Terms
Welcome, and thanks for your interest in Tiny Health! Tiny offers microbiome analysis for expecting and new mothers and infants. A baby’s microbes, inherited from mom at birth, are vital to the development of the immune system. In this light, Tiny is honored to provide a simple sample collection process, a wealth of actionable data, and personalized opportunities to learn more about the microbiomes of you and your child.
These Terms of Service (hereinafter, the “Terms”) contain important terms, conditions, rights, restrictions, obligations, limitations, and exclusions regarding your use of our Services and Products. Furthermore, the Terms hereby incorporate Tiny’s Privacy Policy by reference in its entirety; any reference to the Terms shall embrace the Privacy Policy.
PLEASE REVIEW THE TERMS VERY CAREFULLY. If you have any questions, feedback, or concerns regarding the Terms, we urge you to contact us at legal@tinyhealth.com before proceeding with the use of our Services or Products.
THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TINY REGARDING YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO YOUR USE OF TINYHEALTH.COM (THE “SITE”) AND ANY PURCHASES AND USES OF PRODUCTS AND/OR SERVICES OFFERED BY TINY. BY ACCESSING AND/OR USING OUR SERVICES AND/OR PRODUCTS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS.
AN IMPORTANT NOTE: THESE TERMS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY WAIVE YOUR RIGHTS TO: (A) SEEK RELIEF IN A COURT OF LAW; (B) HAVE DISPUTES DECIDED BY JUDGE OR JURY; AND (C) PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST TINY. PLEASE REVIEW SECTION 15 FOR MORE DETAILS.
1. Definitions
a. “Tiny,” “Tiny Health,” the “Company,” “us,” “our,” and “we,” “Seeding,” and “Seeding, Inc.” all refer to Seeding, Inc., a Delaware corporation doing business as Tiny Health.
b. “You”, “your”, and “yourself,” and “User” refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).
c. “Party” means each of you and Tiny. Collectively, you and Tiny are the “Parties.”
d. “Affiliate(s)” refer to Tiny’s executives, employees, officers, directors, partners, joint ventures, parents, subsidiaries, successors, assigns, and any controlling and/or acquiring entity and each of their respective affiliates.
e. “Kit(s)” refer to any and all specimen collection kits that Tiny sends its users for the collection of vaginal and/or stool samples, as intended for analysis by Tiny.
f. “Sample(s)” refer to any and all vaginal and/or stool samples provided by Tiny’s users, for Tiny’s analysis, in connection with the Kits.
g. “Analysis Results” refer to the results of any and all Sample analyses and any documents, information, materials, and content thereto relating.
h. “Product(s)” refer to any and all products offered for sale and/or use in connection with our Services.
i. “Services” refer to any and all services arising out of and/or relating to Tiny. Our Services include, without limitation: (a) specimen collection (including without limitation the sending and receipt of Kits, as well as instructions thereto relating) (b) microbe DNA extraction and analysis, (c) creating and furnishing a detailed Analysis Report, and (d) offering consultations and personalized information regarding the user, the user’s baby, and/or the Analysis Report. Our Services further include, without limitation, our software applications, text and SMS messages, websites, emails, social media accounts, and TH Content. NEITHER TINY NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH TINY OR OUR AFFILIATES.
j. “TH Content” refers to any and all code, content, material, and other intellectual property available through our Services in various formats (e.g. as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, posters and banners, messages, videos, visual interfaces, and software applications), excluding specifically your Personal Information, Payment Information, SI, and User Content.
k. “User Content” refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or Payment Information – those items are subject to their own rules, as explained in our Privacy Policy – unless such information appear, against our strong recommendation, in a public-facing, text, photos, graphics, images, video, audio, multimedia, and other materials.
l. “Payment Information” refers to financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.
m. “Payment Method” refers to a valid, current, accepted means of remitting payment for Services, as permitted by Tiny – typically by submitting valid, current, accepted Payment Information.
n. “Personal Information” refers to any information that – by itself or in conjunction with other information – identifies, describes, is associated with, or could reasonably be linked to a particular individual or household (e.g. name, street address, mailing/billing address, phone number, your personal or work email).
o. “Sensitive Information” or “SI” refers to any information, other than Personal Information, relating to an individual’s personal background (e.g. age, height/weight, race/ethnicity), health background (e.g. medical history and related data, blood type, current health conditions/symptoms), Sample, and/or Analysis Results.
2. Please Make Informed, Cautious Use of Our Services.
a. Our Services Are for Informational and Educational Purposes Only.
i. We’re here to help you learn about yourself and your child, but by no means do we provide medical care. Tiny provides our Services – and all material, information, data, and content available in connection with our Services – strictly for the purposes of information and education. Neither our Services nor our Products have been evaluated by the United States Food and Drug Administration (FDA). You acknowledge and agree that, under no circumstances do our Services constitute or intend to offer medical advice or diagnostic, treatment, preventative, or curative services – even if you speak with, provide information to, receive information from, and/or otherwise communicate with a licensed physician in connection with our Services. Likewise, you shall not deem Tiny as recommending a plan, product, or course of action in any circumstance.
ii. Tiny offers these Services to enable more informed decision-making around the health and wellness of both mother and child. You acknowledge and agree that, ultimately, however, these decisions belong to you. You acknowledge that Tiny strongly suggests that you seek the advice of your own qualified health care professional to help you review and understand any data and/or information we provide - and to assist you in making decisions regarding diagnosis, treatment, care, and health and wellness. To the extent that Tiny, our Affiliates, and/or our third-party partners provide you with any documents, information, and/or recommendations based on information that you provide to us (e.g. Personal Information, SI, survey or questionnaire responses), you acknowledge and accept that such documents, information and/or recommendations are for informational and educational purposes only, and are by no means intended as a substitute for a detailed discussion with your own qualified healthcare professional.
iii. Our Services are not a substitute for medical care. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services.
