OMMDOM, Inc.
User Terms of Service

Last modified on June 7, 2016

Welcome to CancerGene Connect, a free familial health history compilation service offered through your Health Provider.

CancerGene Connect (“CGC”) is operated by Ommdom, Inc., a Delaware corporation (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “Ommdom,” “we,” “us,” and/or “our”). Ommdom offers the CGC website including all the areas available through such website, (the “Site”) and the genetic and health history compilation services (together with the Site, the “Services”) according to the terms of service (the “Terms” or “Terms of Service”) below. 

These Terms govern your access to and use of CGC and any personal information, genetic information, registration information, self-reported information, and data or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. If you do not agree to the Terms, you must stop using the Services and delete your CGC account immediately. 

 

1. ACCEPTANCE OF TERMS

By your continued use of the Services offered by Ommdom, in any manner, including, but not limited to, visiting or browsing the Site or submitting Content, information, or other materials or services to the Site, you, the user (collectively “Users” or “you”), acknowledge and agree to these legally binding Terms of Service. You also agree to our Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site by Ommdom, which are incorporated by reference.  Our Privacy Policy, which describes how we collect and use information from our Users, is available at http://cagene.com/privacy-policy.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other User's use and enjoyment of the Services. Violation of any terms will result in termination of your account. 

The Services are not directed to children under age 18. To register for a CGC account, you must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older). You affirm that you are at least 18 years old and are fully able and competent to enter into, and comply with, these Terms.  Ommdom reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. 

Ommdom may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Ommdom. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Questions about the Terms of Service may be sent to service@cagene.com.

 

2. ACCESS TO SERVICES

(a)    The Services include the collection of personal and family health and genetic information from you and the use of such information through our website to provide your referring health provider(s) (“Health Provider”) with initial assessments of health risks.

 (b)    You represent and warrant to Ommdom that: (i) you are an individual (i.e., not a corporation) and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 (c)    Ommdom may prohibit any user from using the Service in its sole discretion for any reason, and We are not liable for any damage or loss resulting from such prohibition.

 

3. BASIC TERMS

(a)    You are responsible for using the Services, for any Content you give to the Services, and for any consequences. The Content you submit, post, or display may be viewed by the Ommdom and will be transmitted to your referring Health Provider using the Services. Only provide Content that you are comfortable sharing with others under these Terms. TO BE CLEAR – WE ASSUME NO LIABILITY FOR THE PERSONAL OR HEALTH INFORMATION, OR ANY OTHER CONTENT THAT YOU SUBMIT TO THE SERVICE FOR USE BY YOUR HEALTH PROVIDERS. 

(b)    By using the Services, you are signing up to have your genetic and health information used by the Ommdom and your Health Providers.

(c)    You may use the Services only if you can form a contract with Ommdom and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.

(d)    The Services that Ommdom provides are always evolving, and the form and nature of the Services that Ommdom provides may change from time to time without prior notice to you. Ommdom may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. Subject to the Ommdom’s agreement with your service provider, we also retain the right to create limits on use and storage without prior notice to you.

 

4. RISKS

(a)    YOU SHOULD NOT RELY ON CGC OR ANY OMMDOM PRODUCT OR SERVICE FOR DECISIONS RELATING TO YOUR HEALTH CARE CHOICES OR RISK OF DISEASE. OMMDOM DOES NOT HAVE ANY DOCTORS NOR MEDICAL PROFESSIONALS ON STAFF AND DOES NOT GIVE ANY MEDICAL ADVICE. CGC simply provides your Health Providers with a preliminary analysis based on your submitted Content. Your Health Provider will provide you with detailed information and guidance regarding your health. You should consult with a licensed health care professional if you have, or suspect you may have, a health condition. If you experience any adverse symptoms while following recommendations, consult a licensed healthcare processional immediately. 

(b)    The data that Ommdom evaluates is very sensitive and personal to you. Once your Health Provider shares information learned from using the Services, you may find out information that has a profoundly negative impact on your life, or may cause you to seek future medical help. 

