NOTICE OF ARBITRATION PROVISIONS:
YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BI-LATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 15 AND IN THESE TERMS OF SERVICE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.
These Terms of Service (“Terms of Service”) apply to your access to, and use of, the services of NOVA Genomics, LLC and its subsidiaries and affiliated companies/brands (collectively, “NOVA Genomics”, “us”, “our” or “we”), including without limitation our website available at https://novagenomics.org (the “Website”) or the link to these Terms of Service (collectively, with the Website, the “Services”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with NOVA Genomics, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf.
ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully accept to be legally bound by these Terms of Service.
If you do not agree to these Terms of Service, please do not use, and promptly exit the Services.
NOVA Genomics may, subject to the below, change these Terms of Service from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these Terms of Service constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Service would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Service being deemed illusory or unenforceable.
Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.
PERMITTED USE; SECURITY
Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by NOVA Genomics and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by NOVA Genomics, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without NOVA Genomics’ prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Service, information will be transmitted over an internet medium that is beyond the control of NOVA Genomics. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.
It is a condition of your use of the Services that you do not:
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Services, or access by anyone accessing the Service using your Account.
Your use of the Services and any information provided by you or gathered by NOVA Genomics or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. By using the Services, you acknowledge and agree to NOVA Genomics’ collection, use and sharing of your information as set forth in the Privacy Policy.
If you do not agree to our Privacy Policy or these Terms of Service, please do not use and promptly exit the Services.
USER CONDUCT AND SUBMISSIONS
You are responsible for your use of the Services, and for any consequences thereof, including any information or materials you choose to provide to us through the “Contact Us” or “Contact Our Team to Learn More” pages on the Website.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Service, or in violation of applicable law.
You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Service or any of our or our licensors’ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provider access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any Content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through this Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the Content) without NOVA Genomics’ prior express written permission; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including NOVA Genomics’); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; or (xv) violate any applicable law.
Certain portions of the Services may allow users to submit, upload, post, upload, share or otherwise transmit photos, audio, video and other media, files, data, commentaries, suggestions, comments, feedback, reviews, audio, video or other content (“Content”) in posts, public or private messages to us and/or the public, or other similar transmission.
If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Service to upload, post, share or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior; (b) violates, infringes, threatens, abuses, harasses or evades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity; (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (f) impersonates any person or entity, including any employee or representative of NOVA Genomics; (g) imply that your Content is in any ways sponsored or endorsed by NOVA Genomics, except without our prior written consent; or (h) violates any applicable law or these Terms of Service.
You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.
You must not submit, upload, post, share, or otherwise transmit any protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or any other personal, confidential, or legally privileged information through the “Contact Us” form or any other messaging features of the Services. We do not agree to receive, store, process, or secure such information, and disclaim all liability for any loss, misuse, or unauthorized disclosure of information you provide in violation of this requirement. You acknowledge that you do so entirely at your own risk.
All your Content must comply with these Terms of Service, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content.
COPYRIGHTS
NOVA Genomics respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. NOVA Genomics, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NOVA Genomics to locate the material on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NOVA Genomics a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:
NOVA Genomics, LLC
9430 Forestwood Ln., Suite 103
Manassas, VA 20110
by email: Cynthia@Novagenomics.org.
PROPRIETARY RIGHTS
NOVA Genomics owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all Content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of an authorized officer of NOVA Genomics is strictly prohibited.
NOVA Genomics’ service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by NOVA Genomics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NOVA Genomics.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
The Services are offered and available to users who are 18 years of age or older. If you are under 18 years of age, you should use NOVA Genomics only with the involvement and permission of a parent or legal guardian and only if permitted in your jurisdiction. Children under the age of 16 years of age must not use and must promptly exit the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all the foregoing eligibility requirements. If we learn we have collected or received personal information from a child under the legal age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact us at Cynthia@Novagenomics.org.
If you do not meet all these requirements, you must not use and promptly exit the Services.
Pursuant to 47 U.S.C. Section 230(d) as amended, NOVA Genomics hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
DISCLAIMERS
DISCLAIMERS OF WARRANTIES: While NOVA Genomics uses reasonable efforts to include up-to-date information on the Services, NOVA Genomics makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. NOVA GENOMICS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOVA GENOMICS, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “NOVA GENOMICS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOVA GENOMICS DOES NOT WARRANT THAT THE SERVICES OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES AND SERVICE IS SOLELY AT YOUR RISK.
NO MEDICAL ADVICE: WHILE NOVA GENOMICS PROVIDES GENETIC TESTING SERVICES AND GENERAL INFORMATION, WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT RECOMMENDATIONS. THE SERVICES ARE NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED HEALTHCARE PROVIDER. ANY INFORMATION PROVIDED ON THE WEBSITE OR THROUGH ITS CONTENT, SHOULD NOT BE CONSIDERED MEDICAL, DIAGNOSTIC, OR TREATMENT ADVICE. USERS SHOULD ALWAYS SEEK THE ADVICE OF THEIR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING MEDICAL CONDITIONS, TREATMENTS, OR HEALTHCARE DECISIONS. RELIANCE ON ANY INFORMATION PROVIDED BY NOVA GENOMICS IS SOLELY AT YOUR OWN RISK.
EXCLUSION OF DAMAGES
NONE OF THE NOVA GENOMICS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NOVA GENOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NOVA GENOMICS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, NOVA GENOMICS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 OF THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE NOVA GENOMICS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO NOVA GENOMICS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS, AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NOVA GENOMICS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
INDEMNIFICATION
You agree to indemnify and hold harmless NOVA Genomics, and at NOVA Genomics’ option, the NOVA Genomics Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the NOVA Genomics’ Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the NOVA Genomics’ Parties, NOVA Genomics may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of NOVA Genomics.
TERMINATION
In its sole and absolute discretion, with or without notice to you, NOVA Genomics may suspend or terminate your use of and access to the Services and remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Service; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing NOVA Genomics at Cynthia@Novagenomics.org. NOVA Genomics shall process your termination request in accordance with its customary processes and procedures. NOVA Genomics shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which NOVA Genomics may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to NOVA Genomics.
GENERAL
These Terms of Service and the relationship between you and NOVA Genomics shall be governed by the laws of the United States and the State of Virginia without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in Virginia, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum nonconveniens or otherwise. Licensors of the NOVA Genomics Services are third party beneficiaries to these Terms of Service. No failure or delay by NOVA Genomics in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, these Terms of Service, our Privacy Policy, or other NOVA Genomics Transactions or Relationships (as defined below) must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without NOVA Genomics’ prior written consent.
BINDING ARBITRATION OF ALL DISPUTES
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with NOVA Genomics; (iii) any data or information you may provide to NOVA Genomics or that NOVA Genomics may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “NOVA Genomics Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other NOVA Genomics Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of NOVA Genomics’ parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against NOVA Genomics, and any claim that NOVA Genomics may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NOVA Genomics Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.
To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against NOVA Genomics within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and NOVA Genomics, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
You further agree that:
NOTICE TO CALIFORNIA USER
California residents have specific privacy rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to Section VIII of our Privacy Policy for more information on those rights.
CONTACT US
If you have any comments, feedback, or questions, including complaints regarding the Services, or if you are seeking further information regarding the Services, NOVA Genomics can be contacted at:
NOVA Genomics, LLC
9430 Forestwood Ln., Suite 103
Manassas, VA 20110
by email: Cynthia@Novagenomics.org.
