Last Updated: January 27, 2025
Your use of Gateway Genomics’ Services (excluding any services provided by Gateway Genomics under a separate agreement) is subject to the terms of the legal agreement between you and Gateway Genomics set forth in these legally binding Terms of Use (“Terms”). These Terms apply to any use of the Services, including but not limited to (i) accessing or using sneakpeektest.com (the “Website”); (ii) uploading a digital version of your Genetic Information and interacting with it on the Gateway Genomics Websites; and/or (iii) activating your Test Kit on the Website. Should you interact with us via SMS text message, you also agree to our SMS Terms and Conditions, which are incorporated into these Terms by reference.
By using the Services, you agree to these Terms. You can accept these Terms by (i) clicking to accept or agree to the Terms, where this option is made available to you by Gateway Genomics for any Testing Product; (ii) by clicking “Submit Order” in the sneakpeektest.com store; or (iii) by visiting the Website. In addition, when using particular Gateway Genomics Services, you shall be subject to any instructions, guidelines, or rules applicable to such services. All such instructions, guidelines, or rules are hereby incorporated by reference into these Terms.
In some instances, Gateway Genomics also may offer other services that are governed by both these Terms and different terms of service setting forth additional conditions may apply to a service or product (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. You must read and accept our Terms of Use before using the Websites.
By using the Services, you acknowledge and understand that we may process personal information in connection with your use of the Services as described in our Privacy Notice, which is incorporated into these Terms. If you do not agree to such processing or these Terms, please do not use the Services.
THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 3). PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
The Services are not provided in the course of a professional relationship between a healthcare provider and a patient and are not intended to create any patient relationship, nor should they be considered a replacement for consultation with a healthcare professional. If you have any health problems or healthcare‑related questions, please address with your physician or other healthcare provider promptly.
The information and content provided on or accessed through the Services are intended for general, noncommercial purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment.
“Gateway Genomics,” “we,” “our,” or “us” means Gateway Genomics, LLC, having an address at 322 North 2200 West, Salt Lake City, UT 84116 USA.
“R&D” means research and development activities performed by Gateway Genomics 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; and conducting data analysis that may lead to and/or include commercialization with a third party.
“Service” or “Services” means Gateway Genomics’ products, software, services, Testing Products, and Websites (including but not limited to text, graphics, images, and other material and information), as accessed from time to time by the user.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. Gateway Genomics collects and stores the following types of Personal Information:
“Testing Products” or “Test Kits” mean the SneakPeek® Fetal Doppler, SneakPeek Early Gender DNA Test®, or SneakPeek SNAP®.
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE, OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
A. AGREEMENT TO BINDING INDIVIDUAL ARBITRATION.
Except those expressly exempted below, to the fullest extent allowed by applicable law, you and Gateway Genomics agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section. For purposes of this Section, You agree that the term “Dispute” will have the broadest meaning possible and will include, but will not be limited to, any dispute, claim, or controversy (except those specifically exempted below) between you and Gateway Genomics that in any way relates to or arises from any aspect of our relationship and all matters relating to or arising from these Terms, the Services, or any other agreement between you and Gateway Genomics. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
B. INFORMAL NEGOTIATION PERIOD.
In the unlikely event that you have any Dispute with Gateway Genomics, you must first provide Gateway Genomics written notice of your dispute prior to initiating any formal legal action. Your notice of dispute must be in writing and sent to Gateway Genomics at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” The notice of dispute must include, as applicable: (1) your name; (2) your email address; (3) your residential address; (4) a description of the facts of the Dispute as you understand them; and (5) any request of Gateway Genomics to resolve the problem. Most concerns are quickly resolved in this manner to our customers’ satisfaction. During the thirty (30) days following the date your notice of dispute is received by Gateway Genomics (the “Initial Dispute Resolution Period”), you and Gateway Genomics agree to engage in good faith efforts to resolve the Dispute informally, and you will not initiate any arbitration or court proceeding during this period. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Gateway Genomics later to initiate a lawsuit or arbitration unless it contains all of the information required by this paragraph. You and Gateway Genomics agree to toll any statutes of limitations that may apply, along with any filing deadlines during this Initial Dispute Resolution Period. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and Gateway Genomics agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph.
