PROGENE

Test Kit Terms & Conditions

A. Progene TestKit Terms of Service
Effective Date: March 1, 2012

B. Terms Of Service
Thank you for choosing to participate in Progene’s TestKit program. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Service- TOS") by which Progene Healthcare, Inc. (referred to herein as "Progene", "us" or "we") offers products, services, or information (our “Services”). Please review these TOS and conditions stated herein related to Progene Testosterone Test Kits and the resulting Sample Information (referred to herein as “Sample Information”). Please print a copy of these TOS for your future reference.

These Terms of Use are a legally binding agreement made by Progene and you, personally and if applicable, on behalf of the entity for whom you are using this website (collectively “you”). Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. If you have questions; please contact our Customer Care Center at 866-776-4363 or by emailing us at info@Progene.com.

BY ACCESSING OR USING ANY PART OF THIS WEBSITE DIRECTLY OR INDIRECTLY, BY PHONE, OR BY SUBMITTING AN ORDER, YOU ARE ENTERING INTO A LEGAL COMMERCIAL CONTRACT AND YOU CERTIFY THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL THE TERMS & CONDITIONS THAT GOVERN YOUR USE OF THE SITE, THE PRODUCTS SOLD ON IT AND ANY SUBSCRIPTIONS YOU CHOOSE TO ENROLL IN. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE, SERVICE OR PURCHASE PRODUCTS FROM OR ENROLL IN THE PROGRAMS OFFERED HEREIN.

C. Definitions
i. "Progene" means Progene Healthcare Inc

ii. "Progene Research" means scientific research that Progene performs with the intent to publish in a peer-reviewed scientific journal. Progene Research only uses Sample and Self-Reported Information from users who have given consent according to the applicable Consent Document. Progene Research activities do not include R&D.

iii. "R&D" means research and development activities performed by Progene on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.

iv. "Service" or "Services means Progene's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user online or by phone interactive-voice-response, regardless if the use is in connection with an account or not.

v. "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Progene collects and stores the following types of Personal Information:

• "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).
• "Sample Information" consists of the results from your Test. Sample Information is generated when you purchase Progene's Service and your saliva sample is analyzed and processed or you otherwise contribute or access your Sample Information through our Services.
• "Self-Reported Information" includes information you provide to us, including but not limited to information about your lifestyle, health conditions (e.g. high blood pressure), other health-related information (e.g. pulse rate, cholesterol levels, visual acuity), ethnicity, and/or other qualitative personal observations about your body or experiences with Progene. We collect this information from you, if and when you enter the information into surveys, forms, or features while signed in to your account. Self-Reported Information is included in Progene Research only if you have given consent as described in the applicable Test Kit Study and Consent document.
• "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Sample Information and Self-Reported Information-generated by users of Progene Services and transmitted, whether publicly or privately, to or through Progene.
• "Aggregated Sample and Self-Reported Information" is Sample and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.

D. Acceptance of Terms
i. Your use of Progene's Services (excluding any services provided by Progene under a separate agreement or those services specifically defined by its own terms of use) is subject to the terms of the legal agreement between you and Progene set forth in these TestKit Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a saliva sample for hormone extraction and analysis, b) uploading a digital version of your Sample Information and interacting with it on the Progene website, phone system data retrival via interactive voice response, and/or c) creating and using a free Progene account without providing your saliva sample or Sample Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Progene for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Progene will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Progene Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Progene also may offer other services from time to time that are governed by different terms of service.

ii.To the extent of any conflict between these TOS or any other related terms of use in different areas of the Website, or Progene’s Privacy Statement, these Terms of Use shall govern with respect to participation in Progene Services- specifically as it relates to hormone testing. The terms of use for those specific areas and/or site functions shall be governed by those specific terms as it relates to the operation of that area, service or offer.

E. Prerequisites
i. Whether you submit your own saliva sample, a saliva sample for anyone for whom you have legal authority to agree, or otherwise provide your own Sample Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Progene, or (2) 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.

ii. In addition to the conditions above, if you contribute or otherwise provide your own Sample Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.

