Terms of Use

Effective Date: January 13th, 2019

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE (https://www.tracegenomics.com/) (the “WEBSITE”) AND ANY SERVICES PROVIDED BY TRACE GENOMICS, DIRECTLY OR THROUGH THE WEBSITE. BY USING THIS WEBSITE OR BY CLICKING TO “ACCEPT” OR “AGREE” TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE AND OUR PRIVACY POLICY POSTED AT https://www.tracegenomics.com/ (“PRIVACY POLICY”) WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. YOU ALSO AGREE THAT YOU ARE THE REPRESENTATIVE OF ANY CORPORATION OR ENTITY FOR WHICH YOU ARE USING THE WEBSITE AND/OR SERVICE AND AUTHORIZED BY SUCH ENTITY TO ENTER INTO A LEGAL AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE OR ARE NOT OTHERWISE AUTHORIZED, YOU ARE NOT PERMITTED TO USE THE WEBSITE EXCEPT TO USE OUR WEBSITE ONLY FOR INFORMATIONAL PURPOSES!.

A. WHO ARE WE?

Trace Genomics, Inc. (“Trace Genomics,” “we,” or “us“) analyzes soil DNA to provide you with actionable insights, help increase yield and see potential threat before they are visible in your field.

B. CONTENT AND INTELLECTUAL PROPERTY RIGHTS.

1.The Website and its entire Contents are owned by Trace Genomics or one or more third party licensors. “Content” means all features and functionality of the Website, the design, selection and arrangement of the Website, know-how, text, data, software, images, scoring, video and audio available through use of the Website, the Report, alterations, modifications and derivatives thereof and all moral, proprietary and intellectual property rights therein. All Content is protected by U.S. and international copyright laws. “Services” means testing and analyzing soil Samples you submit to Trace Genomics and, as described in Section 1.2, reporting the results (“Test Results”) to you by making Reports available to you through use of Trace Genomics’ dashboard (“Dashboard”) accessed through your account. You may use Content and the Website only as expressly permitted by these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to Trace Genomics. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use. Unauthorized or unapproved use of any Content constitutes copyright infringement which subjects you to civil and criminal penalties under United States and international laws and treaties.

C. USING THE WEBSITE.

1. You are invited to read the Content on the Website for free, for your non-commercial, personal information and educational purposes, to learn about our Services and soil health. You may also purchase Services from us which are accessed through the Website and permit you to use Content.

2. You may create a bookmark in your browser to the home page of the Website. We encourage you to invite and point others to the Website. You may also link to the Website in a way that is fair and legal, is not damaging to our reputation and does not suggest any form of association, approval or endorsement on our part. You may create an account to access and use Services as described in Section I.

3. By posting, submitting, publishing, displaying, transmitting or uploading any data, text, photos, videos, audios, or other material or information to us through the Website (“Your Material”), (a) you grant to Trace Genomics, its affiliates and service providers, and each of their respective licensees, successors and assigns, a perpetual, irrevocable, nonexclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, perform, post, delete, transmit and distribute Your Material to perform the Services for you and for our internal business purposes subject to our confidentiality obligations stated in Section I.5 and in a manner consistent with our Privacy Policy; and, (b) you represent and warrant that you have all rights, title and interest to grant Trace Genomics the right of use of Your Material as described above.

4. When you access our websites, we automatically collect your computer’s internet protocol (IP) address and other technical information about your computer and website usage, namely, your browser type and version, internet service provider, time zone setting, referring/exit pages, operating system, date/time stamps and/or clickstream data. We also use cookies and similar tracking technologies on our websites; for more information, please see Section 13, Cookies & Analytics/Log Files, of our Privacy Policy.

5. Mobile Information: When you use our mobile applications, we collect your device’s unique identifier and other technical information about your device and mobile application usage, namely, your device type, browser type, and your interactions on our mobile application.

6. You agree not to interrupt, or attempt to interrupt, or disable the operation of the Website or in any way violate, breach or compromise the security of the Website, networks or systems, circumvent any technical restrictions of the Website or Services, upload or otherwise transmit any material containing malware, viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or Services or otherwise use the Website, Content or Services other than as expressly permitted by these Terms of Use (and any other applicable licensing terms) and in accordance with and subject to all applicable laws and regulations.

