Seqster PDM, Inc. Terms and Conditions
(Last Updated April 18, 2023)
Seqster PDM, Inc. ("Seqster") created a platform to help you manage your digital health records. These Terms and Conditions ("Terms") are the rules you must follow when using our websites with the domain of seqster.com and the software and services we offer there (together called the "Services"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SEQSTER SITE. The Terms are a legal agreement between you and Seqster.
These Terms say that if there is a disagreement between you and Seqster, it will be settled by BINDING ARBITRATION. This means that YOU GIVE UP YOUR RIGHT TO GO TO COURT to argue or defend your rights in this agreement, except for small claims court. A NEUTRAL ARBITRATOR will decide your rights, not a judge or jury. YOU CANNOT BRING CLAIMS AS A GROUP OR CLASS ACTION. Please read Section 14 ("Dispute Resolution and Arbitration") for more information about your agreement to arbitrate disagreements with Seqster.
In these Terms, "you" and "your" mean you, the person using Seqster's Website and agreeing to these Terms. "We," "us," "our," and any other similar words refer to Seqster. When we mention Seqster in this agreement, we also mean our directors, officers, employees, contractors, owners, agents, licensors, or licensees. The term "Website" includes the websites with the domain of seqster.com, pages within this Website, any similar mirrors, replacements, substitutes or backup websites, and pages that are connected to these websites. When we use the word "including" in these Terms to give specific examples, it means "including, without limitation" or "including but not limited to" and does not mean that the examples are the only things covered.
- ACCEPTING THIS AGREEMENT. By using our Website or Services, you agree to follow these Terms and Conditions. If you disagree, please don't use our Website or Services.
- CHANGES TO TERMS. Seqster may change these Terms at any time by updating this page. You should check this page regularly, as any changes apply to you. If you have questions about these Terms, contact us at firstname.lastname@example.org.
- WHO CAN USE THE SERVICES? You can only use the Services and agree to these Terms if you're at least 18 years old and can legally form a binding contract with Seqster.
- SERVICES DESCRIPTION. Seqster helps you gather and combine your electronic health records, fitness, and genomic data. You can control, manage, and share your data through Seqster. We won't sell your data without your permission.
- CREATING AN ACCOUNT. To use the Services, you need to create an account. When you do, provide personal information like your name, valid email address, mailing address, and a strong password. You're responsible for all activity on your account. Seqster isn't responsible for any losses or damages if you don't keep your account information private. We may need to verify your identity and can ask for more information or check other sources to do so. If you don't provide the information or we can't verify your identity, we might not let you use the Services.
- THIRD-PARTY SERVICES AND AGREEMENTS. Seqster may integrate with or offer features that rely on third-party services. These third-party services are subject to their own terms and conditions, as well as privacy policies, which may differ from Seqster's policies. By using such services in conjunction with Seqster, you agree to be bound by the terms and conditions of these third-party providers. Before connecting to or utilizing any third-party services through Seqster, users will have the opportunity to review and agree to the third-party Terms of Service and Privacy Policies. It is your responsibility to read and understand these policies prior to using the respective services. Seqster is not responsible for the content, privacy practices, or conduct of third-party services, and your interactions with them are at your own risk.
- ELECTRONIC COMMUNICATIONS AND PROMOTIONS. By creating an account, you agree that we can send you messages about the Services and Website, including notices and promotions. You can opt out of promotional emails by following the instructions in the email.
- SITE CONTENT USAGE. The content on our Website and Services, such as text, graphics, images, and more, is protected by copyright, trademark, and other laws. You can only download content for personal, non-commercial use, and you must keep all copyright notices. You can't use the content for public or commercial purposes without Seqster's written permission. You also can't use the content in a way that suggests a connection with our products, services, or brands. You need written permission from Seqster to use any material from the Website or Services on another server. Using content on other websites or in networked computer environments is not allowed without Seqster's written permission. The trademarks, logos, and service marks on the Website are owned by Seqster or third parties. You can't use them without permission. If you want to use our content on your Website, email us at email@example.com.
- YOUR USE OF SERVICES. Your access and use of the Website and Services are for your personal use only, and you cannot transfer these rights to anyone else. You can only use the Website and Services for legal purposes. To help Seqster provide the Services effectively, you must give accurate information about your accounts on other websites and keep your Registration and Account Information up-to-date. If you don't do this, it may affect the accuracy and effectiveness of the Services. You confirm that you legally own and can provide all necessary information for us to offer the Services to you. There might be occasional interruptions in the Services due to reasons like equipment issues, updates, or maintenance. Seqster isn't responsible for any losses or damages resulting from downtime. If the Services don't work properly or have issues, your only solution is for Seqster to try to fix or adjust the problem using reasonable efforts. We regularly update our app to enhance your experience and introduce new features. To stay informed about these updates, please check the version number in the footer of our web app after logging in, which is hyperlinked to our release notes webpage at https://seqster.releasenotes.io/. This will help you stay up-to-date with the latest improvements and changes in our services.
- RIGHTS YOU GRANT US. By giving Seqster your information, data, passwords, and other content, you grant us a limited license to use it to provide the Services. You confirm that you have the right to give us this information without any fees or restrictions. When you use the Services, you allow Seqster to access your Account Information from third parties on your behalf. To use features like "Add Accounts" or "Connect," you will be linked to the third-party Website you choose, and Seqster will use your login information to access the site. You give Seqster permission to use and store your information for these purposes. By using the Services, you grant Seqster limited power of attorney to access third-party sites and retrieve your Account Information. This allows Seqster to manage your information and make it available for you to review when logged into the app. You understand that Seqster acts as your agent when accessing and retrieving information from third-party sites, not as an agent for the third party. You also understand that the Services aren't sponsored or endorsed by any third parties accessible through the Services. Seqster isn't responsible for errors, fees, or other issues related to the Services, including those resulting from inaccurate account information.
