Terms of Service <strong>
</strong>
<p>
Last Updated: July 9, 2020.
</p> Definitions <strong>
</strong>
<ul>
<li>
<strong>"23andMe"</strong> or
<strong>"we"</strong>,<strong>"us"</strong> or <strong>"our"</strong> means
23andMe, Inc., whose principal place of business is at 223 N.
Mathilda Ave., Sunnyvale, CA 94086, United States of America.
</li>
<li>
<strong>"23andMe Research"</strong>
means scientific research that 23andMe performs with the intent to publish
in a peer-reviewed scientific journal.
23andWe Research only uses Genetic and
Self-Reported Information from users who have given consent according to the
applicable Consent Document.
23andWe Research activities do not include R&D.
</li>
<li>
<strong>"R&D"</strong> means research
and development activities performed by 23andMe on user data.
These activities
may include, among other things, improving our Services and/or offering new
products or services to you.
performing quality control activities.
conducting
data analysis that may lead to and/or include commercialization with a third party.
</li>
<li>
<strong>"Service"</strong> or
<strong>"Services"</strong> means 23andMe's products, software, services,
and Website (including but not limited to text, graphics, images, and other
material and information) as accessed from time to time by the user, regardless
if the use is in connection with an account or not.
</li>
<li>
<strong>"Personal Information"</strong>
is information that can be used to identify you, either alone or in combination
with other information.
23andMe collects and stores the following types of
Personal Information:
<ul>
<li>
<strong>"Registration
Information"</strong> is the information you provide about
yourself when registering for and/or purchasing our Services (e.g.
name, email, address, user ID and password, and payment information).
</li>
<li>
<strong>"Genetic
Information"</strong> is information regarding your genotype
(e.g.
the As, Ts, Cs, and Gs at particular locations in your genome),
generated through the processing of your saliva by 23andMe or by its
contractors, successors, and assignees.
or otherwise processed by
and/or contributed to 23andMe.
</li>
<li>
<strong>"Self-Reported
Information"</strong> is all information about yourself,
including your disease conditions, other health-related information,
personal traits, ethnicity, family history, and other information that
you enter into surveys, forms, or features while signed in to your
23andMe account.
Self-Reported Information is included in 23andWe
Research only if it has been indicated for 23andWe Research use on
the Website and if you have given consent as described in the applicable
Consent Document.
</li>
<li>
<strong>"User Content"</strong>
is all information, data, text, software, music, audio, photographs,
graphics, video, messages, or other materials—other than Genetic
Information and Self-Reported Information—generated by users of 23andMe
Services and transmitted, whether publicly or privately, to or
through 23andMe.
</li>
<li>
<strong>"Web Behavior
Information"</strong> is information on how you use the 23andMe
website (e.g.
browser type, domains, page views) collected through log
files, cookies, and web beacon technology.
</li>
</ul>
</li>
<li>
<strong>"Aggregated Genetic and Self-Reported Information"</strong> is
Genetic and Self-Reported Information that has been stripped of Registration
Information and combined with data from a number of other users sufficient to
minimize the possibility of exposing individual-level information while still
providing scientific evidence.
</li>
<li>
<strong>"Website"</strong> means www.23andMe.com/en-eu and
www.23andMe.co.uk.
</li>
</ul> Information About Us <strong>
</strong>
<p>
The Service is operated by 23andMe.
We are incorporated in Delaware and our
principal place of business is at 223 N.
Mathilda Ave., Sunnyvale, CA 94086,
United States of America.
</p> Acceptance of Terms <strong>
</strong>
<ul>
<li>
You agree to use 23andMe's Services (excluding any services provided by
23andMe under a separate agreement) in accordance with these Terms of Service
("<strong>TOS</strong>").
These TOS apply to users based in the United Kingdom,
Ireland, Denmark, Finland, the Netherlands, and Sweden.
23andMe also may offer
other services from time to time that are governed by different terms of service.
</li>
<li>
Except as specified herein, these TOS apply to any use of the Services,
including but not limited to:
<ul>
<li>
submitting a saliva sample for DNA extraction and processing.
</li>
<li>
uploading a digital version of your Genetic Information and
interacting with it on the Website.
and/or
</li>
<li>
creating and using a free 23andMe account without providing your
saliva sample or Genetic Information.
</li>
</ul>
</li>
<li>
By using the Service, you agree to these TOS.
You may not use the Services
if you do not accept these TOS.
</li>
<li>
Where this option is made available to you by 23andMe for any Service, you
can also accept the TOS by clicking accept or agree to the TOS.
</li>
<li>
When using particular elements of 23andMe's Services, you may be subject to
additional guidelines or rules applicable to such Services and such guidelines
or rules will be made available to you through such Service from time to time.
These guidelines or rules form part of the TOS.
</li>
</ul> Eligibility <strong>
</strong>
<ul>
<li>You may not use the Services and may not accept the TOS if:
<ul>
<li>
you are not of legal age to form a binding contract with 23andMe.
or
</li>
<li>
you are a person barred from receiving the Services under the laws of
the country in which you are resident or from which you use the Services.
</li>
</ul>
</li>
<li>
You may not use the Services if you are, unless authorised by 23andMe,
using the Services for a business or commercial purpose, or any purpose
other than personal use.
</li>
<li>
In addition to the conditions above, if you contribute or otherwise provide
your own Genetic Information, you must be eighteen (18) years of age or older
to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
</li>
<li>
If your use of the Services includes creating a 23andMe account, without
submitting a saliva sample or otherwise providing Genetic Information, you
must be thirteen (13) years of age or older to use the Services and accept
the TOS.
</li>
</ul> Ordering the Service <strong>
</strong>
<ul>
<li>
You can place orders for the Service with 23andMe by following the process
outlined on our Website.
