Foundation Laboratory | Terms of Service



Terms of Use

1. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of, is linked to, or contains any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Foundation Laboratory’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Foundation Laboratory’s express written consent.

You must not use this website for any purposes other than what is specifically provided by Foundation Laboratory without Foundation Laboratory’s express written consent.

2. Prerequisites

By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least eighteen (18) years of age

Whether you submit your own sample, you may not use the Services and may not accept the TERMS OF USE if (1) you are not of at least eighteen [18] years of age, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

If your use of the Services includes creating a Foundation Laboratory account, without submitting a sample , you must be at least eighteen (18) years of age to use the Services and accept the TERMS OF USE.

3. Acceptance of Terms

Your use of Foundation Laboratory’s Services (excluding any services provided by Foundation Laboratory under a separate agreement) is subject to the terms of the legal agreement between you and Foundation Laboratory’s set forth in these TERMS OF USE. Except as specified herein, these TERMS OF USE apply to any use of the Services, including but not limited to a) submitting a sample for processing and analyzing, b) interacting with it on the Foundation Laboratory website, and/or c) creating and using a free Foundation Laboratory account without providing your sample. In order to use the Services, you must first agree to the TERMS OF USE. These terms and conditions govern your use of this website and all avenues associated to this website; by using this website, either directly or indirectly, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website, either directly or indirectly. Further, you accept these TERMS OF USE upon account creation. In this case, you acknowledge and agree that Foundation Laboratory will treat your use of the Services as acceptance of the TERMS OF USE from that point onwards. In addition, when using particular Foundation Laboratory Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS OF USE. Foundation Laboratory may also offer other services from time to time that is governed by different terms of use.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

This website uses cookies. By using this website, either directly or indirectly, and agreeing to these terms and conditions, you consent to our Foundation Laboratory’s use of cookies in accordance with the terms of Foundation Laboratory’s privacy policy.

4. Foundation Laboratory’s Proprietary Rights

You acknowledge and agree that Foundation Laboratory, or Foundation Laboratory’s licensors, own all legal right, title, and interest in and to the Services, including any intellectual property rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets, which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Foundation Laboratory and that you shall not disclose such information without Foundation Laboratory’s prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Foundation Laboratory, you agree not to and not to permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Foundation Laboratory and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Foundation Laboratory, and other Foundation Laboratory logos and product and service names are trademarks of Foundation Laboratory and these marks together with any other Foundation Laboratory trade names, service marks, logos, domain names, and other distinctive brand features are the ” Foundation Laboratory Marks”. Unless you have been expressly authorized in writing by Foundation Laboratory, other than through the Limited License in Section 10, nothing in the TERMS OF USE gives you a right to use any Foundation Laboratory Marks and you agree not to display, or use in any manner, the Foundation Laboratory Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices, including, but not limited to, copyright and trademark notices, that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by Foundation Laboratory, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such trademarks, service marks, trade names, or logos, whether these trademarks, service marks, trade names, or logos are registered or not.

For any Software not accompanied by a License Agreement, Foundation Laboratory grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not, and may not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Foundation Laboratory, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Foundation Laboratory, in the manner permitted by the TERMS OF USE. Unless Foundation Laboratory has given you specific written permission to do so, you may not assign, or grant a sublicense of, your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Foundation Laboratory for use in accessing the Service. Any rights not expressly granted herein are reserved.

5. License to Use Website

Unless otherwise stated, Foundation Laboratory and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all of these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
• republish material from this website, including republication on another website;
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute materials from this website, except for content specifically and expressly made available for redistribution.

6. Description of the Services

Foundation Laboratory is an advanced, accredited and certified clinical diagnostic laboratory successfully servicing medical clinics, multi-specialty groups, hospitals, laboratories, State and Federal Institutions throughout California. Foundation Laboratory benefits from the expertise of many highly qualified scientists who provide a professional environment for "patient centered" services in the following departments: Chemistry, Coagulation, Cytology, Endocrinology, Flowcytometry, Genotyping, Hematology, ImmunoHematology, Immunology, Microbiology, Molecular Microbiology, Pathology, Serology, Special Chemistry, Therapeutic Drug Monitoring, Urinalysis, etc. Our client services department and professional marketing and sales team strive to provide better services and build stronger relationship with physicians' offices.

