GeneCards Suite Terms Of Use

For purposes of the Privacy Policy and Terms of Use, “GeneCards Suite Products” include: GeneCards, MalaCards, PathCards, GeneLoc, LifeMap Discovery, VarElect, GeneAnalytics, GenesLikeMe and GeneALaCart all other products available through LifeMap (defined below).  “GeneCards Suite Premium Tools” include: VarElect, GenesLikeMe, GeneAnalytics and GeneALaCart.

The rights in and to the GeneCards Suite Products (excluding information contained therein obtained from third parties and excluding “LifeMap Discovery” and “GeneAnalytics”), vest in Yeda Research and Development Company Ltd. (“Yeda”), the commercial arm of the Weizmann Institute of Science in Rehovot, Israel (the “WIS”), under a license agreement between LifeMap and YEDA and any use of the GeneCards Suite Products is subject to and conditioned on the said license agreement. Without derogating from the Disclaimer section below, you acknowledge and understand that use of the GeneCards Suite Products shall in no way constitute a contractual arrangement between you and Yeda or WIS or grant you any rights towards, or constitute any liability of, Yeda or WIS.

In order to access and use GeneCards Suite Products, you must obtain a customer license by paying applicable licensing fees to LifeMap.  Without derogating from the foresaid, by accessing and using GeneCards Suite Products or related information without LifeMap’s prior approval, you agree to be bound by these Terms of Use and pay any related fees stipulated on our website relating to the used GeneCards Suite Products  For information on obtaining a customer license to access and use GeneCards Suite Products, please contact sales@lifemapsc.com. LifeMap may provide a restricted use, free trial to each of the GeneCards Suite Premium Tools as detailed further in these Terms of Use below.

The use of GeneCards data for training of AI models is strictly prohibited without the express written permission of the LifeMap Sciences. Any unauthorized use of GeneCards data for training of AI models may be subject to legal action.

The following Terms of Use apply to all GeneCards Suite Products.

The clause headings and summaries in Italic font in this Terms of Use are for reference only and have no effect on the construction, interpretation or meaning of the clauses.

1. Scope and Intent

When you use GeneCards Suite Products, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy which covers how we collect, use, share, and store your personal information.

You agree that by registering for or using any GeneCards Suite Products, you are entering into a legally binding agreement with LifeMap Sciences, Inc., (“LifeMap”) 440 N Barranca Ave #6366, Covina, CA 91723, USA.  If you are using GeneCards Suite Products on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us unless specifically authorized in the separate agreement. If you do not want to enter into this Agreement, do NOT register, access, view, download or otherwise use any GeneCards Suite Products.

2. Your Obligations

2.1. Applicable laws and this Agreement

Some promises you make to us in this Agreement

You will follow the law and GeneCards Suite Products’ rules.

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

GeneCards Suite Products DON’Ts; LifeMap Products and Services’ Privacy Policy.

2.2. Service Eligibility

You are eligible to enter into this contract and you are at least our “Minimum Age”. The information you provide is truthful.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the GeneCards Suite Products, or not otherwise prohibited from having a GeneCards Suite Products account, (3) are not a competitor of LifeMap or GeneCards Suite Products or are not using the GeneCards Suite Products for reasons that are in competition with LifeMap or GeneCards Suite Products; (4) will only maintain one GeneCards Suite Products account at any given time; (5) will use your real name and only provide accurate information to GeneCards Suite Products; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of GeneCards Suite Products or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for GeneCards Suite Products to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not intended for use by children under the age of 13.

2.3. Your Registered User Information

You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Service.

If you decide to register with us, the profile you create on GeneCards Suite Products will become part of GeneCards Suite Products and is owned by LifeMap. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your GeneCards Suite Products account to another party; and (5) not charge anyone for access to or use of any portion of GeneCards Suite Products, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact our support staff at support@lifemapsc.com. Further, it is your responsibility to keep your GeneCards Suite Products profile information accurate and updated.