You acknowledge that by placing an order with us you
will be under an obligation to pay for the Service in that order.
</li>
<li>
The 23andMe order process allows you to check and amend any errors before
submitting your order to us.
Please take the time to read and check your
order at each stage of the order process.
</li>
<li>
All orders are subject to acceptance by 23andMe.
We will send you an email
to confirm acceptance.
The contract between you and us will only be made when
we send you this email to confirm acceptance.
23andMe will charge your chosen
payment method after we accept your order.
</li>
<li>
If you change your mind about your order, you can cancel your order in
accordance with our UK Refunds Policy or our EU Refunds Policy.
</li>
<li>
You must keep the contact details we hold for you up-to-date so that we can
contact you if necessary about your order.
</li>
</ul> Payment <strong>
</strong>
<ul>
<li>
The price of the Service will be as quoted on our Website.
</li>
<li>
The price of the Service may change from time to time, but changes will not
affect any order 23andMe have accepted.
</li>
<li>
The price of the Service excludes delivery costs, which will be added to the
total amount due.
We offer standard and express delivery and you can see the
relevant delivery charges for the sample collection kit on the shipping page
of our order process.
</li>
<li>
23andMe accept payment with the payment methods listed on our Website.
You
must pay for the Service and any applicable delivery charges in advance.
</li>
<li>
By submitting an order through our Website, you are confirming that the payment details provided on your order are valid and correct.
</li>
</ul> Tracking Your Order <strong>
</strong>
<ul>
<li>
Your 23andMe profile homepage displays the ongoing status of your order from
to the time you register your 23andMe Personal Genome Service kit until you
receive your results.
See https://www.23andMe.com/you.
</li>
<li>
You can find out more information here about our typical timeframes for
providing the Service and tracking your order:
<ul>
<li>
UK Tracking
</li>
<li>
EU Tracking
</li>
</ul>
</li>
<li>
Please note that we only deliver sample collection kits to addresses in the
United Kingdom and Ireland.
</li>
<li>
Your estimated delivery date for your sample collection kits will be as set
out in the email confirmation following your order.
</li>
<li>
Although we will make every reasonable effort to ensure your sample kit and
the results are delivered within the estimated timescales, unfortunately we
cannot guarantee that they will not be affected by unforeseen issues affecting
the Services or our delivery partner.
For example, the laboratory may not be
able to process your sample if your saliva does not contain a sufficient
volume of DNA.
</li>
<li>
Your order will be completed when we make your results available to you.
</li>
<li>
If you have trouble finding out the status of your order or tracking its
progress, please review our UK customer care area or our EU customer care area.
</li>
</ul> Cancellation and Refunds <strong>
</strong>
<ul>
<li>
You have a legal right to cancel the contract between you and 23andMe within
14 days after the date on which you receive the order confirmation email (
when 23andMe accepts your order).
You can find more information about how
to cancel an order in our UK Refunds Policy or EU Refunds Policy.
</li>
<li>
In addition, you may have additional rights to a refund as set out in our UK Refunds Policy or
EU Refunds Policy.
</li>
</ul> Description of the Services <strong>
</strong>
<ul>
<li>
The Services include access to the 23andMe public Website and personal
genotyping services, including the collection and analysis of your saliva sample.
</li>
<li>
You acknowledge and agree that the Services are provided using the current
state of the art genetic research and technology available at the time of
providing the Services.
</li>
<li>
As research progresses and scientific knowledge and technology evolve, 23andMe
is constantly innovating in order to provide the best possible experience for
its users.
You therefore acknowledge and agree that the form and nature of
the Services which 23andMe provides may change from time to time.
</li>
<li>
As part of this continuing innovation, you acknowledge and agree that 23andMe
may stop (permanently or temporarily) providing some Services (or any features
within the Services) to you or to users generally at 23andMe's sole discretion.
</li>
<li>
You may stop using the Services at any time.
You do not need to specifically
inform 23andMe when you stop using the Services unless you are requesting
closure of your account.
</li>
<li>
23andMe assumes no responsibility for the use of Services outside the terms
of this TOS or other applicable terms.
</li>
<li>
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.
</li>
<li>
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.
You acknowledge and agree that while 23andMe
may not currently have set a fixed upper limit on the number of transmissions
you may send or receive through the Services or on the amount of storage
space used for the provision of any Service, such fixed upper limits may be
set by 23andMe at any time, at 23andMe's discretion.
</li>
</ul> Important Issues Regarding 23andMe Services <strong>
</strong>
<ul>
<li>
<strong>Once you obtain your Genetic Information, the knowledge is permanent.
</strong> You should not assume that any information we may be able to provide
to you, whether now or as genetic research advances, will be welcome or positive.
You should also understand that as research advances, in order for you to
assess the meaning of your DNA in the context of such advances, you may need
to obtain further services from 23andMe or from your physician or other health
care provider.
</li>
<li>
<strong>You may learn information about yourself that you do not anticipate.
</strong> This information may evoke strong emotions and has the potential to
alter your life and worldview.
You may discover things about yourself that
trouble you and that you may not have the ability to control or change (e.g.,
your father is not genetically your father, surprising facts related to your
ancestry, or that someone with your genotype may have a higher than average
chance of developing a specific condition or disease).
These outcomes could
have social, legal or economic implications.
</li>
<li>
<strong>The laboratory may not be able to process your sample, and the
laboratory process may result in errors.</strong> The laboratory may not be
able to process your sample if your saliva does not contain a sufficient volume
of DNA, you do not provide enough saliva, or the results from processing do
not meet our standards for accuracy.
If the initial processing fails for any
of these reasons, 23andMe will reprocess the same sample at no charge to you. .
If the second attempt to process the same sample fails, 23andMe will offer to
send another kit to you to collect a second sample at no charge.