F. Description of the Services
i. The Services include access to the Progene public website and personal Sample Testing services, including the collection and analysis of your saliva sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of Sample research and technology in use by Progene at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Progene will strive to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Progene provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Progene may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Progene's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Progene when you stop using the Services unless you are requesting closure of your account. Progene assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

ii. In order to use the Services, you may need to obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Progene may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Progene at any time, at Progene's discretion.

G. Risks and Considerations Regarding Progene Services
i. Once you obtain your Sample Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or in the future, will be welcome or positive. You should also understand that, in order for you to assess, interpret or diagnose the meaning of your results, you may need to obtain further services from Progene or from your physician or other health care provider.

ii. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and may have the potential to alter your life or worldview. You may discover things about yourself that are troubling and that you may need to seek additional, professional medical advice. You agree that the intent of these tests are for your INFORMAIONAL PURPOSES ONLY and not to be used for any conclusive diagnostic purposes. Any unintended consequence of this information is borne solely at your own risk and by participating, you are choosing to voluntarily discover more about yourself. You understand that Progene bears no responsibility to provide you medical or psychological care regardless of your test results. We recommend that you talk to your physician for additional interpretation of results.

iii. The laboratory may not be able to process your sample, and the laboratory process may result in errors. We attempt to ensure that your Sample Information is complete and accurate; however, Sample Information may contain typographical errors, other errors or inaccuracies. Additionally, the laboratory may not be able to process your sample if you do not provide enough saliva, the samples are contaminated, the samples were incorrectly collected, you provide insufficient samples or the results from processing do not meet our standards for accuracy. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur and/or if the samples provided were insufficient, incomplete or contaminated.

iv. You should not change your health behaviors solely on the basis of information from Progene. Make sure to discuss your Sample Information with a physician or other health care provider before you act upon the Sample Information resulting from Progene Services. You agree that Sample Information is not considered conclusive and that Sample Information is not to be used for diagnosing or treating any medical conditions.

v. Sample Information you share with others could be used against your interests. As with any personal information, you should be careful about sharing your Sample Information with others. How others may use this information is not known and if you share this, you do so at your own risk. You may want to consult a lawyer to understand the extent of legal protection of your Sample Information before you share it with anybody. Furthermore, Sample Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Sample Information that you share with family, friends or employers may be used against your interests. Even if you share Sample Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.

vi. Progene Services are for research, informational, and educational use only. We do not provide medical advice. The Sample Information provided by Progene is for research, informational, and educational use only. This means two things. First, any findings that we may report have not been clinically validated, and the technology we use, which is the same technology currently used by the research community, may continue to evolve. Second, the sample collection process is not under our control and conducted by a wide range of individuals who may or may not follow instructions accurately or consistently across the test population. As a result of the current state of Sample knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. Reliance on any information provided by Progene, Progene employees, others appearing on our website at the invitation of Progene, or other visitors to our website is solely at your own risk.

vii. THE INFORMATION CONTAINED IN THE WEBSITE OR ACCESSED BY PHONE DIRECTLY OR BY INTERACTIVE VOICE RESPONSE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL.

viii. You should not use the information available on or through the Service (including, but not limited to, information that may be provided on the Website by healthcare, nutrition professionals, Progene Pros or other endorsers employed by or contracted with Progene or voluntarily writing product reviews on Website) for diagnosing or treating a health problem or disease, or prescribing any medication. You agree that nothing on this website, the Service, Sample Information, product packaging or labeling shall be construed as medical or health care advice.

ix. Statements and information provided, found on Website, product labels, marketing materials, Services, discussed by agents, presented by retailers, or Sample Information have not been evaluated by the Food and Drug Administration. The Services are not intended to diagnose, treat, cure, or prevent any disease and Sample Information shall not be constituted as medical or health care advice. As a non-supervised, self-conducted test, results will absolutely vary. Read carefully all product packaging and information prior to use. We disclaim any and all liability for any negative results, unintended, unanticipated or unforeseen effects that may be experienced from use of this product or services offered.

