Terms Of Service

AHS, INC.
TERMS OF USE

Last Updated: 11/16/2020

THIS TERMS OF USE AGREEMENT (“AGREEMENT”) IS A LEGAL, BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR”) AND AHS, INC. (“AHS”, “WE”, “US”, “OUR”).  REFERENCES TO “THIS AGREEMENT” MEAN THIS AGREEMENT PLUS ANY OTHER AGREEMENTS, POLICIES OR OTHER AHS TERMS INCORPORATED BY REFERENCE HEREIN INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY. This Agreement governs Your access and/or use of the AHS proprietary software and/or website and/or any software provided to You or to which You are provided access (collectively, “AHS Technology”) and/or any health coaching or genetic counseling services provided by AHS, its employees or agents (“Services”, and together with the AHS Technology, the “AHS Offerings”). YOU AGREE THAT BY ACCESSING AND/OR USING THE AHS OFFERINGS YOU REPRESENT THAT YOU ARE: (A) AT LEAST 18 YEARS OLD; (B) A RESIDENT OF THE UNITED STATES OF AMERICA; AND (C) LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

You accept this Agreement by clicking on “I AGREE” or by using any AHS Offerings, whichever occurs first.  We reserve the right to modify this Agreement at any time and will post such modified agreement on or in the AHS Technology.  We encourage You to review this Agreement periodically.  Your use of AHS Offerings after any such modification is deemed to be Your acceptance of such modification.

1.    WHO WE ARE AND WHAT WE DO
1.1.    Services.  Solely for educational and informational purposes, AHS offers consumers the following Services:  a genetic analysis report (the “Genetic Analysis”), genetic counseling services (“Genetic Counseling”) and health coaching and counseling services (“Health Coaching”), as may be requested by You, as further described in this Agreement and upon the terms provided herein. 
1.1.1.    Genetic Analysis. Using Genetic Data (defined below) provided by You, upon Your selection of and payment for this Service, AHS will grant You access to its proprietary software on a subscription basis, generate Your Genetic Analysis using the Genetic Data and Our proprietary algorithms, graphics and methodologies.  Since AHS is not a laboratory and does not provide any genetic testing, We do not and cannot determine Your genotype or any genetic data about You (“Genetic Data”).  Rather, You obtain Your Genetic Data from a third party provider of such service and then upload the Genetic Data to AHS so that We may generate Your Genetic Analysis.   AHS is not responsible or liable for the completeness, accuracy or validity of Your Genetic Data.  Once uploaded, Your Genetic Data is part of Your Information, as described below, and the Genetic Analysis is personal to You.  You understand that the Genetic Analysis does not independently predict, diagnose, prevent, or treat any condition or disease or ascertain the state of Your health in the absence of medical and clinical information and that AHS recommends that You consult with Your health care provider if You have any concerns.  You further understand that the Genetic Analysis may disclose or suggest information that is disturbing to You.
1.1.2.    Genetic Counseling.  Genetic Counseling Services are a one-on-one service provided by an independent licensed genetic counselor and may include a review of personal and family medical history, risk assessment, facilitation of decision-making regarding genetic testing, review of genetic test or analysis results.  If purchased, the Genetic Analysis may be utilized with Genetic Counseling.
1.1.3.    Health Coaching.  Health Coaching Services are a one-on-one service provided by an independent health coach and may include recommendations on nutrition or lifestyle, or lifestyle or nutrition planning information. In order to for Us to provide the Health Coaching Services, You must provide certain observable and/or measurable information about Yourself, such as information about traits, health, healthcare, fitness, reactions to medications, measurements from sensors in wearable electronic devices, information submitted to health coaching or counseling sessions, and any other information that You enter into surveys, forms, or features in Your AHS account or otherwise connected to Your AHS account (collectively, “Phenotypic Information”).  Your Phenotypic Information is Your Information, as described below.
1.1.4.    Your Consent.  If You request any Services, You hereby give consent to AHS, through its employees and agents, to provide such Services.  You acknowledge and understand some Services are provided by agents who are independent contractors retained by AHS for the purpose of providing those Services.  Therefore, You hereby grant AHS a license to share Your Information with its employees, agents and independent contractors for the purpose of providing the Services.   You are solely responsible for Your interactions with any genetic counselor or health coach.
1.1.5.    Third Party Service Providers.  You acknowledge that AHS uses third-party sites, service providers, or associates such as, for example, appointment scheduling and payment processing services, all in order to facilitate provision of the Services and/or to provide certain functionality to the AHS Offerings (collectively, “Third Party Providers”). Third Party Providers are used at the absolute discretion of AHS; AHS may at any time suspend use of any or all of these Third Party Providers and/or their associated services without prior warning to You.  Certain of these Third Party Providers may require or permit You to provide them with certain information or data (“Additional Information”) beyond Your Information, as provided to AHS and described below.  Because Additional Information is not provided to AHS, it is not Your Information for the purposes of this Agreement and the Privacy Policy; You (and not AHS) are responsible for any Additional Information transferred by You through or to any Third Party Providers, and You agree to release AHS from all liability regarding any Additional Information.  We encourage You to review the terms of use and privacy policies of all such Third Party Providers, but You acknowledge that AHS is not responsible for the privacy or security policies or practices of any third party, including any Third Party Provider.
1.2.    License.  Subject to the terms and conditions of this Agreement, AHS hereby grants You a non-exclusive, non-transferable, limited right to use and access the AHS Technology and other AHS Offerings, as such use is described herein.  You may use AHS Technology and other AHS Offerings only as described herein, and only for Your personal use, such as sharing with Your healthcare provider; You understand that You may not make any commercial use of any AHS Technology or other AHS Offerings. 
1.3.    AHS Content.  AHS Offerings may contain information, articles, communications, photos, text, video, graphics, music, sounds, images and other content and materials available to You and/or available on or in AHS Offerings (all of the foregoing, “Content”), which is generally provided by AHS or other third parties, or by licensors of any of the foregoing.  Content is part of the AHS Offerings and is not part of Your Information, as defined below.
1.4.    Enhancements.  AHS reserves the right to implement change or modify the Services and/or AHS Technology, or to implement or change new versions, releases, enhancements, modifications, updates, upgrades, corrections and bug-fixes to the design, operation, method, technical specifications, systems, servers and other functions and features (together, “Enhancements”) of any of the AHS Offerings.  If and when implemented, Enhancements become part of AHS Offerings hereunder.  AHS is not obligated to make Enhancements with any particular frequency, or to make them at all.  Notwithstanding anything herein to the contrary, You understand and agree that AHS reserves the right to modify or change AHS Offerings including, without limitation, adding, changing, removing, or otherwise modifying Services, Content and/or Enhancements, at any time with or without notice.  We do not guarantee that any and all Services, Content, or other features or functionality of AHS Offerings will always be available, or that any of the foregoing will be available at all times.  We reserve the right to charge for new or additional features or functionality.
1.5.    Suspension.  Notwithstanding anything in this Agreement to the contrary, You understand that We may immediately terminate or suspend Your access or use of AHS Offerings, without notice, if: (a) You fail to pay any amounts when due; (b) You fail to comply with the provisions of this Agreement; and/or (c) We reasonably determine that the security or integrity of any portion of the AHS Offerings is at risk.  AHS shall have no liability whatsoever for any claim or damage arising directly or indirectly from the termination or suspension provided in this Section.  AHS’s right to terminate or suspend is in addition to any other rights or remedies We may have hereunder, or otherwise in law or equity.  However, We will use reasonable efforts to notify You of such termination or suspension, and provide You with an opportunity to cure the violation or other circumstances that led to the termination or suspension. 
1.6.    U.S. Use Only.  AHS Offerings are intended for use solely by and on behalf of individuals located in the United States.  If You are located in the European Union or any other country outside the United States, click here.

