Mindera Health Terms of Service
Welcome to the website operated by Mindera Health (“we”, “us” or “our”). The following terms and conditions (“Terms of Service” or “TOS”), govern your access to and use of our website, including any content, functionality and services offered on or through minderahealth.com (the “Site”).
“Mindera Health” means Mindera Health, whose principal place of business is at 5795 Kearny Villa Rd., San Diego, CA 92123. For purposes of these TOS, Mindera Health includes our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees.
“Service” or “Services” means Mindera Health products, genetic testing services, and website as accessed by the user, regardless of whether the use is in connection with an Account or not. Mindera Health genetic testing services are presently available under the trademark “Mind.Px” test although we may offer the Services under one or more different trademarks or brand names in the future. Thus, any use of the term Mind.Px in these Terms of Service also refers to the same or related products that may be marketed under a different trademark or brand name.
We may revise and update the TOS from time to time at our sole discretion. When changes are made, we will make a new copy of the TOS available on the Site. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. The date the TOS was last revised is identified at the top of the page. Your continued use of the Services following the posting of revised TOS means that you accept and agree to the changes. Please check this page from time to time so that you are aware of any changes, as they are binding on you.
- Description of the Services
Mindera Health offers personal genomic testing and analysis of your biological sample to identify your likely receptivity to biologic medicines. Our Services also include access to and use of the Mindera Health website.
Mindera Health requires healthcare practitioner authorization for each Mind.Px test. Once authorized, your healthcare practitioner or a laboratory service will collect an RNA sample from you using a Microbiopsy device. This sample will be sent to our CLIA certified laboratory where it will be processed, tested, and analyzed. The results of your test will be provided directly to your healthcare practitioner, who will discuss them with you.
- Modification to the Services
Our Services are based on the current state of the genetic research and technology in use at the time of purchase or use. As research progresses and scientific knowledge and technology evolve, we will continue to research and innovate in order to provide the best information to our users. The form and nature of the Services which Mindera Health provides may change from time to time without prior notice to you. Mindera Health is not obligated to notify you if there is a new understanding of genetic research that might result in a change to the interpretation of your results. You acknowledge that Mindera Health may offer different or additional technologies, features, or interpretations in the future. Your initial purchase of the Services does not entitle you to any different or additional technologies, features, or interpretation without fee; you will have to pay additional fees in order to have your sample collected, processed, and/or interpreted using any future or additional technologies or features. Mindera Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- User Representations
By accessing and using Mindera Health’s Services, you agree to, acknowledge, and represent as follows:
You understand that information you learn from Mindera Health 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 will seek the advice of your healthcare practitioner if you have questions or concerns arising from your test results.
You give permission for Mindera Health to perform testing on the RNA extracted from your biological sample and you specifically request Mindera Health to disclose the results of the analyses performed on your sample to your healthcare practitioner and others that you specifically authorize.
You represent that you are a United States resident eighteen (18) years of age or older.
You agree to take responsibility for all possible consequences resulting from your sharing your test results with others.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any of these representations, Mindera Health has the right to refuse any and all current or future use of the Services (or any portion thereof), and you will defend and indemnify Mindera Health against any liability, costs, or damages arising out of the breach of the representation.
You agree to receive communications from us in connection with your use of the Services. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
- General Practices Regarding Storage
We may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that Personal Information and Services content will be retained by us. Mindera Health has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of information due to malfunction or destruction of data servers or other catastrophic events. We reserve the right to change these general practices and limits in our sole discretion at any time.
- Limited License and Use of the Site
The Site and its contents are owned by us, our licensors, or other providers of such material and are protected by all applicable laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark and other intellectual property laws.
Our name, brands, logos, slogans and other trademarks are our trademarks. You may not use such trademarks without our prior written permission.
These TOS permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
You must not:
- Modify the Site or any materials from this Site;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site; or,
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
You may only use the Site for lawful purposes and in accordance with these TOS. You agree not to use the Site:
- In any way that violates any applicable law or regulation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.
- To use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site.
- To use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- To use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose.
- To introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Site.
- Geographic Restrictions
Mindera Health is a United States company and only provides Services to persons over the age of 18 in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws.
- Notice of Limitations of the Test
As with other genetic tests, the Mind.Px test has certain limitations that you should discuss with your healthcare practitioner and carefully consider before proceeding with testing. These limitations include the following:
The Mind.Px test is based on our current knowledge of many diverse technical disciplines including, without limitation, cancer genetics and biology, pathology, immunology, epidemiology, biostatistics, bioinformatics, computational biology, and artificial intelligence. This knowledge changes as more is learned through research and development. Thus a Mind.Px test result based on the current state of knowledge may be interpreted differently in the future.
