Terms of Service

This page states the Terms of Service which apply to your use of GenXys Services, which include pharmacogenetic testing and medication decision support. Please read these Terms of Service carefully before using our Services.

Please read these Terms of Service (“TOS”) carefully before using the Services. This site and the Services offered through this site are for use by residents of Canada. The Services are provided by GenXys Health Care Systems Inc. (“GenXys”, “we” or “us”) with its main office located at the Department of Family Practice, The University of British Columbia, 320-5950 University, Vancouver, BC, Canada V6T 1Z3.

By accessing or using the Services, you indicate your understanding and acceptance of the conditions and limitations in this document, and you agree to be bound by these TOS. These TOS apply to all users and visitors who access or use the Services. If you do not agree to these TOS, then you may not use the Services.

The TOS that govern the use of GenXys’ website and online accounts are the ones in effect each time you access or use those Services. The TOS that govern the use of TreatGx software are the ones in effect at the time you register for the Service. The TOS that govern the collection and submitting of a sample for DNA extraction and processing are the ones in effect when you purchase your pharmacogenetic test.

You should not change your health behaviors solely on the basis of information you obtain from TreatGx or the pharmacogenetic report. Our pharmacogenetic test is not a diagnostic test, and TreatGx is not a prescribing system. You should discuss your Pharmacogenetic Information with a physician or other health care provider before you act upon the Pharmacogenetic Information resulting from the Services.

GenXys may modify these TOS from time to time without notice to you. A copy of the modified TOS will be made available to you on GenXys’ website and through the affected Services. Your use of, or access to, the Services after the date of any modifications constitutes your agreement to follow and be bound by the modified TOS.

1. Definitions

  • “Aggregated Pharmacogenetic Information and Bio-Physical Information” means Pharmacogenetic Information and Bio-Physical Information that has been stripped of individual name and contact information and aggregated with information from other users sufficient to minimize the possibility of exposing individual-level information while still providing evidence for scientific research.
  • “Collection Kit” means the package that will be sent to you after you place an order for a pharmacogenetic test and includes: a swab to self-collect cells from your mouth, detailed instructions and a pre-paid return label and packaging to return the swab to GenXys.
  • “Consent Form” means the document by which GenXys obtains your consent to participate in GenXys Research. The Consent Form describes how we will use and protect your data, the benefits and risks of participation in GenXys Research and how to withdraw from participation in GenXys Research.
  • “GenXys Trademarks” means all names, brands, logos, designs, slogans and other designations GenXys uses in connection with its Services, including “GenXys”, “myPGx”, “TreatGx” and all related logos and product and service names.
  • “GenXys Research” means scientific research conducted by GenXys with the intent to publish peer-reviewed scientific papers. GenXys Research only uses Pharmacogenetic Information and Bio-Physical Information from users who have given consent by way of a Consent Form. GenXys Research activities do not include internal GenXys R&D.
  • “myPGx” means GenXys’ proprietary pharmacogenetic test that identifies certain genetic variants in an individual that may affect how his or her body processes certain medications.
  • “Online Services” means GenXys’ website and any Services offered online, regardless if the use is in connection with an account or not, and “Online Service” means any one of the foregoing described in this paragraph.
  • “Personal Information” means information that is about an individual. GenXys collects and stores the following types of Personal Information:
    • “Bio-physical Information” – information about an individual, including age, sex at birth, weight, disease conditions, medications, other health-related information, ethnicity and other information that is (i) provided to GenXys by an individual or his or her healthcare professional, through the individual’s GenXys account, or (ii) obtained by GenXys from an individual’s electronic health record following that individual’s authorization for GenXys to receive that information.
    • “Ordering Information” means the information an individual supplies to GenXys when purchasing Services (e.g., your name, email, address, and payment information).
    • “Pharmacogenetic Information” means information regarding an individual’s genotype (e.g., the As, Ts, Cs and Gs at particular locations in his or her genome) generated through processing of his or her DNA sample by GenXys or by its contractors, successors and assigns, or otherwise processed by and/or contributed to GenXys.
  • “R&D” means research and development activities performed by GenXys on user samples and data. These activities may include but are not limited to performing quality control activities, improving the Services and/or offering new products or services and conducting data analysis that may lead to and/or include commercialization with a third party.
  • “Services” means GenXys’ products, software, services, social networking sites, and website, regardless if the use is in connection with an account or not, and “Service” means any one of the foregoing described in this paragraph.
  • “TreatGx” means GenXys’ proprietary medication decision support system that uses Bio-physical Information and/or Pharmacogenetic Information to generate Treatment Options.
  • “Treatment Options” means the prescriptions and medication options generated by TreatGx based on an individual’s Bio-physical Information and Pharmacogenetic Information.
  • “User Content” means all information, data, text, software, audio, photographs, graphics, video, messages or other materials, other than Pharmacogenetic Information and Bio-Physical Information, generated by users of the Services and transmitted, whether publicly or privately, to or through GenXys.

