Terms of Service
TERMS OF SERVICE AGREEMENTThis is an agreement between you and Juno Diagnostics, on behalf of yourself or as the legally authorized representative of another person. This agreement is effective on the date you sign below. By signing this document, you understand, acknowledge and agree to the following:
- Terms of Service & Acceptance of Terms
Your use of Juno Diagnostics’ Services is subject to the terms of this agreement, also known as the terms of service (“TOS”). Except as may be otherwise stated in this agreement, the TOS applies to all aspects of your use of the Services, including but not limited to:
- Submitting a blood sample for DNA extraction and processing,
- Uploading a digital version of your Genetic Information and interacting with it on the Juno Diagnostics Websites, and/or
- Creating and using a Juno Diagnostics account without providing your blood sample or Genetic Information.
- Your obligations regarding payment for the Services.
To use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. In addition, when using particular Juno Diagnostics Services, you agree to follow any instructions, guidelines or rules applicable to such services. All such instructions, guidelines or rules are hereby incorporated by reference into the TOS. Juno Diagnostics also may offer other services that are governed by different terms of service. THIS TOS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE CAREFULLY.
“Juno Diagnostics” means Juno Diagnostics™, Inc., having an address at 11760 Sorrento Valley Rd, Suite J, San Diego, CA 92121.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. Juno Diagnostics collects and stores the following types of Personal Information:
- “Genetic Information” is information regarding your DNA or the DNA of your fetus, generated through processing of your blood by Juno Diagnostics or by its contractors, successors, and assignees
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Self-Reported Information” is all information about yourself, including your health-related information, personal traits, ethnicity, family history, and other information that you enter into Juno surveys or forms.
- “Web Behavior Information” is information on how you use any Juno Diagnostics owned websites (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
“Service” or “Services” means Juno Diagnostics’ noninvasive prenatal laboratory tests products, software, services, and websites (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with a Juno account or not.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials (other than Personal Information and Genetic Information) generated by users of Juno Diagnostics Services and transmitted or otherwise shared, whether publicly or privately, to or through Juno Diagnostics.
- Your Obligations
Account Creation, Customer Account, Password, and Security Obligations. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update 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 Juno Diagnostics has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Juno Diagnostics 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).
Test kits are sealed and can not be returned after shipment Test kits purchased by patients from Juno Diagnostics are sealed. Test kits are sealed and cannot be returned after shipment. 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, please see our return and refund policy.
Receipt of Genetic Information. After you have purchased the Service, you may receive Genetic Information from Juno Diagnostics through the Website or through the email address or phone number you have provided. You are responsible for maintaining the confidentiality of the Genetic Information. If you allow third parties to know, access or use the Genetic Information, you will defend and indemnify Juno Diagnostics and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties relating to the Genetic Information. You agree to immediately notify Juno Diagnostics of any unauthorized access or use of your account or Genetic Information. Juno Diagnostics is not liable for any loss or damage arising from your failure to comply with this Section.
Customer Conduct – Unlawful and Prohibited Use. As a condition of your use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by the laws of the jurisdiction where you reside or are located at the time of use. You agree not to use the Services for the purposes of promoting sex selection followed by sex-selective abortion without a medical reason. 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 through any means any materials or information not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) 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, gender identity, gender expression, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Juno Diagnostics, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under the laws of the jurisdiction where you reside or are located at the time of transmission, 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); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Juno Diagnostics or any other party; (8) harm a minor in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) 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; (11) 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; (12) 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; (13) violate the TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Juno Diagnostics; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
Export Control and Applicable Laws and Regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree (1) that providing a blood sample is not subject to any export ban or restriction in the country in which you reside or are located, (2) that a blood sample and data may be transferred and/or processed outside the country in which you reside or are located, and (3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Juno Diagnostics’ Services online.
You acknowledge and agree that you are solely responsible for (and that Juno Diagnostics has no responsibility to you or to any third party for) your obligations, representations, warranties, guarantees, agreements, actions, omissions, and any breach of your obligations, under the TOS and for any consequences (including any loss or damage which Juno Diagnostics may suffer). If you breach any of your agreements under the TOS, Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend, hold harmless, and indemnify Juno Diagnostics and its affiliates against any liability, costs, or damages arising out of your breach.
No Resale of Service. Other than pursuant to the terms of the Limited License in this TOS or unless otherwise agreed in a separate agreement between you and Juno Diagnostics, 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, use of the Service, or access to the Service.
Payment. You agree to pay Juno Diagnostics in accordance with the payment terms set forth in the applicable purchase order or other invoice for Services you request. Any shipping materials or labels provided by Juno Diagnostics are provided at no additional cost and the costs of these materials and labels are included in Juno Diagnostics’ fees for the Service(s).
- Your Representations
By accessing the Services, you agree to, acknowledge, and represent as follows:
- By submitting your own blood sample, or a blood sample for anyone for whom you have legal authority to agree, you are representing that the blood sample you are submitting is the blood sample of a pregnant human between the ages of 18 – 45 with an estimated or confirmed gestational period of between 7 – 40 weeks and that the blood sample is not a (i) a blood sample from a non-pregnant human; (ii) a blood sample from a non-human; or (iii) a blood sample from a male human.