7. You promise to comply with all applicable laws, regulations and directives, including but not limited to those governing privacy and US and foreign export and import. You acknowledge that the Content is of United States origin, is provided subject to the U.S. Export Administration Regulations, may be subject to the export control laws of the applicable territory, and that diversion contrary to applicable export control laws is prohibited. You represent, warrant and covenant that (a) you are not, and are not acting on behalf of, (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (b) you will not permit the Content to be used for any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.

8. We may suspend, terminate, restrict or otherwise limit your use of the Website, Content or any Service, at any time, without notice or demand and without liability, if we have reason to believe you are violating these Terms or Use, including by violating the Privacy Policy. Any such violation may result in criminal and civil liability.

D. ADVERTISEMENTS AND LINKS TO OTHER WEBSITES

The Website may contain links to other websites which connect you with other websites which are operated by parties over whom Trace Genomics has no control. These links are provided only as a convenience to you, and Trace Genomics does not assume any responsibility nor endorse such other websites. Please refer to Section 10 of the Privacy Policy for more details. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

E. DIGITAL MILLENNIUM COPYRIGHT ACT

1. If you are a copyright owner or an agent of a copyright owner, and you believe that any Content on the Website infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA“) by providing our Designated Copyright Agent with the following information in writing (“Notice“):

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complainant”);
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trace Genomics to locate the material;
• information reasonably sufficient to permit Trace Genomics to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
• a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

“Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights.

2. The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and email to the following addresses:

Trace Genomics, Inc.
Attention: DMCA agent
303 Twin Dolphin Dr. FL6 #35
Redwood City, CA 94065

Telephone: +1 844-672-5749
Email: privacy@tracegenomics.com

3. If Your Material has been removed for alleged infringement and you believe it should not have been, you may send us a written counter-notice (“Counter-Notice“), which must include:

• A physical or electronic signature of the alleged infringer;
• Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
• The alleged infringer’s name, address, and telephone number; and,
• A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

4. We will respond to all such notices in compliance with applicable law. We have the right to remove content alleged to be infringing, at our sole discretion, without prior notice.

5. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

F. WARRANTY DISCLAIMERS. RISK FACTORS.

YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED, THE WEBSITE, CONTENT, SERVICES AND REPORTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT, STATUTORY, BY OPERATION OF LAW OR OTHERWISE, EXPRESSLY DISCLAIMING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AND ALL IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ADDITIONALLY, THERE ARE NO WARRANTIES THAT THE WEBSITE, CONTENT, SERVICES OR REPORT WILL MEET YOUR REQUIREMENTS. TRACE GENOMICS, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (“PERSONNEL”) DO NOT WARRANT THAT THE WEBSITE, CONTENT, SERVICES OR REPORTS ARE ACCURATE, COMPLETE, USEFUL, RELIABLE, CURRENT OR ERROR FREE, THAT ERRORS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE REPORT INCLUDES OPINIONS, PROVIDED FOR INFORMATIONAL PURPOSES, BASED ON THE SAMPLES, AND IS DEPENDENT UPON THE QUALITY AND STATE OF SAMPLES ACTUALLY RECEIVED AND DATA AND OTHER INFORMATION YOU PROVIDE TO TRACE GENOMICS.

How you collect, label, package and send the Samples and the condition and quality of the Samples when received have a significant impact on the accuracy of the test results. You are responsible for following Trace Genomics’ Sample submission instructions, all applicable laws and regulations in the collection and submission of the Samples and for the integrity, accuracy and reliability of the information and metadata you provide along with the Sample or online. The method of Sample collection and accurate recording of metadata is essential to the results received from Testing and analysis. Failure to comply with the instructions, improper Sample collection or incomplete or defective recording of metadata may result in Sample contamination, Sample rejection, require Sample replacement, testing delays, inaccurate or incomplete testing and additional cost and expense to you. Trace Genomics is not responsible for Samples or lost or damaged Samples resulting from inappropriate or improper packaging, labelling/data input, transmission of the Sample or other factors outside of its control and reserves the right to reject any sample and/or to suspend any Services without notice or liability.