2. Acceptance of Terms

Your use of any Services (excluding any services provided by GenXys under a separate agreement) is subject to the terms of the legal agreement between you and GenXys set forth in these TOS. Except as specified herein, these TOS apply to any use of the Services, including but not limited to (a) submitting a sample for DNA extraction and processing, (b) uploading your Bio-physical Information and Pharmacogenetic Information and interacting with it on our website, and/or (c) creating and using a GenXys account without providing a sample or any Bio-physical Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept these TOS. You acknowledge and agree that GenXys will treat your use of the Services as acceptance of these TOS from that point onwards. You accept the TOS by using any of the Services. We may also ask that you accept these TOS by clicking to accept or agree to these TOS. In addition, when using particular GenXys Services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS. GenXys also may offer other services from time to time that are governed by different terms of service.

3. Prerequisites

To use or access the Services you must be at least 13 years of age or older. A parent or guardian may access the website and Services on behalf of his/her child. A parent or guardian may also assist his/her child in using the Collection Kit.

4. Description of the Services

The Services include access to the GenXys public website, medication decision support services and personal pharmacogenetic services, including the collection and analysis of your sample.

After placing your order on the GenXys website and accepting these TOS you will receive a Collection Kit and detailed instructions by mail. If you have any reason to believe you have an active infectious disease, condition or disorder, then you must wait to use the Collection Kit for at least two weeks after the disease, condition or disorder is no longer infectious. You must submit your sample by mail to GenXys within two weeks of using the Collection Kit.

GenXys is not responsible for: the loss of your sample during shipping or for your sample being sent to the wrong address, for shipping delays of the Collection Kit or for the breakage of the Collection Kit during shipping.

The turnaround time for processing your sample is 2 weeks once the lab receives your Collection Kit. After your sample is processed, a report will be sent to your GenXys account and/or physician, and your results will be uploaded into TreatGx.

We may not be able to process your sample if it does not contain a sufficient volume of DNA, if you do not provide enough cells as part of your sample, or if the results from processing your sample do not meet our standards for accuracy. If the initial processing fails for any of these reasons, then we will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, then we will offer to send you another Collection Kit to collect a second sample at no additional charge. If you notify us that you decline this offer, then we will provide you with a refund of your testing fee, less an amount to cover our costs of shipping and handling the first test sample. Your right to a refund is your sole and exclusive remedy for any claim that you may have regarding our failure or inability to process your sample. If you request a refund and submit another sample through a future purchase of Services, we will not offer to reprocess the sample or a refund in case of processing failure.

If you opt to receive a second Collection Kit and our attempts to process the second sample are unsuccessful, then we will not send additional Collection Kits and will refund your testing fee, less an amount to cover our costs of shipping and handling the test samples. Your right to a refund is your sole and exclusive remedy for any claim that you may have regarding our failure or inability to process your samples.

We endeavor to use high quality standards of sample processing. However, in our experience, a small, unknown fraction of the data generated during processing may be uninterpretable or incorrect. As this possibility is known in advance of you providing a sample, you are not entitled to a refund if these errors occur. Your sample might be processed and analyzed by third-party laboratories on behalf of GenXys.

In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.

5. Risks and Considerations

You should not change your health behaviors solely on the basis of information obtained from TreatGx. myPGx is not a diagnostic test, and TreatGx is not a prescribing system. You should discuss your Pharmacogenetic Information with a physician or other health care provider before you act upon any results obtained from using the Services. Any decision about your medication(s) and healthcare should be made in consultation with a qualified healthcare professional.

