Terms & Conditions

Last Updated January 6, 2024

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

Welcome to Precision Epigenomics Terms and Conditions of Service (“Terms”). Please take the time to read these Terms carefully.

These Terms make the agreement between Precision Epigenomics (“Precision”) and you. These Terms govern your use and access to Precision’s products, software, services, and this website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”).

Please read the Terms carefully, and any policies, guidelines, or rules applicable to such Services, as they constitute a legal agreement between Precision and you. We also encourage you to review our Privacy Statement https://precision-epigenomics.com/ for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services. Precision will only provide its Services to those who agree to the Terms.

These Terms apply to you if you live in the United States or if you access our Services in the United States.

Requirements for Use of the Services

By using the Services, you represent and warrant to us that you are:

of legal age to form a binding contract with Precision,
agree to these Terms, and
are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them.

You must be a US resident who is 18 years or older to submit a blood sample, although the product is not currently recommended for individuals under age 50. Patients younger than 50, but with elevated risk factors may benefit from testing. Testing is also not recommended for patients younger than 21, those who are pregnant, or those who have an active known malignancy, or are currently being treated for cancer.

Informed Consent

You agree that you are an adult who is able to make medical decisions or a guardian or legal representative of an individual who is unable to make their own medical decisions. Your use of the Services is also subject to Precision’s Informed Consent. You agree that your ordering physician has gone over the Informed Consent with you thoroughly. All such additional terms and policies in the Informed Consent are considered part of these Terms and are incorporated by reference.

Changes to these Terms

At our sole discretion, we may revise and update these Terms and post the updated Terms on our website or written materials. All changes are effective immediately upon posting to our website and will apply to all access to and use of the Services from that point onward. Your continued use of the Services after we post revised Terms means that you acknowledge and agree to the revised Terms.

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion at any time without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.

Ordering the Test

To access the Precision Epigenomics Liquid Biopsy Test, which we call EPISEEK ™ an appropriately licensed medical provider who cares for the patient including MD, DO, DDS, DPM, OD, NP, DC, and PA (“Ordering Provider”) must place an order for EPISEEK™. The test is not available without a proper order from an Ordering Provider.

Precision will only provide results your results to the Ordering Provider through the provider portal. We believe it is best for you to understand the results of the test this way.

Sharing the Results

You understand that we must share your results with the Ordering Provider. You may obtain your results directly from the Ordering Provider. We will not share the results with anyone else. You may request your results be delivered to another healthcare provider by engaging client services at: support@precision-epigenomics.com

Interpreting Test Results

You understand that the health-related interpretations provided by EPISEEK™ are for informational purposes only and are not intended to diagnose or treat any diseases or conditions. You should consult a physician or other qualified health professional before acting on any interpretation.

You further understand that neither Precision nor its employees or consultants can offer individualized medical advice to you beyond what is provided to your Ordering Physician in the provider portal. You acknowledge that Precision does not warrant the accuracy, completeness, timeliness, or usefulness of the content, quality, interpretations, or recommendations of our report or any other information provided through the Services.

EPISEEK™ may return various results. EPISEEK was not designed to detect all malignancies. Not all cancers have enough abnormal DNA circulating in the blood to be detected. While EPISEEK was designed to be sensitive, a “Cancer Signal Not Detected” result does not completely rule out the presence of cancer. Patients who receive a “Cancer Signal Not Detected” result should continue with all standards of care screening options at intervals appropriate for that individual. This means that you should consult with your physician or Ordering Provider to interpret and understand your test results. Even if there is a negative or Cancer Signal Not Detected you should still get regular screening.

As with all screening tests, EPISEEK may report a false positive. EPISEEK was designed to detect early malignancies, there may be a small cancer that cannot yet be detected. You understand that you should work with your Ordering Provider or physician to determine if further testing or additional tests are necessary.

Disclaimer of Warranties

Precision makes its best efforts to collect accurate data, build accurate and useful algorithms, perform accurate blood testing, and offer analysis and reports of high quality. HOWEVER, WE DO NOT

WARRANT THE ACCURACY OR USEFULNESS OF OUR PRODUCTS OR TECHNOLOGIES, NOR DO WE ENDORSE, WARRANT OR GUARANTEE THE ACCURACY OR USEFULNESS OF ANY OF THE TECHNICAL INFORMATION MADE AVAILABLE BY US IN CONNECTION WITH THIS PRODUCT (INCLUDING, WITHOUT LIMITATION, THE TEST REPORT OR PROVIDER REPORTS).

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING EPISEEK™, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. NEITHER PRECISION NOR ANYONE ASSOCIATED WITH PRECISION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PRECISION NOR ANYONE ASSOCIATED WITH PRECISION REPRESENTS OR WARRANTS (i) THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) THAT DEFECTS WILL BE CORRECTED, (iii) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iv) THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR THOSE OF YOUR HEALTHCARE PROVIDER.

PRECISION AND ALL PARTIES ASSOCIATED WITH PRECISION HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

You understand that we cannot and do not guarantee or warrant that content available for downloading from our website or any links provided on our website will be free of viruses or other destructive code. You are responsible for implementing sufficient anti- virus protection to meet your needs. You are also responsible for maintaining a means external to our website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL PRECISION, PRECISION’s AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, OR ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF

GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Precision, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Dispute Resolution

If a dispute arises between you and Precision, you agree to first contact our Medical Director support@precision-epigenomics.com to seek a resolution. If the Medical Director is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:

Such dispute will be resolved through binding arbitration rather than in court.
This arbitration will be administered by the American Arbitration Association (“AAA”).
Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms.
The arbitration will be conducted in the English language.
Any arbitration hearing will be held in Pima County, Arizona.

If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879.

You and Precision both agree that either party may bring suit in court to enjoin infringement or another misuse of intellectual property rights.

You and Precision agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Precision agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If this Section is found to be unenforceable, then this Section will be null and void. In such case, you and Precision agree that the exclusive jurisdiction and venue described in the Section will govern any action arising out of or related to these Terms.

Waiver and Severability

No waiver of these Terms by Precision shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Precision to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and Informed Consent constitute the sole and entire agreement between you and Precision with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Miscellaneous

These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with Arizona law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Precision agree to exclusively litigate such disputes in the state courts located in Montgomery County and the federal courts located in Arizona, and both parties consent to venue and personal jurisdiction in Arizona. You may not assign any of your rights in these Terms, and any such attempt is void. Precision may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services. Precision and you are not legal partners or agents of one another.