Failure to protect your passwords may result in the unauthorized access or use of the Website, Content or Services or unauthorized access, use or disclosure of Confidential Information; for all of which, you are responsible and liable solely.

G. LIMITATION OF LIABILITY.

USE OF THE WEBSITE, CONTENT AND SERVICES ARE AT YOUR OWN RISK. TRACE GENOMICS, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE PERSONNEL ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES WITH RESPECT TO THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, SERVICES OR THE REPORT FOR ANY CAUSE WHATSOEVER REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (1) MATTER BEYOND ITS REASONABLE CONTROL, (2) LOSS OR INACCURACY OF DATA, CONTENT, TESTING RESULTS OR THE REPORT, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY OR SERVICES, (3) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (4) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID OR PAYABLE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE FOR THE SERVICE OR REPORT AT ISSUE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR $1,000.00, WHICHEVER IS GREATER. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

H. INDEMNIFICATION.

You agree to defend, indemnify and hold Trace Genomics, its affiliates, licensors and service providers, and their respective officers, directors, employees, agents and contractors (collective, “Personnel”) harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your use of the Website, the Content or Services other than as expressly authorized, or your negligence, breach of these Terms of Use or violation of any applicable law.

I. SERVICES.

We perform Services for you and make Test Results (as defined in Section I.2) in a Report available to you by accessing the Dashboard through your account as follows:

1. Creating an account. At the time of requesting we perform Services for you, you will create an account using the Website. To create the account, you will provide your first name, last name, email address and phone number. You will select a password unique to you for your access and use of Dashboard including inputting your data and downloading and printing Reports. All the information you provide to create your account and to use the Services will be correct, current and complete. You are solely responsible and liable for maintaining the confidentiality of your user name and Trace Genomics has no liability with regard to the unauthorized use of such passwords. You agree to notify Trace Genomics immediately if you have any reason to believe that the security of your account has been compromised. You are solely responsible and liable for all damages resulting from unauthorized use of your account and will assist, at your sole cost and expense, in the investigation and remediation and required notice or reporting of all such incidents.

2. Testing, Analysis and Report.

(a) After your account is created, you may submit Samples to Trace Genomics; which, once accepted by Trace Genomics, will be used to perform the Services. “Samples” refer to the soil received by Trace Genomics, and other data and information submitted with them or online including providing the following required Sample Data Submission Fields:

• Tube ID
• Sample name
• Farm
• Field
• Latitude
• Longitude
• Sampling date
• Depth
• Treatments
• Planting phase
• Previous crop
• Current crop
• Next crop

(b) A Sample is “received” by Trace Genomics on the date Trace Genomics confirms receipt of the Sample submitted in accordance with Trace Genomics’ instructions, current policies and procedures. Acceptance means, by way of example and not exclusion, the Samples have been submitted properly, you have made the appropriate arrangements for payment and you are otherwise not in breach of any of your obligations to Trace Genomics.

(c) The Sample will be tested based on the Services you elect. “Test Results” refer to the analysis of the Samples and related outcome which are included in one or more Report(s). The Report is available through the Dashboard accessed through your account and may be downloaded and printed. The Report is provided by Trace Genomics for your exclusive internal business purposes and use only and may not be made available by you to third parties for any purposes (other than to agronomists or consultants providing you services based on the Test Results) without Trace Genomics’ prior written consent.

3. Fees and Payment.

3.1 As applicable, you agree to pay Trace Genomics a fee for the Services (“Subscription Fee”) and fees for testing and analyzing the Samples as posted on the Website or as described in a Trace Genomics pricing plan issued to you (“Testing Fees;” collectively, with Subscription Fee, “Fees”). Fees are due and payable within 10 business days of Trace Genomics’ invoice without set-off or deduction and, once paid, are nonrefundable. Fees may be paid by check, wire transfer or, as available, credit card. Trace Genomics may adjust payment terms following written notice.