iv. You use our Services – and rely on the materials, data, content, and information you receive in connection with Tiny, our Services, and/or our Affiliates – at your own risk. Tiny disclaims all liability and responsibility arising out of and/or relating any reliance placed by you and/or any other person on our Services and any data and/or information you receive in connection with our Services, including without limitation any reliance on Analysis Results. You shall not rely on our Services as a substitute for the advice and/or care of a medical professional. If you think you may be experiencing a medical emergency, please call your doctor, visit the nearest emergency room, or dial 9-1-1 immediately.
b. It Is Important to Manage Expectations Around Your Analysis Results.
i. While we hope to provide you with your desired Analysis Results, you acknowledge that you might receive surprising and/or unwelcome data and/or information from Tiny; not all of our users receive the Analysis Results that they hoped or expected to receive, and some of our users might receive unanticipated life-altering information. You acknowledge that it is not unusual to feel a little bit anxious about your or your child’s Analysis Results; however, you also acknowledge that you should consult a qualified healthcare professional if such anxiety interferes with your daily life.
ii. You acknowledge that the process of reviewing Analysis Results is irreversible; once you review your Analysis Results, you are committing yourself to an awareness of such Analysis Results. You accordingly acknowledge that –prior to making use of our specimen collection and analysis Services – it is important to seek the advice of a qualified healthcare professional regarding whether, when, and to what extent you should make use of such Services given your medical history and personal circumstances.
iii. While Tiny strives to provide complete and accurate Analysis Results 100% of the time, you acknowledge and accept that a fraction of our Samples will yield incomplete or even inaccurate Analysis Results. You acknowledge and agree that contributing factors such as one’s present physical condition, diet, Sample size and integrity, Kit storage and transportation, and Sample collection practices all stand to impact your Analysis Results. You further acknowledge and accept that: (1) microbe DNA testing is relatively new science; (2) research and knowledge around genetics and microbiology are rapidly expanding; and (3) accordingly, little-known and/or future scientific findings may alter the future interpretation and/or understanding of any data and/or information you obtain through our Services, including without limitation the Analysis Results and any documents and information relating to the Analysis Results.
iv. You acknowledge that Analysis Results contain highly-sensitive SI and Personal Information. While the sensitive nature of your Analysis Results offers a tremendous informational benefit, Tiny recommends that you exercise discretion in deciding what aspects of your Analysis Results to share, how to share them, and with whom.
3. Only Eligible Individuals May Use Our Services.
a. Eligibility. By accessing our Services – including, without limitation, purchasing Products and/or Services – you represent that you are of sound mind and body to agree to our Terms and in possession of the full rights and/or authorization to: (a) agree to our Terms, (b) agree to and pay for any purchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted to Tiny and assume all responsibilities, liabilities, and obligations herein required of you, and (d) submit any Personal Information, Payment Information, SI, and other data and information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be eighteen (18) of age to make use of Tiny’s Services, and to engage in a transaction with Tiny for the purchase of one or more Products.
b. Non-Eligibility. We reserve the right to terminate your use of, and access to, our Services – and cancel any purchase hereunder – for any violation of our Terms or any provision of any other agreement between you and Tiny. Furthermore, you may not use our Services if you are:
i. Currently restricted or prohibited from using our Services;
ii. A past, present, or imminent competitor of Tiny and/or closely connected to one or more of our past, present, or imminent competitors;
iii. Acting on behalf of another person or entity without that person or entity’s permission;
iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or
v. Otherwise unwilling to fully agree to, and follow all of our Terms.
c. No Guarantees re: Eligibility. While we make every effort to keep a tight-knit community based on strict eligibility criteria, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.
d. Immediate Termination. You agree to close your browser window and cease from all further use of our Services if you are or become ineligible to use these Services. You further agree to email support@tinyhealth.com with the subject “End Use” with details about your reason for ceasing all further use.
e. Additional Terms & Conditions. You acknowledge that – in order to purchase and/or use certain Services and/or Products –Tiny may require you to enter into one or more separate agreements and/or accept additional terms and conditions, which are hereby incorporated by reference, in their entirety, into these Terms. To the extent that Tiny requires your consent to further terms and conditions, you will have the opportunity to review such terms and conditions before proceeding to purchase and/or use such Services and/or Products. Insofar as there is any conflict between such terms and conditions and these Terms, the former will take precedence, but only with respect to such conflicting terms and/or conditions.
4. If Eligible, You Are Granted a Limited License to Make Use of Our Services.
a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non- transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services in accordance with these Terms. Tiny reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.
b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, with the understanding that you may furnish data, information, and/or Specimens relating to your child or legal ward, in addition to yourself, in connection with your account. To the extent you provide data, information, and/or Specimens relating to a child or legal ward in connection with our Services, you represent and warrant that you are fully authorized to provide the aforementioned as the parent or legal guardian, respectively, of the child, and that said child is under the age of ten (10) years old. You are also allowed to create an account for each adult who has given you prior express written authorization to agree to these Terms and operate an account on her/his behalf. You accept that, in order to create an account, Tiny may require you to provide Personal Information, a login/password, and SI; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, pregnancy information, blood type, and information regarding your health history, your present health condition, and any symptoms. You accept that, in order to receive certain Products and Services - such as our specimen collection and microbe extraction and analysis Services – you must furnish Tiny with Payment Information, at our direction. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information, Payment Information, and SI.
c. You acknowledge and accept the Tiny will attribute all actions and usage of your account to you. To the fullest extent legally permitted, you are solely responsible for the security of your password, account information, and any Personal Information, Payment Information, and SI thereto connected; you agree to maintain all such information as confidential at all times, and you agree to accept full responsibility for any decision to disclose and/or failure to protect your such information to the fullest extent legally permitted. In this connection, to the fullest extent legally permitted, you agree that you are solely responsible for any actions and omissions relating to your account and use of our Services, including as it relates to the use and/or misuse of Personal Information, Payment Information, SI, and/or other confidential information. You shall immediately alert us to any breach of your account, Personal Information, Payment Information, SI, or other confidential information.
