Terms of Service for 23andMe for Researchers
Thank you for visiting the 23andMe for Researchers Website, a website located at https://www.23andme.com/researchers (the "Researchers Site"). The Researchers Site is operated by 23andMe, Inc. ("23andMe" or "We" or "Us"), located at 899 West Evelyn Avenue, Mountain View, CA 94041.
The information provided on this website is for general informational purposes only. Your use of the Researchers Site (excluding any other services provided by 23andMe, which are subject to 23andMe Terms of Service or other separate agreements) is subject to the following Terms of Service ("TOS"), a legal agreement between you ("you") and 23andMe regarding your use of the Researchers Site.
PLEASE READ AND REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. By accessing or using the Researchers Site, you acknowledge that you have read, understood and agreed to the Terms of Service Agreement ("TOS"). If you do not agree to the TOS, you may not access or use the Researchers Site.
1. Acceptance of Terms
By clicking the "I Agree" button (where this option is made available to you by 23andMe) or by accessing, visiting, browsing, using, or attempting to interact with any part of the Researchers Site, you agree to be bound by this TOS. If you do not agree to the TOS, you may not access or use this website.
The 23andMe public website and 23andMe genotyping services are governed by a separate terms of service agreement with additional terms. 23andMe also may offer other services from time to time that are governed by different terms of service.
23andMe will use reasonable efforts to include accurate and up-to-date information on the Researchers Site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this website and the content thereof is at your own risk. 23andMe disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither 23andMe nor any party involved in creating, producing or delivering this website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.
3. Third Party Websites and Hyperlinks
The Researchers Site may contain links or references to other sites and resources on the Internet. Because 23andMe has no control over such sites and resources, you acknowledge and agree that 23andMe 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 23andMe 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 use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource. Access and use of resources or content in any third party sites is at your own risk.
In the course of your use of the Researchers Site, you may be asked to provide certain personalized information to us. For example, if you register with the Researchers Site or click "contact us," you will be asked for your name, institution, and email address ("Contact Information"). This information is used to contact you about the products and/or services on the Researchers Site in which you have expressed interest. Our information collection and use policies with respect to the privacy of such Contact Information are set forth in the 23andMe's Privacy Statement which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you provide. Please refer to 23andMe's Privacy Statement that sets forth the only expectations of privacy any individual should have in terms of usage of the Researchers Site.
5. Copyrights and 23andMe's Proprietary Rights
The Researchers Site is owned and operated by 23andMe. The entire contents of the Researchers Site, including all visual interfaces, graphics, design, information, services, and content, are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. 23andMe, Inc., 23andMe, and other 23andMe logos and product and service names are trademarks of 23andMe and these marks together with any other 23andMe trade names, service marks, logos, domain names, and other distinctive brand features are the "23andMe Marks". Unless you have agreed otherwise in writing with 23andMe, nothing in the TOS gives you a right to use any 23andMe Marks and you agree not to display, or use in any manner, 23andMe Marks or any portion of the Researchers Site. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of 23andMe, or any third party.
Notices to you may be made via either email or regular mail. 23andMe may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
ATTN: Chief Legal and Regulatory Officer
899 West Evelyn Ave.
Mountain View, CA 94041
Additionally, 23andMe accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
7. Modification of the Terms of Service
We reserve the right to change or modify the TOS at our sole discretion at any time. Any change or modification to this TOS will be effectively immediately upon posting by 23andMe on the Researchers Site. We will take reasonable steps to notify you of any changes or modifications to this TOS, but you are responsible for periodically reviewing the most up to date version of the TOS. Your continued use of the Researchers Site constitutes acceptance of any changes or modification made by us to the TOS.
You agree to indemnify, defend, and hold 23andMe harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees), made by any third party due to any use or misuse of the Researchers Site by you or any violation of this TOS.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 23ANDME 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. 23ANDME MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THAT DEFECTS WILL BE CORRECTED, OR (d) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 23ANDME OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and 23andMe does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or no longer, accurate or complete.
10. Limitation of Liability
23ANDME 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 23ANDME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE TOS OR YOUR USE OF THE RESEARCHERS SITE, OR ANY OTHER INTERACTIONS WITH 23ANDME. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 23ANDME'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
a. Entire Agreement. The TOS constitute the entire agreement between you and 23andMe and govern your use of the Researchers Site, superseding any prior agreements between you and 23andMe on this subject. You also may be subject to additional terms and conditions that may apply when you use other 23andMe services, third-party content, or third-party software.
b. Applicable Law and Mandatory Arbitration. Any disputes with 23andMe arising out of or relating to the TOS or the Researchers Site ("Disputes") shall be governed by California law regardless of your country of origin or where you access the Researchers Site, and without reference to choice of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to the TOS or the Researchers Site will be filed only in the state or federal courts in and for Santa Clara County, California, and each of you and 23andMe hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, 23andMe shall still be allowed to apply for injunctive relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
c. Waiver. The failure of 23andMe to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
d. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
f. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
g. Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, 23andMe for any third party that assumes our rights and obligations under this Agreement.