3.2 Trial or Evaluation. Services and Reports provided to you for free or on a trial or evaluation basis are provided on an as-is basis without any express or implied warranties, indemnities or liabilities for any damages of any kind for any claim or cause of action, and otherwise consistent with the disclaimers stated in Section F, Warranty and Disclaimer, notwithstanding any provision to the contrary in these Terms of Use.

4. Ownership and Licenses.

4.1 By Trace Genomics. In addition to the Content, Trace Genomics retains all right, title and interest in the Samples Services all data used to produce the Test Results (including but not limited to the genomic data) (collectively, “Data”), and feedback, all alterations, modifications and derivatives thereof and all moral, proprietary and intellectual property rights, know-how, processes and procedures in and related thereto. All rights not expressly granted are reserved to Trace Genomics. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

4.2 By Customer. You retain all right, title and interest (including all intellectual property rights) in and to the metadata (e.g., tube ID, sample name, sampling date, farm name, field name, depth, plating stage, previous crop, next crop, treatments, and geographic location) that you provide to us and the Test Results (excluding the Data), and you hereby: (a) represent and warrant you own all right, title and interest including all moral, proprietary and intellectual property rights in and to the Samples or otherwise have all rights to irrevocably assign to Trace Genomics ownership of the Samples; (b) irrevocably and in perpetuity assign to Trace Genomics all rights, title and interests in and to the Samples free and clear of any claims or encumbrances and designate and permit Trace Genomics (its agents or attorneys’ in fact) to act for, on behalf of and instead of us to execute and file documents and do all other lawfully permitted acts to perfect and protect Trace Genomics’ ownership in the Samples as if executed by you; (c) grant to Trace Genomics the non-exclusive, fully paid up, perpetual, irrevocable and worldwide right to use the metadata and Test Results and all derivatives thereof to support, maintain and improve the Service, for marketing or distribution to third parties and for other business purposes on a non-identifiable, anonymous, aggregated basis; and, (d) agree the Test Results are provided by Trace Genomics for your exclusive internal business purposes and use only and may not be made available by you to third parties for any purposes (other than to agronomists or consultants providing you services based on the Test Results) without Trace Genomics’ prior written consent.

5. Confidentiality.

5.1 General. “Confidential Information” means confidential or proprietary information disclosed to the recipient by the disclosing party, in tangible or intangible form, that is designated as confidential or proprietary or that reasonably should be understood to be confidential or proprietary given the nature of the information and the circumstances of disclosure. Confidential Information includes, for example and not exclusion, your Personal Information as defined in the Privacy Policy and Test Results (excluding non-identifiable, anonymous, aggregated data)

5.2 Exceptions. Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to disclosing party; (ii) was known to recipient prior to its disclosure by disclosing party without breach of any obligation owed to disclosing party; (iii) was independently developed by recipient without breach of any obligation owed to disclosing party; or (iv) is received from a third party without breach of any obligation owed to disclosing party. Recipient may use and disclose Confidential Information as needed to perform under, or otherwise in a manner that is consistent with, these Terms of Use, to enforce these Terms of Use, to defend itself from any claim or cause of action, or as required by law using commercially reasonable efforts to protect the confidentiality of the Confidential Information.

5.3 Disclosure. Except as expressly permitted by these Terms of Use, recipient will not disclose any Confidential Information of disclosing party for any purpose without disclosing party’s prior written consent and will use the Confidential Information of the disclosing party only as expressly stated herein. Recipient will protect the confidentiality of disclosing party’s Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). Personal Information will be collected, used, shared, stored and destroyed in accordance with the Privacy Policy and both parties agree to comply with all applicable privacy laws and regulations. Recipient will promptly notify disclosing party if it becomes aware of any actual or reasonably suspected breach of confidentiality of disclosing party’s Confidential Information. If recipient is compelled by law to disclose Confidential Information of disclosing party, it will provide disclosing party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at disclosing party’s cost, if disclosing party wishes to protect, quash or otherwise contest the disclosure.