2.    WHAT YOU NEED TO DO TO GET THE MOST OUT OF AHS OFFERINGS
2.1.    Registered User.  In order to purchase and use AHS Offerings, AHS must receive, at a minimum, Your name, address, email address, phone number and credit card number (“Registration Information”).  Your email address is Your user name; upon providing Your Registration Information, You will be prompted to select a password in order to use and access Your AHS account. (“Your Account”). In order to meet legal and regulatory compliance issues, You must provide Us with accurate Registration Information, and Appointment Scheduling Information including, without limitation, Your accurate physical location for Genetic Counseling appointment at the time of the appointment, and Your state of residence (“Appointment Scheduling Information”), and You agree to do so. You are responsible for maintaining the confidentiality of the password and of Your Account and are fully responsible for all activities that occur using Your password or in Your Account. If You knowingly or unknowingly permit third parties to use and/or access AHS Technology through Your Account, You agree to defend and indemnify AHS 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 immediately notify AHS of any unauthorized use of Your password or Your Account or any other breach of security, and to ensure that You sign out of Your Account whenever You leave the AHS Technology or a Session, as defined below. You understand and agree that AHS is not liable for any loss or damage arising from Your failure to comply with this Section.
2.2.    Your Information.   Your Registration Information, Genetic Data, Phenotypic Information, and/or any documents, information or other materials You upload or otherwise provide to Us are referred to collectively in this Agreement as “Your Information”.  We will handle Your Information as described in the Privacy Policy.  You agree not to provide Us with any information, documents, or other materials, including any portion of Your Information, that You do not have sufficient rights in to so use and provide to Us.  We are not liable or responsible for the accuracy or completeness of any of Your Information including, without limitation, any Genetic Data or Phenotypic Information.  Bank/credit card information is collected solely to permit the applicable Third Party Provider to process payments; bank/credit card information is not stored by AHS and AHS does not have access to the bank or credit card information of any person.   Upon the expiration or termination of this Agreement, or if You have not used or access the AHS Offerings in the prior twelve (12) months, Your Account, including Your Information and any other information You have uploaded to AHS, may be deleted by AHS. In addition, You may delete Your Information through Your Account; for more information on deleting Your Information, please refer to the Frequently Asked Questions (FAQ).  We do not have any liability to any party for deleting Your Account, Your Information or any other information You have uploaded.  
2.3.    Messsaging.   The AHS Technology includes messaging functionality between You and Your genetic counselor or health coach.  All communications between You and Us, or between You and Your genetic counselor or health coach must take place in and through the AHS Technology.  Please do not attempt to reach Us, or Your genetic counselor or health coach, through personal email or texting.  We are not responsible for any communications outside of the AHS Technology, or for the acts or omissions of any party with respect to those outside communications.
2.4.    Acceptable Use.  You agree to use AHS Offerings only for lawful purposes.  You are expressly prohibited from transmitting through AHS Offerings any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law, including without limitation, any material You do not have the right to use (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes: (a) the violation of any portion of Section 7.2, and (b) using a false current location or state of residence, e-mail address or other identifying information; and/or (c) using AHS Offerings in any way to send unsolicited emails or other messages to people or other entities. You agree and acknowledge that AHS is not responsible or liable to You or any other party for any Prohibited Conduct by any user of AHS Offerings at any time. Notwithstanding anything in this Agreement to the contrary, We are not in any way obligated to monitor any user’s use of AHS Offerings, or to monitor, retain, review and/or edit any information provided by any user.  However, AHS does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including Your Information) as We determine necessary, in Our sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend AHS’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of AHS Offerings; and (v) protect the interests of AHS Offerings’ users or the public.
2.5.    Keep Your Account Safe.  You agree that You will not: (a) permit any third party to access AHS Offerings using Your login credentials or to otherwise use Your account; (b) create derivate works based on AHS Offerings or any Content; (c) copy, frame or mirror any part or Content of AHS Offerings; (d) reverse engineer AHS Offerings; or (e) access AHS Offerings in order to build a competitive product or service, or to copy any features, functions or graphics of AHS Offerings.
2.6.    No Competitive Use.  You may not accept this Agreement or access AHS Offerings: (a) if You are Our direct competitor; or (b) in order to monitor AHS Offerings for availability, functionality, features, performance or operation, or for any other competitive purpose including, without limitation, benchmarking; or (c) for any commercial exploitation whatsoever.
2.7.    Storage.  AHS will store the Genetic Data and any other information You upload to Your Account for the purpose of using and/or accessing the Services.  You agree that AHS has the right, but not the obligation, to monitor file uploads to Your Account, and You agree that AHS has the right, at any time, to impose may limits regarding the size of such storage accounts. You agree to only upload files to AHS that consist of files containing Genetic Data or for use in the processing of Genetic Data. AHS is not a data storage company.  Do not store Your only copy of any Genetic Data or other information in Your Account.  AHS reserves the right to purge any data from the AHS Offerings.  AHS recommends that You maintain back-ups of Your Genetic Data and any other information You upload to Your Account. Please note, even when deleted, We may retain a copy of Your Information for backup, archival or legal purposes. 

