Our Terms of Service (what we call the “Terms”) make up the agreement between Generation Lab, Inc. (“Generation Lab”) and you. These Terms govern your use and access to Generation Lab’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by 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 Generation Lab and you. We also encourage you to review our Privacy Statement for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services. You can delete your account from your Account Settings at any time.
These Terms apply to you if you live in the United States or if you access our Services in the United States. If you live outside the United States, please review the Terms available in the respective region specific to the Generation Lab Services you access.
We believe everyone should be able to access, understand, and benefit from their genome. That said, there are a few restrictions about who can use our Services. By using the Services or creating an account, you represent, warrant and agree that:
If you choose to use or purchase additional Services for a business or commercial purpose, or any purpose other than personal use, they may have their own terms and conditions. The specific terms and conditions associated with the use or purchase of additional Services are made a part of these Terms by this reference. Just like you agree to these Terms, you agree to abide by those additional terms and conditions too. In the event those additional terms may conflict with or be inconsistent with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control.
The following terms also govern and apply to your use of the Services, and they are incorporated herein by this reference:
Last Updated: March 28, 2025
These “Membership Terms” govern your use of any of Generation Lab’s membership services (as defined below). Our Terms of Service more broadly govern your use of all of our Services, including the Generation Lab membership services, the terms of which are incorporated herein (collectively, the Membership Terms and Terms of Service are the “Terms”). Please read our Terms of Service carefully—they include important provisions, including limitations on our liability, and where permitted by applicable law, and for users who are not residents of the United States, an arbitration agreement, and a class action waiver.
All capitalized terms not defined in these Membership Terms have the respective meanings set forth in our Terms of Service. To the extent any provision of these Membership Terms conflicts with any provision of our Terms of Service, these Membership Terms will supersede our Terms of Service to the extent of the conflict only.
Please note that we will only use your Personal Information in accordance with our Privacy Statement. Please read our Privacy Statement carefully.
BY PURCHASING OR USING ANY OF OUR MEMBERSHIP SERVICES, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS AND OUR TERMS OF SERVICE.
Generation Lab’s service provides access to personalized health reports, insights and advanced service features. Available in the United States, Canada and Europe only. Generation Lab’s service provides access to Generation Lab products, and clinician-initiated exome sequencing reports, insights, genetics-informed clinician consultations and/or messaging, and advanced service features. Available in the United States only. The Generation Lab’s services are collectively referred to herein as “membership services”.
From time to time, we may offer free trials of our Generation Lab membership services. Unless you cancel your Generation Lab membership prior to the end of your free trial, you will automatically become a paying user for the membership service. The payment method that you provided will automatically be charged the current Generation Lab membership fee either monthly, quarterly, biannual or annually (depending on the Generation Lab membership services model you selected at the time you registered), unless you cancel before the next billing cycle. If you wish to cancel or modify your Generation Lab membership after the end of your free trial period or at any time during your Generation Lab membership, you may do so by logging into your account from within your Generation Lab Account Settings and following the cancellation or modification instructions at least one day before the next billing cycle.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, MODIFY, OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. WHERE REQUIRED BY APPLICABLE LAW, OR AT OUR DISCRETION, WE WILL PROVIDE YOU WITH NOTICE PRIOR TO THE RENEWAL OF THIS AGREEMENT.
By providing your email address and/or phone number and agreeing to this Terms of Service, you consent to receive automated emails and/or text messages (SMS) from Generation Lab regarding your account, SystemAge Test updates, and other related information. These communications are intended to enhance your experience and provide essential updates
You acknowledge and agree that:
Generation Lab may make changes to all or any part of these Membership Terms from time to time, and at any time. Without limitation, these changes may include changes to the Generation Lab membership services, the price at which the membership services are offered, the renewal structure and term, and eligibility requirements.
We will provide you with at least thirty (30) days' advance notice of any such amendments by sending a message to the email address (or other contact information at our discretion) associated with your account, and as applicable, posting a notice and a new copy of the Membership Terms on our Site. You may refuse the amendment and cancel your Account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after you receive notice of the new terms. Unless you notify us within thirty (30) days from the time you receive notice of the amendment that you do not agree to the new terms, you will be deemed to have agreed to the revised Membership Terms. If any change to these Membership Terms is unacceptable to you, you may stop using our Generation Lab membership services and delete your Account at any time. You acknowledge and agree that if you use the Generation Lab membership services after the date on which the Membership Terms have changed, Generation Lab will treat your use as acceptance of the revised Membership Terms.
Except as detailed below or as required by applicable law, payments for kits and/or services (including upgrades) are non-refundable and there are no refunds or credits for partially used kits and/or services.
Generation Lab Membership Service.There are no refunds or credits for partially used Generation Lab membership periods. If you cancel a membership service, you will continue to have access to the membership service until the end of the applicable membership period.
Please see below for additional return and refund details and/or restrictions for specific products or services.
Effective Date: March 28, 2024
These “Telehealth Terms of Service” supplement the terms and conditions set forth in the Generation Lab Terms of Service, which more broadly govern your use of all of Generation Lab’s Services. Please read the Terms of Service carefully—they include important provisions, including limitations on our liability, and where permitted by applicable law, an arbitration agreement, and a class action waiver.
All capitalized terms not defined in these Telehealth Terms of Service have the respective meanings set forth in our Terms of Service. To the extent any provision of these Telehealth Terms of Service conflicts with any provision of our Terms of Service, these Telehealth Terms of Service will supersede the Terms of Service to the extent of the conflict only.