2.4. Indemnification

You will pay us for any losses that you cause.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, and (2) any activity in which you engage on or through GeneCards Suite Products.

2.5. Notify us of acts contrary to the Agreement

If you think you have to breach this Agreement, you will let us know beforehand.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.6. Notifications and Service Messages

You are okay with us providing you with important notices on the website or via email. The contact information you provide must be accurate or you may not receive important notices.

For purposes of service messages and notices about the GeneCards Suite Products, LifeMap may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from LifeMap to an email address associated with your account, even if we have other contact information. You also agree that LifeMap may communicate with you through the email provided in your GeneCards Suite Products account or through other means about your GeneCards Suite Products account or services associated with GeneCards Suite Products. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

2.7. Privacy

You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.

You should carefully read our full Privacy Policy before using GeneCards Suite Products as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, to us is voluntary on your part and that GeneCards Suite Products may process such information, within the terms of the Privacy Policy.

2.8. Export Control

You won’t break export laws.

Your use of GeneCards Suite Products, including the software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

2.9. Tracking

You agree to accept certain tracking

LifeMap and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to your visits to our site. LifeMap uses data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics and uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet. You may use the Google Ads Settings – https://www.google.com/settings/ads in order to opt-out of Google Analytics for Display Advertising and customize other Google Display Network ads.

3. Your Rights

If you follow this agreement, we grant you a limited right to use GeneCards Suite Products. You will only access and use GeneCards Suite Products in the way this agreement allows you.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed below, we grant:

(i) To users from academic non-profit institutions – a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the GeneCards Suite Products, through a generally available web browser, mobile device or GeneCards Suite Products authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of LifeMap), to view information and use the GeneCards Suite Products that we provide on GeneCards Suite Products webpages and in accordance with this Agreement and for internal use only. Internal use is defined as analysis and research and development intended for use solely for the benefit of the Registered User and not for use for any third party, unless specifically authorized by LifeMap. For the avoidance of doubt internal use does not include providing reports, output of GeneCards Suite Products to third parties, or other derivative works. (ii) In order to access and use GeneCards Suite Products, you must obtain a license by paying applicable licensing fees to LifeMap.  By accessing and using GeneCards Suite Products or related information without LifeMap’s prior approval, you agree to be bound by these Terms of Use and pay any related fees stipulated on our website relating to the used GeneCards Suite Products.  [For information on obtaining a customer license to access and use GeneCards Suite Products, please contact sales@lifemapsc.com.  LifeMap may provide a restricted use, free trial to each of the GeneCards Suite Premium Tools for a limited period of time to be determined solely by LifeMap (the “Free Trial”). THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF LIFEMAP AND MAY BE MODIFIED AT ANY TIME. IF A FREE TRIAL IS PROVIDED IT WILL BE PROVIDED ONCE AND ONLY UPON YOUR FIRST USE OF THE GENECARDS SUITE PREMIUM TOOLS. THE FREE TRIAL IS NOT PROVIDED UPON SUBSEQUENT REGISTRATION. Upon completion of the Free Trial, access to the GeneCards Suite Premium Tools will terminate until and unless you select and agree to purchase a Subscription Plan for continued use of the GeneCards Suite Premium Tools.

Any other use of GeneCards Suite Products contrary to our mission and purpose and/or to use information gathered from GeneCards Suite Products commercially unless expressly authorized by LifeMap is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GeneCards Suite Products (other than those in certain specific GeneCards Suite Products – see specific product Terms of Use) and all related items, including any and all copies made of the GeneCards Suite Products website.

4. Our Rights & Obligations

4.1. Services Availability

We may change or discontinue GeneCards Suite Products.

For as long as LifeMap continues to offer the GeneCards Suite Products, LifeMap shall provide and seek to update, improve and expand the GeneCards Suite Products. As a result, we allow you to access GeneCards Suite Products as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue GeneCards Suite Products, partially or entirely, or change and modify prices prospectively for all or part of the GeneCards Suite Products for you or for all our Registered Users in our sole discretion. All of these changes shall be effective upon their posting on GeneCards Suite Products or by direct communication to you unless otherwise noted.