3.    FEES AND PAYMENT
3.1.    Fees.  You agree to pay AHS the fees described below for the Services selected by You:
3.1.1.    Genetic Analysis.  You may purchase Your Genetic Analysis on a standalone basis; it includes Your subscription to the AHS Technology in order to upload Your Genetic Data and to view the Genetic Analysis.  Fees related to the Genetic Analysis (“Genetic Analysis Fees”) are described in the AHS Technology.
3.1.2.    Genetic Counseling.  Genetic Counseling Services are provided by a board-licensed genetic counselor on a per-session basis (“Genetic Counseling Session”), either 25 minutes or 50 minutes, as selected by You.  Fees related to Genetic Counseling Services (“Genetic Counseling Fees”) are described in the AHS Technology.   
3.1.3.    Health Coaching.  Health Coaching Services are provided by a health coach on a per-session basis (“Health Coaching Session” and, together with the Genetic Counseling Session, the “Sessions”).  We offer an introductory session and packages of a number of sessions.  Fees related to the Health Coaching Services (“Health Coaching Fees” and, together with the Genetic Analysis Fees and the Genetic Counseling Fees, the “Fees”) are described in the AHS Technology.
3.2.    Payment.  All Fees are due and payable in advance and are non-cancellable and non-refundable, except as otherwise provided herein.  AHS reserves the right to change the Fees at any time without any notice to You; however, any such change shall not affect any Services already purchased by You, even if a purchased Session has not yet occurred.  Fees must be paid via the AHS Technology using a valid credit card.  You understand and acknowledge that AHS does not bill or accept any insurance payments for the Services.
3.3.    Missed Sessions.  Sessions are one-on-one, by appointment only.  You may cancel or reschedule a Session up to twenty-four (24) hours prior to the scheduled time by accessing Your Account; for more information on how to cancel/reschedule a Session and any related restrictions, please refer to the FAQ.   You agree that if You miss a scheduled Session without rescheduling or cancelling at least twenty-four (24) hours prior, You will be charged for the missed Session; no refund or credit will be provided.  Please help Us serve You better by keeping Your scheduled Sessions.