If you send another sample and 23andMe's attempts to process the
second sample are unsuccessful, 23andMe will not send additional sample
collection kits and you or the person who paid for the Service (if that is
not you) will be entitled to a complete refund of the amount paid to 23andMe.
</li>
<li>
In this event, you will not resubmit another sample through a future purchase
of the service.
If you breach these TOS and resubmit another sample through
a future purchase of the service and processing is not successful, 23andMe
will not offer to reprocess the sample or provide you or the person who paid
for the Service (if that is not you) a refund.
</li>
<li>
Even for processing that meets our high standards, a small, unknown fraction
of the data generated during the laboratory process may be un-interpretable
or incorrect (referred to as "Errors"). .
As this possibility is known in advance,
users are not entitled to refunds or entitled to make any other claims where
these Errors occur.
</li>
<li>
The above sets out our sole responsibility to you in the event that we are
unable to process your sample.
</li>
<li>
<strong>You should not change your health behaviors solely on the basis of
information from 23andMe.</strong> Make sure to discuss your Genetic
Information with a physician or other health care provider before you act
upon the Genetic Information resulting from 23andMe Services.
For most common
diseases, the genes we know about are only responsible for a small fraction
of the risk.
There may be unknown genes, environmental factors, or lifestyle
choices that are far more important predictors.
</li>
<li>
If your data indicates that you are not at elevated genetic risk for a
particular disease or condition, you should not feel that you are protected.
The opposite is also true.
if your data indicates you are at an elevated genetic
risk for a particular disease or condition, it does not mean you will definitively
develop the disease or condition.
In either case, if you have concerns or
questions about what you learn through 23andMe, you should contact your
physician or other health care provider.
</li>
<li>
<strong>Genetic research is not comprehensive.</strong> While we measure many
hundreds of thousands of data points from your DNA, only a small percentage
of them are known to be related to human traits or health conditions.
The
research community is rapidly learning more about genetics, and an important
mission of 23andMe is to conduct and contribute to this research.
</li>
<li>
Please note that many ethnic groups are not included in genetic studies.
Because interpretations provided in the Services rely on these published
studies, some interpretations may not apply to you.
</li>
<li>
Please further note that future scientific research may change the interpretation
of your DNA and the scientific community may show previous research to be
incomplete or inaccurate.
</li>
<li>
<strong>Genetic Information you share with others could be used against your
interests.</strong> You should be careful about sharing your Genetic
Information with others.
Currently, very few businesses or insurance companies
request genetic information, but this could change in the future.
</li>
<li>
You may want to consult a lawyer to understand the extent of legal protection
of your Genetic Information before you share it with anybody.
</li>
<li>
Furthermore, Genetic Information that you choose to share with your physician
or other health care provider may become part of your medical record and
through that route be accessible to other health care providers and/or
insurance companies in the future.
</li>
<li>
You acknowledge that Genetic Information that you share with family, friends
or employers may be used against your interests.
Even if you share Genetic
Information that has no or limited meaning today, that information could have
greater meaning in the future as technology improves and new discoveries are made.
</li>
<li>
You should be aware that, if you are asked by an insurance company whether
you have learned Genetic Information about health conditions and you do not
disclose this to them, this may be considered to be fraud or a breach of the
policy that you subsequently purchase.
</li>
<li>
<strong>23andMe Services are for research, informational, and educational
use only.</strong> We do not provide medical advice.
</li>
<li>
<strong>The Genetic Information provided by 23andMe is for research,
informational, and educational use only.</strong> This means two things.
First, many of the genetic discoveries that we report have not been clinically
validated, and the technology we use, which is the same technology used by the
research community, to date has not been widely used for clinical testing.
Second, in order to expand and accelerate the understanding and practical
application of genetic knowledge in health care, we invite all genotyped users
to participate in 23andWe Research.
Participation in such research is voluntary
and based upon an IRB-approved consent document.
</li>
<li>
As a result of the current state of genetic knowledge and understanding, our
Services are for research, informational, and educational purposes only.
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 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.
</li>
<li>
23andMe does not endorse, promise or guarantee the effectiveness of any
specific course of action, resources, tests, physician or other health care
providers, drugs, biologics, medical devices or other products, procedures,
opinions or other information that may be mentioned on our Website or available
through our Service.
</li>
<li>
If we provide to you through our Service any information that identify for you,
based on your Genetic and Self-Reported Information and scientific literature
or research, concerns about your health, this information is intended for
informational purposes only and for discussion with your physician or other
healthcare provider.
</li>
<li>
We believe that:
<ul>
<li>
genetics is only part of the picture of any individual's state of being.
</li>
<li>
the state of the understanding of Genetic Information is rapidly
evolving and at any given time we only comprehend part of the picture
of the role of genetics.
and
</li>
<li>
only a trained physician or other health care provider can assess
your current state of health or disease, taking into account many
factors, including in some cases your genetics as well as your current
symptoms, if any.
</li>
</ul>
</li>
<li>
You should not take any decisions about your health or life based on the
information you receive through the Service and, if you do, you do so entirely
at your own risk.
</li>
<li>
We are licensed in California as a clinical laboratory and do not require a
license to provide our Services in the United Kingdom, Ireland, Denmark,
Finland, the Netherlands, and Sweden.
</li>
</ul> Your Promises <strong>
</strong>
<ul>
<li>By accessing 23andMe Services, you agree to, acknowledge, and promise as
follows:
<ul>
<li>
You understand that information you learn from 23andMe is not designed
to diagnose, prevent, or treat any condition or disease or to ascertain
the state of your health in the absence of medical and clinical information.
</li>
<li>
You understand that the 23andMe Services are intended for research,
informational, and educational purposes only, and that while 23andMe
information may identify possible diagnosis or treatments, you should
not take any decisions about your health based on the information you
receive through the Service and you are strongly advised to seek the
advice of your doctor or other health care provider if you have questions
or concerns arising from your Genetic Information.