C. BINDING ARBITRATION.
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Gateway Genomics may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the then-current JAMS Rules effective as of the date of the Notice of Dispute (the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at www.jamsadr.com.
Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. If, for any reason, JAMS is unable to administer the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. If the parties have more than one Dispute between them, you and Gateway Genomics agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.
WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
You and Gateway Genomics agree that the terms of this will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Section. To be clear, the arbitrator, and not a court, shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Gateway Genomics, and any award of the arbitrator may be entered in any court of competent jurisdiction. You and Gateway Genomics agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Gateway Genomics agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
D. Mass Arbitration Before NAM
Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if twenty-five (25) or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550.
Notwithstanding anything to the contrary above, you and Gateway Genomics agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than JAMS, you or Gateway Genomics may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Gateway Genomics agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Gateway Genomics acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Gateway Genomics agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with their Mass Arbitration Supplementary Rules, found here: https://www.adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf.
E. Class and Collective Action Waiver
IF, FOR, ANY REASON, THIS MANDATORY BINDING ARBITRATION PROVISION (SECTION 3) IS HELD UNCONSCIONABLE OR UNENFORCEABLE, YOU AND GATEWAY GENOMICS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including, but not limited to, requests for public injunctive relief.
If any provision in Section 3 of these Terms is found to be unenforceable, that provision shall be severed with the remainder of Section 3 of these Terms remaining in full force and effect. The foregoing severance provision shall not apply to the prohibition against class or collective actions. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Section 3 of this Agreement (but only Section 3) shall be null and void.
F. Exceptions to Informal Negotiations and Arbitration
Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction and applicable law provisions in Section 23(B) below.
G. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
H. Thirty (30)-day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section 3 by sending written notice of your decision to opt-out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent within thirty (30) days from the date you first are presented with the arbitration agreement; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 3. If you opt-out of these arbitration provisions, Gateway Genomics also will not be bound by them.
I. Venue for Non-Arbitrable Disputes
If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Gateway Genomics agree to submit to the exclusive jurisdiction of the state and federal courts in Utah, and you and Gateway Genomics consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). Claims excluded from arbitration are subject to the venue clauses set forth in these Terms.
Whether you submit your own blood sample, a blood sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the Terms if (i) you are not of legal age to form a binding contract with Gateway Genomics, or (ii) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
In addition to the conditions above, if you use the Website, activate your Test Kit otherwise provide your own Genetic Information to us, you represent that you are at least of legal age in your jurisdiction and can agree to these Terms on behalf of yourself or those for whom you have legal authority to agree. If you are under the age of majority, you represent that if you use the Services, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
The Services include access to the Gateway Genomics public Websites (e.g., sneakpeektest.com) and personal genetic services (e.g., predicted genetic determination services), including the collection and analysis of your blood sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms.
Certain features and functionality of the Services may require you provide Registration Information. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (ii) maintain and promptly update the 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 Gateway Genomics has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Gateway Genomics has the right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof).
After you have purchased our Testing Products, you may receive results of your Genetic Information from Gateway Genomics by email. You are responsible for maintaining the confidentiality of your Genetic Information. If you allow third parties to view your Genetic Information, you will defend and indemnify Gateway Genomics and its affiliates against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Gateway Genomics of any unauthorized use of your Genetic Information. Gateway Genomics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
The Services may contain materials and other items relating to Gateway Genomics, including (i) data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Website; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Gateway Genomics; and (iii) other forms of intellectual property (collectively “Content”). You acknowledge that the Content, whether original Gateway Genomics Services Content or sponsored Content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Gateway Genomics and/or the sponsors who provide that Content to Gateway Genomics (or by other persons or companies on their behalf). Gateway Genomics grants you a limited, non-exclusive, revocable, non-assignable license to download, display, view, and use the Website, and to retain one copy of the Content as it is displayed to you, for personal, non-commercial purposes only, with the exception of content marked as not subject to this limited license.