5. Further User Representations, Warranties, & Covenants.
a. You covenant that you shall not sell, rent, lease, barter, recreate or reproduce, copy, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of our Services, or any aspect thereof, without the prior express written consent of Tiny and/or our applicable third party licensor – and you represent that you have not done any of the foregoing up to this point in time.
b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products – including without limitation our Kits, Analysis Results and related reports, microbiome consulting services, and any personalized materials and/or content - and you represent that you have not done any of the foregoing up to this point in time.
c. You represent that any Sample you have provided and warrant that any Sample you will provide in the future belongs to you or a person for whom you have legal authorization to furnish such a sample (e.g. your child).
d. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of an insurance company seeking information about a prospective or actual customer.
e. You covenant that you shall not submit a Sample if you have reason to believe that you are experiencing a contagious illness or an active infectious disease - and you represent that you have not done any of the foregoing up to this point in time.
f. You represent that you have not violated and covenant that you shall not violate any export control laws or other restrictions on shipping to foreign countries in the course of purchasing and/or making use of Services and/or Products – including, without limitation, to the extent you are receiving a Kit and/or submitting a Sample from a country other than the United States of America.
6. You Must Be Reasonable and Fair in Accessing and Using Our Services.
a. Tiny’s rules for access and use of our Services should be easy to follow. Nonetheless, here are a few key points to help you along the path:
i. Treat Tiny, our Affiliates, our service providers, and our community members kindly and respectfully.
ii. All info you provide must be complete, truthful, and up-to-date.
iii. Do not attempt to disrupt our tech or misappropriate our I.P.
iv. Follow the law at all times in connection with our Services and Products.
b. You hereby represent that you have not used and warrant that you shall not use our Services to directly or indirectly attempt, engage in, aid, abet, support, incite, encourage, perpetrate, and/or otherwise assist any of the following:
i. a violation of a local, state, federal, and/or international law, rule, or regulation;
ii. a violation of municipal, administrative and/or professional rules, standards, guidelines, or requirements;
iii. fraud, misrepresentation, impersonation, or identity theft;
iv. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal Information, Payment Information, and/or SI;
v. an illegal and/or deceptive business practice;
vi. a violation of our rights, or the rights of our Affiliates;
vii. a violation of third-party rights, including without limitation the unauthorized use or disclosure of third-party Personal Information and/or Payment Information, as well as any misappropriation of third-party intellectual property rights or violation of third-party rights to privacy;
viii. harassment, trolling, intimidation, stalking, hate speech, violence, and/or any other abusive conduct;
ix. any implication of an affiliation with or endorsement by Tiny; and
x. an effort to disrupt or interfere with our Services and/or business operations;
c. You promise that, in the course of using our Services, you shall not circulate malicious content, code, files, or programs, or otherwise engage in malicious conduct. Among other things, you acknowledge and agree that you are not permitted to engage in phishing, harvesting, spamming, or the circulation of viruses, spyware, worms, Easter eggs, and time bombs. Furthermore, in connection with our Services, you shall not engage in deceptive business practices, pursue unsolicited and/or unauthorized marketing or advertising, circulate a chain letter, or facilitate or participate in a pyramid scheme, or undertake any other form of solicitation that adversely impacts one or more other user’s ability to use and/or enjoy our Services.
d. You shall not make efforts to disrupt or interfere with the proper working order of any technologies, systems, or operations, belonging to Tiny, our Affiliates, and/or any of our third party providers. Under no circumstances shall you make efforts to modify or alter any aspect of our Services or the services of our Affiliates and/or third party providers. This paragraph includes but is not limited to a restriction on manipulation and/or interference with our websites, teleconferencing services, in-person sample collection services, messaging systems and services, storefront technologies systems, and recordkeeping systems.
e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the mimicking, duplication and/or rebranding any TH Content and/or any technology relating to our Services. You are not permitted to use the TH Content to develop any functions, programs, applications, technologies, or services that leverage the Services.
f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any aspect of our Services, including without limitation the TH Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of TH Content (e.g. logo, name, text, images), and you are forbidden from using "hidden text" that references the TH Content without the prior express written consent of Tiny and/or our third-party licensor(s). You may not remove any proprietary notices or circumvent any digital rights management systems in connection with our Services, and you are not permitted to disable, disarm, bypass, or hack around any of our security systems. Notwithstanding the foregoing, operators of pubic search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the TH Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.
g. During the course of using our Services, you shall not sell, rent, lease, barter, recreate or reproduce, copy, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation the TH Content, without the prior express written consent of Tiny and/or our applicable third party licensor.
h. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – Tiny shall not be responsible or liable for your User Content.
7. Tiny Holds and Reserves Numerous Rights.
a. Tiny needs to be able to keep a tight handle on our Services and our community. At any time, for any reason, with or without notice, in our sole discretion, Tiny reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services – and any aspects, portions, details, features, specifications, and functions thereof – as well as adjust or modify any pricing, availability, and timeframes offered with respect to our Services. Without limitation, this paragraph pertains to all technologies, applications, programs, designs, and offerings connected with and/or supporting our Services.
i. Tiny reserves the right to supplement, delete, or otherwise modify some of all these Terms – or any portions thereof – at any time, for any reason, with or without notice, in our sole discretion. In the event that Tiny revises these Terms, your continued access and/or use will constitute your unconditional acceptance of the revised Terms.
ii. You acknowledge and agree that Tiny may refuse, suspend, or ban, or otherwise restrict access to our Services to any person, including you, at any time, for any reason, with or without notice, at our sole discretion.
b. You acknowledge that, to the extent legally allowed, Tiny reserves the right to decide how it will contact you regarding any service messages and other publicly-directed communications among other options, we specifically reserve the right to use email, push notification, text/SMS message, telephone call, and a website banner - and you agree that any reasonable means of contact selected by Tiny (including any of the aforementioned) shall suffice for timely and adequate notice.
c. To the fullest extent permitted by law, and except as otherwise specified in writing, Tiny no holds obligation or responsibility to take action or refrain from acting with respect to the continuation, provision, maintenance, updating, improvement, renovation, and/or modification of: (a) our Services; (b) aspects, portions, details, features, specifications, and functions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of or relating to our Services, including without limitation the TH Content.