(c)    Your Health Provider, and not Ommdom, is responsible for interpreting the results and providing you with medical advice. You should ALWAYS seek the advice of your licensed health care provider with any questions you have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or medical condition.      

(d)    Ommdom fully complies with the Genetic Information Nondiscrimination Act (GINA).). GINA is intended to protect you against discrimination based on your genetic information in health coverage and in employment, but does not include life, long-term care, or disability insurance companies. Insurance companies generally do not request genetic information, but this could change in the future. Ommdom will not share your personally identifiable genetic data with anyone, including insurance companies or employers, unless compelled to do so by law or court order.

(e)    Ommdom does not release your genetic or medical information to third-parties other than your Health Provider. Personal information that you share with your Health Provider through the Services may become part of your healthcare record, which may be accessible to insurance companies or other third-parties in the future, in accordance with your Health Provider’s policies. 

 

5. PRIVACY AND DATA SECURITY

HIPAA: Any information you provide to Ommdom via CGC is subject to our HIPAA Privacy Policy accessible at www.cagene.com/hipaa and these Terms, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information in the following manner: (a) the analysis and transfer of your information to your referring Health Provider, and (b) the aggregation and analysis of non-identifiable information by Ommdom for the use of your Health Provider.  Ommdom may transfer this information within the United States and/or to other countries for storage, processing, and use by Ommdom, solely as described in these Terms of Service Privacy Policy, and HIPAA notice. 

As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages (e.g. for updates to these Terms, notices regarding new services, or communications regarding account information). These communications are considered part of the Services and your CGC account, which you may not be able to opt-out from receiving.

Anonymized Aggregated Data: Subject to review and approval by your Health Provider, we collect and anonymize medical information including (but not limited to): your demographic information, your health history, your family structure, and your family’s health history.

Data Security and Integrity: Ommdom has a global hosting center that stores and processes personal health information in the United States. We take reasonable precautions to protect personal health information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We also make reasonable efforts to keep personal health information reliable for its intended use, accurate, current, and complete. 

Ommdom takes reasonable technical and organizational measures to protect the security of your personal health information. When a secure form asks users to enter personal information or personal health information, that information is encrypted and protected with the encryption software standard in the industry. While we use encryption to protect certain financial or health information online, we also take reasonable steps to protect user information off-line. All of your personal information, not just the financial information mentioned above, is subject to restricted access in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative or sales representative) are granted access to personal information or personal health information. Our employees must use passwords to gain access to personal information. Furthermore, all employees are regularly informed about our security and privacy practices. When new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to protect the Users’ personal information and personal health information. Finally, we maintain reasonable technical and organizational measures to make sure that the servers on which we store personal health information are kept in an access restricted, physically secure, and monitored environment. If you have any questions about the security at our website, you can send an email to service@cagene.com.

 

6. PASSWORD

As a condition of using certain aspects of the Service, you are required to create a CGC account and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. 

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your CGC account. Ommdom cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You shall never use another User’s account without the other User’s express permission. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to service@cagene.com immediately. 

You shall not use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. If for any reason Ommdom determines that you have failed to follow these rules, we reserve the right to terminate your account, suspend or terminate your access to the Services, and prohibit any and all current or future use of the Services by you, and if necessary bring a lawsuit against you for any damages caused by your inaccurate or false information.

 

7. CONTENT ON THE SERVICES

(a)    You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services. This license is revocable at any time. This license is subject to these Terms.

(b)    You acknowledge that Ommdom has no control over, and no duty to take any action regarding the following: (i) what Content you input via the Services; (ii) what effects the Content or its analysis may have on you; (iii) how you or your health care provider may interpret or use the Content or its analysis; or (iv) what actions you may take as a result of having been exposed to the Content or its analysis. You release Ommdom from all liability for you having acquired or not acquired Content through the Services.

(c)    All Content, including personal health and genetic information, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Ommdom is not the source of, does not verify or endorse, and takes no responsibility for the content of information made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the Ommdom and your referring Health Provider. The content of communications is entirely the responsibility of the person from whom such communications originated.

