Terms of Use

 

Last Modified: August 2, 2019

1. Agreement. This User Agreement (“Agreement”) is a binding agreement between you as the person who has created your user account (referred to as “you” or “your”) and Griffin NX (referred to as “Griffin”, “Griffin NX”, “we”, “us”, or “our”) and that you have read and understood the following terms.
2. Purpose of the Service and Site. Griffin NX operates a service for its members who have established an account and whose account is in good standing (“Members”) to purchase biomarker testing results interpretation and related services which you order online using our website (“Site”), to provide results of the tests.
3. Access to the Services and the Site. Subject to your compliance with the terms of this Agreement, including timely payment of all fees (as described herein), Griffin NX grants you a personal, limited, terminable, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal wellness.

Restrictions on Use.

1. You will not, and will not attempt to:
1. Modify, translate, adapt or otherwise create derivative works or improvements, of the Site or any content or source code;
2. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or any part thereof;
3. Rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Site or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
4. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
5. Upload or introduce any virus or malware to the Site;
6. Interfere with the operation or availability of the Site, or the hardware, software and network(s) used to operate the Site;
7. Sublicense or transfer any of your rights under this Agreement or otherwise use the Services for the benefit of a third party, to operate a service bureau or for resale of the Services;
8. Create or access member’s user accounts using any automated means or under false pretenses;
9. Frame or mirror the Site or reformat it in any way or use deep links;
10. Introduce any keystroke logging or any other monitoring code into the Site; or,
11. Otherwise use the Services or the Site in any manner that exceeds the scope of the access right described above.
2. You may not use the Site to do any of the following:
1. Harass or advocate harassment of another person or entity;
2. Perform any activities that violate any state, local, federal, or international laws or regulations;
3. Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
4. Transmit unsolicited mass mailings, or “spam;”
5. Attempt to collect or use personal information about users or third parties without their consent;
6. Collect or store any information about other users or members, other than in the normal course of using the Site for facilitating voluntary communication among users;
7. Transmit or introduce any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item;
8. Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law; or
9. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

Fees and Payment.

1. You agree to be responsible for the payment of all fees at time of purchase. Once purchase is made there are no cancellations.
2. All fees are as quoted on the Site. We may revise our fees from time to time in our discretion. 
1. No Medical or Health Services. You acknowledge that we are neither a health advisor or a testing lab, and we do not provide medical, health or other professional services or advice, nor do we ourselves perform any testing on your samples. You acknowledge that Griffin NX Licensed Physicians  are not employees of Griffin NX and are not providing services on behalf of Griffin NX, but instead are independent professionals solely responsible for the services each provides to you.
2.  HIPAA Acknowledgment. You understand that we are not a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”). You understand that your Griffin Licensed Physician and the Labs are or may be “covered entities” that are subject to the provisions of HIPAA, so your health information provided to us by a Lab or your Griffin Licensed Physician may be subject to or protected by HIPAA. By agreeing to the Terms of Use, you have provided Griffin NX a HIPAA Privacy Authorization to use our Services. You authorize us to provide this Authorization to the Griffin Licensed Physician and Labs and understand that the Griffin Licensed Physicians and Labs may require you to execute additional documents authorizing their disclosure of your information. You understand that once your information is shared, federal privacy laws may no longer protect it from further disclosure; Griffin Licensed Physician and others you authorize will have access to your information. We will protect your information and use your information only as provided for in this Terms of Use and HIPAA. 

User Accounts.

1. You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services; (iv) promptly report to us any unauthorized use of your login information or the Services of which you become aware; and, (v) ensure that you log out from your account at the end of each session.
2. You are responsible for keeping your account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information.
3. The Site and the Services are intended for access and use by individuals over 18 years of age. You represent and warrant (i) that you are at least 18 years old and reside in a state in the United States in which our Services may legally be provided, and (ii) you are the person whose name and other information have been provided for the Member account that you have or are creating. 

The Services.

1. All Member requests for non-genomic tests are reviewed by a Griffin Licensed Physician. Prescriptions will only be provided to end user after your test is authorized and ordered by a Griffin Licensed Physician. 
2. Members purchase packages that require paying full fees at check out. Depending on if they are purchasing the blood testing or the interpretation the fees will vary. Members complete any required information, which may include medical information, required waivers, consents or authorizations. Failure to provide the required information or to execute the required documents may result in your prescription not being available. You take your completed prescription to one of our designated testing laboratory partners (“Lab”) which performs the testing independent of us. The Lab sends the results of tests directly to us. We provide the test results to you via our Site in an easy to understand format. 
3. When and where available, you may purchase other goods and services from third parties which we may make available to you. We are not responsible, or liable to you or any third party, for the content of accuracy of any materials, goods, or services provided by any third parties.
4. Griffin NX and our associated labs, implement several safeguards to avoid technical errors, however some samples are less viable by the time they reach the lab and may fail analysis. We will make available a replacement prescription if your sample fails.

