Gene by Gene Terms of Service
Please read the following legal terms & conditions carefully before registering an account or placing an order from Gene By Gene, LTD.
When you create an account or place an order, you provide your acceptance of the following terms and conditions. If you do not agree to all of the terms and conditions, you are not authorized to use this site for any of the genetic testing services offered by Gene By Gene, LTD. Gene By Gene, LTD. reserves the right to revise the these terms and conditions at any time and for any reason. Modifications may be posted on the Gene By Gene, LTD. website, and by continuing to use Gene By Gene, LTD. services any changes are made, you agree to any and all changes made.
The terms and conditions shall be governed by the laws of the State of Texas. The courts of Texas shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these terms and conditions and all services and products offered and performed by Gene By Gene, LTD.
1. Sample Quality & Testing Requirements
- Genetic testing will be performed under the following circumstances:
- The sample requisition form has been completed as required (online or manually).
- Quality, quantity, and concentration of the sample material is in accordance with testing requirements.
- All patient information is concordant in all submission forms and sample collection materials.
- Sample requirements and instructions are available on the Gene By Gene, LTD. website, and any other questions can be emailed directly to info@genebygene.com .
Gene By Gene, LTD. is not responsible for the loss of samples sent for testing, samples sent to a wrong address, or damage to sample container during transportation. Gene By Gene, LTD. is entitled to ask for additional sample material if the quality and/or quantity of sample material needed for testing is not in compliance with our sample requirements.
Any sample material sent will be used only to perform the specifically ordered testing. After testing is complete, remaining sample material is stored for 180 days, unless otherwise specified by regulatory agencies. After 3 months, the sample will be discarded or de-identified and retained for in-house laboratory use. If the customer would not like the sample to be de-identified for in-house laboratory use, please contact info@genebygene.com. If a customer requests that Gene By Gene, LTD. stores the sample for a longer period, he/she needs to inform Gene By Gene, LTD. by sending an email to info@genebygene.com and will be responsible for paying the corresponding sample storage fee. If there is not enough sample material for storage or the customer wishes later to perform further testing or analysis on new sample material, Gene By Gene, LTD. is not responsible for differences in the results received. Returning remaining sample material to the customer will be done at the customer’s expense.
2. Export Control and Applicable Laws & Regulations
By using products or services from Gene By Gene, LTD., you agree that:
- Providing the sample is not subject to any export ban or restriction in the country in which the patient or customer resides;
- Your sample and data may be transferred and/or processed outside the country in which the patient or customer resides;
- That you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which the customer or patient accesses Gene By Gene, LTD. products or services online.
3. Payment & Refund Policy
Unless alternative written agreements have been made, it is understood that no testing services will be performed by Gene By Gene, LTD. until payment is made for each test in full. All customers understand that if the test fails for reasons for which Gene By Gene, LTD. is not at fault, Gene By Gene, LTD. may offer to send the customer(s) additional collection kits to perform additional testing at a reduced charge. If the customer(s) decline this option, the customer(s) will not be entitled to a refund of the amount paid to Gene By Gene, LTD. Once the sample has been received, no refunds will be provided or processed. The customer will be contact if any quality issues arise to discuss details and determine appropriate next steps to continue testing as efficiently as possible.
4. Technology Updates
You acknowledge that Gene By Gene, LTD. may offer different or additional technologies and/or features to process samples and/or deliver results in the future. You understand that your initial purchase of products or services does not entitle you to any different and/or additional technologies, features, or updates of results.
5. Turnaround Times
By registering an account or placing an order, you agree and understand that any reported turnaround times are estimated, and in rare cases, results may become available before or after the reported time frame. Gene By Gene, LTD. is not responsible for refunds, discounts, or any additional measures for test results that are not available within the initially reported turnaround time frame.
6. Indemnity
You agree to defend and hold Gene By Gene, LTD., and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information you submit, misuse of the results delivered to you, violation of these terms and conditions, or your violation of any rights of another party. If you choose to provide your results and personal information to third parties, whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold harmless Gene By Gene, LTD., and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees from any and all liability arising from such disclosure or use.