d. To the fullest extent permitted under law, all TH Content – and all copyright, trademark rights, service mark rights, patent rights, and other proprietary rights arising out of and/or relating to the TH Content – are owned by us and/or one of our third party licensors and protected by the intellectual property laws of the United States and other countries. You acknowledge and agree that all rights in and to the “Tiny,” “Tiny Health and “Seeding, Inc.” names, logos, trademarks, service marks, slogans, and designs, inter alia, belong exclusively to Tiny, irrespective of the presence of any legal designation or lack thereof, subject to protection from misappropriation, misuse, blurring, tarnishment, dilution, impersonation, or other unauthorized exploitation under United States law and international law. You acknowledge that nothing in these Terms, express or implied, grants you any right or license to make use of Tiny’s names, logos, trademarks, service marks, slogans, designs, or patents – and these Terms expressly forbid your use of intellectual property belonging to Tiny and/or our third-party licensors.
e. Tiny reserves any and all rights and interests relating to our Company, our Affiliates, our Services, our Products, and our property that were not expressly enumerated in these Terms, to the fullest extent permitted under law. You acknowledge and agree that your provision of a Sample, Personal Information, Payment Information and/or SI does not afford you any right, title, or interest in and to any research by Tiny and/or our Affiliates, or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.
f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Tiny a perpetual, irrevocable, non-exclusive, royalty-free, fully sub- licensable, worldwide license to exercise any and all rights you may have as to any content (including without limitation your User Content), data and information arising out of and/or relating to your use of our Services, including, without limitation, data and information concerning the browsing of our website, your purchase of Services and Products, your usage of our Services, and your interactions with our Affiliates and third-party partners and providers. Likewise, you agree that Tiny may, at our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your content (including without limitation your User Content), data and information arising out of and/or relating to your use of our Services throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights – including, but not limited to, the rights of attribution – in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Tiny reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.
8. It Is Important for You to Understand How Tiny Uses Your Information.
a. Tiny’s Privacy Policy can be found here. Once again, we urge you to carefully review our Privacy Policy, as it directly impacts how Tiny handles your Personal Information, Payment Information, and SI, among other types of data and information. You acknowledge and agree that Tiny’s Privacy Policy is incorporated by reference into these Terms, in its entirety; by accepting our Terms, you agree to all terms and conditions in our Privacy Policy.
b. Tiny does not intentionally store, analyze, or retain, any human DNA during the course of analyzing your Sample or otherwise providing our Services; it is our policy to securely discard any human DNA collected from your Sample.
c. You are the owner and/or authorized holder of all Personal Information, SI, and Analysis Results. Except as specified in these Terms and/or another document reflecting your express authorization, Tiny will: (i) refrain from selling, renting, licensing, bartering, assigning transferring, conveying or disclosing your Personal Information to any third party; (ii) de- identify any SI and Analysis Results before it sells, rents, license, barters, assigns, transfer, conveys, and/or discloses such to any third party; and (iii) exclude your Personal Information from any aggregated data sets, compilations, and/or research materials containing and/or incorporating your SI and/or Analysis Results. Notwithstanding, you acknowledge and accept that Tiny cannot return any Sample you submit in connection with our Services.
d. You hereby expressly permit Tiny, our Affiliates and our third-party contractors, providers, and partners to (a) receive, handle, store, transport, and analyze your Sample and the DNA therefrom extracted; (b) transmit and disclose documents and files containing and/or reflecting Personal Information and SI (including without limitation Analysis Results and underlying raw data) within and among one other as necessary to furnish and/or facilitate the Services, as well as to persons you specifically designate for receipt of your Analysis Results.
e. Subject to the Terms (including without limitation as specified in this Section 8 and in our Privacy Policy), and to the fullest extent permitted by law, you hereby grant Tiny a perpetual, non-exclusive, fully sub-licensable, royalty-free, worldwide, irrevocable license to exercise any and all rights you may have in and to any data, information, materials, and content arising out of and/or relating to our Services. This license embraces but is not limited to all data and information concerning your purchase, receipt, and usage of our Services and Product (including without limitation your SI and Analysis Results), your browsing of the Site, your communications with Tiny and our third-party partners, and any other interactions and experiences you may have in connection with our Services. This license also embraces, without limitation, any ideas, suggestions, comments, feedback, photos, and any other materials and/or content you submit to Tiny in connection with our Services. You acknowledge and agree that, with the license specified in this paragraph, Tiny holds the sole discretion to make derivate and/or commercial use of the data, information, materials, and content you create, generate, submit, post, and/or provide in connection with our Services; among other uses, we may globally sell, distribute, publish, modify, copy, repurpose, transmit, and adapt such data, information, materials, and content – in any medium, manner, fashion, or form we choose, subject to the Terms.
9. Tiny Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products.
In conjunction with our Services, Tiny may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, specimen collection providers, laboratory services providers, data processing and visualization providers, customer service specialists, and microbiome consultation providers. Furthermore, in conjunction with our Services, Tiny may offer you the opportunity to purchase and/or receive third-party services, products, and devices.PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.
a. NEITHER TINY NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE QUALITY, EFFICACY, ACCURACY, RELIABILITY, TIMELINESS, SAFETY, COST, RESULTS OF ANY THIRD-PARTY SERVICES, DEVICES OR PRODUCTS – OR ANY RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE OR CARE RENDERED IN CONNECTION THEREWITH.
b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER TINY NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD PARTY PROVIDER’S QUALIFICATIONS, CREDENTIALS, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHER TINY NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC PROVIDER, SERVICE, PRODUCT, DEVICE, OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY PERMITTED, NEITHER TINY OR NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, PRODUCT, DEVICE, OR OTHER SERVICE: YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE TINY AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, PRODUCT, DEVICE, OR OTHER SERVICE. THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY ISSUES, PROBLEMS, FAILURES, LOSSES, LIABILITIES, DAMAGES, HARMS, FEES, COSTS, AND EXPENSES ARISING OUT OF AND/OR RELATING TO (A) THE PROCESSING AND/OR ANALYSIS OF A SPECIMEN AND/OR COMMUNICATION OF DATA THEREO RELATING BY A THIRD-PARTY LABORATORY SERVICES PROVIDER, (B) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; AND (C) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICES PROVIDERS, AND MEDICAL PRODUCTS/DEVICES – AND TO SEEK HELP ELSEWHERE OR RECEIVE A SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANY THIRD-PARTY ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, OR PLAN. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.