Feedback You Give Us and Content You Provide.

1. By your submitting, posting, or displaying content of any kind (“User Content”), you (i) represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your User Content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by us and this Agreement, and (ii) give us, our affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, nonexclusive 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 Site, our related websites or by other means. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of Services, in accordance with our HIPAA Privacy Authorization and Consent for Services, if applicable. You acknowledge and agree that all User Content you submit to us, including, but not limited to, feedback data, such as questions, comments, suggestions and any other response is deemed to be nonconfidential. User Content does not include Protected Health Information that you may provide or submit to us when requesting tests or Services.
2. You are responsible for all User Content that you post on our Site. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to our servers.

Assignment and Transfer.

1. You shall not assign, transfer or convey this Agreement or any obligations thereunder without our prior written consent. Any assignment, transfer or conveyance by you in violation of this Agreement shall be of no power or effect.
2. You agree that we may store, transmit, receive, process, and/or access your personal information, including sensitive information, on or from our servers or those of our service providers which may be in or outside of the United States. We use a range of measures to safeguard information but these other countries may have laws that are different from those of the United States. You also consent to your personal information, including sensitive information, being transferred in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition by another company, or other transaction or proceeding. 

Intellectual Property Rights.

1. Ownership of all intellectual property and other rights in the Site, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, as applicable. All Site content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in this Agreement.
2. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our Site may be retransmitted without our express written consent.
3. Griffin NX, Griffin, the logo and the slogans “Test, Don’t Guess” and “We are Griffin”, as well as trademarks we use are trademarks or registered trademarks of Griffin NX, Inc.

DMCA Notification.

1. We respect the rights of intellectual property holders. If you believe that any content on the Site violates this Agreement or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site (including the exact URL);
3. An address, a telephone number, and an e-mail address where we can contact you; A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
4. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,
5. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
2. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Griffin NX designated agent listed below.

Director of Communications. Email: support@GriffinNX.com.

1. We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
2. Third Party Materials. The Site may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Disclaimer of Warranties.

1. THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
2. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT INCLUDED THEREON; (II) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT WE ASSUME NO RESPONSIBILITY FOR ANY CONTENT YOU SUBMIT, UPLOAD, CREATE, OR MAKE AVAILABLE THROUGH THE SITE. 

Limitation of Liability.

1. To the fullest extent permitted by applicable law, in no event will we or our affiliates, or any of our respective licensors or service providers, have any liability arising from or related to your use of or inability to use the site or the services for:
1. Personal injury, property damage, lost profits, cost of substitute goods or services, loss or corruption data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages;
2. Any action you take based on the information you receive in through or from the services;
3. Your failure to keep your password or account details secure and confidential;
4. 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;
5. The improper authorization for the services by someone claiming such authority; statements or conduct of any third party on the services;
6. Direct damages in amounts that in the aggregate exceed the greater of (I) the amount actually paid by you for the services and (ii) one hundred dollars (u.S.). The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or any other theory or cause of action and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages.
2. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
3. We do not guarantee the continuous, uninterrupted or secure access to the site or the services, or any related services. The operation of our site may be interfered with by numerous factors outside our control.
4. Under no circumstances shall we be liable for any damages that result from the use of or inability to use the site, including but not limited to reliance by you on any information obtained from the site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, data, and information submitted to the site.
5. If you are a California resident, you waive California Civil Code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. If you are a resident of a state with protections similar to California Civil Code §1542, you hereby waive such provisions or protections.
1. Indemnification. You agree to indemnify, defend and hold us and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your use or misuse of the Site; (ii) your breach of this Agreement; (iii) any User Content you submit, post to or transmit through the Site or the Service; or, (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.
2. Dispute Resolution. In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then all disputes shall be resolved by binding arbitration in Las Vegas, Nevada, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.
3. Governing Law. All disputes arising out of or relating to the Agreement shall be governed by Nevada law regardless of your country of origin or where you access the Site or the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
4. Equitable Relief. Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

Consent of Services.