</li>
<li>
You give permission to 23andMe, its contractors, successors and
assignees to perform genotyping services on the DNA extracted from
your saliva sample and you specifically request 23andMe to disclose
the results of analyses performed on your DNA to you and to others
you specifically authorize.
</li>
<li>
You promise that you are at least eighteen (18) years of age if you
are providing a saliva sample or accessing your Genetic Information.
</li>
<li>
You are promising that any sample you provide is your saliva.
if you
are agreeing to these TOS on behalf of a person for whom you have
legal responsibility, you are confirming that the sample provided will
be the sample of that person.
</li>
<li>
You agree that any saliva sample you provide and all resulting data
may be transferred and/or processed outside the country in which you
reside.
</li>
<li>
You are promising that you are not an insurance company or an employer
attempting to obtain information about an insured person or an employee.
</li>
<li>
You are aware that some of the information you receive may provoke
strong emotion.
</li>
<li>
You take responsibility for all possible consequences resulting from
your sharing with others access to your Genetic Information and your
Self-Reported Information.
</li>
<li>
You understand that all your Personal Information will be stored in 23andMe databases
and will be processed in accordance with the 23andMe
Privacy Statement.
</li>
</ul>
</li>
<li>
You understand that by providing any sample, having your Genetic Information
processed, accessing your Genetic Information, or providing Self-Reported
Information, you acquire no rights in any research or commercial products that
may be developed by 23andMe 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 Genetic Information or Self-Reported
Information.
</li>
<li>
<strong>You agree that you have the authority, under the laws of the country
in which you reside, to provide these promises.
In case of breach of any
one of these promises 23andMe may suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion thereof)
and you will reimburse 23andMe and its affiliates against any liability, costs,
or damages suffered by 23andMe and its affiliates arising out of the breach of
the promises.</strong>
</li>
</ul> Account Creation, Customer Account, Password and Security Obligations <strong>
</strong>
<ul>
<li>You agree to:
<ul>
<li>
provide true, accurate, current, and complete Registration Information
about yourself as prompted by the Service.
and
</li>
<li>
maintain and promptly update the Registration Information to keep it
true, accurate, current, and complete.
</li>
</ul>
</li>
<li>
If you provide any Registration Information that is untrue, inaccurate, not
current, or incomplete, or if 23andMe has a reasonable ground to suspect that
such information is untrue, inaccurate, not current, or incomplete, 23andMe
may suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion of it).
</li>
<li>
After you have purchased our Service, you will need to create a password and
account designation to access the Service.
</li>
<li>
You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
password or account.
If you allow third parties to access the Service through
your username and password, you will reimburse 23andMe and its affiliates
against any liability, costs, or damages, including attorney fees, arising
out of claims or suits by such third parties based upon or relating to such
access and use.
</li>
<li>
You agree to:
<ul>
<li>
immediately notify 23andMe of any unauthorized use of your password
or account or any other breach of security.
and
</li>
<li>
ensure that you exit from your account at the end of each session.
</li>
</ul>
</li>
<li>
23andMe cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
</li>
</ul> 23andMe Privacy Statement and Disclosure of Information <strong>
</strong>
<ul>
<li>
Your privacy is important to us.
You should read our
Privacy Statement which
sets out how we collect, use and share information about you.
</li>
</ul> Limited License <strong>
</strong>
<ul>
<li>
You acknowledge that all User Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such User
Content originated.
This means that you, and not 23andMe, are entirely
responsible for all User Content that you upload, post, email, or otherwise
transmit via the Service.
</li>
<li>
You acknowledge that the Services content excluding the User Content
("<strong>Services Content</strong>") presented to you as part of the Services,
is protected by copyright and/or other intellectual property rights that are
owned by 23andMe and/or the licensors who provide that content to 23andMe
(or by other persons or companies on their behalf).
</li>
<li>
23andMe grants you a Limited License to copy and use and distribute free of
charge, for non-commercial purposes only, any of the Services Content with
the exception of content from "MD's Perspectives" in the "For the Experts"
section of the Website and any other content marked as not subject to this
Limited License on the Website, provided you:
<ul>
<li>
provide the Services Content as it appears on the 23andMe Website
with no changes including but not limited to presenting selections
which might tend to misrepresent the substance of the Services Content.
</li>
<li>
include the following attribution on the first page of any materials
you distribute: © 23andMe, Inc.
2007-2016 All rights reserved.
distributed pursuant to a Limited License from 23andMe.
</li>
<li>
agree you have no right to offer anyone else any further right with
respect to this Services content.
</li>
</ul>
</li>
<li>
Aside from the Limited License provided in this Section, you may not 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 23andMe or by the owners of that content, in a
separate agreement.
</li>
</ul> Customer Conduct – Unlawful and Prohibited Use <strong>
</strong>
<ul>
<li>You must not use the Services:
<ul>
<li>
for any purpose that is unlawful or prohibited by these TOS or any notices
displayed on our Website.
</li>
<li>
outside of the United Kingdom, Ireland, Denmark, Finland, the Netherlands,
and Sweden.
</li>
<li>
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.
</li>
<li> to obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Services.
</li>
<li>
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 statutorily protected status.
</li>
<li>
to impersonate any person or entity, including, but not limited to, anyone
affiliated with 23andMe, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
</li>
<li>
to add your own headers, forge headers, or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted through the Service.
</li>
<li>
to "stalk" or otherwise harass another.
</li>
<li>
to 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).
</li>
<li>
to use any information received through the Services to attempt to identify
other customers, to contact other customers (other than through features for
contacting other users such as DNA Relatives offered pursuant to the Services),
or for any forensic use.