Through strict adherence to our quality assurance, Foundation Laboratory is able to consistently provide all of its clients with accurate and medically relevant laboratory results. To ensure highest quality care, Foundation Laboratory is evaluated and certified by:
• California Department of Health Services
• US Department of Health and Human Services
• College of American Pathologists, American Association of Bioanalysts

Clinical laboratory testing plays a crucial role in the detection, diagnosis, and treatment of disease. Therefore it is crucial to have the right technology for optimum and accurate results. Foundation Laboratory is equipped with the latest technological advancements and machinery in the laboratory science field. Our company utilizes the finest laboratory information system, providing our clients with online test requisition and resulting platforms.

Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TERMS OF USE.

You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the technology in use by Foundation Laboratory at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Foundation Laboratory is constantly innovating in order to provide the best possible experience for its users.

You acknowledge and agree that the form and nature of the Services which Foundation Laboratory provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Foundation Laboratory may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Foundation Laboratory’s sole discretion, without prior notice to you.

You may stop using the Services at any time. You do not need to specifically inform Foundation Laboratory when you stop using the Services unless you are requesting closure of your account.

Foundation Laboratory assumes no responsibility for the use of Services outside the terms of this TERMS OF USE or other applicable terms.

In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access devices. You are solely responsible for providing such equipment.

You acknowledge and agree that while Foundation Laboratory may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by Foundation Laboratory at any time, at Foundation Laboratory’s discretion.

7. Risks and Considerations Regarding Foundation Laboratory Services

Foundation Laboratory Services are for research, informational, and educational use only. We do not provide medical advice. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare providers with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

Foundation Laboratory does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website.

8. Account Information

You will be required to create a user account (“Your Account”) to order our services, activate your test kit, obtain your results, and/or access certain restricted portions of our website. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. Foundation Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time for any reason. The Services are for use only in the United States.

After you have purchased our Service, you will create a user ID and password to enable you to access restricted areas of this website or other content or services. You must ensure that the user ID and password are kept confidential and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Foundation Laboratory’s website through your username and password, you will defend and indemnify Foundation Laboratory and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Foundation Laboratory of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Foundation Laboratory cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. User Representations

By accessing Foundation Laboratory Services, you agree to, acknowledge, and represent as follows:

a) You acknowledge that information you learn from Foundation Laboratory 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 acknowledge that the Foundation Laboratory services are intended for research, informational, and educational purposes only and that while Foundation Laboratory information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Foundation Laboratory urges you to seek the advice of your physician or other healthcare providers if you have questions or concerns arising from your results.

b) You give permission to Foundation Laboratory, its contractors, sub-contractors, successors, subsidiaries, parent company, and assignees to perform laboratory testing services on the sample you provide and specifically request Foundation Laboratory to disclose the results of analyses performed on your sampleto you and to others you specifically authorize.

c) You represent that you are eighteen (18) years of age or older if you are providing a sample.

d) You acknowledge that Foundation Laboratory website is hosted in the US and its services are intended for customers located within the US. If you are located in New York state where you also submit a saliva sample, then you acknowledge that disease testing will be done within New York state.

e) You warrant that you are not an employee of an insurance company, or an employer at any company, attempting to obtain information about an insured person or an employee.

f) You acknowledge that some of the information you receive may provoke strong emotion.

g) You take responsibility for all possible consequences resulting from your sharing with others access to your Information.

h) You acknowledge that all your Personal Information will be stored in Foundation Laboratory databases and will be processed in accordance with the Foundation Laboratory Privacy Statement.

i) Waiver of Property Rights: You acknowledge that by providing any sample, having your sample processed, , you acquire no rights in any research or commercial products that may be developed by Foundation Laboratory or its collaborating partners. You specifically acknowledge that you will not receive compensation for any research or commercial products that include Information.

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 one of these representations, Foundation Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof, and you will defend and indemnify Foundation Laboratory and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

10. User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Although you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services, by submitting, posting, or displaying User Content, you grant to Foundation Laboratory, its affiliated companies, sub-licensees (including but not limited to sub-licensees who avail themselves of the Limited License granted in sub-section below) and successors and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, publicly perform, translate, edit, reformat and distribute your user content in any existing or future media on or through the Services. You also grant to Foundation Laboratory the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Foundation Laboratory or a third party.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Foundation Laboratory reserves the right to edit or remove any material submitted to this website, or stored on Foundation Laboratory’s servers, or hosted or published on this website.

Notwithstanding Foundation Laboratory’s rights under these terms and conditions in relation to user content, Foundation Laboratory does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Foundation Laboratory does not claim ownership of the User Content you provide to Foundation Laboratory (including feedback and suggestions) or post, upload, input, or submit to the Service.

You acknowledge and agree that this license includes a right for Foundation Laboratory to make such User Content available to other companies, organizations, or individuals with whom Foundation Laboratory has relationships, and to use such User Content in connection with the provision of those services.