d. NEITHER TINY NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, OR MANUFACTURER OR DISTRIBUTER – EVEN IF THOSE THIRD-PARTY PROVIDERS OFFER PRODUCTS OR SERVICES THAT TINY LINKS TO OR OTHERWISE FEATURES OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER TINY NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGH OUR SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION.NEITHER TINY NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – INCLUDING WITHOUT LIMITATION ANY THIRD- PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, OR MANUFACTURER OR DISTRIBUTER – EVEN IF THOSE THIRD-PARTY PROVIDERS OFFER PRODUCTS OR SERVICES THAT TINY LINKS TO OR OTHERWISE FEATURES OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER TINY NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGH OUR SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION.NEITHER TINY NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, OR MANUFACTURER OR DISTRIBUTER – EVEN IF THOSE THIRD-PARTY PROVIDERS OFFER PRODUCTS OR SERVICES THAT TINY LINKS TO OR OTHERWISE FEATURES OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER TINY NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGH OUR SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION.
e. YOU AGREE THAT NEITHER TINY NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, OR INTERESTS – OR ANY RELATED RIGHTS, TITLES, INTERESTS, OR LICENSES, AS THEY ARISE IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, OR THE PRODUCTS AND SERVICES OF OUR THIRD-PARTY PROVIDERS.
f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER TINY NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO PROVIDE SERVICES OR PRODUCTS. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO PROVIDE A SERVICE OR PRODUCT.
g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR ANALYSIS RESULTS, NOR ANY CONSULTATION SERVICES, NOR ANY PERSONALIZED MATERIAL, NOR ANY TH CONTENT IS INTENDED AS MEDICAL OR A SUBSTITUTE FOR MEDICAL ADVICE, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD TINY OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF ANY TH CONTENT, YOUR ANALYSIS RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR ANALYSIS RESULTS; TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY TH CONTENT, YOUR ANALYSIS RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR ANALYSIS RESULTS.
h. YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSENCE, OFFENSIVE, PREJUDICED, UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF OR AS A RESULT OF USING OUR SERVICES. THIS INCLUDES, WITHOUT LIMITATION, THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY ENCOUNTER WHEN (A) UTILIZING OUR SPECIMEN COLLECTION SERVICES, (B) POSTING AND ENGAGING WITH USER CONTENT, AND (C) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING ANALYSIS RESULTS. YOU AGREE THAT, TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD TINY OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS A RESULT OF OUR SERVICES; TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE TINY AND OUR AFFILIATES AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR INDIVIDUAL.
i. NEITHER TINY NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. THE FULLEST EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD TINY OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE TINY AND OUR AFFILIATES AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.
j. TINY DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER TINY, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.
10. In Order to Use Our Services, Tiny Requires You to Make These Additional Representations and Warranties, and to Assume These Additional Obligations.
a. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULAR NEEDS. CERTAIN SERVICES, PRODUCTS, OR DEVICE MAY NOT BE APPROPRIATE, VIABLE, SUITABLE, AND/OR SAFE FOR CERTAIN INDIVIDUALS; this THIS INCLUDES, WITHOUT LIMITATION, OUR KITS. YOU AGREE THAT, BETWEEN (i) YOU AND (ii) TINY AND OUR AFFILIATES, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR DETERMINING WHETHER TO: MAKE USE OF ANY PRODUCT, SERVICE, OR DEVICE; WHETHER AND TO WHAT EXTENT TO SEEK MEDICAL CARE OR OTHER HEALTHCARE SERVICES IN CONNECTION WITH YOUR ANALYSIS RESULTS – AND IF SO, FROM WHOM, AT WHAT COST, FOR WHAT PURPOSES, AND TO WHAT EXTENT; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. YOU AGREE THAT YOU SHALL RELEASE TINY AND OUR AFFILIATES AND HOLD HARMLESS TINY AND OUR AFFILIATES IN CONNECTION WITH ANY DECISION BY YOU CONCERNING: THE SELECTION, PURCHASE, AND/OR USAGE OF A PRODUCT, SERVICE, OR DEVICE; WHETHER AND TO WHAT EXTENT YOU PURSUE MEDICAL CARE OR HEALTHCARE SERVICES; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE.
b. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTION WITH OUR SERVICES; THIS INCLUDES, WITHOUT LIMITATION, YOUR ACTS AND OMISSIONS IN CONNECTION WITH: (i) ANY USAGE OF A KIT; (ii) YOUR RECEIPT OF ANY ANALYSIS RESULTS (iiI) ANY THIRD-PARTY MEDICAL ADVICE AND/OR CARE; (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT OR DEVICES YOU ACCORDINGLY AGREE TO CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS DIRECTED TO YOU BY TINY, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS AND PROVIDERS IN CONNECTION WITH OUR SERVICES AND PRODUCTS AND ANY SERVICES AND PRODUCTS THERETHROUGH AVAILABLE. YOU FURTHER AGREE TO ASSUME THE COST OF ALL REPAIRS ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES, OUR PRODUCTS AND RELATED THIRD-PARTY PRODUCTS AND SERVICES.
c. You represent that you have carefully assessed whether our Services and Products and any third-party services and products available through our Services are appropriate, viable, and safe for your use, given your particular needs – and you promise that you will continue to do so to the extent you make use of additional Services or Products and/or related third-party products/services. Furthermore, you represent and warrant that you are mentally and physically capable of using and healthy and sound enough to use our Services and Products – and any third-party products and services available in conjunction with our Services – to the extent used by you. If you have or develop a condition and/or disability that could impact your use of our Services and/or related third-party offerings, you represent and warrant that a licensed medical professional has approved your use of our Services and any related third-party offerings to the extent used by you.