x. PHYSIOLOGICAL ISSUES ADDRESSED BY SERVICES ARE NOT DISEASES AND CONSIDERED NATURAL EVENTS THAT OCCUR WITH AGE.

xi. While our labs are licensed in Minnesota as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for Sample testing conducted for health and disease-related purposes. In addition, there may be certain jurisdictions in which we cannot offer our Services because we do not have required licenses and/or as legislation changes, new laws may require different licensing that have not yet been contemplated.  Notwithstanding this, you agree that your choice to utilize our Services are by your own decision and that you agree to abide by any required, local requirements.

xii. YOU ACKNOWLEDGE THAT ALTHOUGH PROGENE MAKES COMMERCIALLY REASONABLE EFFORTS WITH ENCRYPTION TECHNOLOGIES TO HELP SECURE COMMUNICATIONS, NO WEBSITE IS 100% SECURE AND AS A RESULT, YOU ULTIMATELY ASSUME THE RISK OF ANY DAMAGE OR LOSS AS A RESULT OF TRANSMITTING ANY INFORMATION THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IDENTIFY THEFT, CREDIT CARD FRAUD, CREDIT CARD LOSS OR LOSS AND/OR PUBLIC DISCLOSURE OF SAMPLE INFORMATION.

H. User Representations: By accessing Progene Services, you agree to, acknowledge, and represent as follows:
i. You understand that a test purchased from Progene and the information you may learn from Progene does not constitute the practice of medicine or to be considered medical advice and will not diagnose, prevent, treat, or cure any condition or disease or to ascertain the state of your health and that you understand that the Progene services are intended for research, informational, and educational purposes only. You acknowledge that Progene urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Sample Information. You understand and acknowledge that you will see your personal medical provider for interpretation of test results, diagnosis of disease, and/or medical condition. Any physician recommendations found on Progene's site are only for convenience and may or may not be compensated placements. You agree that final determination of any healthcare provider that you choose to go to, is at your own discretion and ultimately your own decision.

ii. You also agree that the results can be inaccurate through no fault of Progene. You understand the service provided by Progene is a service provided at your request. As an online service you agree that this does not constitute a doctor-patient relationship, where CPT codes, diagnosis codes or provider information in order to file insurance claims do not apply.

iii. You give permission to Progene, its contractors, successors and assignees to perform Sample Testing services on the hormone levels extracted from your saliva sample and to disclose the results of analyses performed to you and to others you specifically authorize.

iv. You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Sample Information.

v. You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.

vi. If you are a customer providing a saliva sample from outside the U.S. or in a jurisdiction where we cannot provide our Services, you confirm that this act is not subject to any export ban or restriction in the country in which you reside and assume any liability, taxes, or tariffs, that may be associated (if any) and that you certify that if there are licensing requirements, that you have obtained all necessary permits or have obtained all necessary rights to do so.

vii. You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country or jurisdiction in which you reside.

viii. are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.

ix. You are aware that some of the information you receive may provoke strong emotion and are solely responsible for any unanticipated, unforeseen or unintended emotional reaction from such information.

x. You take responsibility for all possible consequences resulting from your sharing with others access to your Sample Information and your Self-Reported Information.

xi. You understand that all your Personal Information will be stored in Progene databases and will be processed in accordance with the Progene Test Kit Privacy Statement and the relevant terms of Progene's website Privacy Statement.

xii. Waiver of Property Rights: You understand that by providing any sample, having your Sample Information processed, accessing your Sample Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Progene 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 Sample Information or Self-Reported Information.

xiii. 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 Progene 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 and indemnify Progene and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

xiv. By agreeing to the testing, you and/or your physician responsible for the test order are requesting that access to the test results be provided to you, the participant, directly.