(d)    We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, analysis, or information posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be startling, harmful, inaccurate or otherwise risky. The information you may receive as a result of using the Services could evoke strong emotions, and you could discover things about yourself that trouble you. Under no circumstances will Ommdom be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind (including, but not limited to physical or emotional) incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

8. PROHIBITED USE

(a)    We reserve the right (but will not have an obligation) to remove or refuse to transfer any Content on the Services and to suspend or terminate users or reclaim usernames without liability to you.  If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary.  We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct. 

(b)    You are prohibited from submitting Content that:

i.    Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

ii.    Is intended to or produces the result of committing fraud; or

iii.    Violates the rights of a third party.

(c)    You may not submit or publish Content that contains falsehoods or misrepresentations. You agree not to circumvent, disable or otherwise interfere with the security related features of the Services or features that prevent or restrict using any Content.

(d)    We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Ommdom, its users and the public. Ommdom does not disclose personally identifying information to third parties except your referring Health Provider, as set forth in these Terms.

(e)    You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Ommdom’s computer systems, or the technical delivery systems of Ommdom’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Ommdom (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Ommdom; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.

 

9. USER SUBMISSIONS

(a)    Except for information that is otherwise protected by law, when you upload, communicate or submit Content on or through the Services, you grant Ommdom a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to use your Content for the purposes set forth herein. This right will continue even after you stop using the Service. You also grant Ommdom, under said license, the right to transfer and deliver the Content, which includes the distribution via computer and networks; and the right to aggregate and analyze non-identifiable information for data purposes subject to the review and approval by the Health Provider. 

(b)    The submission of your Content on the Service is entirely voluntary, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:

i.    The Content represents your own personal gene and health information, or that of your relatives. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Content or any other personal information.

ii.     You understand that by submitting information you are voluntarily allowing Ommdom to transfer your gene and health information and Content, which may become part of your healthcare record, to your Health Provider.

 

10. COPYRIGHT OWNERSHIP AND DATA SECURITY

(a)    Ommdom owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Ommdom Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service owned by Ommdom.

(b)    Ommdom respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to Ommdom’s copyright agent:

i.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

ii.    A description of the copyrighted work or other intellectual property that you claim has been infringed;

iii.    A description of where the material that you claim is infringing is located on the site;

iv.    Your address, telephone number, and email address;

v.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

vi.    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

(c)    Ommdom’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: service@cagene.com. 

 

11. TERMINATION

(a)    This Agreement shall remain in full force and effect while you use the Services. You may terminate using the Services at any time.  Ommdom may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Ommdom may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.

(b)     Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination.

 

12. DISCLAIMERS

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, OMMDOM MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. OMMDOM DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

 

13. LIMITATIONS ON LIABILITY

(a)    OMMDOM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES, AND ANY AFFILIATED CGC INFORMATION, SHOULD BE DISCUSSED WITH YOUR LICENSED MEDICAL PROFESSIONAL. THE SERVICES AND MATERIAL IS FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND YOU BEAR THE RISK OF THEIR QUALITY AND PERFORMANCE. 

(b)    TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL OMMDOM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

(c)    TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL OMMDOM OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO OMMDOM HEREUNDER.

(d)    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.

 

14. INDEMNIFICATION

By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Ommdom, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another user.

 

15. INTERNATIONAL USERS

The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer. 

 

16. CHILDREN'S PRIVACY

The Service and Ommdom Content are not directed at children under the age of 18 and Ommdom does not allow users under the age of 18. Ommdom does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Ommdom or on the Services. If we learn we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at service@cagene.com.

 

17. MISCELLANEOUS

(a)    Ommdom’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

(b)    Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

(c)    Any dispute between you and Ommdom will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

(d)    This Terms of Service constitutes the entire agreement between you and Ommdom and supersedes any and all previous agreements, written or oral, between you and Ommdom, including previous versions of the Terms of Service.

(e)    We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.

(f)    These Terms create an agreement between us and you. They create no third-party beneficiary rights.

(g)    Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.