Specifically, all Disputes will be resolved by binding arbitration, in accordance with the expedited procedures applicable to commercial arbitrations of the Judicial Arbitration and Mediation Service (“JAMS”) in effect at the time of the Dispute, provided, however, that the provisions of these Arbitration Rules shall supplement the JAMS Rules and control in the event of a conflict. TO BE CLEAR, ACCEPTANCE OF THESE TERMS CONSTITUTES A WAIVER OF YOUR RIGHTS TO BE HEARD BY A JUDGE OR JURY.
In interpreting and applying the provisions of this provision and these Terms, the arbitration administrator(s), the Arbitrator, and any court of competent jurisdiction shall be guided by, and endeavor to support, these Terms and to further our intent and yours, as expressed by your acceptance of them, to engage in as streamlined an approach to dispute resolution as possible, tailored to the specific nature of the Dispute between us. This includes recommending that a JAMS mediator be used in lieu of arbitration, if in the opinion of the neutral involved mediation would more effectively resolve the dispute. In the event that arbitration proceeds to discovery, and unless a party presents a compelling reason to extend discovery parameters, we agree to limit discovery to: (i) document production regarding communications and interaction of the two parties and any third party medical providers that you have consulted with regarding SelfDecode’s recommendations; and (ii) a maximum of two depositions per party. An unlimited number of interrogatories may be presented, but such interrogatories must be tailored to isolate facts and documents relevant to the dispute.
Class Action Waiver. Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. Further, as a condition of receiving the Services, you agree that to the maximum extent permitted by the laws of the State of California you will not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against us and will otherwise abide by these Terms.
20. General Terms
Except as specifically set forth herein, any disputes relating to these Terms or the Site will be heard in the courts located in Orange County, California. Any claim you might have against SelfDecode must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact SelfDecode if you wish to receive a printed copy of these Terms.
The relationship between you and SelfDecode is and shall be that of independent contractors and nothing in these Terms shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee.
You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without SelfDecode’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, SelfDecode may assign these Terms in whole or in part. Moreover, SelfDecode may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights.
21. Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com or via mail by posting to; 26471 Via Sacramento Capistrano Beach 92624.