- 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 TOS if under the laws of the jurisdiction in which you are resident or from which you use the Services (1) you are not of legal age to form a binding contract with Juno Diagnostics, or (2) you are a person barred from receiving the Services.
- You understand the Services and the information you learn from Juno Diagnostics are not intended to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health and that Services are intended for informational purposes only and do not, in any way, constitute medical advice or opinion. You acknowledge that Juno Diagnostics urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Genetic Information.
- You take responsibility for all possible consequences, whether anticipated or unanticipated, resulting from your sharing with others information you receive from the Services.
- You understand and agree that your Personal Information will be stored in Juno Diagnostics’ data storage infrastructure.
- Waiver of Property Rights: You understand and agree that by providing any blood or DNA sample, having your Genetic Information processed for the Services, accessing the Services, or providing Self-Reported Information in connection with the Services, you acquire no rights in any products, services, or intellectual property that may be developed by Juno Diagnostics. You specifically understand that you acquire no rights to and will not receive any compensation for commercial products or services developed by Juno Diagnostics even if your Genetic Information or Self-Reported Information was used in such development, product, or service.
- Juno Diagnostics Privacy Statement and Disclosure of Information
- Limited License
You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Juno Diagnostics, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original Juno Diagnostics Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Juno Diagnostics and/or the sponsors who provide that content to Juno Diagnostics (or by other persons or companies on their behalf). Juno Diagnostics grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content marked as not subject to this Limited License on the Websites, provided you: (i) provide the Services content as it appears on the Juno Diagnostics Websites with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: “© Juno Diagnostics, Inc. 2020. All rights reserved; distributed pursuant to a Limited License from Juno Diagnostics”; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Other than the Limited License provided in this paragraph, no other licenses are granted and you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Juno Diagnostics or by the owners of that content, in a separate agreement.
- Genetic and/or Self-Reported Information
- Modifications to Service
You acknowledge that Juno Diagnostics 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 for additional services, including but not limited to having your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
- Survival of Terms
When the TOS come to an end, the provisions of Sections 2, 8, 10, 12, 14, 15, and 16 shall survive.
- Juno Diagnostics’ Proprietary Rights
You acknowledge and agree that Juno Diagnostics (or Juno Diagnostics’ licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which exist 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 Juno Diagnostics and that you shall not disclose such information without Juno Diagnostics’ prior written consent. Juno Diagnostics, Inc., and other Juno Diagnostics logos and product and service names are trademarks of Juno Diagnostics and these marks together with any other Juno Diagnostics trade names, service marks, logos, domain names, and other distinctive brand features are the “Juno Diagnostics Marks”. Unless you have agreed otherwise in writing with Juno Diagnostics, other than through the Limited License in the TOS, nothing in the TOS gives you a right to use any Juno Diagnostics Marks and you agree not to display, or use in any manner, Juno Diagnostics 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 Juno Diagnostics, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUNO DIAGNOSTICS 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. (2) JUNO DIAGNOSTICS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUNO DIAGNOSTICS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. JUNO DIAGNOSTICS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, JUNO DIAGNOSTICS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
- Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JUNO DIAGNOSTICS 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 JUNO DIAGNOSTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR GENETIC INFORMATION SECURE AND CONFIDENTIAL, (d) 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; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. Juno Diagnostics may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Juno Diagnostics, Inc.
11760 Sorrento Valley Rd, Suite J
San Diego, CA 921321
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Juno Diagnostics agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration ; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING, IF PERMITTED BY LAW, YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Juno Diagnostics will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Juno Diagnostics in writing and provided a copy of the arbitration proceedings. However, if Juno Diagnostics is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Juno Diagnostics, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Juno Diagnostics and may not preside over any kind of representative or class proceeding against Juno Diagnostics. You acknowledge and agree that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void and any controversy or claim must be brought exclusively in the state and federal courts in California. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST JUNO DIAGNOSTICS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A JUNO TEST AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE JUNO TEST TO GET A REFUND. IF YOU HAVE PURCHASED A JUNO TEST AT AN ONLINE MARKETPLACE OR RETAIL STORE, YOU MUST RETURN THE JUNO TEST ACCORDING TO THE ONLINE MARKETPLACE OR STORE’S RETURN POLICY. IF YOU HAVE PURCHASED A JUNO TEST BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE JUNO TEST PURSUANT TO OUR RETURN POLICY.
Entire Agreement. The TOS constitute the entire agreement between you and Juno Diagnostics and govern your use of the Services, superseding any prior agreements between you and Juno Diagnostics on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Governing law. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law.
Waiver. The failure of Juno Diagnostics to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of printed version. A printed version of this agreement 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.
Severability Clause. If any portion of this TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Juno Diagnostics may freely assign or delegate all rights and obligations under the TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Juno Diagnostics for any third party that assumes our rights and obligations under the TOS.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to make these representations and agreements. In the event you breach of any one of these representations and agreements, Juno Diagnostics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend, hold harmless, and indemnify Juno Diagnostics and its affiliates against any liability, costs, or damages arising out of your breach.