11. Please Review These Terms Governing Your Purchase of Services and Products.
a. You Authorize Tiny to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Tiny. Effective immediately, you hereby authorize Tiny to: (a) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (b) disclose your Personal Information, Payment Information, and SI to our Affiliates, as well as our payment providers, laboratory companies, shipping providers, and other third-party service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party products and services; (c) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information and/or SI during the course of using our Services: (a) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (b) you shall be bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Tiny may limit, suspend, or revoke your access if you fail to submit a viable Payment Method.
b. Return & Refund Policy. Tiny intends to be fair and reasonable in allowing you to cancel your purchase and return any Kits or Products.
i. If you purchase Services that involve specimen collection, Tiny offers you multiple opportunities to furnish a Sample that can be used to derive Analysis Results. If you furnish a Sample that is too small, lacks sufficient DNA volume, has been damaged or impacted in transit, or otherwise cannot be properly processed, Tiny will attempt to reprocess this Sample and, if unsuccessful, will send you a new Kit at no additional charge. If, your subsequent attempt to provide a Sample is unsuccessful for any of the foregoing reasons, Tiny will refrain from sending you an additional Kit in connection with this particular purchase; you agree that your sole and exclusive remedy, under such a circumstance, is a full refund of the amount you paid for the unsuccessful specimen collection services, less any applicable shipping and handling. In the event that you lost or damaged the collection swab, you may have to purchase a replacement Kit for a small fee.
ii. Cancellation within 24 hours: You may cancel your purchase for a Product or Services within twenty-four (24) hours of your initial purchase, or first payment of a subscription.If you cancel within this time period, you will receive a full refund of your purchase minus a 3% refund fee, inclusive of tax, shipping and handling. Products and services that have a minimum payment commitment are only eligible for this refund within the first 24 hours of subscription enrollment. Please see the non-cancellation clause for products with a minimum payment commitment.
iii. Cancellation within 14 days: If twenty-four (24) hours have elapsed since your purchase – but you are still within fourteen (14) days of your purchase – you may be entitled to a full refund of your purchase for any unused tests and services, minus 3% refund fee as well as an administrative fee of thirty dollars ($30), and any applicable tax, shipping, and handling, all of which are non-refundable. Products and services that have a minimum payment commitment are only eligible for this refund within the first 14 days of subscription enrollment. Please see the non-cancellation clause for products with a minimum payment commitment.
iv. Non-Cancellation Clause for Products with Minimum Payment Commitment: Certain products or services offered by Tiny Health require a minimum payment commitment. These products are identified at the time of purchase, and by purchasing such products, you agree to fulfill the full payment obligation as specified. Cancellation is eligible within the first 14 days from the start of the subscription, for unused tests and services. After 14 days, these products or services cannot be canceled before the completion of the minimum commitment period. Early cancellation requests will not be accepted, and the full payment as agreed upon at the time of purchase will remain due.
v. You are not entitled to any refunds or returns: (a) after fourteen (14) days have elapsed since your purchase, or subscription enrollment; (b) to the extent you or a third-party damages, destroys, loses, or abandons a Kit: (c) in the event that you violate these Terms or any other agreement with Tiny. You acknowledge and accept that all risk of loss, damage, destruction and abandonment with respect to a Product that you are attempting to return remains with you until you have provided that Product for return to Tiny’s authorized shipping provider.
vi. You agree to allow Tiny up to sixty (60) days to process and issue a refund, based on the date of your refund request.
c. Damaged & Non-Conforming Products. All risk of loss, damage, destruction, and abandonment with respect to a Product passes to you upon the delivery of that Product to you or your designated recipient. If Tiny and/or our Affiliates fails to deliver any Product to specification (e.g. model, dimension, color) by its guaranteed delivery date, or if such a Product is damaged when delivered, you are entitled to return that Product and either (i) receive a replacement Product in lieu of the one you returned; or (ii) cancel your purchase and receive a full refund or credit (at your election) for all amounts paid towards the Product in question. Under either scenario, Tiny will arrange for and cover all costs and expenses arising out of the pick-up and return of a damaged and/or non-conforming Product. In order to effectuate a return of a damaged and/or non-conforming Product, you must notify Tiny of the damage and/or non-conformity in writing within forty-eight (48) hours of your receipt of the Product.
d. EXCEPT AS STATED IN THIS SECTION 11, ALL SALES ARE FINAL. Except as herein permitted, Tiny does not issue any refunds or credits, and we do not accept returns. Tiny reserves the right, in its sole discretion, to issue a refund, credit, rebate, discount, coupon, or some other form of reimbursement or incentive to one or more individuals or entities without any obligation to offer the same at any other time, to any other person or entity. Furthermore, Tiny reserves the right to correct any errors relating to the pricing or charging of prices in connection with our Services and Products, and any third-party products or services offered in connection with our Services; this includes, without limitation, the right to correct any overcharges or undercharges, and to cancel and refund any purchases relating to such errors.
12. You Agree to Indemnify Tiny, Limit Our Liability, and Refrain from Injunctive Measures.
a. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TINY NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES – OR FOR ANY FEES, COSTS, OR PENALTIES – IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER TINY WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, AND (iv) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY FOR TINY AND OUR AFFILIATES IN CONNECTION WITH TINY’S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $10.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF TINY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY RESULTING FROM THE ACTIONS AND/OR OMISSIONS OF TINY AND/OR OUR AFFILIATES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS UNDER SUBSECTION 12.C, INFRA.