4.2. Links to Third Party Sites

Third parties may offer their own products and services through GeneCards Suite Products, and we are not responsible for these third-party activities.

GeneCards Suite Products may include links to third party web sites (“Third Party Sites”). You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. LifeMap is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. If you decide to use Third Party Sites or you do so at your own risk and that this Agreement does not apply to your use of any Third Party Site.

4.3. Disclosure of User Information

You agree that we can use, store, and share information about you as permitted in our Privacy Policy.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Registered User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of GeneCards Suite Products, our Registered Users or the public. Disclosures of Registered User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. Intellectual Property Notices

We are providing you notice about our intellectual property rights.

The GeneCards Suite Products includes all copyright and Intellectual property rights and except for the limited license granted to you in Section 3, LifeMap reserves all of its intellectual property rights in the GeneCards Suite Products, other than those in certain specific GeneCards Suite Products – see specific product Terms of Use.

GeneCards Suite Products, the GeneCards Suite Products logos and other GeneCards Suite Products trademarks, service marks, graphics, and logos used in connection with GeneCards Suite Products are trademarks or registered trademarks in the U.S. and/or other countries. Other trademarks and logos used in connection with GeneCards Suite Products may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

5. Disclaimers

We, and our Licensor (Yeda and WIS) disclaim any legal liability for the quality, safety, or reliability of GeneCards Suite Products.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GENECARDS SUITE PRODUCTS OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GENECARDS SUITE PRODUCTS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. LIFEMAP, YEDA AND WIS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GENECARDS SUITE PRODUCTS OR ANYTHING RELATED TO GENECARDS SUITE PRODUCTS, YOU MAY CLOSE YOUR GENECARDS SUITE PRODUCTS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE, YEDA AND WIS NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. LIFEMAP DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, LIFEMAP, YEDA AND WIS DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. LIFEMAP, YEDA AND WIS DO NOT GUARANTEE THAT THE GENECARDS SUITE PRODUCTS IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE GENECARDS SUITE PRODUCTS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. LIFEMAP, YEDA AND WIS DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, LIFEMAP, YEDA AND WIS DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GENECARDS SUITE PRODUCTS DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

GENECARDS SUITE PRODUCTS ARE FOR RESEARCH USE ONLY, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT FOR USE IN DIAGNOSTIC PROCEDURES. THE INFORMATION PROVIDED ON OR BY GENECARDS SUITE PRODUCTS, SUCH AS RESULTS, TEXT, GRAPHICS, IMAGES, ETC IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS NOT TO BE CONSTRUED AS MEDICAL CARE, DIAGNOSTIC OR MEDICAL ADVICE, DOES NOT CREATE ANY PATIENT-PHYSICIAN RELATIONSHIP AND IS NOT A REPLACEMENT FOR MEDICAL CARE GIVEN BY PHYSICIANS OR TRAINED MEDICAL PERSONNEL.

6. Limitation of Liability

LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither LifeMap nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“LifeMap Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the GeneCards Suite Products. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

• Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
• Not apply to any damage that GeneCards Suite Products may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

7. Termination

7.1. Mutual rights of termination

We can each end this Agreement anytime we want.

You may terminate this Agreement, for any or no reason, at any time, with notice to LifeMap pursuant to Section 9.2. This notice will be effective upon LifeMap processing your notice. [LifeMap may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your GeneCards Suite Products account includes disabling your access to GeneCards Suite Products and may also bar you from any future use of GeneCards Suite Products.

7.2. Misuse of the Services

LifeMap may restrict, suspend or terminate the account of any Registered Users who abuses or misuses the GeneCards Suite Products. Misuse of the GeneCards Suite Products includes  scraping, spidering and/or crawling GeneCards Suite Products; creating multiple or false profiles; using the GeneCards Suite Products commercially without authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that LifeMap, in its sole discretion, deems contrary to its purpose.