I. Account Creation, Customer Account, Password, and Security Obligations
i. 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 Progene has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Progene 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).

ii. After you have purchased our Service, you will create a password and account designation and/or be provided a PIN (Personal Identification Number) known only to you. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Progene's website or phone system IVR through your username and password, you will defend and indemnify Progene and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Progene of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Progene cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

iii. In this section, password may be a password that you create or a PIN (personal identification number) that we assign to you upon account creation. Username may be a username that you create or the unique barcode test ID number that you use to access your test results.

J. Progene Privacy Statement and Disclosure of Information
i. In order to use the Services, you must first acknowledge and agree to the Test Kit Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Progene for any Service; or by (2) actually using the Services.

ii. You acknowledge and agree that Progene personnel have the right to monitor any use of its systems, access your data, and maintain copies of such data for internal use at any time. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Progene Services, website, or other systems. If you have given consent for your Sample Information and Self-Reported Information to be used in Progene Research as described in the applicable Consent Document, we may include your information in the Aggregated Sample Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. Progene may also include your information in Aggregated Sample and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. Progene will never release your individual-level Sample Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that Progene is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Progene may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Progene TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Progene, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Progene may, in its sole discretion, restrict access to the website for any reason.

iii. Please refer to our Privacy Statement to read about data protection related to your information. See our complete Test Kit Privacy Statement here.

K. Limited License
i. You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Progene, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

ii. You acknowledge that the Services content presented to you as part of the Services, whether original Progene Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Progene and/or the sponsors who provide that content to Progene (or by other persons or companies on their behalf).

L. Customer Conduct - Unlawful and Prohibited Use
i. As a condition of your use of the Services, you warrant to Progene that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. 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: (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, 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 Progene, 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 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); (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 Progene or any other party; (8) harm minors 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, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (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 these Terms of Service, 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 Progene; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

ii. You acknowledge and agree that you are solely responsible for (and that Progene has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Progene may suffer) of any such breach. In case of breach of any one of these agreements Progene 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 and indemnify Progene and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

iii. If you violate the terms of this Section and/or Progene has a reasonable ground to suspect that you have violated the terms of this Section, Progene 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).

M. 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 your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, 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 Progene's Services online.

N. Material Posted Through The Service
i. Progene will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Progene content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Progene be liable in any way for any non-Progene 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.

ii. You acknowledge that Progene 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, Progene and its designees shall have the right to remove any content that violates the TOS or is deemed by Progene, 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.

O. Material Provided to Progene - Your Proprietary Rights
i. User Content. Progene does not claim ownership of the User Content you provide to Progene (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Progene, its affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Progene to make such User Content available to other companies, organizations, or individuals with whom Progene has relationships, and to use such User Content in connection with the provision of those services.

ii. You understand that Progene, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Progene to take these actions. You represent and warrant to Progene that you have all the rights, power, and authority necessary to grant the above license.

iii. Sample and/or Self-Reported Information. Disclosure of individual-level Sample and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Progene cannot control any further distribution of Sample and/or Self-Reported Information that you share publicly on the Progene website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Progene has no obligation to do so on your behalf.

iv. Your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Sample Information derived from your saliva remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from Progene as a result of having your Sample Information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Sample and Self-Reported Information shared with research partners, including commercial partners.

v. Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Sample Information processed, accessing your Sample Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Progene 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 Sample Information or Self-Reported Information.

P. No Resale of Service
Unless otherwise agreed in a separate agreement between you and Progene, 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.

Q. General Practices Regarding Use and Storage
i. You acknowledge that Progene may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Progene's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Progene has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Sample Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Progene reserves the right to change these general practices and limits in its sole discretion.

ii. You agree that any Sample Information that you want to preserve, you will make effort to retain for your own records in an alternate, safe location that you control.