Predicted phenotype and allele functionality may change depending upon the emergence of new literature, industry standards and guidelines. myPGx includes testing for genetic variants that appear in at least 1% of a population, also known as genetic polymorphisms involved in many drug metabolic pathways. The myPGx test does not detect all possible genetic variations and you could possess clinically relevant pharmacogenetic variations that the test is not designed to identify. TreatGx is reliant upon the accurate entry of Bio-physical Information, which may include laboratory results and data held within a health record.

GenXys does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, test, physician or other health care, medication, drug, biologic, medical or other product, procedure, opinion or other information that may be mentioned or referenced on our website. If GenXys provides any suggestions for your care based on your Pharmacogenetic Information, Bio-physical Information, and potentially actionable information and scientific literature or research, then this information is provided for informational purposes only and for discussion with your physician or other healthcare provider.

GenXys endeavours to make its Online Services available on a consistent basis. However, GenXys does not make any representation, warranty, condition or guarantee that any or all of the Online Services will be available at any particular time, or at all.

Your relationship with GenXys is commercial. You are a licensee of the Services. You understand and agree that GenXys is engaged in a commercial enterprise. GenXys is not a regulated health services provider. GenXys does not assume any fiduciary or similar obligations to you as a result of you using the Services. GenXys is not a trustee of your Pharmacogenetic Information or other Personal Information.

As a result of the current state of pharmacogenetic knowledge and understanding, our Services are for research, informational and educational use only. We do not provide medical advice. The Pharmacogenetic Information provided by GenXys is for research, informational and educational use only. The testing technology we use is the same technology used by the general research community. To date this technology has not been widely used for clinical testing. In order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all GenXys users to participate in GenXys Research. Participation in such research is entirely voluntary and based upon an institutional review of your Consent Form. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions that you may have regarding diagnosis, cure, treatment, mitigation or prevention of any disease or other medical condition or impairment or the status of your health.

6. Ownership of User Content

You retain full ownership to your User Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any or all of your User Content in connection with providing the Services to you and other users in accordance with your settings on the Services, as well as for the other purposes set forth in this TOS and the GenXys Privacy Policy. In connection with providing the Services, we may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media. You license in this paragraph also extends to trusted third parties we work with to provide the Services.

The cells from your sample will be used only for the myPGx test, and any portion of your sample that is not consumed during this test will be disposed after the minimum sample retention period recommended from time to time by the College of American Pathologists (CAP).

Your Pharmacogenetic Information will be reported only to you through your GenXys account(s), and to your physician, if requested by you. Your Pharmacogenetic Information will not knowingly be released to anyone else except those who, by law, may have access to such data.

We may use some of your Pharmacogenetic Information and/or Bio-physical Information for R&D. This may include disclosing Aggregated Pharmacogenetic Information and Bio-physical Information to third-party research partners.

7. Your Representations to GenXys

By accessing any of our Services, you agree to, acknowledge and represent as follows:

  • The information you learn from GenXys 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. Our Services are intended for research, informational and educational purposes only, and while GenXys information might point to a possible treatment, that information should always be confirmed and supplemented by additional medical and clinical testing and information. GenXys urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Pharmacogenetic Information.
  • You give permission to GenXys, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your sample and you specifically request GenXys to disclose the results of analyses performed on your sample to you and to others you specifically authorize.
  • You are resident in Canada and that you are of the age of majority or older in your province or territory of residence if you are providing a sample or accessing your Pharmacogenetic Information.
  • Any sample you provide is your sample or, if you are submitting a sample for another person, you have legal authorization to do so and that the sample is of that other person;
  • You are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
  • You take responsibility for all possible consequences resulting from your sharing access to your Pharmacogenetic Information and your Bio-physical Information with anyone else.
  • You understand that all your Personal Information will be stored in GenXys databases and will be processed in accordance with the GenXys Privacy Policy.
  • By providing any sample, having your Pharmacogenetic Information processed, accessing your Pharmacogenetic Information or providing Bio-physical Information, you acquire no rights in any research or commercial products that may be developed by GenXys or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Pharmacogenetic Information or Bio-physical Information.

In case of breach of any one of these representations and warranties, GenXys has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs or damages, including attorney fees, arising out of such breach.

8. Account Creation, Password and Security Obligations

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete registration information about yourself as prompted by the Service; and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete, or if GenXys reasonably suspects that any such information is untrue, inaccurate, not current or incomplete, then GenXys has the right to suspend or terminate your account and suspend any and all current or future use of the Service (or any portion thereof). The Services are for use only in Canada.