By using the Services, you represent and warrant to Gateway Genomics that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may 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 may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (i) 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; (ii) impersonate any person or entity, including, but not limited to, anyone affiliated with Gateway Genomics, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (iv) “stalk” or otherwise harass another user of the Services; (v) 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); (vi) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (vii) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Gateway Genomics or any other party; (viii) harm minors in any way; (ix) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (x) 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; (xi) 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; (xii) 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; (xiii) violate these Terms, 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 Gateway Genomics; or (xiv) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Gateway Genomics has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Gateway Genomics may suffer) of any such breach. In case of breach of any one of these agreements, Gateway Genomics has the right to refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Gateway Genomics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section 8 and/or Gateway Genomics has a reasonable ground to suspect that you have violated the terms of this Section 8, Gateway Genomics has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree (i) that providing your sample is not subject to any export ban or restriction in the country in which you reside; (ii) that your sample and data may be transferred and/or processed outside the country in which you reside; and (iii) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country from which you access the Services online.
You acknowledge that all User Generated Content (as described in our Privacy Notice), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Generated Content originated. This means that you, and not Gateway Genomics, are entirely responsible for all User Generated Content that you upload, post, email, or otherwise transmit via the Service. Nothing in these Terms shall obligate Gateway Genomics to use any User Generated Content you submit or permit the posting of such User Generated Content on any website or platform. Gateway Genomics will not, at all times, control any of the User Generated Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Gateway Genomics content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Gateway Genomics be liable in any way for any non-Gateway Genomics content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Gateway Genomics and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Gateway Genomics and its designees shall have the right to remove any content that violates the Terms or is deemed by Gateway Genomics, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Gateway Genomics does not claim ownership of the User Generated Content you provide to Gateway Genomics (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 Generated Content that you create and submit, post, or display on or through the Services. By submitting, posting, or displaying User Generated Content, you give Gateway Genomics, its affiliated companies, sublicensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, sublicensable, 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 Generated Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Gateway Genomics to make such User Generated Content available to other companies, organizations, or individuals with whom Gateway Genomics has relationships, and to use such User Generated Content in connection with the provision of those services.
You understand that Gateway Genomics, in performing the required technical steps to provide the Services to our users, may (i) transmit or distribute your User Generated Content over various public networks and in various media; and (ii) make such changes to your User Generated Content as is 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 Gateway Genomics to take these actions. You represent and warrant to Gateway Genomics that you have all the rights, power, and authority necessary to grant the above license.
Genetic and/or Self-Reported Information. Gateway Genomics cannot control any distribution of Genetic and/or Self-Reported Information that you share publicly. You acknowledge and agree that you are responsible for protecting and enforcing the confidentiality of such information and that Gateway Genomics has no obligation to do so on your behalf. Your blood sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. You understand that you should not expect any financial benefit from Gateway Genomics as a result of having your Genetic Information processed; made available to you, or, as provided in our Privacy Notice and Terms, shared with or included in Self-Reported Information shared with research partners, including commercial partners.
Waiver of Property Rights. 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 rights in any research or commercial products that may be developed by Gateway Genomics 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.
You agree to defend and hold Gateway Genomics, 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, arising out of, or in connection with any of the following: (i) User Generated Content you submit, post to, or transmit through the Service; (ii) your use of the Service; (iii) any misrepresentation made by you; (iv) your violation (or alleged violation) of the Terms; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (vi) your violation of any rights of another, including any intellectual property, publicity, confidentiality, property, or privacy right.
If you have submitted a blood sample or otherwise provided your own Genetic Information, you will defend and hold harmless Gateway Genomics, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information (as disclosed in our Privacy Notice) obtained from testing your blood sample and/or analyzing your Genetic Information. In addition, 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 Gateway Genomics, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
Other than pursuant to the terms of the Limited License in Section 7 of these Terms or unless otherwise agreed in a separate agreement between you and Gateway Genomics, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service or Content, use of the Service, or access to the Service.