4.    WHO OWNS WHAT
4.1.    Your Information.  As between AHS and You, You exclusively own all rights, title and interest in and to all of Your Information. We may use and share certain of Your Information with third parties for payment or other processing, in accordance with the provisions of this Agreement and the Privacy Policy.  Those portions of the Genetic Analysis that refer to You and Your Genetic Information are owned by You; those portions that are developed or created by AHS such as, by way of example and not limitation, the template form, graphics, algorithms and analysis (“AHS Portions”) are owned by AHS and You have no rights in or to such AHS Portions.  Credit card information is not stored by AHS and AHS does not have access to the bank or credit card information of any person.  This means that, for the purposes of AHS, the AHS Offerings and this Agreement (including the Privacy Policy), Your Information does not include any bank or credit card information; We encourage You to review the privacy policy of the Third Party Provider that processes payments to learn more about how it collects and secures bank and credit card information. 
4.2.    AHS Offerings.  You understand and agree that all right, title and interest in and to AHS Offerings including, by way of example and not limitation, all AHS Technology, software, algorithms, methodology and similar items, and all Enhancements, Content and AHS Portions, and all intellectual property (whether pre-existing or developed during the term of this Agreement) and any derivative works of any of the foregoing (all of the foregoing, “AHS Materials”), is owned exclusively by AHS, even if developed by or in conjunction with You or any third party.  Notwithstanding the fact that AHS permits access to the AHS Materials, You acknowledge and agree that the AHS Materials and/or the use of the AHS Materials is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, that these rights are valid and protected in all media now existing or later developed, and that Your use of AHS Materials shall be governed and constrained by this Agreement and applicable patent, copyright, trademark and other intellectual property laws.  Modification or use of AHS Materials or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark and other proprietary and intellectual property rights owned by AHS and third parties.  Without limiting any of the foregoing, You understand and agree that if You copy any AHS Materials or portion thereof for any purpose not expressly permitted in this Agreement, whether or not such copying or use is for Your commercial gain, You are violating the rights of AHS and/or its licensors, and that You may be subject to criminal and/or civil prosecution.  All rights in and to AHS Materials not expressly granted to You in this Agreement are reserved to AHS.
4.3.    Additional Proprietary Rights.  In addition to Our and Our licensors’ rights in individual elements of the AHS Offerings, We own a copyright in the selection, coordination, arrangement and enhancement of the AHS Technology (including Content and the AHS website(s) and/or mobile application(s)).  AHS Offerings may permit You to download and/or print Your Genetic Analysis and/or certain Content and You may do so, and You may make a limited, reasonable number of copies of such downloaded and/or printed Genetic Analysis and/or Content solely for Your own personal use, such as sharing with Your healthcare provider; and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Genetic Analysis and/or Content and further provided that all such copies include any proprietary notices of Ours or the applicable owner; all such copies (whether printed or electronic) are considered a Genetic Analysis and/or Content hereunder, and subject to the terms of this Agreement.  Except for this limited right to download, print and/or copy as described in this Section, and notwithstanding anything else herein to the contrary, You understand that You may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit any AHS Materials including, without limitation, the AHS Technology, AHS Offerings, Genetic Analysis and/or any of the Content (in whole or in part) and/or incorporate any of the foregoing in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if You attribute such AHS Materials or Use to AHS or the applicable licensors.
4.4.    Feedback.  If You contact Us with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding AHS Offerings, including the Content or any other AHS Materials (collectively, “Feedback”), the Feedback is deemed to be proprietary to and exclusively owned by AHS and We will have no obligation to You or any other party of any kind with respect to the Feedback.  In addition, You agree and acknowledge that We are free to use and distribute the Feedback to others without limitation, and to authorize others to do the same.  Further, We are free to use any ideas, concepts, know-how or techniques contained in the Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Feedback. We will not owe any compensation for the use or disclosure of the Feedback or be liable to any party for the use of the Feedback by any party.

5.    YOUR PRIVACY AND SECURITY
5.1.    General.  The privacy and security of Your Information is described in Our Privacy Policy. In general, We have established administrative, physical and technical safeguards in compliance with applicable law and general industry standards.  As further described in the Privacy Policy, We may use and disclose Your Information as required by law, as You may permit, or in connection with a reorganization, merger, sale or all or some of Our assets, or other corporate change, including for transaction due diligence (collectively, “Corporate Change”).  In the event of a Corporate Change (either during due diligence or upon the consummation of the Corporate Change), We may transfer Your Information, in whole or in part, to the relevant third part(ies) and, if the Corporate Change actually occurs, Your Information will then be subject to the privacy policies of such third part(ies).
5.2.    HIPAA.  As of the date this Agreement was last updated, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable to AHS because AHS is not a “covered entity” or “business associate” as those terms are defined in HIPAA and, therefore, Your Information is not considered “protected health information” as defined in HIPAA.  Despite that, AHS uses commercially reasonable efforts as described in the Privacy Policy to protect Your Information, including Genetic Data and Phenotypic Information, as if it were “protected health information”, but AHS does not represent or warrant its security efforts or Privacy Policy comply with HIPAA.  In the event HIPAA becomes applicable to AHS, We will update this Agreement and Our Privacy Policy accordingly.

