Thank you for choosing Pharmazam, LLC (“Pharmazam, we, us, our”) to provide to you our medication management services (“Services”) offered through our Website, www.pharazam.com (“Website”) or through our mobile application (“Application”). If you choose to receive our Services then you will be required to submit a specimen (“Specimen”) through the use of our DNA Collection Kit (“Collection Kit”), and upon our receipt of the Specimen, we and/or our authorized laboratories will perform pharmacogenetics testing from which the results of the testing (“Results”) will be processed through our proprietary software and information shall be provided to you regarding that when shared with your medical provider will provide your medical provider with greater insight into whether: a medication may be an effective treatment for you, the best dose of a medication for you, and whether you may be exposed to serious side effects from certain medications. (“Report”). The Report is not intended to be used as the sole means for determining which medication is best for you, nor does the Report include all medications in the marketplace, but when presented to your healthcare provider, along with other factors such as your age, lifestyle, other medications you are taking, and your overall health, may be used by your healthcare provider to assist in making the decision as to the best medication for you.
Not Medical Advice. Our Services are not medical advice, and do not provide medical or diagnostic services. The Services provide informational and educational materials to allow you to have an open dialogue with your physician or other health care provider. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding medical conditions and never disregard professional medical advice or delay in seeking the same based on information that you received through our Services. If you are a Registered User (as defined below) and desire to speak with one of our healthcare providers regarding the information that you received through the use of our Services you can do so by contacting 888.972.9331. Although we do not render medical advice, receipt of the Report from us may require you to disclose such information to your insurer, which could impact insurance rates, obtaining disability or life insurance and employment. . The Genetic Information Nondiscrimination Act (GINA), a federal law, provides some protections against genetic discrimination. For information on GINA visit http://www.genome.gov/10002328.
Who is permitted to use the Services or purchase a test kit?
Visitors. Users who access the Website, but do not establish an account with us to become a Registered User (“Visitors”) are only permitted to view the Website and shall not attempt to access or have authorization to use our Services until they become a Registered User.
Prohibited Use of Services
Each Registered User and Visitor shall also be prohibited from: (a) the use of any robot, spider or other automatic device, process or means to access our Services, including the Website, for any purpose, including monitoring or copying any of the Service’s material; or (b) the use any manual process to monitor or copy any of the Service’s materials, including materials on the Website, for any other unauthorized purpose without our prior written consent.
Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any material contained therein is transferred to you, and all rights not expressly granted are reserved by us or our licensors.
All right, title and interest in and to Anonymous Information shall be owned exclusively by us. To the extent that you retain any rights in the Anonymous Information, you hereby assign to us all rights, including intellectual property rights, in and to the Anonymous Information, so that we are the sole and exclusive owners of such information. To the extent that state or local laws prohibits you from assigning ownership rights in such the Anonymous Information, you grant us, our successors and assigns, a royalty- free worldwide, sublicensable, transferrable license to host, transfer, process, analyze, distribute, communicate and use Anonymous Information in perpetuity without any compensation to you, your successors, your heirs or your assigns. If you do not consent to the collection and use of Anonymous Information, then you are prohibited from using the Services.
The Services are for your personal, non-commercial use only. If we provide desktop, mobile or other software applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. You are prohibited from: (a) modifying, translating, adapting, or otherwise creating derivative works or improvements, whether or not patentable, of our proprietary software; (b) reverse engineering, disassembling, decompiling, decoding, or otherwise attempting to derive or gain access to the source code of our proprietary software or any part thereof; (c) removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our proprietary software, including any copy thereof; (d) renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available our proprietary software, or any features or functionality of it, to any third party for any reason, including by making our proprietary software available on a network where it is capable of being accessed by more than one device at any time; or (e) using our proprietary software in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Reliance on Information Posted
The information presented through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and Use of the Services
Online Purchases and Other Terms and Conditions
The purchase of any of our Services, including our Collection Kit, is exclusive of any shipping costs and any state, federal, or local taxes. To the extent that there are any shipping costs associated with your purchase, such costs shall be disclosed to you upon check-out. All prices are stated in U.S. dollars and payment must be in U.S. currency. You shall bear the risk of shipment for all goods purchased from us whether sent from us or returned to us. All sales are final and kit purchases are non-refundable.
Links from the Website
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Florida in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES AND ANY THIRD PARTY LINKS TO OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law & Arbitration
INFORMED CONSENT FOR GENETIC TESTING
General Information Genetic Testing
Genes determine my characteristics, such as eye color and hair color that I inherited from my parents. Some of these genes affects how my body processes certain medications. Genetic testing such as PGx Testing performed on the Specimen that I submit, examines my genes, to provide greater insight into whether: a medication may be an effective treatment for me, the best dose of a medication for me, and whether I could have serious side effects from a certain medication. This information is not intended to be used as the sole means for determining which medication is best for me, nor do the results include all medications in the marketplace, but when presented to my healthcare provider, along with other factors such as my age, lifestyle, other medications I am taking, and my overall health, may be used by my healthcare provider to assist in making the decision as to the best medication for me.
The purpose of the PGx Testing is to obtain information on predicted drug response to medications based on my genetic makeup. Additional information about the specific test being ordered is available at www.pharmazam.com.
What are the Genetic Testing Risks and Limitations?
While genetic testing is highly accurate, there is the possibility of receiving inaccurate results which are attributable to a variety of factors. These factors include: mislabeled Specimens, inaccurate reporting of clinical/medical information, technical error, or your unusual medical history such as bone marrow transplant. In limited instances, we may need an additional Specimen if the initial Specimen is not adequate.
The test performed on your Specimen does not guarantee my health or the health of my child, and it is not designed to detect long-term medical risks that either I or my child might experience.
Genetic Counseling and Confidentiality
It is recommended that I consult with a physician, pharmacist, genetic counselor, and/or health care profession before and after having this test. The Results will only be released: to Pharmazam, the ordering laboratory, or upon my request to me, to persons upon my direction, to my healthcare providers upon my direction, or as required by law. The Report will only be released to: Pharmazam, to me, to persons upon my direction, to my healthcare providers upon my direction, or as required by law.
It is my responsibility to consider the possible impact of my test results as these relate to insurance rates, obtaining disability or life insurance and employment. The Genetic Information Nondiscrimination Act (GINA), a federal law, provides some protections against genetic discrimination. For information on GINA visit http://www.genome.gov/10002328.
FOR TEST ORDERS ORIGINATING IN NEW YORK: Biological sample(s) used to perform this test will be destroyed at the end of the testing process or within 60 days of sample receipt. No tests other than those authorized by the test order will be performed by Pharmazam without my prior consent.