Gateway Genomics reserves the right, in its sole and absolute discretion, to update, change, terminate, suspend, modify, add, end, or delete the Services, in whole or in part, at any time with or without notice. You acknowledge that Gateway Genomics 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 you will 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.
The content and information included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Gateway Genomics may make improvements and/or changes to Services at any time. Gateway Genomics reserves the right, in its sole and absolute discretion, to update, change, terminate, suspend, modify, add, end, or delete the content and information in the Services, in whole or in part, at any time with or without notice.
A. Order Acceptance.
You can purchase certain Testing Products on the Website. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). By confirming your purchase during the checkout process on the Website, you agree to pay for your Order. All Orders must be accepted by Gateway Genomics in order to become a binding obligation to sell you products via the Website.
Gateway Genomics reserves the right to, in its sole discretion and for any reason, on a case-by-case basis, to do the following:
B. Payment Details.
All prices published on the Website are set by Gateway Genomics in its sole discretion and we may change our prices from time to time. Gateway Genomics accepts credit and debit cards issued by U.S. banks. You represent and warrant that (i) the credit card or debit card information you provide to Gateway Genomics and/or our Payment Processor (as defined below) is true, correct, and complete; (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.
You will promptly notify Gateway Genomics if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).
All credit card, debit card, and other monetary transactions on or through the Website occur through an online payment processing application that is provided by a third-party payment processor (“Payment Processor”). Depending on how you interact with our Services, our Payment Processor may be Stripe, Sezzle, or Authorize.net. Your use of the payment application is subject to the applicable agreement for each Payment Processor, which you should review. By agreeing to Terms or making payments under these Terms, you agree to be bound by the above referenced agreements with our Payment Processor and agree that such agreements may be modified by the Payment Processor from time to time. If our Payment Processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Gateway Genomics may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Services.
You agree to waive all claims against Gateway Genomics and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of your Website account outside of Gateway Genomics’ control, regardless of whether such payments are authorized or unauthorized.
C. Delivery Terms.
Gateway Genomics will arrange for shipment of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon Gateway Genomics’ transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Gateway Genomics is not liable for any delays in shipments.
D. Refunds and Returns.
Any returns or refunds are subject to our Refund Policy and Sections 22(D) and 22(G).
E. California Notice.
In accordance with California Business and Professions Code Section 17538 et al., Gateway Genomics’ return and refund policy is available here and Sections 22(D) and 22(G), the legal name under which Gateway Genomics conducts business is Gateway Genomics, LLC, and Gateway Genomics’ business address is 322 North 2200 West, Salt Lake City, UT 84116.
Under California Civil Code Section 1789.3, California web users are entitled to the following notice: the Website is provided by Gateway Genomics, LLC, 322 North 2200 West, Salt Lake City, UT 84116. If you have questions, concerns, or complaints regarding the Website, please contact Gateway Genomics by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Gateway Genomics, LLC, Attn: Legal Department, 322 North 2200 West, Salt Lake City, UT 84116.
California residents may resolve any complaint regarding the Website or the Services by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929.
The Website may link to other websites and resources on the Internet. Because Gateway Genomics has no control over such websites and resources, you acknowledge and agree that Gateway Genomics is not responsible for the availability of such external websites 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 websites or resources. You further acknowledge and agree that Gateway Genomics 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 website or resource. Once you leave the Website and go to another website, be aware that those websites may have terms and conditions that differ from the provisions provided herein. Gateway Genomics recommend that you review the privacy policy and terms and conditions of those third-party websites prior to use. Gateway Genomics is not responsible for, and expressly disclaims any and all liability related to actions of such linked websites, their terms and conditions or the content of such websites.