6.    THIRD PARTY LINKS
In addition to the Third Party Providers, AHS Offerings may contain links to other websites and information solely for Your convenience.  AHS does not endorse nor make any warranties or representations about any website or information You may access through a link from AHS Offerings.  You agree and acknowledge that You (and not AHS) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites, including those of a Third Party Provider.  Please note that such other websites may have terms of use and/or privacy policies different from Ours and any use of such other websites and/or any information You provide to or through such other websites will be subject to the terms or use and privacy policies of those other websites and not AHS’s.  AHS has no responsibility or liability for acts or omissions by You or any third party with respect to such other websites and information, or any such party’s use or inability to use such other websites and/or information.

7.    YOUR RELATIONSHIP WITH AHS AND OURS WITH YOU
7.1.    Term and Termination. This Agreement commences on the date You accept it, as described above, and continues until terminated, as provided herein.  Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party; termination shall also be deemed to occur after a twelve (12) month period of inactivity with respect to Your Account. Upon termination for any reason, Your license to use and access AHS Offerings will immediately cease; prepaid but unused Sessions are generally not refundable upon termination; please refer to the FAQ for more information on AHS’ credit and refund policies. You may download Your Genetic Analysis at any time, and for thirty (30) days after the termination of this Agreement.  You may delete Your Information at any time, as further described in the FAQ.  While You may delete Your Information, it cannot be downloaded or returned.  Thereafter, Your Account, including Your Information, is subject to deletion by AHS.  Please note, even when deleted, We may retain a copy of Your Account, including Your Information for backup, archival or legal purposes.  All Fees paid to AHS are non-refundable and non-cancellable, even if there are any unused Sessions remaining in Your Account after such thirty (30) day period.  Your sole and exclusive remedy in the event of any dissatisfaction with AHS Offerings or a breach of this Agreement by AHS is to terminate this Agreement and cease using AHS Offerings.  Those Sections which by their nature are intended to survive, shall survive the termination or expiration of this Agreement.
7.2.    Your Warranties. You represent and warrant that: (a) You are 18 years or older and providing Your own Genetic Data and using the Services for Yourself and no other person; (b) all information You provide including, without limitation, Your Registration Information, Your Appointment Scheduling Information, Your current location and Your state of residence, is accurate; (c) You understand that information You learn from the Services or any AHS Materials 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 AHS recommends that You consult with Your physician or other health care provider if You have questions or concerns arising from the Services or Your use thereof; (d) the Genetic Data You provide to AHS is Yours and that You have the right, under all applicable laws, rules and regulations to possess such Genetic Data and to provide it to AHS; (e) You are not an insurance company or an employer attempting to obtain information about an insured person or an employee; (f) You are aware that some of the information You receive may provoke strong emotion and You take responsibility for all possible consequences of such information and/or Your use or sharing of the information; (g) You will not leave false or misleading reviews or comments about the AHS or AHS’ products or services on any site, including third-party review sites and in social media posts; (h) whenever You interact with the AHS by support chat, phone, email, social media post or support ticket, including while communicating with any party providing the Services including, without limitation, a genetic counselor or health coach, You will not use threatening, abusive, demeaning, defamatory or profane language; (i) You have the authority, under the laws of the state or jurisdiction in which You reside, to provide these representations; (j) in case of breach of any of these representations and warranties, AHS has the right to suspend access to Your Account or to terminate Your Account and refuse any and all current or future use of the AHS Offerings (or any portion thereof) and You will defend and indemnify AHS and its employees, agents and/or affiliates against any liability, costs, or damages arising out of the breach of any part of this Section.
7.3.    AHS Warranties.  Notwithstanding anything to the contrary in this Agreement, AHS Offerings, including the AHS Technology, Services, Genetic Analysis and all other AHS Materials is provided to You “AS IS”, without any warranties or indemnities of any kind.  To the fullest extent permissible pursuant to applicable law, AHS disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose and non-infringement.  Furthermore, AHS, its affiliates and licensors do not warrant that any use of AHS Offerings  including, without limitation, the AHS Technology, Services Genetic Analysis, Content and other AHS Materials, and/or any features or functionality in any of the foregoing, will meet Your requirements, be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the AHS Offerings including, without limitation, the AHS Technology, Services Genetic Analysis, Content and other AHS Materials, is free of viruses or other potentially harmful components.  We do not guarantee that any aspect of the AHS Offerings including, without limitation, the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials, is timely, accurate or complete.  AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials are not intended to offer medical, legal, tax, investment or other professional advice.  All use of AHS Offerings, including the AHS Technology, Services, Genetic Analysis and AHS Materials is solely at Your own risk.  YOU ACKNOWLEDGE AND AGREE THAT AHS HAS NOT REPRESENTED ITSELF OR THE AHS OFFERINGS, INCLUDING, WITHOUT LIMITATION, THE AHS TECHNOLOGY, SERVICES, GENETIC ANALYSIS, CONTENT AND OTHER AHS MATERIALS OR ANY PORTION OF ANY OF THE FOREGOING, AS HAVING THE ABILITY TO PROVIDE MEDICAL, LEGAL, TAX, INVESTMENT OR OTHER PROFESSIONAL ADVICE, OR TO PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF ANY LICENSED PROFESSIONAL. 