When you purchase our Services, you must create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using your password or account. If you allow third parties to access your account, then you agree to defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs and 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 (a) immediately notify GenXys of any unauthorized use of your password or account or any other breach of security of which you have knowledge, and (b) ensure that you exit from your account at the end of each session. GenXys is not liable for any loss or damage arising from your failure to comply with the requirements of this Section.

9. Closing Your Account

If you no longer wish to use our Services, you should close your GenXys account(s) by sending a request to info@genxys.com. We will remove all your Personal Information within 30 days of our receipt of your request to close your account(s). GenXys Laboratory may keep your Pharmacogenetic Information for the minimum report retention period recommended from time to time by the College of American Pathologists (CAP).

We may retain portions of your Ordering Information as needed to provide you Services as well as for accounting, audit and compliance purposes.

As stated in your Consent Form, Pharmacogenetic Information and/or Bio-Physical Information that you provided to us before you request that your account(s) be closed and for which you have given consent to use in GenXys Research cannot be removed from ongoing or completed studies that use that information.

While we implement procedures to protect the confidentiality and security of your information, we make no representation, warranty, condition or guarantee regarding the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.

10. GenXys Privacy Statement and Disclosure of Information

Our Privacy Policy sets forth the only expectations of privacy any individual should have in terms of using our Services, website, or other systems. Before you can use any of our Services, you must agree to the terms of our Privacy Policy. You cannot use the Services if you do not agree to the terms of our Privacy Policy. You can acknowledge and agree to our Privacy Policy by using the Services.
By accepting the Privacy Policy you acknowledge and agree that GenXys has the right to monitor use of its Services.

11. Grant of Limited License by GenXys

You agree that you, and not GenXys, are solely responsible for all of your User Content, whether publicly posted or privately transmitted, and whether uploaded, posted, emailed or otherwise transmitted using or in connection with any Services.

The Services content presented to you as part of the Services, whether original GenXys Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by GenXys and/or the sponsors or other third parties who provide that content to GenXys (or by other persons or companies on their behalf). GenXys grants you a non-exclusive, non-transferable, limited license (“Limited License”) to copy and distribute free of charge, for non-commercial purposes only, any Services content with the exception of any content marked as not subject to this Limited License on our website, provided that you: (a) provide the Services content as it appears on our website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (b) include the following attribution on the first page of any materials you distribute: “GenXys Health Care Systems Inc. All rights reserved; distributed pursuant to a Limited License from GenXys” and (c) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you have no right to modify, rent, lease, loan, sell, distribute or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by GenXys or by the owners of that content, in a separate agreement.

We can terminate the Limited License at any time for any reason, or for no reason, without any liability to you.

12. Unlawful and Prohibited Uses of the Services

As a condition of your use of the Services, you warrant to GenXys that you will not use the Services for any purpose that is unlawful or prohibited by these TOS. You must not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may use the Services only in Canada.
Furthermore, you must not use the Services to:

  • upload, post, email or otherwise transmit any material that is derogatory, defamatory, obscene or offensive, such as slurs, epithets or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs or other status protected by law;
  • impersonate any person or entity, including, but not limited to, anyone affiliated with GenXys, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • “stalk” or otherwise harass anyone;
  • upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • use any information received through the Services to attempt to identify other customers, to contact other customers or for any forensic use;
  • download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
  • upload, post, email or otherwise transmit any content that infringes any GenXys Trademark or any patent, trademark, trade secret, copyright or other proprietary rights of any other party;
  • harm minors in any way;
  • advertise or offer to sell or buy any goods or services for any business purpose;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use manual or automated software, devices, scripts robots or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the GenXys website;
  • engage in “framing”, “mirroring” or otherwise simulating the appearance or function of the GenXys website;
  • attempt to or actually override any security component of the Services;
  • interfere with or disrupt the Service or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • violate these TOS, any code of conduct or other guidelines that may be applicable for any particular area of the Services or that have been communicated to you by anyone affiliated with GenXys; or
  • intentionally or unintentionally violate any applicable law or regulations.

You acknowledge and agree that you are solely responsible for (and that GenXys has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage that GenXys may suffer) of any such breach. If you breach these TOS, then GenXys has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify GenXys, its affiliates and its and their respective directors, officers, employees, agents and research partners from and against any and all liability, costs and damages, including attorney fees, arising out of your breach of the restrictions and prohibitions in this Section.