R. Modifications to Service
i. Progene reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that Progene shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

ii. Software (if any) that you use may from time to time automatically download and install updates from Progene. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Progene to deliver these to you) as part of your use of the Services.

iii. You acknowledge that Progene may offer different or additional technologies to collect and/or interpret Sample Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies for collection or interpretation of your Sample Information without fee, and that you will have to pay additional fees in order to have your Sample Information collected, processed, and/or interpreted using any future or additional technologies.

S. Termination
i. The TOS will continue to apply until terminated by either you or Progene as set out in this Section.

ii. If you want to terminate your legal agreement with Progene, you may do so by notifying Progene at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Progene's address, which is set out at the beginning of the TOS.

iii. Progene may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Progene is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Progene offered the Services to you has terminated its relationship with Progene or ceased to offer the Services to you; (4) Progene is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Progene is, in Progene's opinion, no longer commercially viable.

iv. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Progene shall not be liable to you or any third party for any termination of your access to the Services

T. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Progene have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections (Definitions); (Acceptance of Terms); (Prerequisites); (Description of the Services); (Risks and Considerations Regarding Progene Services); (Representations); (Account Creation, Customer Account, Password and Security Obligations); (Progene Privacy Statement); (Customer Conduct - Unlawful and Prohibited Use); (Export Control and Applicable Laws and Regulations); (Material Posted through the Service); (Material Provided to Progene - Your Proprietary Rights); (No resale of Services); (Termination); (Survival of Terms); (Dealings with Information Providers and Listed Resources); (Hyperlinks and Progene Website); (Progene Proprietary Rights); (Indemnity); (DISCLAIMER OF WARRANTIES); (LIMITATION OF LIABILITY); and (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.

U. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Progene shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

V. Hyperlinks and the Progene Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Progene has no control over such sites and resources, you acknowledge and agree that Progene is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Progene shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

W. Progene's Proprietary Rights
i. You acknowledge and agree that Progene (or Progene's 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 Progene and that you shall not disclose such information without Progene's prior written consent

ii. You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Progene, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Progene and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

iii. Progene Healthcare, Inc., Progene, and other Progene logos and product and service names are trademarks of Progene and these marks together with any other Progene trade names, service marks, logos, domain names, and other distinctive brand features are the "Progene Marks". Unless you have agreed otherwise in writing with Progene, nothing in the TOS gives you a right to use any Progene Marks and you agree not to display, or use in any manner, Progene Marks.

iv. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

v. Unless you have been expressly authorized to do so in writing by Progene, you agree that in using the Services, you will not use any trade mark, 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.

vi. For any Software not accompanied by a License Agreement, Progene grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Progene, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Progene, in the manner permitted by the TOS. Unless Progene has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Progene for use in accessing the Service. Any rights not expressly granted herein are reserved.

X. Indemnity
i. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST PROGENE AND/OR AND OUR PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES), ADVERTISING PARTNERS, AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, MODELS, SPOKESPERSONS, SUCCESSORS, AGENTS, REPRESENTATIVES AND ASSIGNS (REFERRED TO HERERIN AS “PROGENE & AFFILITATES”). YOU AGREE TO HOLD PROGENE & AFFILIATES HARMLESS FROM ANY CLAIM, LOSS OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR SERVICE(S), YOUR CONNECTION TO OUR WEBSITE, YOUR VIOLATION OF THESE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY. THIS INDEMNITY SURVIVES TERMINATION OF THESE TOS.

ii. If you have submitted a saliva sample or otherwise provided your own Sample Information, you will defend and hold harmless Progene, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from Sample Testing your saliva sample and/or analyzing your Sample Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Sample 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 Progene, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Sample and/or Self-Reported Information.

iii. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.)