</li>
<li>
to download any file posted by another user of the Service that you know, or
reasonably should know, cannot legally be distributed in such manner.
</li>
<li>
to upload, post, email or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright, or other proprietary rights of
23andMe or any other party.
</li>
<li>
to harm minors in any way.
</li>
<li>
to advertise or offer to sell or buy any goods or services for any business
purpose, unless such area specifically allows such messages.
</li>
<li>
to 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, except in those areas
that are designated for such purpose and only to the extent such content is
authorized by law.
</li>
<li>
to 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.
</li>
<li>
to use manual or automated software, devices, scripts robots, other means or
processes to access, "scrape," "crawl" or "spider" any web pages or other
services contained in the Website, unless explicitly permitted by 23andMe.
</li>
<li>
to engage in "framing," "mirroring," or otherwise simulating the appearance
or function of 23andMe's Website.
</li>
<li>
to attempt to or actually override any security component of 23andMe web
services.
</li>
<li>
to interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Service.
</li>
<li>
to violate these TOS, any code of conduct or other guidelines which may be
applicable for any particular area of the Service or have been communicated
to you by anyone affiliated with 23andMe.
or
</li>
<li>
intentionally or unintentionally violate any applicable local, state, national
or international law or any applicable regulations having the force of law.
</li>
</ul>
</li>
<li>
You acknowledge and agree that you are solely responsible for (and that 23andMe
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
which 23andMe may suffer) of any such breach.
In case of breach of any one of
these agreements 23andMe may 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 23andMe and its affiliates against any liability, costs, or
damages arising out of your breach of the TOS.
</li>
<li>
If you breach the terms of this Section and/or 23andMe has a reasonable ground
to suspect that you have breached the terms of this Section, 23andMe may suspend
or terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
</li>
</ul> Export Control and Applicable Laws and Regulations <strong>
</strong>
<ul>
<li>
You agree to comply with all local rules regarding online conduct and
acceptable content.
</li>
<li>
You agree that, so far as you are aware:
<ul>
<li>
providing your sample is not subject to any export ban or restriction
in the country in which you reside.
and
</li>
<li>
your sample and data may be transferred and/or processed outside the
country in which you reside.
</li>
</ul>
</li>
<li>
You will comply with all applicable laws regarding the transmission of technical
data exported from the country from which you access 23andMe's Services.
</li>
<li>
You should not use our Service if in doing so you will breach any
applicable laws.
</li>
</ul> Material Posted Through The Service and Takedown <strong>
</strong>
<ul>
<li>
23andMe does not check or moderate any User Content before it is added to
the Service by users.
We may later check, moderate, reject, refuse or delete
any User Content if anybody objects to it, or we think that it breaches our TOS.
</li>
<li>
As such, we do not guarantee the accuracy, integrity, or quality of any
User Content.
</li>
<li>
You understand that by using the Services, you may be exposed to content that
is offensive, indecent, or objectionable.
Under no circumstances will 23andMe
be responsible in any way for any User Content, including, but not limited to,
any errors or omissions in any User Content, or for any loss or damage of any
kind incurred as a result of the use of any such User Content posted, emailed
or otherwise available via the Service.
</li>
<li>
You acknowledge and agree that you must evaluate, and bear all risks associated
with, the use of any User Content, including any reliance on the accuracy,
completeness, or usefulness of such User Content.
</li>
<li>
Any person may contact us by sending us an "Infringement Notice" if any
content available through our Service infringes their rights or fails to
comply with our TOS.
The Infringement Notice should be sent either by post to
<p>
23andMe, Inc.
ATTN: Legal
223 N.
Mathilda Ave.,
Sunnyvale, CA 94086,
United States of America
or by email to legalnotices@23andme.com.
</p>
</li>
<li>
Please provide the information described below in the Infringement Notice:
<ul>
<li>
your name and contact details.
</li>
<li>
a statement explaining in sufficient detail why you consider that t
he content available through our Service infringes your rights or
fails to comply with our TOS.
and
</li>
<li>
a link to or such other means of identifying the problematic content.
</li>
</ul>
</li>
<li>
We will take the action that we believe is appropriate depending on the nature
of the Infringement Notice and will aim respond to you within a reasonable
period of time on the action we propose to take.
</li>
</ul> Material Provided to 23andMe – Your Proprietary Rights <strong>
</strong>
<ul>
<li>
<strong>User Content.</strong> 23andMe does not claim ownership of the User
Content you provide to 23andMe (including feedback and suggestions) or post,
upload, input, or submit to the Service.
Unless otherwise specified, you
retain copyright and any other rights you already hold over User Content that
you create and submit, post, or display on or through the Services.
</li>
<li>
By submitting, posting, or displaying User Content, you give 23andMe, its
affiliated companies, sublicensees (including but not limited to sublicensees
who avail themselves of the Limited License granted in Section [14] above) and
successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display, distribute, reproduce, edit, reformat, and create
derivative works from any User Content that you submit, post, or display on
or through the Services.
</li>
<li>
You acknowledge and agree that this license includes a right for 23andMe to
make such User Content available to other companies, organizations, or
individuals with whom 23andMe has relationships, and to use such User Content
in connection with the provision of those services.
</li>
<li>
The above license does not affect how we use and share information about you which is as set
out in our
Privacy Statement.
</li>
<li>
You understand that 23andMe, in performing the required technical steps to
provide the Services to our users, may:
<ul>
<li>
transmit or distribute your User Content over various public networks
and in various media.
and
</li>
<li>
make such changes to your content as are necessary to conform and
adapt that content to the technical requirements of connecting
networks, devices, services, or media.
You acknowledge and agree that
this license shall permit 23andMe to take these actions.
