PROGENY FREE ONLINE PEDIGREE TOOL: TERMS AND CONDITIONS
Thank you for your interest in Progeny’s Free Online Pedigree Tool Application, which consists of the Pedigree Builder and Draw Pedigree, accessible at https://pedigree.progenygenetics.com/ (the “Application”). For purposes of these Terms & Conditions, references to “Progeny,” “we,” “our,” and “us” means Progeny Genetics LLC.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE APPLICATION.
THESE TERMS AND CONDITIONS HAVE BEEN UPDATED. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE APPLICATION. PROGENY HAS AGREED TO PROVIDE THE APPLICATION ON THE EXPRESS CONDITION OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.
BY ACCESSING THE APPLICATION, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AS APPLICABLE, ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS BELOW;
- YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW;
- THE TERMS AND CONDITIONS BELOW ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND PROGENY; AND
- IF ACCESSING THE APPLICATION ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND THE ENTITY TO ALL OF THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT, THEN YOU MAY NOT ACCESS OR USE THE APPLICATION.
1. LICENSE AND SUPPORT. Progeny hereby grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Application. This limited license is contingent on your compliance with these Terms & Conditions.
Progeny may terminate this limited license at any time for any reason by, including without limitation, removing the Application from our website. The Terms & Conditions will survive termination.
2. COPYRIGHT AND OWNERSHIP. All right, title, and interest in and to the Application is owned by Progeny. Such rights are protected by copyright and other applicable intellectual property laws in the United States and other territories and by international treaty provisions. Progeny enforces its intellectual property rights to the fullest extent permitted by law.
No right, title, or interest in or to the Application, any trademarks, service marks, or other intellectual property rights owned by Progeny is granted by the Terms & Conditions.
3. COPY AND OTHER RESTRICTIONS. Without Progeny’s prior written consent, you may not, nor permit any third party to: (a) sub-license, assign, transfer, distribute, pledge, lease, rent, share, or otherwise convey the Application; (b) modify or adapt the Application; (c) disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Application or the software supporting it; (d) remove any product identification, copyright notices, or other proprietary or other notices from the Application; or (e) disclose system performance of the Application to third parties.
5. NO MEDICAL ADVICE. The Application is provided as a public service by Progeny. It 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 the Application. Nothing contained in the Application should be intended to be a medical diagnosis or treatment directive or recommendation. Reliance on the Application is solely at your own risk.
6. NOTE TO PARENTS. The Application is directed at an adult audience and is not intended or designed for children under the age of 13. We do not knowingly collect information from children. By using this Application, you confirm that you are over the age of 13.
7. CHANGES TO THESE TERMS. Progeny may revise or modify these Terms & Conditions from time to time. Such changes, revisions, or modifications shall be effective immediately upon posting such revisions or modifications on www.progenygenetics.com. If you disagree with these Terms & Conditions, your sole remedy is to discontinue your use of the Application. Any use of the Application by you after such notice shall constitute acceptance of the changes.
8. LIMITED WARRANTY AND LIMITATION OF LIABILITY. PROGENY WARRANTS THAT THE APPLICATION IS PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. PROGENY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FUNCTIONALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROGENY ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH THE APPLICATION IS USED, ANY DATA PROCESSED BY THE APPLICATION, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE APPLICATION. PROGENY MAKES NO WARRANTIES THAT THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPLICATION WILL PROVIDE SPECIFIC RESULTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE APPLICATION IS FREE OF VIRUSES. PROGENY RESERVES THE RIGHT TO MAKE CHANGES TO THE APPLICATION FROM TIME TO TIME WITHOUT NOTICE OR OBLIGATION.
PROGENY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON USE OF THE APPLICATION. PROGENY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL INJURY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APPLICATION, EVEN IF PROGENY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE APPLICATION, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold Progeny and its directors, officers, employees, corporate parent and affiliates, 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 (a) your violation of any provision of these Terms & Conditions or (b) your activities with respect to the Application.
10. GOVERNING LAW AND VENUE. You agree that any dispute relating to the Application will be resolved according to the laws of the State of Florida, without regard to conflict of law rules. You agree that the courts of the State of Florida have exclusive jurisdiction over any legal proceedings arising out of or related to your use of the Application. If you are accessing the Application from any location with regulations or laws governing personal data collection, use, or disclosure that differ from United States laws or regulations, please note that you are transferring personal information to the United States and you consent to that transfer and to the collection and processing of such information in the United States.
11. EXPORT LAW ASSURANCES. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was legally obtained or authorized by Progeny. In particular, but without limitation, the Application may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. .
12. ENTIRE AGREEMENT. You acknowledge that these Terms & Conditions represent the entire agreement between you and Progeny with respect to the Application, and that no other representations or promises, verbal or otherwise, will affect these Terms & Conditions.
13. SEVERABILITY. If any part of the Terms & Conditions 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 & Conditions, which will continue to be in full force and effect.
14. WAIVERS. The failure or delay of Progeny to exercise any of its rights under these Terms & Conditions shall not be a deemed waiver thereof and no waiver by Progeny of any violation of these Terms & Conditions shall constitute a waiver of any other or subsequent violation.