7. Governing Law and Jurisdiction
Subject to paragraphs 8-18, all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. For U.S. Customers and U.S. Individuals: Dispute Resolution by Binding Arbitration and Class Action Waiver
This arbitration and class action waiver provision applies to all customers and individuals located in the United States and its territories. Please read this arbitration provision carefully to understand your rights. Except where prohibited by governing law, you and Gene By Gene agree that any Claim that may arise by you against Gene By Gene or vice versa must be resolved through final and binding individual, confidential arbitration. Except as provided herein, you and Gene By Gene both agree that you and Gene By Gene are waiving the right to a trial by jury. The rights that would have been had by going to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
9. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute, actions, or controversies between you, Gene By Gene, or any involved third party relating to your account, the Website or Service, your relationship with Gene By Gene, communications from or with Gene By Gene, this Agreement (including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this arbitration agreement), the Privacy Policy, the DNA Informed Consent, and any documents or agreements incorporated by reference in any of the foregoing. You, Gene By Gene, or any involved third party may pursue a Claim. Except as otherwise provided herein, should Gene By Gene have any Claims against you, it agrees to resolve such Claims exclusively through final and binding individual, confidential arbitration. Likewise, except as otherwise provided herein, should you have any Claims against Gene By Gene, you agree to resolve such Claims exclusively through final and binding individual, confidential arbitration. By agreeing to arbitrate, you waive the right to go to court and agree instead to resolve any Claims exclusively through final and binding individual, confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. You agree that this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all Claims shall be subject to the terms of this provision.
10. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Gene By Gene both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class and non-representative) basis. Gene By Gene will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court on an individual basis. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the courts located in Harris County, Texas: (i) infringement or validity of our intellectual property rights or the intellectual property rights of a third party; or (ii) an action by Gene By Gene for injunctive or other provisional relief for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “10” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide or representative arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 10, the parties consent to exclusive jurisdiction and venue in the courts located in Harris County, Texas, and forever waive any challenge to said courts’ jurisdiction and venue.
11. Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and Gene By Gene agree to first contact each other with a written notice of the dispute, stating the name, address, and contact information of the party giving notice; the facts giving rise to the Claim; and the relief requested, and including all relevant documents and information. You may send the written notice of dispute by e-mail to legaldepartment@genebygene.com or by writing to Gene By Gene, by courier or registered mail. Gene By Gene will contact you by letter at the billing address you provided to us or at the email address you provided to us. If the dispute is not resolved within 60 days after receipt of the written description of the dispute, you and Gene By Gene agree that all Claims shall be resolved exclusively through the dispute resolution provisions below.
12. Commencing Arbitration
You and Gene By Gene agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
13. Arbitration Location
The arbitration may be conducted by telephone (or other remote means) or by written submissions in Harris County, Texas, in the city or county where you reside, or another forum mutually agreed upon by you and Gene By Gene.
14. Organization, Rules, and the Arbitrator
All Claims other than those exempted under subsection 10, above shall be submitted to final and binding individual, confidential arbitration before a single arbitrator of AAA (American Arbitration Association). The arbitration will be conducted in accordance with these Terms and this arbitration agreement and the provisions of AAA’s Consumer Arbitration Rules, AAA’s Mass Arbitration Supplementary Rules, and any supplemental rules and fee schedules in effect at the time of submission of the demand for arbitration and as applicable (the “AAA Rules”). The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling 1-800-448-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, formation, or enforceability of this Agreement, the Privacy Policy, the DNA Informed Consent, any documents or agreements incorporated by reference in any of the foregoing, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine all threshold arbitrability issues, including whether any Claim is arbitrable and whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Gene By Gene. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For individual, non-mass arbitrations, Gene By Gene will pay the fees charged by the arbitrator for Claims totaling less than $750, unless the arbitrator determines the Claims are frivolous, in which case, Gene By Gene reserves the right to seek reimbursement from you for any arbitrator fees paid. Likewise, Gene By Gene will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15. Enforceability
This provision survives termination of your account or relationship with Gene By Gene, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void, and you and Gene By Gene shall be deemed not to have agreed to arbitrate Claims. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
16. Amendments
Gene By Gene reserves the right to amend this arbitration provision at any time. Your continued use of the Website and/or Service is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Gene By Gene will provide you notice and an opportunity to opt-out. Your continued use of the Website and/or Service is affirmation of your consent to such material changes.