7.3. Effect of Termination

Upon termination of your GeneCards Suite Products account, you lose access to the GeneCards Suite Products. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).

8. Dispute Resolution

8.1. Law and Forum for Legal Disputes

In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access GeneCards Suite Products, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and LifeMap agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in California, except as otherwise agreed by the parties.  You and LifeMap agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims. Notwithstanding the above, you agree that LifeMap shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

9. General Terms

9.1. Severability

Here are some important details about how to read the Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. Notices and Service of Process

In addition to Section 2.6. (“Notices and Service Messages”), we may notify you via postings on GeneCards Suite Product sites. You may contact us via email at support@lifemapsc.com or via mail or courier at: LifeMap Sciences, Inc. 1301 Bay Harbor Parkway, Suite 100, Alameda, CA 94502.  Additionally, LifeMap accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

9.3. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and LifeMap regarding the GeneCards Suite Products and supersedes all prior agreements and understandings (other than any Commercial License Agreement), whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GeneCards Suite Products, third-party content or third party software.

9.4. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting on GeneCards Suite Products or notifying you otherwise. For example, we may present a banner on the GeneCards Suite Products when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.5. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any LifeMap Affiliate shall be deemed legally binding on any LifeMap Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of LifeMap.

9.6. No Injunctive Relief

You waive your rights to try to stop GeneCards Suite Products, but we don’t waive our rights to ask a court to stop your actions.

9.7. Assignment and Delegation

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the GeneCards Suite Products, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the GeneCards Suite Products or any content or other material used or displayed through the GeneCards Suite Products.

9.8. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. GeneCards Suite Products “Don’ts”.

As a condition to access GeneCards Suite Products, you to not undertake the following:

1. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
2. Create a Registered Users profile for anyone other than a natural person;
3. Upload, transmit or otherwise make available or initiate any content that:
   1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current position, or misrepresents your affiliations with an entity;
   2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
   3. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   4. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
   5. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of GeneCards Suite Products or any user of GeneCards Suite Products; or
   6. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the GeneCards Suite Products
4. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on GeneCards Suite Products except as permitted in this Agreement;
5. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the GeneCards Suite Products, or any part thereof;
6. Utilize or copy information, content or any data you view on or obtain from GeneCards Suite Products to provide any service that is competitive, in LifeMap’s sole discretion, with GeneCards Suite Products;
7. Adapt, modify or create derivative works based on GeneCards Suite Products or technology underlying the GeneCards Suite Products;
8. Rent, lease, loan, trade, sell/re-sell access to GeneCards Suite Products or any information therein, or the equivalent, in whole or part;
9. Remove any copyright, trademark or other proprietary rights notices contained in or on GeneCards Suite Products, including those of both LifeMap and any of its licensors;
10. Remove, cover or otherwise obscure any form of advertisement included on GeneCards Suite Products;
11. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from GeneCards Suite Products except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
12. Infringe or use GeneCards Suite Products’ brand, logos or trademarks;
13. 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 GeneCards Suite Products sites;
14. Use bots or other automated methods to access GeneCards Suite Products unless specifically authorized to do so by LifeMap;
15. Access, via automated or manual means or processes, GeneCards Suite Products for purposes of monitoring GeneCards Suite Products’ availability, performance or functionality for any competitive purpose;
16. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of GeneCards Suite Products’ website;
17. Attempt to or actually access GeneCards Suite Products by any means other than through the interfaces provided by LifeMap using a web browser. This prohibition includes accessing or attempting to access GeneCards Suite Products using any third-party service;
18. Attempt to or actually override any security component included in or underlying GeneCards Suite Products;
19. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on GeneCards Suite Products’ infrastructure, including, but not limited to, sending unsolicited communications to other Registered Users or GeneCards Suite Products personnel, attempting to gain unauthorized access to GeneCards Suite Products, or transmitting or activating computer viruses through or on GeneCards Suite Products; and/or
20. Interfere or disrupt LifeMap or the GeneCards Suite Products, including, but not limited to, any servers or networks connected to GeneCards Suite Products, or GeneCards Suite Products’ search algorithms.

