Terms of Use

These Terms of Use (“Terms”) govern your use of AmbryShare (the “Site”). Please read these Terms carefully before accessing the Site. By accessing the Site, you acknowledge that:

  1. You have read and understand all of the Terms; and
  2. You agree to be bound by all of the Terms.

If you do not wish to be or cannot be bound by all of these Terms, including, without limitation, the preceding acknowledgement, then you may not access or use this Site.

Your Account

To obtain full access to this Site, you are required to become a registered user by completing a registration form and establishing a unique user ID and password. When registering, you must provide true, accurate, and complete information about yourself as requested by the applicable registration form. You are responsible to maintain and promptly update your registration data to keep it true, accurate, and complete.

You must keep your account and passwords confidential and may not authorize any third party to access or use the Site on your behalf. You may not use anyone else’s account at any time, with or without the permission of the account holder.

You must immediately notify Ambry if you suspect misuse of your account or believe your account credentials may have been compromised. To the extent permitted by applicable law, Ambry will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Except to the extent prohibited by law, You assume all liability for damages which may arise from your use of the Site. Ambry will not be liable to You for any loss, claim or demand made by You, or made against You by any other party, due to or arising from your use of the Site, except to the extent permitted by law when caused by the gross negligence or willful misconduct of Ambry.

Privacy

Ambry is committed to protecting the privacy of all users of this Site. All information provided by you or collected by Ambry is governed by our Privacy Policy, as well as our Notice of Privacy Practices, which are incorporated herein by reference and available for viewing. Your continued use of this Site constitutes your agreement with our Privacy Policy and Notice of Privacy Practices, as applicable. For US government employees only: In the event of any conflicts between this Agreement and the above referenced Privacy Policy and Notice of Privacy Practices the terms of this Agreement shall prevail.

Security

The security of any data you submit via this Site is very important to us. This Site uses password protection and encryption technology, and conforms to requirements of the Health Information Portability and Accountability Act of 1996 (“HIPAA”), and we regularly review our security practices to help ensure that your data is maintained securely. If we learn of suspicious activity involving a user account or user data, Ambry has the right to immediately suspend access or terminate a user account. No system, however, can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us.

No Medical Advice

The information contained in this Site is provided as a public service by Ambry. It is posted for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment.

We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via this Site. Nothing contained in this Site should be intended to be a medical diagnosis or treatment directive or recommendation. Ambry does not recommend or endorse any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through the Site. Reliance on any information provided by Ambry, employees of Ambry, or other users of the Site is solely at your own risk.

No Warranty

Ambry makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this Site. Although we make reasonable efforts to include accurate and up-to-date materials in this Site, any information presented in the Site as of a particular date may only be accurate as of such date and Ambry disclaims any responsibility to update such information. You are responsible for verifying any information before relying on it. Ambry makes no representations or warranties that use of the Site will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Site is free of viruses. THE INFORMATION ON THIS SITE IS PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. AMBRY HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION IN THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL, WRITTEN, OR IN OTHER FORM.

Changes to These Terms

Ambry may revise or modify these Terms from time to time, in which case they will be presented to you the first time that you login to the Site after such modifications have been made. If you disagree with these Terms, your sole remedy is to discontinue your use of this Site. Any use of this Site by you after such notice shall constitute acceptance of the changes.

Limitation of Liability

AMBRY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED IN THIS SITE. AMBRY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF AMBRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, THE INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THIS SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Indemnification

Unless you are a United States Government Employee and except to the extent prohibited by law, you agree to indemnify, defend, and hold Ambry and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities with respect to this Site. The United States Government may be liable only to the extent as provided under the Federal Tort Claims Act (28 U.S.C. Chapter 171).

Prohibited Conduct

In using this Site, you may not do the following or assist another in doing the following:

  • Attempt to gain unauthorized access to any portion or feature of the Site;
  • Probe, scan, or test the vulnerability of the Site or any network connected to the Site;
  • Use any device, software, or routine to interfere with the proper working of the Site or with any other person’s use of the Site;
  • Impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Ambry on or through this Site;
  • Use this Site to disclose or obtain another person’s personal information, or collect information about users of this Site;
  • Use any automated system, such as, but not limited to, “robots,” “spiders,” “page scrape,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
  • Use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Ambry;  
  • 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, gender identity, or any other statutorily protected status; or
  • Violate any applicable laws or regulations or these Terms. 

Intellectual Property

All information, communications, software, photos, text, video, graphics, music, sounds, images, and other materials in this Site (collectively, “Content”) are the property of Ambry, unless otherwise indicated, and are protected by copyright, trademark, or other intellectual property laws. Ambry enforces its intellectual property rights to the fullest extent permitted by law. Except as provided herein, the Content in this Site may not be distributed, downloaded, modified, reused, reposted, or otherwise used, except that you may view, use, and download a single copy of this Site for your informational, non-commercial use. Except as provided herein, no Content in this Site may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may you redistribute the Content, incorporate the Content into your own site or written materials, or create derivative works for any purpose, without the prior written permission of Ambry. Notwithstanding the foregoing, Ambry grants permission to any registered user of this Site to download the exome sequencing data made available on this Site (the “Data”), to conduct further research using the Data, and to generate new data. Any use, distribution, republication, or other use of the Data, including any subset thereof, must be identified as being provided by Ambry.

Governing Law & Venue

This Agreement shall be construed in accordance with the laws of the State of California and United States Federal law as applied by the Federal courts in the District of Columbia. In case of conflict, federal law as applied by the Federal courts in the District of Columbia shall prevail.

Severability

If any part of the Terms is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms, which will continue to be in full force and effect.

Entire Agreement

You acknowledge that these Terms represent the entire agreement between you and Ambry with respect to this Site, and that no other representations or promises, verbal or otherwise, will affect these Terms.

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