13. GenXys’ Proprietary Rights

You acknowledge and agree that GenXys (or its licensors, as applicable) own all right, title and interest in and to the Services, including all intellectual property rights (including but not limited to patents) that subsist in the Services (whether or not those rights happen to be registered, and wherever in the world those rights may exist). You further acknowledge and agree that the Services may contain information that is designated confidential by GenXys and that you will not disclose such information without GenXys’ prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GenXys, you agree not to-and not to permit anyone else to modify, rent, lease, loan, sell, distribute or create derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of GenXys and/or its licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of that License Agreement.

You acknowledge that the GenXys Trademarks are owned by GenXys. Unless you have agreed otherwise in writing with GenXys, nothing in these TOS gives you a right to use any GenXys Trademarks and you agree not to display or use any of the GenXys Trademarks in any manner.

You must not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

In using the Services, you must not use any GenXys Trademark or any trade mark, 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.

For any Software not accompanied by a License Agreement, GenXys grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer. You have no right (and must not allow any third party) to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GenXys in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GenXys, in the manner permitted by these TOS. Unless GenXys has given you specific written permission to do so, you have no right to assign (or to grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Services. You must not access the Service by any means other than through the interface that is provided by GenXys for use in accessing the Services. Any rights not expressly granted in these TOS are expressly reserved by GenXys.

14. Exclusion of Warranties

Though we want to provide a great service, there are certain things about the Services that we cannot promise. Accordingly, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK AND WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY IMPLIED WARRANTIES RELATING TO THE SERVICES OR ANY SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GenXys will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions do not allow the types of disclaimers in this paragraph, and so they may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GENXYS OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, RESEARCH PARTNERS OR LICENSORS, BE LIABLE FOR (a) ANY DAMAGES FOR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, OR (b) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, IN ALL CASES REGARDLESS OF ANY LEGAL THEORY, WHETHER OR NOT GENXYS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WITH THE AGGREGATE LIABILITY OF GENXYS FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TOS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT OF ANY TESTING FEES ACTUALLY PAID BY YOU, LESS ANY PRIOR REFUND GIVEN BY GENXYS . Some jurisdictions do not allow the types of limitations in this paragraph, and so they may not apply to you.

The Service is controlled and operated from GenXys’ facilities in Canada. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use any Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You must not use the Services if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.

These TOS and any rights and licenses granted hereunder cannot be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

In the unlikely event that GenXys has not been able to resolve a dispute it has with you after attempting to do so informally, you agree to resolve any claim, dispute or controversy (excluding any GenXys claims for injunctive or other equitable relief) arising out of or in connection with or relating to these TOS, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration governed by the Commercial Arbitration Act (British Columbia) (the “Act”), except that the provisions of this Section will prevail over the terms of the Act where permitted. The location of the arbitration will be Vancouver, Canada. The parties will share equally in the fees and expenses of the arbitrators and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use their best commercial efforts to ensure that the arbitration hearing is conducted no later than 30 days after the arbitrator has been selected. The arbitrator must decide the dispute in accordance with the substantive law that would govern the dispute if it were litigated in court. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent GenXys from seeking injunctive or other equitable relief from the courts as necessary to protect any of proprietary interests of GenXys or its licensors. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICES, YOU AND GENXYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the Service is based in British Columbia, Canada and that these TOS are governed by the internal substantive laws of the Province of British Columbia and the laws of Canada applicable therein, without respect to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods, and all implementing legislation, is expressly excluded.

These TOS, together with our Privacy Policy and any amendments hereto and thereto and any additional agreements you may enter into with GenXys in connection with any Services, will constitute the entire agreement between you and GenXys concerning the Services. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any provisions of these TOS will be deemed a further or continuing waiver of such term or any other term, and GenXys’ failure to assert any right or provision under these TOS will not constitute a waiver of such right or provision. We may provide notifications, whether these are required by law of are for marketing or other business related purposes, to you via email notice, hard copy notice or through posting of such notice on our website, as determined by us in our sole discretion.

Please contact us at the Department of Family Practice, The University of British Columbia, 320-5950 University, Vancouver, BC, Canada V6T 1Z3, or by email at info@genxys.com with any questions regarding these TOS.