GeneCards Premium Tools – Terms and Conditions

1. Registration

In order to access the GeneCards Suite Premium Tools, You must register to create a GeneCards Suite account (“Account”). During the registration process, You will be required to provide certain information and You will establish a password. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your GeneCards Suite Premium Tools account to another party; and (5) not charge anyone for access to any portion of GeneCards Suite Premium Tools, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact our technical support at support@lifemapsc.com.

2. Trial Access to GeneCards Suite Premium Tools

LifeMap may provide a restricted use, free trial to each of the GeneCards Suite Premium Tools for a limited period of time to be determined solely by LifeMap (the “Free Trial”). THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF LIFEMAP AND MAY BE MODIFIED AT ANY TIME. IF A FREE TRIAL IS PROVIDED IT WILL BE PROVIDED ONCE AND ONLY UPON CUSTOMER’S FIRST USE OF THE GENECARDS SUITE PREMIUM TOOL. THE FREE TRIAL IS NOT PROVIDED UPON SUBSQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES. Upon completion of the Free Trial, access to the GeneCards Suite Premium Tool will terminate until and unless the Customer selects and agrees to purchase a Subscription Plan for continued use of the GeneCards Suite Premium Tool.

3. Purchase

Upon selection and purchase, access to the GeneCards Suite Premium Tool for which a Subscription Plan was purchased will be provided in accordance with the terms of the specific Subscription Plan selected by the Customer. A Subscription Plan means all the subscription plans selected by the Customer in connection with the purchase of the use of the GeneCards Suite Premium Tools. LifeMap posts the available subscription plans and the specific use of each GeneCards Suite Premium Tool provided by each subscription plan on its websites, as they may be updated by LifeMap from time to time.

4. Licenses and Data

Subject to Customer’s purchase of a subscription and compliance with the terms and conditions of this Agreement, LifeMap grants to Customer a limited, non-exclusive, non-transferable, license to access and use the GeneCards Suite Premium Tools solely for its research or internal use only for the duration of the subscription. Internal use is defined as analysis and research and development intended for use solely for the benefit of the Customer and not for use for any third party, unless specifically authorized by LifeMap. For the avoidance of doubt, internal use does not include integrating GeneCards Suite data into other commercial software tools, providing reports or outputs of the GeneCards Suite Premium Tools to third parties, or other derivative works.

5. GeneALaCart Academic License Restrictions

For the purposes of these Terms of Use, an “Academic User” refers to an individual who is affiliated with an academic or research institution and has licensed GeneALaCart for non-commercial research purposes.

By acquiring an Academic license to GeneALacart, the Academic User is granted a non-exclusive, non-transferable, limited license to use data from GeneALaCart solely for individual research purposes.

The Academic User may share the downloaded data exclusively within their immediate research group. Sharing of data beyond the individual’s immediate research group, including but not limited to, other departments, faculties, or external collaborators, is strictly prohibited unless explicit written permission is obtained from LifeMap Sciences.

Under no circumstances may the Academic User distribute or otherwise disclose the downloaded data to any third party, in whole or in part, without obtaining prior explicit written permission from LifeMap sciences.

GeneALaCart users are expressly prohibited from using any downloaded data for training, validating, or implementing artificial intelligence (AI) or machine learning (ML) algorithms or models without obtaining prior explicit written permission from LifeMap Sciences.

Any violation of these terms may result in immediate termination of the Academic User’s access to GeneALaCart, potential legal action, and any other remedies available under law.

Should the data from GeneALaCart be used in any research work, acknowledgment to GeneCards and, where applicable, citation of relevant publications, is mandatory.