5.4 Termination. Upon termination of these Terms of Use, recipient will continue to maintain the confidentiality of disclosing party’s Confidential Information and, upon request, return to disclosing party or destroy (at disclosing party’s election) disclosing party’s Confidential Information. Notwithstanding the foregoing, Trace Genomics may continue to use the Test Results in accordance with these Terms of Use and is not required to remove the Test Results from any of our libraries, databases, or other systems and Services.

6. Term and Termination. These Terms of Use are effective on the date you first use the Website for any purpose (“Effective Date”). Either party may terminate these Terms of Use on 30 days’ notice for its convenience; in which case: (i) all Fees are due and payable no later than the effective date of termination; and (ii) Trace Genomics may elect, in its discretion and judgment, whether to complete any outstanding testing or preparation of Test Results or Reports. Notwithstanding the foregoing, Trace Genomics may change or discontinue the Website, Content or Services without notice or liability. In addition, Trace Genomics may suspend performance of the Service or your use of the Website, the Content, your account or the Service without notice, demand or liability until you cure any material default. These Terms of Use, including the Privacy Policy survive regardless of non-use of the Website or if we stop performing Services for you for any reason or no reason at all.

J. ORDERS.

All orders for Services or Products (each, an “Order”) are subject to acceptance and approval by Trace Genomics and are not binding until and unless so approved and accepted. Written acknowledgement of an Order (including acknowledgments sent in electronic form) will constitute acceptance and will thereby be a binding contract which cannot be modified or canceled by you without Trace Genomics’ written consent. Each Order, the corresponding acknowledgement by Trace Genomics and these Terms of Use shall constitute a separate contract between you and Trace Genomics, and shall be separate from the contract created by any other Order.

K. PRICE; TERMS OF PAYMENT.

1. All prices on the Website are subject to change without notice, and the price for Services shall be that price in effect at the time of our acceptance of an Order.

2. When you submit an Order, you must supply certain information relevant to the Order, including if credit cards are accepted for payment, your credit card number, the expiration date of the credit card, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY ORDER. The Website utilizes framing techniques to serve content to Trace Genomics’ service providers while preserving the look and feel of the Website. Please be aware that you are providing the foregoing payment information to these third parties and not to Trace Genomics.

3. Unless otherwise agreed in writing, all invoices are due and payable as described in Section I.3.

L. GENERAL PROVISIONS.

1. Entire Agreement. These Terms of Use, including the Privacy Policy and other referenced terms and agreement, form the entire agreement between you and Trace Genomics, and supersede all prior negotiations, understandings or agreements (oral or written), between you and Trace Genomics about the subject matter of these Terms of Use and can be modified only in writing signed by both of you and Trace Genomics. You acknowledge and agree that the provisions, disclosures and disclaimers contained in these Terms of Use are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Trace Genomics contrary to those set forth above.

2. Waiver; Severance. The failure of a party to enforce its rights under these Terms of Use at any time for any period will not be construed as a waiver of such rights. If any provision of these Terms of Use, including the Privacy Policy is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use, including the Privacy Policy will otherwise remain in full force and effect and be enforceable.

3. Governing Law, Attorneys Fees and Compliance. These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The prevailing party in any action relating to these Terms of Use is entitled to recover its reasonable attorneys’ fees and costs.

4. Independent Contractors. The parties are independent contractors, joint venturers or partners of each other and not the employer, employee, agent or representative of the other party.

5. English Language. The English version of these Terms of Use governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

6. Changes to These Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. If we make a material change to these Terms of Use, we will post a notice of those changes on the Website and will use commercially reasonable efforts to notify you by email (sent to the email address specified in your account) prior to the change becoming effective. You are bound by changes to these Terms of Use when you use the Website after those changes have been posted on the Website or have been emailed to you as stated in this section. We encourage you to periodically review this page for the latest version of these Terms of Use.

7. Contact Us. If you have any questions about these Terms of Use, the practices of the Website, the Content or Services offered through the Website or your dealings with the Website, including any bugs or actual or potential threats to the security of the Website and protection of your Personal Information, please contact us at privacy@tracegenomics.com or 303 Twin Dolphin Dr. FL6 #35
Redwood City, CA 94065, Telephone number: +1 844-672-5749