7.4.    Disclaimers. 
7.4.1.    General.  AHS DOES NOT REPRESENT THAT ANY OF THE AHS OFFERINGS INCLUDING, WITHOUT LIMITATION, THE SERVICES, AHS TECHNOLOGY, GENETIC ANAYLSIS, CONTENT OR ANY OTHER AHS MATERIALS AS HAVING THE ABILITY TO PREDICT, DIAGNOSE, PREVENT OR TREAT DISEASE, OR TO PRESCRIBE TREATMENT OR PRESCRIPTIONS, OR TO PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE. YOU ACKNOWLEDGE AND AGREE THAT AHS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY DECISION ABOUT ANY ASPECT OF YOUR (OR ANY OTHER PARTY’S) HEALTH CARE.
7.4.2.    AHS Not Providing Medical Advice.  The AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials, is for educational and informational purposes only and is not intended to replace the relationship between You and Your physician or other health care provider. You understand and agree that the AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials are not a substitute for a health care provider’s standard practice or professional judgment, nor do they replace the assessing practitioner’s responsibility to review all information, including Your medical history.  You understand that AHS is not a licensed medical care provider and does not predict, diagnose, examine, prevent or treat medical or genetic conditions of any kind. You should always consult a physician if You have any questions regarding a medical or genetic condition. Never disregard professional medical advice or delay in seeking it because of information You acquired on or through AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content or other AHS Materials.  We are not responsible for any health problems that may result from Your use or access of (or inability to use or access) any AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials. You agree that Your use and/or access of any AHS Offerings, including the Services, Genetic Analysis and AHS Materials are at Your own risk. Your Genetic Analysis may provide additional disclaimers which are incorporated herein.
7.5.    Your Acknowledgement.  Without limiting any of the foregoing, You understand and agree that if AHS provides You with information based on Your Genetic Data and/or Phenotypic Information, this information is intended only for informational purposes and discussion with Your physician or other healthcare provider. Do not change Your health behaviors solely on the basis of information from AHS.  For most common diseases, known genes are only responsible for a fraction of the risk. Other predictors include unknown genes, environmental factors, or lifestyle choices. If Your Genetic Data indicate that You are not at any greater risk for a particular disease or condition, You should not feel that You are protected. The opposite is also true; if Your Genetic Data indicate You are at a greater risk for a particular disease or condition, it does not mean You will definitely develop it. In either case, if You have concerns or questions about what You learn through any AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content or other AHS Materials, You should contact Your physician or other health care provider. Only a trained physician or other health care provider can assess Your current state of health or disease, taking into account many factors, including Your medical history and current symptoms, if any.
7.6.    Liability.  You understand that AHS, its affiliates and licensors shall have no liability whatsoever to You or any other party for any damages or claims arising under this Agreement or otherwise related to Your use, misuse or inability to use the AHS Offerings, including the AHS Technology, Services, Genetic Analysis, Content and other AHS Materials.  AHS is not responsible or liable for the completeness, accuracy or validity of Your Genetic Data and Your Information. You are solely responsible for the completeness, accuracy and validity of Your Genetic Data and Your Information. If Your Genetic Data is not sufficient to generate the Genetic Analysis, You may be eligible for a refund or credit; please refer the FAQ for more information about AHS’ credit and refund policies.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL AHS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR LOST SAVINGS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR TO THE USE OR ACCESS, OR INABILITY TO USE OR ACCESS, OR THE RESULTS OF ACCESS OR USE, OF AHS OFFERINGS, INCLUDING THE AHS TECHNOLOGY, SERVICES, GENETIC ANALYSIS, CONTENT AND OTHER AHS MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.   IN THE EVENT AHS IS LIABLE TO YOU FOR ANY DIRECT DAMAGES UNDER ANY THEORY OF LAW, SUCH LIABILITY IS LIMITED TO $100, IN AGGREGATE.
7.7.    Indemnification. You agree to indemnify Us, Our affiliates, employees, agents and representatives harmless from and against any claim, demand, suit, or proceeding (“Claim”) made or brought against Us, Our affiliates, employees, agents and representatives by a third party alleging that Your Information, or Your use or access of AHS Offerings, including without limitation, the AHS Technology, Services, Genetic Analysis, Content or any other AHS Materials is in violation of this Agreement, or infringes or misappropriates the intellectual property rights of a third party, or violates applicable law.  You agree to pay for any settlements, or damages awarded against Us, and for reasonable attorney’s fees incurred by Us, Our affiliates, employees, agents and representatives in connection with any such Claim provided that We give You prompt written notice of the Claim and give You a reasonable opportunity to participate in the defense of such Claim.  Additional indemnification obligations are in Section 2.1 and Section 7.2 and are subject to the process described in this Section.
7.8.    Copyright Infringement.  If You believe that Your copyrighted work has been copied in a way and that constitutes copyright infringement, please provide Our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on Our website; Your address, telephone number, and email address; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Please contact Our Copyright Agent for Notice of Claims of Copyright Infringement at: Copyright Agent, AHS, Inc. 1151 Eagle Dr., #224, Loveland, Colorado 80537, copyright@ahsinc.com.
7.9.    Miscellaneous.  This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado without regard to its principles of conflicts of laws.  Venue and jurisdiction shall be exclusively in the state and federal courts located in the state of Colorado.  We may provide notices to You electronically, via email to the address provided by You, or if such notice is applicable to all users generally, We may post such notice on AHS Offerings. Except when this Agreement indicates that You may provide notice to Us via email, any notices provided by You to Us shall be made in writing and will be effective upon the first business day after delivery to a nationally recognized courier for next-business day delivery. Notices to AHS shall be addressed to: AHS, Inc. 1151 Eagle Dr., #224, Loveland, Colorado 80537.  Failure of either party to enforce a right under this Agreement shall not act as a waiver of any rights or a waiver of that right or the ability to later assert that right relative to the particular situation involved.  If any provision of this Agreement is alleged to be invalid or unenforceable, the provision shall be construed to have the broadest interpretation that would make it valid and enforceable.  Invalidity or unenforceability of one provision shall not affect any other provision of this Agreement.  AHS Offerings, including the AHS Technology, and any technology underlying any part of the AHS Offerings, may be subject to export laws and regulations of the United States and other jurisdictions. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using AHS Offerings. We are not responsible for any delay or failure in performance caused by flood, riot, insurrection, fire, earthquake, pandemic, strike, communication line failure, internet service provider failure, hosting service provider failure, power line failure, computer attacks, denial of service attacks, explosion, acts of terrorism, act of God, government acts, acts (or failure or delay to act) of any third party, including payment processors, or any other force or cause beyond Our reasonable control. The division of this Agreement into Sections, and the insertion of captions and headings, are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. You may not assign this Agreement without Our prior written consent.  Any attempted assignment in violation of the foregoing shall be null and void, and of no force or effect.  The parties are independent contractors.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. You may not use Our name, logo or trademark for any reason without Our prior written consent.  This includes, by way of example and not limitation, any reference or link to AHS Offerings in any blog.  You may notify Us of any desired use of Our name, logo or trademark and We would be pleased to consider Your interest in referencing Us or linking from Your blog to AHS Offerings. Except as expressly provided otherwise, there are no third party beneficiaries of this Agreement.  This Agreement, consisting of all of the pages of this instrument, together with all of the pages of the Privacy Policy and any other exhibits and attachments, if any, sets forth the entire, final and exclusive agreement between the parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the parties. You may not amend this Agreement without Our written consent.  We reserve the right to modify or amend this Agreement at any time as described above.