17. Mass Arbitrations
After the required pre-dispute resolution procedures in subsection “11” above are exhausted, and to increase efficiency of resolution, in the event 25 or more similar arbitration demands against Gene By Gene are filed by or with the assistance or involvement of the same or coordinated law firm(s) or organization(s) (“Mass Arbitration”), you and we agree that such Mass Arbitration shall be governed by the AAA Rules in effect when the Mass Arbitration is filed or coordinated, excluding any rules that permit arbitration on a class-wide or other representative basis, and under the rules set forth in these Terms and this arbitration agreement. You and we agree that the Mass Arbitration shall be resolved using AAA’s Mass Arbitration Supplementary Rules, available at https://www.adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf. The individual demands comprising the Mass Arbitration shall be submitted as directed by AAA. Pending resolution of any dispute concerning the administration of the Mass Arbitration by AAA, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. Disagreements over the applicability of this Mass Arbitration process will be settled in a single, consolidated arbitration proceeding before AAA that includes all affected parties and will be resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in these Terms to the contrary, any Mass Arbitration shall take place in Harris County, Texas or, if the parties prefer, by video conference or other remote means. The parties may also agree to conduct arbitration based on written submissions alone. If for any reason the provisions in this subsection “17” are found to be unenforceable, or if for any reason AAA is unable to administer the Mass Arbitration, then the disputes comprising the Mass Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) consistent with the provisions of this arbitration agreement and these Terms and in accordance with ADR Services’ rules and procedures, including any supplementary rules and fee schedules then in effect. ADR Services’ rules are available at https://www.adrservices.com/services-2/arbitration-rules/.
18. Opt Out Procedure
You have the right to opt out of this arbitration provision as follows: (a) if you signed up to Gene By Gene after January 1, 2025 (the “Arbitration Effective Date”), then you have 30 days from the date you signed up to opt out; or (b) if you signed up to Gene By Gene before or on the Arbitration Effective Date, then you have 30 days from the Arbitration Effective Date to opt out, as Gene By Gene will attempt to inform you by email within 10 days of the Arbitration Effective Date about the changes in this Agreement that include the arbitration provision. To opt out of the arbitration provision, write to us by sending an e-mail with the subject of “Arbitration Opt-Out” to opt-out@genebygene.com, or via courier or registered mail at Gene By Gene Ltd., with the notation “Arbitration Opt-Out”. When opting out, it is required to provide your account ID or the email address you used to sign up to Gene By Gene. If you do not opt out within the timeframes designated in this subsection 18, you are not eligible to opt out of this provision and must pursue your claim through individual binding arbitration, except as set forth above. If you opt out of the arbitration provision, all other parts of these Terms will continue to apply. Opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Gene By Gene.
19. Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that Gene By Gene, LTD. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gene By Gene, LTD. has been advised of the possibility of such damages), resulting from a) the use or inability to use provided products or services; b) any action you take based on the information received through provided products or services; c) your failure to keep your password or account details secure and confidential; d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from provided products or services; e) unauthorized access to or alteration of your transmissions or data; f) the improper authorization for the services by someone claiming such authority; or g) statements or conduct of any third party on the services.
20. Privacy & Security
Gene By Gene, LTD. will handle all sample specimens in compliance with all applicable laws and regulations. All data received from the customer and data generated will be created, stored, and transferred according to HIPAA guidelines. The customer understands that Gene By Gene, LTD. is not responsible for misuse, mishandling, or misrepresentation of this data by the customer or other third parties who have been given rightful access to the aforementioned data or materials.
21. Additional Agreements
The terms and conditions set forth in this document constitute the entire agreement between you and Gene By Gene, LTD. and govern your use of the products or services, superseding any prior agreements between you and Gene By Gene, LTD. on this subject. You may also be subject to additional terms and conditions that apply when specific products or services are ordered.
22. Waiver
The failure of Gene By Gene, LTD. to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such rights or provisions. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.
23. Terms for Cause of Action
Limitation of Liability
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of products, services, or terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles
The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.
Severability Clause
If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
Gene By Gene Name and Trademark
Gene By Gene, LTD., and other Gene By Gene logos, product names, and service names are trademarks of Gene By Gene, LTD. and these marks together with any other Gene By Gene, LTD. trade names, service marks, logos, domain names, and other distinctive brand features are the “Gene By Gene Marks”. No party has the right to use any Gene By Gene Marks without expressed written consent from Gene By Gene, LTD. All customers agree that when using a product or service, they will not use any trademark, service mark, trade name, or logo, of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Links to Gene By Gene Website
Gene By Gene, LTD. is not responsible for third party websites or materials that offer links to genebygene.com, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available in such sites or materials. You further acknowledge and agree that Gene By Gene, LTD. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content and information provided by those websites.