</li>
</ul>
</li>
<li>
You promise to 23andMe that you have all the rights, power, and authority
necessary to grant the above license.
</li>
<li>
<strong>Genetic and/or Self-Reported Information</strong>.
Your saliva sample,
once submitted to and analyzed by us, is processed in an irreversible manner
and cannot be returned to you.
See our Website for more information on sample
processing.
Any Genetic Information derived from your saliva remains your
information which us as set forth in these TOS and our Privacy Statement.
</li>
<li>
You understand that you should not expect any financial benefit from 23andMe
as a result of having your Genetic Information processed.
made available to
you.
or, as provided in our Privacy Statement and TOS, shared with or included
in Aggregated Genetic and Self-Reported Information shared with research
partners, including commercial partners.
</li>
<li>
<strong>Research and Products.</strong> As stated above, you understand that
by providing any sample, having your Genetic Information processed, accessing
your Genetic Information, or providing Self-Reported Information, you acquire
no intellectual property or similar rights in any research or commercial
products that may be developed by 23andMe 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 Genetic
Information or Self-Reported Information.
</li>
</ul> Indemnity <strong>
</strong>
<ul>
<li>
You agree to defend and hold 23andMe, and its subsidiaries, affiliates,
officers, agents, contractors, partners, employees, successors, and assigns
harmless from any claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out your willful, reckless or negligent
misconduct in submitting, posting or transmitting User Content through the
Service.
your use of the Service.
your violation of the TOS.
or your violation
of any applicable laws or rights of another.
</li>
<li>
If you have submitted a saliva sample or otherwise provided your own Genetic
Information, you will defend and hold harmless 23andMe, its employees, contractors,
successors, and assigns from any and all claims (unless caused by 23andMe's
negligence) arising out of your use or disclosure of any information obtained
from genotyping your saliva sample and/or analyzing your Genetic Information,
which is disclosed to you consistent with our Privacy Statement or results
from any third-party add-ons to tools we provide
</li>
<li>
If you choose to provide your Genetic and/or Self-Reported 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 23andMe, its employees, contractors,
successors, and assigns from any and all claims (unless caused by 23andMe's
negligence) arising from such disclosure or use of your Genetic and/or
Self-Reported Information.
</li>
</ul> General Practices Regarding Use and Storage <strong>
</strong>
<ul>
<li>
You acknowledge that 23andMe may establish or change any existing general
practices and limits concerning use of the Services, including without
limitation the maximum number of days that Personal Information and Services
content will be retained by the Service, the maximum disk space that will be
allotted on 23andMe's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Services in a given
period of time.
</li>
<li>
Where 23andMe establishes or changes such general practices and limits which
has a significant impact on your use of the Service, 23andMe will give you
reasonable notice to familiarize yourself with such general practices and
limits or changes and allow you to take any steps you consider necessary to
mitigate the impact of any such general practices and limits or change.
</li>
<li>
You acknowledge and agree that 23andMe has no responsibility or liability
for the deletion of or failure to store any messages, other communications,
or other content maintained or transmitted by the Services unless caused by
23andMe's negligence.
or for the loss of Genetic Information due to malfunction
or destruction of data servers or other catastrophic events unless caused by
23andMe's negligence.
</li>
</ul> Modifications to Service <strong>
</strong>
<ul>
<li>
23andMe may at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) to reflect
changes in technology, commercial practice, behaviors, our business and the
way users use our Service and applicable law and rules.
</li>
<li>
23andMe will use reasonable efforts to notify you of any significant changes
to the Service.
</li>
<li>
You acknowledge and agree that these changes may result in a delay in
computations for some of the 23andMe features or Service and may affect your
past activities on the Service, features that you use and your User Content
("<strong>Service Elements</strong>").
Any changes to the Service could
involve Service Elements being deleted or reset.
</li>
<li>
You agree that a key characteristic of our Service is that changes to the
Service will take place over time and this is an important basis on which
23andMe grants you access to the Service.
Once we have made changes to the
Service, your continued use of the Service will show that you have accepted
any changes to the Service.
</li>
<li>
You acknowledge and agree 23andMe shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of the Services or
any Service Elements.
</li>
<li>
The software that you use may from time to time automatically download and
install updates from 23andMe.
These updates are designed to improve, enhance,
and further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules, and completely new versions.
You agree to
receive such updates (and permit 23andMe to deliver these to you) as part of
your use of the Services.
</li>
<li>
You acknowledge that 23andMe may offer different or additional technologies or
features to collect and/or interpret Genetic Information in the future and
that your initial purchase of the Service does not entitle you to any different
or additional technologies or features for collection or interpretation of
your Genetic Information without fee, and that may have to pay additional
fees in order to have your Genetic Information collected, processed, and/or
interpreted using any future or additional technologies or features.
</li>
</ul> Termination <strong>
</strong>
<ul>
<li>
The TOS will continue to apply until terminated by either you or 23andMe as
set out in this Section.
</li>
<li>
If you want to terminate your legal agreement with 23andMe, you may do so
by notifying 23andMe at any time in writing, which will entail closing your
accounts for all of the Services that you use.
Your notice should be sent,
in writing, to 23andMe's address, which is set out at the beginning of the TOS,
or via email to customercare@23andme.com.
If you provide notice via email, 23andMe will send you an email asking you to
confirm your request, and your notice will be effective following receipt of
a second email confirmation from you.
</li>
<li>
23andMe may, at any time, by notice terminate its legal agreement with you
(and in conjunction therewith, your password and account(s)) if:
<ul>
<li>
you have breached any provision of the TOS (or have acted in manner
which shows that you do not intend to, or are unable to comply with,
the provisions of the TOS) and have failed to remedy such breach on
fifteen [15] days notice in writing to you.