 
PRIVACY POLICY

Last Updated: 11/16/2020

This Privacy Policy is part of the Terms of Use Agreement.  Please read it carefully as it describes what information We collect, why We collect it, and what We do with it.  By using the AHS Offerings, You acknowledge that AHS will handle Your Information and other personal information as described in this Policy. Your use and/or access of any AHS Offerings, and any dispute between You and Us, is subject to the Agreement, including this Privacy Policy, which may be amended by AHS from time-to-time.

1.    PERSONAL INFORMATION WE COLLECT
We collect information in two ways:  directly from You and automatically through Your usage of the AHS Offerings.

Information You Provide 
We collect Your Information directly from You, when You register with Us or when You upload or otherwise provide Us with information; this includes Registration Information (other than credit card information), Genetic Data and Phenotypic Information.  We do not knowingly collect information from minors of any age, including without limitation, under the age of 13. 
  
Information Collected Automatically
Some information about Your use of AHS Offerings is collected automatically, using technologies like cookies, web beacons, analytics and other methods as further discussed below (“Automatically Collected Information” and, together with Your Information, “Collected Information”).  Automatically Collected Information may include user IP addresses, information about Your browser/mobile device, and other similar items.  It also includes any automatically collected navigational and other analytic information that We use to manage, operate, maintain and improve the AHS Offerings and users’ experiences.  Automatically Collected Information is handled in accordance with this Privacy Policy, but it is not Your Information.  AHS owns all right, title and interest in and to any Automatically Collected Information and may use such Automatically Collected Information for any legal purpose.

2.    WHAT WE DO WITH THE COLLECTED INFORMATION
We use the Collected Information to provide the AHS Offerings, to communicate with You, to provide You with technical support when necessary, and for other internal research, analytic and business purposes to better understand how You and other users access and use the AHS Offerings so that We can improve them and provide better services generally.  We may also use the Collected Information in Our research and development activities to validate Our approaches and methodologies using current science.
We may also provide the Collected Information in order to comply with legal obligations, to respond to a court order/subpoena, or when We determine using the information is necessary in order to investigate, prevent or otherwise handle any illegal activities or in other circumstances were We reasonably believe the safety or security of any person or system is at risk.  We may also use the Collected Information to protect Our rights and to enforce the Agreement and this Privacy Policy.

