Terms & Conditions of Use
Last updated: October 1, 2022
Genesis Laboratory Management LLC operates and manages its web domain and site called www.genesislaboratory.com. Genesis Laboratory Management LLC and/or its affiliates (“Genesis Labs”) provide website features and other products and services to you when you visit www.genesislaboratory.com, use Genesis Labs products or services, use Genesis Labs applications, including, mobile or use software provided by Genesis Labs in connection with any of the foregoing (collectively, the “Services”). By using the Genesis Labs Services, you agree, on behalf of yourself and all members of your household and or business, and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Service, you also will be subject to the guidelines, terms and agreements applicable to that Service’s (“Service Terms”). If these Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of our Services, to understand our practices.
When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Genesis Labs or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Genesis Labs and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of Genesis Labs in the U.S. and other countries. Genesis Labs’ trademarks and trade dress may not be used in connection with any product or service that is not Genesis Labs’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Genesis Labs. All other trademarks not owned by Genesis Labs that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genesis Labs.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use and any other terms, and your payment of any applicable fees, Genesis Labs or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use or any terms are reserved and retained by Genesis Labs, its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Genesis Labs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Genesis Labs without express written consent. You may not use any meta tags or any other “hidden text” utilizing Genesis Labs’ name or trademarks without the express written consent of Genesis Labs. You may not misuse any Services. You may use the Services only as permitted by law. The licenses granted by Genesis Labs terminate if you do not comply with these Terms and Conditions of Use or any terms.
You may need your own Genesis Labs account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit the payment page to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Genesis Labs does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers. Genesis Labs reserves the right to refuse service, terminate accounts, terminate your rights to use any Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Where applicable, you may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Genesis Labs reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Genesis Labs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Genesis Labs and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Genesis Labs for all claims resulting from any content you supply. Genesis Labs has the right but not the obligation to monitor and edit or remove any activity or content. Genesis Labs takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Genesis Labs respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at:
Genesis Laboratory Management LLC
c/o Chief Information Security Officer
Oakhurst, NJ 07755
Genesis Labs attempts to be as accurate as possible. Genesis Labs does not warrant that product descriptions or other content of any Service to be accurate, complete, reliable, current, or error-free.
“List Price” means the Cash Price of a Service provided by Genesis Labs. We regularly check our prices.
Parties may provide services similar those to the Services provided by Genesis Labs. The use of any terms or services provided herein by any third-parties are done so without reference to or the approval of such terms or Services provided by Genesis Labs. To the extent we provide links to the sites of unaffiliated companies and certain other businesses they are for reference only and any representations or warranties are expressly disclaimed. If you purchase any of the Services offered by these businesses or individuals, you are purchasing directly from those third parties, and not from Genesis Labs. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Genesis Labs does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GENESIS LABS WEBSITE ARE, TO THE EXTENT ALLOWED BY LAW TO BE PROVIDED BY GENESIS LABS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GENESIS LABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR ANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GENESIS LABS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, GENESIS LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENESIS LABS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, GENESIS LABS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GENESIS LABS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GENESIS LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any this website or to the extent permissible by law, binding arbitration using the model arbitration rules set forth and conducted by the American Health Law Association in Monmouth County, State of New Jersey, if not, then such dispute will be adjudicated in the state or Federal courts in Monmouth County, State of New Jersey, and you consent to exclusive jurisdiction and venue in these arbitration venues and/or courts. We each waive any right to a jury trial.
By using any Service, you agree that applicable federal law, and the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Genesis Labs.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our policies posted on this site. These policies also govern your use of the Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Genesis Laboratory Management LLC
c/o Chief Information Security Officer
Oakhurst, NJ 07755
ADDITIONAL GENESIS LABS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Genesis Labs Services (the “Genesis Labs Software”).
- Use of the Genesis Labs Software. You may use Genesis Labs Software solely for purposes of enabling you to use the Services as provided by Genesis Labs, and as permitted by these Terms of Conditions of Use and any Service Terms. You may not incorporate any portion of the Genesis Labs Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Genesis Labs Software in whole or in part. All software used in any Service is the property of Genesis Labs or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Genesis Labs Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Genesis Labs Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Genesis Labs Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Genesis Labs Software are the same as the rights we grant to all others under these Terms and Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Genesis Labs or third-party terms applicable to any portion of Genesis Labs Software, such as open-source license terms, such other terms will control as to that portion of the Genesis Labs Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS; NOTICE
Genesis Labs accepts all notices, service of subpoenas or other legal process only through its corporate offices at the following address:
Genesis Laboratory Management LLC
c/o Chief Financial Officer
Oakhurst, NJ 07755
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint to the Genesis Labs at the address listed in the section regarding “Notices”. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement the notice party listed in these Terms and Conditions of Use
Written claims concerning copyright infringement must include the following information:
- A physical or electronic 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 upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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.