You acknowledge and agree that Gateway Genomics (or Gateway Genomics’ licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights 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 Gateway Genomics and that you shall not disclose such information without Gateway Genomics’ prior written consent. Gateway Genomics, LLC, SneakPeek®, and other Gateway Genomics logos and product and service names are trademarks of Gateway Genomics and these marks together with any other Gateway Genomics trade names, service marks, logos, domain names, and other distinctive brand features are the “Gateway Genomics Marks”. Unless you have agreed otherwise in writing with Gateway Genomics, other than through the Limited License in Section 7, nothing in the Terms gives you a right to use any Gateway Genomics Marks, and you agree not to display or use in any manner, Gateway Genomics Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Gateway Genomics, you agree that in using the Services, you will not use any trademarks, service marks, trade names, or logos 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.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that content or material on any of the Website infringes a copyright owned by you, you (or your agent) may send Gateway Genomics a notice requesting that the material be removed, or access to it blocked. This request should be sent to: [email protected]; or, alternatively, to Gateway Genomics, LLC, Attn: Legal Department, 322 North 2200 West, Salt Lake City, UT 84116 with the subject line “DMCA Notice.”
The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity; (iv) the name, address, telephone number, and email address of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.
Gateway Genomics will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GATEWAY GENOMICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GATEWAY GENOMICS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GATEWAY GENOMICS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GATEWAY GENOMICS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GATEWAY GENOMICS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GATEWAY GENOMICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GATEWAY GENOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES; (III) YOUR FAILURE TO KEEP YOUR GENETIC INFORMATION DETAILS SECURE AND CONFIDENTIAL; (IV) 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; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
The Website may be unavailable from time to time and for any reason including, for example, for routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Gateway Genomics, access to the Website may be interrupted or suspended from time to time. Gateway Genomics shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, availability, and equipment needed for access or use.
If you violate the terms of these Terms and/or Gateway Genomics has a reasonable ground to suspect that you have violated the terms of these Terms, Gateway Genomics has the right, in its sole discretion, to suspend or terminate your access to the Services and terminate the availability of the Website, in whole or in part, to any individual user. Upon suspension or termination of your access to the Services, or upon notice from Gateway Genomics, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
A. Once you obtain your Genetic Information, the knowledge is irrevocable.
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 your physician or other healthcare provider.
B. SneakPeek test results rely on the test-taker’s input and proper collection of the sample.
It is important that you follow the instructions provided with your SneakPeek Test Kit. Upon activating your SneakPeek Test Kit, you are asked to provide your gestational age by entering the date of your last menstrual period or your estimated due date. Failure to follow the instructions provided with the SneakPeek Test Kit, and/or failure to report an accurate gestational age, may produce an incorrect result.
C. The laboratory may not be able to process your sample, and the laboratory process may result in errors.
The laboratory may not be able to process your sample if (i) your blood does not contain a sufficient amount of DNA; (ii) the blood sample is collected too early into pregnancy (e.g., earlier than six (6) weeks of pregnancy); (iii) the DNA in the blood sample is degraded; (iv) you do not provide enough blood; (v) or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Gateway Genomics will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, Gateway Genomics will offer to send another Test Kit to the user to collect a second sample at no charge. If Gateway Genomics’ attempts to process the second sample are unsuccessful, Gateway Genomics will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics, provided the user shall not resubmit another sample through a future purchase of the service. If the Test Kit was purchased from a retail store, the user will be entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics (the “lab fee”), less any discounts or promotions, plus the then-suggested retail price for the kit. SneakPeek Test Kits purchased through unauthorized resellers or other websites will be entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics (the lab fee), less any discounts or promotions. If the user breaches this policy and resubmits another sample through a future purchase of the service and processing is not successful, Gateway Genomics will not offer to reprocess the sample or provide the user a refund.
Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may produce an incorrect result (referred to as “Errors”). There are many factors that can affect test results, including: (i) inadequate levels of fetal DNA in the mother’s blood; (ii) contamination with male DNA by the user during sample collection; (iii) inadequate mixing of the blood sample and anticoagulant provided in the blood collection tube following collection; and (iv) delay in shipping or returning your sample to Gateway Genomics. As these possibilities are known in advance, users are entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics. If the results of a SneakPeek test are determined to be inaccurate by birth, users are entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics. If the Test Kit was purchased from a retail store, the user will be entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics (the lab fee), less any discounts or promotions, plus the then-suggested retail price for the kit. SneakPeek Test Kits purchased through unauthorized resellers or other websites will be entitled solely and exclusively to a complete refund of the amount paid to Gateway Genomics (the lab fee), less any discounts or promotions. If the results of a SneakPeek test are determined to be inaccurate by ultrasound or any other prenatal test, users must wait until birth to initiate a refund. To initiate a refund for an inaccurate result, users must email a scan or photograph of a certified birth certificate indicating the baby’s gender and date of birth to [email protected], or mail a certified copy of the birth certificate indicating the child’s gender and date of birth to Gateway Genomics at 322 North 2200 West, Salt Lake City, UT 84116. Refunds are processed after the receipt of the required documents.