3.    HOW WE SHARE THE COLLECTED INFORMATION
We do not sell Your Information to any third party for marketing purposes.
We do share Your Information as necessary with third parties providing any services to You through the AHS Offerings, such as with genetic counselors, health coaches, third party payment processors, vendors providing hosting/maintenance services related to AHS Offerings and other similar third parties.  Sharing Your Information with these limited third parties is necessary in order for You to access and use AHS Offerings.
We may also share, disclose or transfer Your Information in connection with a Corporate Change and We may transfer Your Information, in whole or in part (either during due diligence or upon the consummation of the Corporate Change), to the relevant third part(ies) and, if such Corporate Change actually occurs, Your Information will then be subject to the privacy policies of such third part(ies).
We may also use and disclose Collected Information as required by law, when We believe it is appropriate to comply with law enforcement requests, and/or to enforce this Privacy Policy or the Agreement, or otherwise to protect Our and Our users’ rights, property or safety.
We may use Collected Information in an aggregated form for any purpose permitted by law.  Your Information, if included in such aggregation, will be anonymized. 
We also use Your email address to send You any periodic email or newsletter communications on topics generally relevant to Our users. Your communication preferences may be managed through Your Account and You may opt out at any time from receiving any such general communications, 

4.    CONSENT TO TRANSFER
AHS is a U.S. company; all information collected (whether Your Information, Automatically Collected Information or any other information) will be stored and processed in the United States.  AHS Offerings are intended to be used in the United States.  If You are not a citizen or resident of the United States, click here.
Without limiting the above, AHS Offerings are maintained in the United States, and Collected Information will be processed and shared in the United States, where the laws and protections regarding data and information may be different from those of other countries.  If You (are a located in a country other than the United States, please be aware that Your Information will be transferred to the United States and, by providing such information, You consent to such transfer.

 
5.    TECHNOLOGIES WE USE
We use a variety of technologies and methodologies to collect, track and use information.  These technologies and methodologies may include the following:
•    “Cookies” are small text files that are inserted and stored by Your web browser on Your computer’s hard drive. They help Us determine what parts of the AHS Offerings You used or accessed, and also help Us analyze and improve the design and technology of AHS Offerings.  Your browser may permit You to disable cookies; please refer to Your browser settings for further information.  However, if You disable cookies, You may not be able to use all of the features and functions of AHS Offerings, and any settings or preferences You previously set that are controlled by the cookies may no longer be available.  You may not be able to disable any cookies that AHS considers strictly necessary.
•    Web beacons are images embedded in a web page or email for the purpose of measuring and analyzing website usage and activity. We, or third party service providers acting on Our behalf, may use web beacons to help Us analyze website usage and improve Your online experience. We may use third party service providers to help Us analyze certain online activities and improve the AHS Offerings and, if applicable, any product or service offerings available on the AHS Offerings. We may permit these service providers to use cookies and other technologies to perform these services for Us. We do not share any of Your Information with these third party service providers, and these service providers do not collect any of Your Information on Our behalf. These third party service providers are not Third Party Providers for the purposes of the Agreement and/or this Privacy Policy.
•    We may use local shared objects (“LSOs”), such as Flash LSOs to store Your preferences and to improve Your experience by personalizing it.  Unlike cookies, You usually cannot control, delete, or disable LSOs through Your web browser. For more information or to learn how to manage Your Flash LSO settings, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.
•    We use Google Analytics to evaluate usage of the AHS Offerings and to generally improve them and the user experience. Information used by Google is subject to Google’s privacy practices, which can be reviewed at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent information from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
•    AHS Offerings do not recognize “do not track” requests.

6.    DATA SECURITY AND PROTECTION
The security of Collected Information is important to Us.  AHS has established administrative, physical and technical safeguards in compliance with applicable law and general industry standards to protect all information collected, including Your Information. While We have established these administrative, physical and technical safeguards in compliance with applicable law and general industry standards, to safeguard and secure Your Information from unauthorized access or disclosure, We do not and cannot guarantee that any information, including Your Information, is 100% secure.  You understand that no storage, processing or transfer of Your Information, any Automatically Collected Information or any other information can be guaranteed to be completely secure.
As of the date this Privacy Policy was last updated, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable to AHS because AHS is not a “covered entity” or “business associate” as those terms are defined in HIPAA and, therefore, Your Information is not considered “protected health information’ as defined in HIPAA.  Despite that, AHS uses commercially reasonable efforts to protect Your Information, including Genetic Data and Phenotypic Information, as if it were protected health information, but AHS does not represent or warrant its security efforts or this Privacy Policy will comply with HIPPA.  In the event HIPAA becomes applicable to AHS, We will update this Privacy Policy accordingly.

7.    CALIFORNIA RESIDENTS
We do not sell Your Information.
As of the date of the last update of this Privacy Policy, the California Consumer Privacy Act (“CCPA”) does not apply to AHS.  If it subsequently applies to AHS, then California residents may have additional rights; namely the right to know about the personal information a business collects about them and how it is used and shared; the right to delete personal information collected (with some exceptions); the right to opt-out of the sale of their personal information and the right to non-discrimination for exercising these rights.  In the event the CCPA becomes applicable to AHS, We will update this Privacy Policy accordingly.

8.    CHANGES
AHS reserves the right to modify this Privacy Policy from time-to-time.  We will notify You of any changes by indicating the date of last update of this Privacy Policy.  We encourage You to re-visit this Privacy Policy occasionally so that You are aware of the most current version.  Your use or access of any AHS Offering after such change is deemed to be Your acceptance and agreement of the change.

9.    QUESTIONS?
If You have any questions about this Privacy Policy, please contact Us through Your Account or by writing Us at:  AHS, Inc., 1151 Eagle Dr., #224, Loveland, Colorado 80537.
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