b. TO THE FULLEST EXTENT ALLOWED UNDER LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN TINY OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO TINY’S SPECIMEN COLLECTION SERVICES, MICROBIOME ANALYSIS AND ANALYSIS REPORTING SERVICES, MICROBIOME CONSULTATION SERVICES, INFORMATION SHARING SERVICES, RESEARCH SERVICES, DATA COMPILATION AND ANALYSIS SERVICES, AND CONTENT CREATION SERVICES,
c. TO THE FULLEST EXTENT ALLOWED UNDER LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD TINY AND OUR AFFILIATES HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION – AND ALL RELATED LOSSES, LIABILITIES, DEBTS, DAMAGES, FEES, COSTS, EXPENSES, FINES, AND PENALTIES – ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION WITH OUR SERVICES, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM TINY’S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (A) YOUR USE AND/OR MISUSE OF OUR SERVICES, PRODUCTS, AND/OR ANY SERVICES AND/OR PRODUCTS THERETO RELATING (INCLUDING WITHOUT LIMITATION A KIT); (B) ANY ACTS AND/OR OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF THE ANALYSIS RESULTS; (C) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON OF THE USE OF OUR SERVICES; (D) ANY ANALYSIS RESULTS THAT ARISE OUT OF THE USE OF OUR SERVICES AND ANY USAGE, DISCLOSURE, AND/OR OTHER ACT AND/OR OMISSION RELATING THERETO; (E) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US, INCLUDING WITHOUT LIMITATION ANY SELF-REPORTED SI; AND (F) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED IN THIS THESE TERMS. THIS INDEMNIFICATION CLAUSE APPLIES TO ALL MANNERS OF CLAIMS, DISPUTES, AND CONTROVERSIES, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT TINY AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION, AT YOUR COST AND EXPENSE. TINY WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.
13. In Order to Use Our Services, You Accept the Following Waivers and Disclaimers.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE BELOW-LISTED WAIVERS AND/OR DISCLAIMERS. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY; HOWEVER, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
a. NEITHER TINY NOR OUR AFFILIATES PROVIDES ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS,'' “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY WHATSOEVER (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INTELLECTUAL PROPERTY RIGHTS). THIS CLAUSE APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR KITS, ANALYSIS RESULTS, CONSULTATION SERVICES, AND PERSONALIZED OFFERINGS, AND ALL DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO.
b. WITH RESPECT TO ANY “FORWARD-LOOKING STATEMENTS,” TINY DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.
c. THOUGH CERTAIN ASPECTS OF THE TH CONTENT AND/OR OTHER SERVICES MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER TINY NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE.
d. NEITHER TINY NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE QUALITY, EFFICACY, ACCURACY, RELIABILITY, TIMELINESS, SAFETY, OR RESULTS OF OUR SERVICES – EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON’S OR ENTITY’S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY OR REPRESENTATION REGARDING ANY ANALYSIS RESULTS.
e. NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE CONTENT WILL BE COMPLETE, ACCURATE, PRECISE, UP-TO-DATE, OR RELIABLE. YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC.
f. TINY USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION, PAYMENT INFORMATION, AND SI, AS WELL AS THAT OF OUR NETWORKS, SYSTEMS, TECHNOLOGIES, AND TH CONTENT. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT – EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES TINY CANNOT GUARANTEE OR PROMISE THAT (i) SUCH DATA, INFORMATION, CONTENT, MATERIALS, AND TECHNOLOGIES WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE; OR (ii) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH DATA, INFORMATION, CONTENT, MATERIALS, AND TECHNOLOGIES WILL REMAIN COMPLETELY SECURE. TINY AND OUR AFFILIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORIZED ACCESS OR USE OF YOUR INFORMATION, EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF TINY AND/OR ONE OR MORE OF OUR AFFILIATES.
g. NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES (INCLUDING BUT NOT LIMITED TO OUR SPECIMEN COLLECTION AND MICROBIOME ANALYSIS SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY TH CONTENT, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS ON PRODUCTS.
14. Choice of Law and Jurisdiction
a. Choice of Law. Any claim, dispute, suit, matter, or controversy arising out of or relating to Tiny, our Affiliates, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, Payment Information, SI, one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except to the extent that California law is preempted by or inconsistent with federal law.
b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 15 below, the parties agree that all disputes must be litigated in the state or federal courts in San Francisco, CA. You and Tiny each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non convenience.
c. U.S. Jurisdiction. Tiny and its properties are located in and operated from the United States. Tiny does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Tiny insofar as they are subject Tiny to non-U.S. law or jurisdiction.
15. Binding Arbitration of Disputes on an Individual Basis
In this Section 15 only, references in this to “Tiny,” “we,” “our,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, Affiliates, related entities, and all authorized or unauthorized users or beneficiaries of our Services or any Products purchased from Tiny. You agree that, by entering into this Agreement, you and Tiny are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
a. Claims subject to arbitration. You and Tiny agree to arbitrate all disputes and claims arising out of or relating in any way to Tiny, our Affiliates, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, Payment Information, SI, one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products, and/or the Terms. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:
• Claims relating to our specimen collection services, your Sample, an analysis of your Sample, your Analysis Results, and any documents, communications, data, or information relating to your Analysis Results.
• Claims relating to any aspect of the relationship between you and Tiny, whether based in contract, tort, negligence, fraud, misrepresentation, trespass, or any other statutory or common-law legal theory;
• Claims relating in any way to your interactions with or any actions taken by Tiny, our Affiliates, and/or any of our third-party partners and/or providers;
• Claims relating to Tiny’s use, protection, or disclosure of information about you, including your Personal Information, Payment Information, and SI,
• Claims concerning Tiny’s marketing and/or advertising of third-party products and services to you;
• Claims that arose before your acceptance of the Terms or any current or prior agreement between you and Tiny, such as claims related to advertising or disclosures;
• Claims that arise after the termination of this or any other agreement between you and Tiny; and
• Except as specified in Section 15(b) below, any disputes relating to the interpretation, applicability, scope, waiver, or enforceability of this arbitration provision, such as a dispute over whether a claim can or must be brought in arbitration.
b. Claims not subject to arbitration. Notwithstanding the foregoing, you or Tiny may bring an action in your local small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If your jurisdiction permits small claims court judgments to be removed or appealed to a court of general jurisdiction for a trial de novo, that appeal shall be resolved in arbitration in accordance with this arbitration provision. This arbitration provision does not preclude you or Tiny from bringing issues to the attention of federal, state, or local agencies or law enforcement. In addition, in the event of a dispute over the applicability or enforceability of any of the prohibitions in Section 15(b), that dispute shall be resolved in court, not by any arbitrator.
c. Requirement of individual arbitration. The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND TINY 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Tiny agree otherwise, the arbitrator may not consolidate more than one person’s claims. The arbitrator may not preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated.