You can learn more about our policy regarding inaccurate test results here.
D. We cannot issue a refund if the laboratory has already begun processing your swab DNA sample or reported your SneakPeek results.
Refunds will not be issued, nor will samples be re-processed due to perceived inaccuracy of a SneakPeek result.
E. You should not change your behaviors solely on the basis of information from Gateway Genomics.
Make sure to discuss your Genetic Information with a physician or other healthcare provider before you act upon the Genetic Information resulting from the Services. If you have concerns or questions about what you learn through Gateway Genomics, you should contact your physician or other healthcare provider.
F. Gateway Genomics Services are for research, informational, and educational use only. We do not provide medical advice.
The Genetic Information provided by Gateway Genomics and our Services is for research, informational, and educational use only. The genetic results 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. The Services are not intended for use for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare 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.
Gateway Genomics does not recommend or endorse any specific course of action, resources, tests, physicians or other healthcare providers, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Websites. Reliance on any information provided by Gateway Genomics, Gateway Genomics employees, or otherwise appearing on our Websites at the invitation of Gateway Genomics, or other visitors to our Websites is solely at your own risk.
G. Test Kits are sealed in plastic; open Test Kits cannot be returned.
Test Kits purchased by users from Gateway Genomics are sealed in plastic shrink wrap. Test Kits cannot be returned after the plastic shrink wrap has been removed by the user. The contents of the Test Kits include sterile items, and their sterility cannot be assured after the kit has been opened. If you would like to return your Test Kit for a refund, you must be careful to not remove the shrink wrap from the Test Kit. To obtain a refund of an unopened Test Kit, you must bring the unopened shipping package back to your local post office, mark the package “Refused,” and the post office will send the package back to Gateway Genomics. Once Gateway Genomics receives the package and the unopened test inside (shrink wrap not removed) Gateway Genomics will credit your charge account with a complete refund of the amount paid to Gateway Genomics, less shipping and handling. Test Kits purchased from a retail store must be returned according to the retailer’s return policy, unless any component of the Test Kit is deemed defective, in which case the Test Kit can be returned to Gateway Genomics directly for a replacement.
H. User Representations
By accessing the Testing Products, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Gateway Genomics has the right to refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Gateway Genomics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
A. Entire Agreement.
The Terms constitute the entire agreement between you and Gateway Genomics and govern your use of the Services, superseding any prior agreements between you and Gateway Genomics on this subject. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
B. Governing law.
The Terms will be governed by and construed in accordance with the laws of the State of Utah, without regard to principles of conflicts or choice of law.
C. Waiver.
The failure of Gateway Genomics to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
D. Term for cause of action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
E. Admissibility of printed version.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
F. Section titles.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
G. Severability Clause.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
H. Assignment.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Gateway Genomics for any third party that assumes our rights and obligations under these Terms.
These Terms may be modified, in whole or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or any third party. All changes to these Terms will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms by conspicuously posting the changes on the Gateway Genomics Services. Continued use of the Services after the effective date of such modified Terms will indicate your acknowledgement and agreement to be bound by the modified Terms. Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Services.
If you have any questions regarding these Terms or the Services, you may contact us at:
Gateway Genomics, LLCSneakPeek Terms322 North 2200 WestSalt Lake City, UT 84116USA
Additionally, Gateway Genomics accepts service of process at the following address:
Gateway Genomics, LLCATTN: Agent # 93527471201 Orange St. #600One Commerce CenterWilmington, DE 19899USA
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