</li>
<li>
23andMe is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
</li>
<li>
the partner with whom 23andMe offered the Services to you has
terminated its relationship with 23andMe or ceased to offer the
Services to you.
</li>
<li>
23andMe is transitioning to no longer providing the Services to users
in the country or state in which you reside or from which you use
the Services.
or
</li>
<li>
the provision of the Services to you by 23andMe is, in 23andMe's
opinion, no longer commercially viable.
</li>
</ul>
</li>
<li>
Any suspected fraudulent, abusive, or illegal activity that may be grounds
for termination of your use of the Services may be referred to appropriate
law enforcement authorities.
You acknowledge and agree that 23andMe shall not
be liable to you or any third party for any termination of your access to
the Services.
</li>
</ul> Survival of Terms <strong>
</strong>
<ul>
<li>
When the TOS come to an end, all of the legal rights, obligations, and
liabilities that you and 23andMe have benefited from, been subject to (or
which have accrued over time while the TOS have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation,
and the provisions of sections 1.(Definitions).
3.(Acceptance of Terms).
4.(Eligibility).
9.(Description of the Services).
10.(Important Issues
Regarding 23andMe Services).
11.(Representations).
12.(Account Creation,
Customer Account, Password and Security Obligations).
13.(23andMe Privacy
Statement and Disclosure of Information).
15.(Customer Conduct - Unlawful
and Prohibited Use).
16.(Export Control and Applicable Laws and Regulations).
17.(Material Posted Through the Service and Takedown).
18.(Material Provided
to 23andMe - Your Proprietary Rights).
19.(Indemnity).
22.(Termination).
23.(Survival of Terms).
24.(Dealings with Information Providers and Listed
Resources).
25.(Hyperlinks and 23andMe Website).
26.(23andMe Proprietary Rights).
27.(DISCLAIMER OF WARRANTIES).
28.(LIMITATION OF LIABILITY).
29.(Notice).
and 31.(Miscellaneous), shall continue to apply to such rights, obligations,
and liabilities indefinitely.
</li>
</ul> Dealings with Information Providers and Listed Resources <strong>
</strong>
<ul>
<li>
Your correspondence or business dealings with—or participation in promotions
of—information providers, vendors, and/or resources found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such information provider or resource.
</li>
<li>
You acknowledge and agree that 23andMe shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such information provider or resources
on the Service.
</li>
</ul> Hyperlinks and the 23andMe Website <strong>
</strong>
<ul>
<li>
The Service provides, and third parties may provide, links to other sites
and resources on the Internet.
Because 23andMe has no control over such sites
and resources, you acknowledge and agree that 23andMe is not responsible for
the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources.
</li>
<li>
You further acknowledge and agree that 23andMe 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,
goods, or services available on or through any such hyperlinked site or resource.
</li>
</ul> 23andMe's Proprietary Rights <strong>
</strong>
<ul>
<li>
You acknowledge and agree that 23andMe (or 23andMe's licensors, as applicable)
own all legal right, title, and interest in and to the Services, including
any intellectual property rights (including but not limited to patents) which
subsist in the Services (whether those rights happen to be registered or not,
and wherever in the world those rights may exist).
You further acknowledge
that the Services may contain information which is designated confidential
by 23andMe and that you shall not disclose such information without 23andMe's
prior written consent.
</li>
<li>
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.
</li>
<li>
Except as expressly authorized by 23andMe, 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 23andMe and/or its suppliers.
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 ("<strong>License
Agreement</strong>").
You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
</li>
<li>
23andMe, Inc., 23andMe, and other 23andMe logos and product and service names
are trademarks of 23andMe and these marks together with any other 23andMe trade
names, service marks, logos, domain names, and other distinctive brand features
are the "23andMe Marks".
Unless you have agreed otherwise in writing with
23andMe, other than through the Limited License in Section 14, nothing in the
TOS gives you a right to use any 23andMe Marks and you agree not to display,
or use in any manner, 23andMe Marks.
</li>
<li>
You agree that you shall 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.
</li>
<li>
For any Software not accompanied by a License Agreement, 23andMe grants you
a personal, non-transferable, and non-exclusive right and license to use the
object code of its Software on a single computer.
This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by 23andMe, in the manner permitted by the TOS.
</li>
<li>
You may not (and may 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 23andMe, in writing.
</li>
<li>
Unless 23andMe has given you specific written permission to do so, you may
not assign (or 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.
</li>
<li>
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service.
</li>
<li>
You agree not to access the Service by any means other than through the
interface that is provided by 23andMe for use in accessing the Service.
Any
rights not expressly granted herein are reserved.
</li>
</ul> Disclaimer of Warranties <strong>
</strong>
<ul>
<li>
ALTHOUGH 23ANDME ATTEMPTS TO PROVIDE THE SERVICES USING A COMMERCIALLY
REASONABLE LEVEL OF SKILL AND CARE, AS SET OUT IN THIS CLAUSE 27 THERE ARE
CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT OUR SERVICES.
</li>
<li>
23ANDME DOES NOT MAKE ANY PROMISES ABOUT THE SERVICES.
WE DO NOT GUARANTEE
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE RELIABLE OR BE AVAILABLE
WHEN YOU WANT TO ACCESS THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AND THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
</li>
<li>
DUE TO THE INHERENT NATURE OF SOFTWARE, THE INTERNET, TELECOMMUNICATIONS
NETWORKS AND WEBSITES, 23ANDME DOES NOT GUARANTEE THAT THE SERVICES WILL BE
AVAILABLE WHEN YOU WANT TO USE THEM, ERROR-FREE OR THAT ANY COMMUNICATIONS
MADE USING THE SERVICES OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE
SERVICES WILL BE SECURE.
</li>
<li>
CERTAIN TERMS MAY BE AUTOMATICALLY INCLUDED INTO THIS AGREEMENT BY LAW.