d. Arbitration procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute. A Notice of Dispute to Tiny should be addressed to Seeding, Inc., Attn: Legal Department, 925 Juanita Drive, Walnut Creek, CA 94595. A Notice of Dispute to you will be sent to the last address you provided to Tiny. A Notice of Dispute must (i) provide your name, address, phone number, and the email address we have on file for you; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought. If you and Tiny do not reach an agreement to resolve the claim within 60 days after the Notice of Dispute is received, you or Tiny may commence arbitration with JAMS, which shall administer the arbitration under its Consumer Arbitration Rules in effect at the time (“JAMS Rules”). You may obtain a copy of the JAMS Rules by visiting the JAMS website at jams.org. If the JAMS is unavailable to administer an arbitration, another provider will be selected by agreement of the parties or by the court pursuant to 9 U.S.C. § 5. Except as provided in Section 15(c) above, the arbitrator can award the same remedies available under applicable law that a court can award (including statutory and punitive damages and statutory attorneys’ fees). The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. Unless you and Tiny agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The arbitrator may also conduct hearings by videoconference or by telephone or resolve claims or defenses on the basis of papers submitted by the parties. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision. The award shall be final and binding on the parties, and judgment may be entered on the award by any court with jurisdiction and by any state or federal court in San Francisco, CA, the jurisdiction and venue of which you and Tiny both agree.
e. Arbitration fees. If Tiny initiates arbitration or you initiate arbitration of claims valued at $25,000 or less, Tiny will pay all JAMS filing, administration, case management, hearing, and arbitrator fees (“JAMS Fees”), so long as you have fully complied with the Notice of Dispute requirements in Section 15(d). If you seek relief valued at greater than $25,000, the payment of JAMS Fees shall be governed by the JAMS Rules. Nothing in this Section 15(e) prevents the arbitrator from reallocating the JAMS Fees in accordance with the JAMS Rules in the event that the arbitrator finds that a claim violates the standards set in Federal Rule of Civil Procedure 11.
f. 30-Day period to reject arbitration. You may opt out of this Section 15 of the Terms within thirty (30) days of execution by providing written notice to Seeding, Inc., 925 Juanita Drive, Walnut Creek, CA 94595. To be valid, an opt-out notice must (i) include your name, the email address we have on file for you, and a statement that you are rejecting the arbitration provision in the Terms; and (ii) be received by Tiny within 30 days after your initial acceptance of the Terms. If you elect to opt-out under this paragraph, you agree that all other terms and conditions herein stated and stated in other agreements between you and shall remain in full force and effect; that includes, without limitation any other arbitration agreements between you and Tiny.
16. Miscellaneous
a. Except as expressly permitted otherwise in writing by Tiny, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this Section 16.a is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein contrary, Tiny may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms– and any assets relating to, arising out of, and/or concerning these Terms – including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control. These Terms will be binding on the Parties’ heirs, permitted assigns, administrators, and other legal representatives, and shall insure to the benefit of the Parties and any of its successors and/or assigns.
b. You acknowledge and agree that Tiny shall hold no liability or responsibility for any losses, liabilities, damages, harms, costs, expenses, fees, or penalties, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.
c. If any of the Terms herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms– and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible.
d. Any translation of these Terms or the TH Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms and/or the TH Content and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.
e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
f. In so far as these Terms include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the Parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “and” vs. “or” vs. “and/or”; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “including” – which shall mean “including without limitation,” rather than as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “Service” vs. “Services” vs. “Service(s)” - which shall not render any language inapplicable by virtue of the fact that it does or does not refer to more than one (1) Service. The Parties agree that the Terms shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the Parties by virtue of the authorship of any term or condition herein appearing; the language used herein will be deemed to be the language chosen by the Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any Party.
g. All notices, requests, consents, claims, demands, waivers, and other communications from you to Tiny in connection with these Terms (each, a “Notice”) shall be in writing and addressed to Tiny at the address on this website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).
h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
i. All terms and conditions in our Terms which are reasonably intended to survive termination shall so survive, regardless of which party terminates. Each surviving term and condition shall survive until its purpose is fulfilled and/or no longer applicable – or, otherwise, indefinitely. To the extent any of the Terms contain one or more provisions which are not applicable as to this Subsection 16.i, the parties acknowledge and agree that the inapplicable provision(s) shall simply be severed from interpretation, and that the rest of the provisions shall survive as described in this Subsection 15.i.
j. Notice to California Residents
California residents are entitled to the following, specific consumer rights information:
The provider of the Services is:
Seeding, Inc.
Attention: Legal Department
6104 Old Fredericksburg Rd #91622, Austin TX 78749
Main Number: (502) 437 - 9588
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Thanks for reading! Again, please contact us if you have any questions or concerns. We appreciate your interest and wish you good health and safety!
a. Claims subject to arbitration. You and Tiny agree to arbitrate all disputes and claims arising out of or relating in any way to Tiny, our Affiliates, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, Payment Information, SI, one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products, and/or the Terms. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:
• Claims relating to our specimen collection services, your Sample, an analysis of your Sample, your Analysis Results, and any documents, communications, data, or information relating to your Analysis Results.
• Claims relating to any aspect of the relationship between you and Tiny, whether based in contract, tort, negligence, fraud, misrepresentation, trespass, or any other statutory or common-law legal theory;
• Claims relating in any way to your interactions with or any actions taken by Tiny, our Affiliates, and/or any of our third-party partners and/or providers;
• Claims relating to Tiny’s use, protection, or disclosure of information about you, including your Personal Information, Payment Information, and SI,
• Claims concerning Tiny’s marketing and/or advertising of third-party products and services to you;
• Claims that arose before your acceptance of the Terms or any current or prior agreement between you and Tiny, such as claims related to advertising or disclosures;
• Claims that arise after the termination of this or any other agreement between you and Tiny; and
• Except as specified in Section 15(b) below, any disputes relating to the interpretation, applicability, scope, waiver, or enforceability of this arbitration provision, such as a dispute over whether a claim can or must be brought in arbitration.