Y. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
i. YOU EXPRESSLY AGREE THAT WE PROIDE THE WEBSITE, THE PRODUCTS, SERVICES AND S SUBSCRIPTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOU CHOOSE TO USE THE WEBSITE, PRODUCTS OR SERVICES AT YOUR SOLE RISK.

ii. PROGENE & AFFILIATES EXPRESSLY DISCLAIM 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, THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, THE SUBSCRIPTIONS, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS. NOR DOES PROGENE & AFFILIATES MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.

iii. PROGENE MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.

iv. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY.

v. PROGENE AND ITS AFFILIATES MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THE WEBSITE BY YOU DIRECTLY OR INDIRECTLY BY CALLING US AND HAVING US ENTER THE INFORMATION ON YOUR BEHALF.

vi. NO ADVICE, INFORMATION OR AGREEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROGENE OR ANY PERSON ON BEHALF OF PROGENE, OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Z. LIMITATION OF LIABILITY
i. IN NO EVENT WILL PROGENE & AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, SERVICES, SUBSCRIPTIONS OR INFORMATION PROVIDED TO YOU.

ii. YOU AGREE THAT OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY (EXPRESS OR IMPLIED), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE CASH VALUE OF THE LAST AMOUNT PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

iii. YOU AGREE THAT PROGENE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE (DIRECTLY OR INDIRECTLY), EVEN IF PROGENE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR OTHER INTANGIBLE LOSSES.

AA. Miscellaneous
i. Entire Agreement: The TOS constitute the entire agreement between you and Progene and govern your use of the Services, superseding any prior agreements between you and Progene 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

ii. Arbitration: All disputes arising out of or relating to the TOS (including its formation, performance or alleged breach), the Product(s), Services provided, any information contained in this Website or customer concerns whatsoever, all parties agree that this will be exclusively resolved in small claims court or under confidential binding arbitration held in Cincinnati, Ohio before and in accordance with the Rules of the American Arbitration Association instead of any court of general jurisdiction- this includes any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against us in the same proceeding. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. All parties also agree that this affects interstate commerce so that the Federal Arbitration Act and federal arbitration laws apply (despite the choice of law provision below). To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Any arbitration will take place on an individual basis.

iii. Disputes: All disputes relating in any way, directly or indirectly, to Progene for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Cincinnati, Ohio, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Ohio Revised Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Cincinnati, Ohio to enforce these Terms of Use or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

iv. WAIVER OF CLASS ACTION RIGHTS: BY ENTERING INTO THESE TERMS OF SERVICE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCT, SERVICE OR TERMS OF SERVICE MUST BE ASSERTED INDIVIDUALLY AND NEITHER YOU OR PROGENE HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM.

v. Waiver. The failure of Progene 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.

vi. 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.

vii. 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.

viii. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

ix. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect

x. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Progene.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section S (Termination).

xi. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notification, effective upon notice to you, Progene for any third party that assumes our rights and obligations under this Agreement.

xii. Notice: Notices to you may be made via either email or regular mail. Progene 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: Progene, Inc. ATTN: General Counsel. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

xiii. Changes to the Terms of Service: Progene may make changes to the TOS from time to time. When these changes are made, Progene will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Progene will treat your use as acceptance of the updated TOS.

xiv. Violation or Suspected Violation of Terms of Service: If you violate the terms of these TOS and/or Progene has a reasonable ground to suspect that you have violated the terms of these TOS, Progene 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).

xv. Electronic Signatures & Communications: If the Agreement is an electronic contract, then this Section applies in order to set out the legally binding terms of your use of our site, offers, orders and/or programs. You accept the Agreement and the terms, conditions, and notices contained or referenced herein by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you click on the "I Accept" button during enrollment, you also consent to having the Agreement provided to you in electronic form.

You have the right to receive any electronically signed agreement in non-electronic form and may request a non-electronic copy of the Agreement before or after you electronically sign the Agreement by submitting a request to us. You also have the right, at any time, to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use this site, access offers, participate in any programs and/or make purchases, benefit from offers unless and until we issue you a new username and password. We will only issue you a new username and password after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon written request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send a letter and self-addressed, stamped envelope to the address set forth above. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Prior to such effective date, the Agreement electronically signed by and provided to you will remain legally valid and enforceable.