You understand that Foundation Laboratory, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Foundation Laboratory to take these actions. You represent and warrant to Foundation Laboratory that you have all the rights, power, and authority necessary to grant the above license.

Acknowledging General Practices for Use and Storage. You acknowledge that Foundation Laboratory may establish general practices and limits concerning use of the Services, including, but not limited to, the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Foundation Laboratory’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Foundation Laboratory 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 sample due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Foundation Laboratory reserves the right to change these general practices and limits in its sole discretion.

Waiver of Property Rights. As stated above, you understand that by providing any sample, having your, you acquire no rights in any research or commercial products that may be developed by Foundation Laboratory or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Information.

Limited License: You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Foundation Laboratory, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original Foundation Laboratory Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Foundation Laboratory and/or the sponsors who provide that content to Foundation Laboratory (or by other persons or companies on their behalf). Foundation Laboratory grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from any physician opinion found on the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Foundation Laboratory website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: All rights reserved; distributed pursuant to a Limited License from Foundation Laboratory ; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content, either in whole or in part, unless you have been specifically told that you may do so by Foundation Laboratory or by the owners of that content, in a separate agreement.

11. Unlawful and Prohibited Use

As a condition of your use of the Services, you warrant to Foundation Laboratory that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Foundation Laboratory. Furthermore, you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Foundation Laboratory , or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users, such as users of the Service that are related to you based on your DNA analysis, offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Foundation Laboratory or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Foundation Laboratory ; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Foundation Laboratory’s website; (15) attempt to or actually override any security component of Foundation Laboratory web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these TERMS OF USE, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Foundation Laboratory ; (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; or (19) Other than pursuant to the terms of the Limited License in Section 10 of this TERMS OF USE or unless otherwise agreed in a separate agreement between you and Foundation Laboratory, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

You acknowledge and agree that you are solely responsible for (and that Foundation Laboratory has no responsibility to you or to any third party for) any breach of your obligations under the TERMS OF USE and for the consequences (including any loss or damage which Foundation Laboratory may suffer) of any such breach. In case of breach of any one of these agreements Foundation Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Foundation Laboratory and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or Foundation Laboratory has a reasonable ground to suspect that you have violated the terms of this Section, Foundation Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

12. No warranties

This website is provided “as is” without any representations or warranties, express or implied. Foundation Laboratory makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Foundation Laboratory does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

13. Limitations of liability

Foundation Laboratory will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Foundation Laboratory has been expressly advised of the potential loss.

14. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Foundation Laboratory’s liability in respect of any:

• death or personal injury caused by Foundation Laboratory’s negligence;
• fraud or fraudulent misrepresentation on the part of Foundation Laboratory; or
• a matter which it would be illegal or unlawful for Foundation Laboratory to exclude or limit, or to attempt or purport to exclude or limit, its liability.

15. Indemnity

You hereby indemnify Foundation Laboratory and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, and undertake to keep Foundation Laboratory and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Foundation Laboratory to a third party in settlement of a claim or dispute on the advice of Foundation Laboratory’s legal advisers) incurred or suffered by Foundation Laboratory arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; Any breach by you of any provision of these terms and conditions (or arising out of any claim that you have breached any provision of these terms and conditions); or your violation of any rights of another.

If you have submitted a sample , you will defend and hold harmless Foundation Laboratory, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your sample, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Foundation Laboratory, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or Information.

16. Other parties

You accept that, as a limited liability entity, Foundation Laboratory has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Foundation Laboratory’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Foundation Laboratory’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Foundation Laboratory.

17. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

18. Breaches of these terms and conditions

Without prejudice to Foundation Laboratory’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Foundation Laboratory may take such action as Foundation Laboratory deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

19. Variations to Service

Foundation Laboratory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Foundation Laboratory features or Services, and (ii) Foundation Laboratory shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software that you use may from time to time automatically download and install updates from Foundation Laboratory. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Foundation Laboratory to deliver these to you) as part of your use of the Services.

You acknowledge that Foundation Laboratory may offer different or additional technologies or features to collect and/or interpret Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Information without fee, and that you will have to pay additional fees in order to have your Information collected, processed, and/or interpreted using any future or additional technologies or features.

20. Assignment

Foundation Laboratory may freely assign, delegate, transfer, sub-contract or otherwise deal with Foundation Laboratory’s rights and/or obligations under these terms and conditions, fully or partially, without notifying you or obtaining your consent. We may also substitute, by way of unilateral novation, effective upon notice to you, Foundation Laboratory for any third party that assumes our rights and obligations under this Agreement.