1. This consent form (“Consent”) reviews the benefits, risks and limitations of you, as the person who has created a user account (referred to as “you” or “your”), utilizing the Services provided by Griffin NX (referred to as “Griffin NX”, “we”, “us” or “our”). It also explains how your information and sample(s) will be used after performance of the Services. Your sample(s) will not be processed unless you confirm that you have read and understood the contents of this form.
   By clicking on the box, you indicate that this Consent is a binding agreement and that you have read and understood the following terms. Capitalized terms used but not defined in this Consent have the meaning given to them in our other policies.
   By clicking your acceptance, you have chosen to use our Services and have given your informed consent to have your biological sample(s) tested for biomarkers.
2. Voluntary Participation
   Our Services are offered and available to users who are 18 years of age or older and are residents of the United States. Your use of Griffin NX’s Services is voluntary. It is your choice whether to utilize our Services or not. Prior to signing this Consent, you may wish to speak with your healthcare provider for further guidance about our Services.
3. Procedures and Protocol for Griffin NX Tests
   When you create your Account, we will collect some information from you. We cannot perform the Services without collecting information from you but we will only collect information that will assist us in providing the Services that you have requested. In order for the Services to be provided as intended, you must provide accurate and correct information. Failure to provide required information or to execute required documents may result in your sample(s) not being tested.
   You will go to a authorized lab that will collect the biological sample(s) (i.e., blood, saliva, or urine) and tested by one of our designated testing laboratory partners (“Lab”).
   The results of your test(s) will be made available to you confidentially through our Site. We will determine and establish normal ranges for all tests in conjunction with our laboratory partners based on their validation and proficiency testing procedures.
4. Risks
   In order to utilize our Services, you must collect the appropriate sample(s) for the test(s). Some of our tests require a urine sample or a saliva sample; there are no risks associated with collecting urine or saliva samples using the containers provided in our test kit(s). Some of our tests require the collection of a blood sample. Although the risks and discomforts associated with a blood draw are very low, you might be at risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken).
   Disclosing certain information may make you uncomfortable. Our Services include biomarker tests that may reveal sensitive information about your health. This information may be distressing.
   Griffin NX, or the Griffin Licensed Physician who reviews your results, may advise you to have a follow-up visit with your doctor after reviewing the results of your test. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before you utilized our Services. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems. There may also be additional risks of utilizing our Services that are currently unforeseeable.
5. Limitations
   OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE. The information and content provided, including but not limited to text, graphics, images, videos, and other material contained in the Services, are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via our Site. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing in the Services, including but not limited to information provided by Griffin NX or by other users of the Services, is solely at your own risk. By clicking your acceptance, you understand and agree that your results are not intended to be used for any diagnostic purposes and are not a substitute for professional medical advice. You understand that our Services are for information and educational use only; Griffin NX does not provide medical services, diagnosis, treatment, or advice.
   Griffin NX does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, content, services or other information provided through the Services or on the Internet generally. Griffin NX and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your state of residence.
   With all medical tests, there is a chance of a false positive or a false negative result. A false positive result means a biomarker was detected, which is not in fact present. A false negative result means the test failed to identify a biomarker that is in fact present. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors in the laboratory. Some biological factors, such as a history of bone marrow transplants or recent blood transfusions may limit the accuracy of the results or prevent the Services from being completed.
6. Retention and Use of Your Information
   We are subject to multiple laws on the retention of data. Accordingly, we retain any information collected about you for as long as we are required to maintain it for regulatory and compliance purposes or for a legal or business necessity.
   Griffin NX has no obligations or liability regarding the retention of your sample(s). You understand that by providing any sample, having your sample processed, accessing your results, or providing information to us, you acquire no rights in any research or commercial products that may be developed by Griffin NX 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 or information.
   We may incorporate different or additional technologies to test or analyze data in the future. We may, at our sole discretion, choose to test or analyze your data using such technologies. We are not obligated to notify you if we chose to conduct different or additional testing or analysis on your data. Your purchase of our Services does not automatically include any such different or additional technologies. You may have to pay additional fees in order to receive Services using any future or additional technologies or features.
7. Confidentiality
   You agree the Griffin NX is not liable for the unauthorized release of your results or information unless such unauthorized release was the result of gross negligence or willful misconduct on the part of Griffin NX.
8. Withdrawal of Consent
   Your use of Griffin NX’s Services is voluntary. You may choose to withdraw your Consent or to stop using Griffin NX’s Services at any time. Such requests to should be sent to us by email at optout@GriffinNX.com.
   Please note that while any changes you make will be reflected in our databases within a reasonable period of time, we may retain your information in the ordinary course of business, for the satisfaction of our legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. Information that has already been de-identified, anonymized, or aggregated may not be retrievable or traced back for destruction, deletion, or amendment.
9. Legal Agreement
   You give permission for Griffin NX, its representatives, affiliates, staff, agents, and designees to perform the requested Services on the sample(s) you provide and to disclose your information and results. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
10. Contacting Griffin NX
    If you have questions or comments about our Services or this Consent, please contact us by email at support@GriffinNX.com.
1. Miscellaneous. 
2. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
3. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
4. Notices. You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your Member profile on the Site or mobile application.
5. Independent Contractors. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Griffin NX, any of our affiliates or service providers.
6. Entire Agreement. This Agreement, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.