The Mind.Px test is not a test for psoriasis. The Mind.Px test provides information to assist physicians determine likelihood of patient response to certain classes of biologics. Patients deemed to have a higher likelihood of response to a certain class of biologic may still not respond to it. Patients deemed to have a lower likelihood of response to a class of biologic may in fact respond to it.
Our Services do not incorporate a complete view of your health history. Before you act on any information provided by the Mind.Px test, please consult with your healthcare practitioner.
- Considerations Regarding the Services
The Mind.Px test can only be ordered for you by a healthcare practitioner. Talk to your healthcare practitioner so that you can make an informed decision about whether our Services are right for you.
Once you obtain your results, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you will be welcome. You should also understand that as research advances, in order for you to assess the meaning of your test results in the context of such advances, you may need to obtain further services from Mindera Health, your healthcare practitioner.
You should not change your health behaviors solely on the basis of information from Mindera Health. Make sure to discuss your results with your healthcare practitioner before you act upon the information resulting from the Services. If you have concerns or questions about what you learn from the Mind.Px test, you should contact your healthcare practitioner.
Genetic research is not comprehensive. Future scientific research may change the interpretation of your results as the scientific community may show previous research to be incomplete or inaccurate.
Mindera Health will continue to research and innovate and may sponsor, conduct, or collaborate with third parties on research studies. You understand that by accessing our Services, providing a sample, or having your sample processed, you acquire no rights in any research or commercial products that may be developed by Mindera Health or its collaborating partners. You understand that you will not receive compensation for any research or commercial products that include or result from your information or sample.
Mindera Health does not provide medical advice. The Services are not intended to be used for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your healthcare practitioner with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
- Disclaimer of Warranties
Mindera Health makes commercially reasonable efforts to collect accurate data, to build accurate and useful algorithms, and to offer accurate testing and analysis of high quality. HOWEVER, WE DO NOT WARRANT THE ACCURACY OR USEFULNESS OF OUR PRODUCTS OR TECHNOLOGIES, NOR DO WE ENDORSE, WARRANT OR GUARANTEE THE ACCURACY OR USEFULNESS OF ANY OF THE TECHNICAL INFORMATION MADE AVAILABLE BY US IN CONNECTION WITH OUR SERVICES (INCLUDING, WITHOUT LIMITATION, TEST RESULTS).
YOUR USE OF THE SERVICES, INCLUDING THE MIND.PX TEST, IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. NEITHER MINDERA HEALTH NOR ANYONE ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY OF THE SERVICES OR AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF AND/OR PARTICIPATION IN THE SERVICES.
WE AND ALL PARTIES ASSOCIATED WITH US HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE.
- Limitation of Liability
IN NO EVENT WILL MINDERA HEALTH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES OBTAINED THROUGH THE SITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- 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;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Mindera Health from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees of any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these TOS or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Site’s content other than as expressly authorized, your use of any information obtained from the Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.
- Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Mindera Health have benefited from, been subject to, or which are expressed to continue indefinitely, shall be unaffected by the cessation and shall continue to apply to such rights, obligations, and liabilities indefinitely.
- Dispute Resolution
In the event of any dispute, claim, question or disagreement arising from or relating to these TOS, or the relationship between you and Mindera Health (a “Dispute”), the parties shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution, then the Dispute shall be resolved by binding arbitration in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. To the extent permitted by law, any Dispute must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. To the extent permitted by law, if a claim or dispute is not filed within one year, it is permanently barred.
The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.
Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
Governing Law and Jurisdiction
All matters relating to the Site and these TOS and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California regardless where you access the Site or the Services, and notwithstanding of any conflicts of law principles.
Any failure or delay of Mindera Health to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Each party hereby waives any right to assert consolidated claims with respect to any Disputes subject to arbitration under these TOS or any disputes between the parties.
You may not assign or delegate any rights or obligations under the TOS. Mindera Health may freely assign or delegate all rights and obligations under the TOS, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Mindera Health for any third party that assumes our rights and obligations under this TOS.
Your Comments and Concerns
The Site is operated by Mindera Health, Inc. All feedback, comments, requests for technical support and other communications relating to the Site or our Services should be directed to, Mindera Health, 5795 Kearny Villa Rd., San Diego, CA firstname.lastname@example.org.
Thank you for visiting our Site.