You may not assign, delegate, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective.

21. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Termination

The TERMS OF USE will continue to apply until terminated by either you or Foundation Laboratory as set out in this Section..

If you want to terminate your legal agreement with Foundation Laboratory, you may do so by notifying Foundation Laboratory at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Foundation Laboratory’s address, which is set out at the beginning of the TERMS OF USE, or online via Customer Care. If you provide notice online, Foundation Laboratory will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

Foundation Laboratory may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TERMS OF USE (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TERMS OF USE); (2) Foundation Laboratory is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Foundation Laboratory offered the Services to you has terminated its relationship with Foundation Laboratory or ceased to offer the Services to you; (4) Foundation Laboratory is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Foundation Laboratory is, in Foundation Laboratory’s opinion, no longer commercially viable.

If you violate the terms of these TERMS OF USE and/or Foundation Laboratory has a reasonable ground to suspect that you have violated the terms of these TERMS OF USE (such as suspected fraudulent, abusive or illegal activity), Foundation Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Such violations may be referred to appropriate law enforcement authorities. You acknowledge and agree that Foundation Laboratory shall not be liable to you or any third party for any termination of your access to the Services.

23. Survival of Terms

These terms and conditions constitute the entire agreement between you and Foundation Laboratory in relation to your use of this website and supersede all previous agreements in respect of your use of this website. When the TERMS OF USE come to an end, all of the legal rights, obligations, and liabilities that you and Foundation Laboratory have benefited from, been subject to (or which have accrued over time while the TERMS OF USE have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1 through 38, inclusive, shall continue to apply to such rights, obligations, and liabilities indefinitely.

24. Changes to the Terms of use

Foundation Laboratory may make changes to the TERMS OF USE from time to time. When these changes are made, Foundation Laboratory will make a new copy of the TERMS OF USE available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the TERMS OF USE have changed, Foundation Laboratory will treat your use as acceptance of the updated TERMS OF USE.

25. Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Foundation Laboratory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

26. Hyperlinks and the Foundation Laboratory Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Foundation Laboratory has no control over such sites and resources, you acknowledge and agree that Foundation Laboratory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Foundation Laboratory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

27. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with California Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside; and 2) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Foundation Laboratory’s Services online.

28. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOUNDATION LABORATORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) FOUNDATION LABORATORY MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOUNDATION LABORATORY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. FOUNDATION LABORATORY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, FOUNDATION LABORATORY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

29. Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FOUNDATION LABORATORY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDATION LABORATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

30. Headings

The headings set forth in this Agreement are strictly for the convenience of the parties and shall have no effect on the interpretation of any provision of this Agreement.

31. Notice

Notices to you may be made via either email or regular mail. Foundation Laboratory may also provide notices of changes to the TERMS OF USE or other matters by displaying notices or links to notices to you generally on or through the Services.

Official notices related to this TERMS OF USE must be sent to us at:
Foundation Laboratory
ATTN: Chief Marketing and Business Relations Officer
1716 W. Holt Ave.
Pomona, CA 91768

Additionally, Foundation Laboratory accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

31. Final and Binding Arbitration

Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Foundation Laboratory arising out of or relating to the Agreement (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Foundation Laboratory, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs of both parties to be borne by the party that ultimately loses. Neither party shall be awarded attorney’s fees, regardless of the whether or not there is a prevailing party. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

a) Waiver. The failure of Foundation Laboratory to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force and effect. b) Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred. c) Severability Clause. If any portion of these TERMS OF USE is found to be unenforceable, the remaining portion will remain in full force and effect. 32. Definitions

a) “Foundation Laboratory” means Foundation Laboratory, whose principal place of business is at 1716 West Holt Avenue Pomona, CA 91768.

b) “Service(s)” means Foundation Laboratory’s products, software, services, and website (including but not limited to text, graphics, images, and other material) as accessed from time to time by the user, regardless of the use is in connection with an account or not.

d) “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Foundation Laboratory collects and stores the following types of Personal Information:

“Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).

“Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Foundation Laboratory account. Information is included in Foundation Laboratory Research only if it has been indicated for Foundation Laboratory Research use on the website and if you have given consent according to the applicable Consent Document.

“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Information-generated by users of Foundation Laboratory Services and transmitted, whether publicly or privately, to or through Foundation Laboratory.

“Web Behavior Information” is information on how you use the Foundation Laboratory website (e.g. browser type, domains, and page views) collected through log files, cookies, and web beacon technology.