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Terms of Use

Welcome to the Web site of the Coriell Personalized Medicine Collaborative™ . This Web site will be referred to as the "CPMC™ site" or "this Web site". This Web site is owned by the Coriell Institute for Medical Research, a 501(c)(3) tax-exempt public charity, as defined by the US Internal Revenue Service, referred to as "Coriell".

Your use of the CPMC™ site is governed by this agreement. Please read it carefully as your use of this Web site constitutes acceptance to this agreement. If you do not want to be bound by this agreement, do not use this Web site.

Coriell may revise this agreement at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Web site. If you do not want to be bound by a change, you must discontinue your use of this Web site.

Your violation of these Terms of Use will constitute grounds for Coriell to refuse you any further access to this Web site or other websites of Coriell.

You will be responsible for any use of this Web site by any minor child under the age of 18, whom you allow to access this Web site.

Not Medical Advice

The CPMC™ site does not offer medical advice. Any content accessed through the CPMC site is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the CPMC site.

Your Account and Use of the CPMC™ site

You must provide accurate and complete registration information any time you register to use the CPMC site. You are responsible for the security of your passwords and for any use of your account. You must immediately notify Coriell of any unauthorized use of your password or account by emailing to privacy@coriell.org.

Your use of the CPMC™ site and any content accessed through the Web site must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use the CPMC site.

Use of Your Information

If you create, transmit, or display health or other information while using the CPMC™ site, you may provide only information that you own or have the right to use. When you provide your information through the CPMC site, Coriell may only use health information you provide as permitted by the CPMC Privacy Policy and applicable law. Coriell is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by Coriell to any third party.

Additional Terms

Your use of the CPMC™ site and any content accessed through the Web site is subject to each of the additional terms provided in connection with the CPMC site, including the Privacy Policy.

Content and Services Accessed through the CPMC™ site

The CPMC™ site may make third-party services available through the Web site. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

Coriell may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Coriell further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through the CPMC™ site.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK.

Coriell Proprietary Rights

Coriell and its Licensors own all proprietary rights to the CPMC™ site. Coriell gives you a personal, revocable, non-assignable, and non-exclusive license to use the CPMC™ site.

Modification and Termination of the CPMC™ site

Coriell may place limits on, modify, suspend or terminate the CPMC™ site generally, and may suspend or terminate your use of the CPMC™ site if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If Coriell terminates the CPMC site or your use of the Web site, this agreement will also terminate.

Changes to this Agreement

Coriell may change this agreement and will post the modified agreement on the Web site. If you do not agree to the modified agreement, you should stop using the CPMC™ site. Your continued use of the Web site after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CORIELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, FEES (INCLUDING ATTORNEYS’ FEES) COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE CPMC™ SITE.

Exclusion of Warranties

ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CPMC™ SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE SPECIFICALLY DISCLAIMED. CORIELL DOES NOT WARRANT THAT THE CPMC SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE CPMC SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CORIELL BE HELD LIABLE UNDER THIS AGREEMENT, FOR YOUR USE OF THE CMPC SITE OR ITS CONTENT, OR FOR YOUR USE OF ANY THIRD PARTY SITE OR ITS CONTENT, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER NON-DIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CORIELL KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CORIELL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR OTHER LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE CPMC SITE, OR ANY SERVICES PROVIDED HEREUNDER MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE SUCH ACTION OR CAUSE OF ACTION AROSE, OR THE SAME SHALL BE FOREVER BARRED.

General Legal Terms

If you have not signed a separate written agreement with Coriell related to the CPMC™ site, this agreement is the entire agreement between you and Coriell related to the CPMC site, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Coriell related to the CPMC site, the signed written agreement will control.

If Coriell provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by New Jersey law. THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE CPMC™ SITE ARE THE STATE OR FEDERAL COURTS LOCATED IN CAMDEN COUNTY, NEW JERSEY. YOU AND CORIELL IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS FOR THIS PURPOSE. Nothing in this agreement limits either party's ability to seek equitable relief.



Last Updated: August 4, 2008