ACCESS TO THE SERVICES. You agree not to:
- Use automated tools like robots, spiders, scrapers, or deep links to access, gather, copy, or monitor the Services or any part of the Services, without Seqster's written consent, which may be withheld at Seqster's discretion;
- Use any engine, software, tool, agent, or device (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services, except for search engines and agents provided by the Services and widely used third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or send any file containing viruses, worms, Trojan horses, or other harmful elements that interfere with the proper functioning of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any software that is part of the Services; or
- Try to access any part of the Services without proper authorization.
- DISCLAIMER. The Website, services, information, data, features, content, and associated products are offered to you "as-is" and "as available." Seqster, its affiliates, and suppliers make no guarantees or warranties, express or implied, about the content, operation, or accuracy of the Website or services. Your use of the services is entirely at your own risk. Seqster and its suppliers do not guarantee that the content available through the services is virus-free or free of harmful elements. Some jurisdictions do not allow certain warranty exclusions or liability limitations. In these cases, liability is limited as allowed by law.
- LIMITATION OF LIABILITY. Seqster and its affiliates are not liable for any indirect, incidental, consequential, special, or exemplary damages arising from the use or inability to use the Website or services. The maximum liability for all claims related to these terms or your use of the Website or services is $500. These limitations apply even if the remedies fail in their essential purpose.
- INDEMNIFICATION. You agree to indemnify and hold Seqster and its affiliates harmless from any claims, liabilities, damages, losses, and expenses arising from your use of the Website or services, breach of these terms, violation of third-party rights, or violation of laws or regulations.
- NO MEDICAL ADVICE. Seqster does not provide medical advice. The content is for informational and educational purposes only. Consult your doctor for medical questions or emergencies. Do not ignore or delay seeking professional medical advice due to information accessed through the site.
- TERM AND TERMINATION. These terms remain in effect while you use the Website or services. We may suspend or terminate your rights to use the services at any time for any reason. Termination of your rights results in immediate account cancellation. You may cancel your account on your own or by contacting us at firstname.lastname@example.org. After termination, all provisions that should naturally survive will do so, including ownership provisions, indemnification, warranty disclaimers, and limitations of liability.
DISPUTES RESOLUTION AND ARBITRATION. By agreeing to these Terms, you consent to resolve any disputes with Seqster through the
arbitration procedures outlined below.
- GOVERNING LAW. These Terms will be considered entered into in California and governed by and interpreted according to the laws of the State of California, excluding its conflicts of law provisions.
- ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. Please read this Arbitration Agreement carefully, as it is part of your contract with Seqster and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Generally, to resolve disputes between you and Seqster in the most expedient and cost effective manner, you and Seqster agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SEQSTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATING IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 18.b.vi, nothing.
- Arbitrator. Any arbitration between you and Seqster will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Seqster.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Seqster's email address for notice is email@example.com. The notice must: (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the notice is received, you or Seqster may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Seqster must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Seqster will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Seqster in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with these Terms, Seqster will reimburse you for your payment of the filing fee unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Diego County, California, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Seqster for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND SEQSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Seqster agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Seqster makes any future change to this arbitration provision other than a change to Seqster's address for notice, you may reject the change by sending us written notice within 30 days of the change to Seqster's address for notice, in which case your account with Seqster will be immediately terminated, and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
- Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You and Seqster agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Survival of Agreement. This arbitration agreement will survive the termination of your relationship with Seqster.
- Enforceability. If Section 18.b.vi is found to be unenforceable or if the entirety of this Section 18.b is found to be unenforceable, then the entirety of this Section 18. b will be null and void, and in that case, the parties agree that the exclusive jurisdiction and venue are described in Section 18. c will govern any action arising out of or related to these Terms.
- Judicial Forum for Disputes. If the arbitration agreement is found not to apply to you or your claim, both you and Seqster agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in or nearest to San Diego County, California. Both parties consent to venue and personal jurisdiction in these courts. You and Seqster both agree to waive the right to a jury trial.
- WAIVER. If Seqster doesn't enforce a right or provision in these Terms, it doesn't mean they've given up that right or provision. A waiver must be in writing and signed by an authorized representative of Seqster. Using remedies under these Terms doesn't affect other remedies available.
- ENTIRE AGREEMENT. These Terms are the complete agreement between you and Seqster and replace any previous agreements. Both parties agree that no other representations, warranties, or agreements have been made except those in these Terms.
- SURVIVAL. Any provisions in these Terms that naturally continue after termination will survive.
- SEVERABILITY. If any part of these Terms is found invalid or unenforceable, the rest of the Terms will still be binding and enforceable.
- ASSIGNMENT. You can't transfer these Terms or your rights under them without Seqster's written consent. Seqster can assign these Terms without notice or consent. These Terms apply to you, Seqster, and any successors or permitted assigns.
- HEADINGS. Headings, captions, headers, footers, and version numbers in these Terms are for convenience only and don't affect their interpretation.
QUESTIONS. If you have questions, complaints, or claims about the Website, contact us at firstname.lastname@example.org. We'll address your concerns and invite you to let us know if you feel they haven't been fully addressed for further investigation.