6. Term and Termination

This Agreement will commence upon the acceptance of the Free Trial or purchase of a subscription to any GeneCards Suite Premium Tool.  This Agreement shall continue from the Start Date through the term specified by the Subscription Plan (the “Term”). At the end of the Term, this Agreement will automatically renew on the day following the last day of the Term and will automatically renew thereafter on the first day of each renewal period as specified by the Subscription Plan, unless either party terminates in accordance with the terms of this Agreement. Single query purchases for any GeneCards Suite Premium Tools do not automatically renew.

Either party may terminate this Agreement at any time during the Free Trial. After the Start Date, Customer may terminate this Agreement for any reason by cancelling the subscription plan. Notwithstanding the foregoing, either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement and fails to remedy such breach within ten (10) business days after receipt of a written notice of any such breach, or if such breach cannot be remedied within that period of time, fails to demonstrate to the satisfaction of the non-breaching party that it is taking steps reasonably necessary to remedy the breach.

7. Fees

Customer will pay to LifeMap fees in connection with the Subscription Plan selected by Customer to use the GeneCards Suite Premium Tools (“Subscription Fees”). Thereafter, Subscription Fees for Customer’s use of the GeneCards Suite Premium Tools shall be as described and/or as selected by Customer via the GeneCards Suite Premium Tools Website in connection with purchase to use the GeneCards Suite Premium Tools. All Subscription Fees are due at the beginning of each subscription term as specified in the Subscription Plan and LifeMap will charge the method of payment Customer provides via the GeneCards Suite Premium Tools in the amount of the Subscription Fees in connection with the Subscription Plan that Customer selects. Subscription Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on LifeMap’s net income.

8. Refunds

Generally, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

9. Support Services

LifeMap will use its reasonable business efforts to ensure that the GeneCards Suite Premium Tools operate continuously except for reasonable service interruptions or regularly scheduled maintenance. LifeMap further agrees that it will use its reasonable business efforts to prevent and/or rapidly respond to and remedy any interruption to the operation of the GeneCards Suite Premium Tools caused by third parties from unlicensed use, viruses, malicious code, denial of service attacks, or other external tampering with the GeneCards Suite Premium Tools. HOWEVER, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, LIFEMAP MAKES NO OTHER WARRANTY REGARDING THE OPERATION OF THE GENECARDS SUITE PRODUCTS.

LifeMap will provide support to Customer related to the GeneCards Suite Premium Tools for the duration of this Agreement. Support services may include the following: (i) assistance with the proper use of the GeneCards Suite Premium Tools, and (ii) programming to correct any demonstrated errors in the GeneCards Suite Premium Tools necessary to enable the GeneCards Suite Premium Tools to operate reasonably.

Customer will promptly report any errors in the operation of the GeneCards Suite Premium Tools to LifeMap and will not take any actions that would increase the severity of the error. Customer will use the GeneCards Suite Premium Tools solely as described herein. In the event that Customer violates any of the requirements of this Section, LifeMap will have no responsibility to provide Support.

10. LIMITATIONS ON USE

Only the owner of an account identified by a user name or password may access a Service using that acocunt, unless specifically authorized by LifeMap.

11. DISCLAIMER

GENECARDS PREMIUM TOOLS ARE FOR RESEARCH USE ONLY, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT FOR USE IN DIAGNOSTIC PROCEDURES. THE INFORMATION PROVIDED ON OR BY GENECARDS PREMIUM TOOLS, SUCH AS RESULTS, TEXT, GRAPHICS, IMAGES, ETC IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS NOT TO BE CONSTRUED AS MEDICAL CARE, DIAGNOSTIC OR MEDICAL ADVICE, DOES NOT CREATE ANY PATIENT-PHYSICIAN RELATIONSHIP AND IS NOT A REPLACEMENT FOR MEDICAL CARE GIVEN BY PHYSICIANS OR TRAINED MEDICAL PERSONNEL.