THESE TERMS RELATE TO THE QUALITY OF THE SERVICE PROVIDED, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT THAT 23ANDME IS
ALLOWED DO SO BY LAW, WE EXCLUDE THESE TERMS FROM THIS AGREEMENT.
</li>
<li>
23ANDME DOES NOT GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER
HARMFUL COMPONENTS AND 23ANDME WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE
ARISING FROM ANY VIRUS OR OTHER HARMFUL COMPONENT IN ANY OF THE SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
YOU ARE ADVISED TO BACK-UP OR STORE SECURELY
YOUR CONTENT AND USER CONTENT.
</li>
<li>
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
23ANDME OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY PROMISE NOT EXPRESSLY
STATED IN THESE TOS.
</li>
<li>
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING
INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.
</li>
<li>
23ANDME DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR
PARTICIPATION IN THE SERVICES AND, THEREFORE, 23ANDME SPECIFICALLY DOES NOT
ACCEPT ANY RESPONSIBILITY WITH REGARD TO YOUR ACTIONS RESULTING FROM YOUR
PARTICIPATION IN THE SERVICES.
</li>
<li>
23ANDME DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE
PERSONS USING THE SERVICES.
23ANDME DOES NOT HAVE ANY OBLIGATION TO MONITOR
THE USE OF THE SERVICES BY OTHER USERS OF THE SERVICE.
AS SUCH, 23ANDME WILL
NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER AS A RESULT OF YOUR INTERACTIONS
WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE
OF YOUR IDENTITY OR INFORMATION.
</li>
<li>
BECAUSE WE CANNOT CONTROL THE BEHAVIOR OF OUR USERS 23ANDME DOES NOT GUARANTEE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY USER CONTENT OR ADOPT, ENDORSE
OR ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENTS THEY MAKE.
</li>
</ul> Limitation of Liability <strong>
</strong>
<ul>
<li>
TO THE EXTENT PERMITTED BY LAW, 23ANDME'S TOTAL RESPONSIBILITY FOR ANY AND
ALL CLAIMS YOU MAKE UNDER THESE TOS (INCLUDING IMPLIED TERMS) OR RELATED TO
THE USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (OR SOMEONE
PAID TO US ON YOUR BEHALF) FOR ACCESS TO THE SERVICE OR ONE HUNDRED ($100)
US DOLLARS, WHERE NO AMOUNT IS PAID TO US.
</li>
<li>
IN EVERY CASE, 23ANDME WILL NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT
IS NOT REASONABLY FORESEEABLE.
</li>
<li>
TO THE EXTENT PERMITTED BY LAW, 23ANDME WILL, UNLESS CAUSED BY OUR NEGLIGENCE,
IN EVERY AND ALL CASES NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM:
<ul>
<li>
THE USE OR THE INABILITY TO USE THE SERVICES.
</li>
<li>
ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH
OR FROM THE SERVICES.
</li>
<li>
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL.
</li>
<li>
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
THE SERVICES.
</li>
<li>
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
</li>
<li>
THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH
AUTHORITY.
OR
</li>
<li>
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
</li>
</ul>
</li>
</ul> Notice <strong>
</strong>
<ul>
<li>
Notices to you may be made via either email or regular mail.
23andMe may also
provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on or through the Services.
</li>
<li>Official notices related to this TOS must be sent to us at:
<p>
23andMe, Inc.
ATTN: Legal
223 N.
Mathilda Ave.,
Sunnyvale, CA 94086,
United States of America
</p>
</li>
<li>
Any notices that you provide without compliance with this Section on Notices
shall have no legal effect.
</li>
</ul> Changes to the Terms of Service <strong>
</strong>
<ul>
<li>
23andMe may make changes to the TOS from time to time to reflect changes in
our Service, technology, commercial practice, behaviors, our business and
the way users use our Service and applicable law and rules.
When these changes
are made, 23andMe will make a new copy of the TOS available on its Website
and any new additional terms will be made available to you from within, or
through, the affected Services.
</li>
<li>
23andMe will use reasonable efforts to notify you of any significant changes
to the TOS.
</li>
<li>
You acknowledge and agree that if you use the Services after the date on which
the TOS have changed, 23andMe will treat your use as acceptance of the
updated TOS.
</li>
</ul> Miscellaneous <strong>
</strong>
<ul>
<li>
23andMe intends to rely on these TOS as setting out the written terms of our
relationship with you unless we have both agreed to a separate written
agreement between us that expressly governs over this TOS.
You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software.
</li>
<li>
For any dispute with 23andMe, you will first contact us at UK request form or EU request form and attempt to resolve the dispute with us informally.
In the unlikely event that 23andMe has not been able to resolve a dispute it
has with you after attempting to do so informally, we will discuss with you
and agree the most effective way of resolving our dispute using mediation or
arbitration based on the nature of our dispute.
Nothing in this section shall
prevent either of us from seeking injunctive (emergency) relief or other
equitable relief from the courts for matters relating to data security,
intellectual property or any other proprietary rights.
</li>
<li>
These TOS shall be governed by the laws of England and Wales we each agree
that any dispute that goes to court will be heard in the courts of England
and Wales.
</li>
<li>
If you do not comply with this Agreement and we do not take action immediately,
this does not mean that we have given up any rights that we may take action
in the future.
</li>
<li>
A printed version of these TOS and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this TOS to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form.
</li>
<li>
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
</li>
<li>
If any provision or portion of these TOS is found to be unenforceable, this
will not affect the remaining provisions or portion.
</li>
<li>
You may not transfer any rights or obligations under this TOS.
Any transfer
will be ineffective.
We may freely transfer or delegate all rights and
obligations under this TOS and you consent to such transfer.
</li>
</ul> Read the previous version of the document.