PLEASE READ THESE TELEHEALTH TERMS OF SERVICE CAREFULLY. BY ENGAGING IN TELEHEALTH SERVICES COORDINATED BY GENERATION LAB, YOU ARE AGREEING TO THESE TELEHEALTH TERMS OF SERVICE. YOU MUST ALSO AGREE TO THE PROVIDERS’ (AS DEFINED BELOW) CONSENT TO TELEHEALTH AND ACKNOWLEDGE RECEIPT OF THE MEDICAL RECORD PRIVACY NOTICE, OTHERWISE THE PROVIDERS WILL NOT BE ABLE TO PROVIDE TELEHEALTH SERVICES TO YOU.
Telehealth involves the delivery of healthcare using email, telephone and other information technology-enabled means between a healthcare provider and a patient who are not in the same physical location, and may include care involving diagnosis and treatment and other follow-up clinical care, including laboratory testing and prescription (“Telehealth Services”). Generation Lab, Inc. (“Generation Lab”) customers have an opportunity to participate in Telehealth Services coordinated through Generation Lab and its service providers, subsidiaries, and affiliates, including Lemonaid Health, Inc., which contracts with licensed healthcare providers (“Providers”) to offer the Telehealth Services at Generationlab.com and associated mobile applications (collectively, the “Site”).
Generation Lab makes website and mobile app features, and other products and services available to you when you visit the Site, use Generation Lab’s telehealth-related products or services, interact with a Provider via our Site, or interact with or communicate through Generation Lab products or services. Providers on our Site may create and gather healthcare records and information, and we provide administrative support in connection with scheduling visits, payment for Telehealth Services, and communications between you and the Providers.
General Information Available on the Site is Not Professional Advice. Telehealth Services are not for Emergency Situations.
TELEHEALTH SERVICES ARE NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER.
Your Relationship with Generation Lab.Generation Lab does not provide any medical services; we provide a technology platform for you to access a Provider on our Site. Except as otherwise described in this section, materials available on the Site for Telehealth Services, including all data, information, text, graphics, links, and other material made available to you, are provided as a convenience to you. The information provided on the Site is for general informational and educational purposes only. Other than the personalized content sent to you directly by a Provider or the personalized advice a Provider offers verbally during a visit, you should not consider content on the Site to be the provision or practice of medical or professional healthcare advice and you should not use such content for diagnosis or treatment of any condition or symptom.
The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the Provider; you are not entering into a provider-patient relationship with Generation Lab. Generation Lab does not practice medicine or nursing, and does not control, interfere with or otherwise influence the exercise of the Providers’ professional judgment in providing healthcare services. Each Provider is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license.
Eligibility and Availability. Similar to Generation Lab’s other services, Telehealth Services offered through the Site are intended and only suitable for individuals 18 years of age and above. Generation Lab and its partners hereby disclaim all liability for use of Telehealth Services by individuals under the age of 18. Additionally, specific age restrictions may apply based on clinical service and are subject to change.
Telehealth Services are intended to be used by individuals located in the United States only. Accordingly, you may only use Telehealth Services from a device located in the United States. Because Telehealth Services are subject to state regulations, certain offerings may not be available in every state, or may change from time to time depending on applicable law.
Agreeing to the Telehealth Terms of Service requirements does not guarantee that you will receive Telehealth Services; Generation Lab and the Providers each reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing notice to you with respect to offering and delivery of the Telehealth Service. Please see the Consent to Telehealth for more information.
Appropriate Use.You may not transfer or share your account password with anyone or create more than one account or profile for use of Telehealth Services. You may not use anyone else’s account or profile at any time to access Telehealth Services. Creating more than one account or profile substantially limits our ability to coordinate appropriate care because we have no way of linking your various accounts or profiles, and no way of knowing that previous registrations relate to you.
You may not access or use, or attempt to access or use, Telehealth Services to take any action that could harm us or any third party, interfere with the operation of Telehealth Services or use Telehealth Services in violation of applicable laws.
At Generation Lab, privacy is in our DNA, and we and the Providers understand the importance of confidentiality and privacy of your medical information. If you engage in the Telehealth Services, the Medical Record Privacy Notice will govern privacy and security of information in your medical record and is incorporated here by reference.
We reserve the right, in our sole discretion, to make changes to or end access to Telehealth Services at any time, and suspend use of Telehealth Services to anyone for any reason, including for violations of the Telehealth Terms of Service. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to the internal record retention and/or content destruction policies of Generation Lab or Provider, as applicable.
If you have used Telehealth Services, deleting your Generation Lab account will also end your access to Telehealth Services.
After any such termination, Generation Lab will have no further obligation to coordinate the Telehealth Services, except to the extent a Provider is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. Applicable terms in the Terms of Service and the following additional provisions of these Telehealth Terms of Service survive the expiration or termination: Third Party Goods and Services and Disclaimer of Liability.
You agree that Generation Lab, the Providers, and their respective subsidiaries, representatives, affiliates, officers and directors may contact you by email, telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with your account, including for marketing purposes where permitted by law. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
You further acknowledge that we may call or text you without your prior express consent for the purpose of delivering healthcare-related messages. There is no charge from us for this service, but your service provider’s message and data rates may apply.
You also understand that you may opt out of receiving text messages from us at any time by replying “STOP” to any text message that you receive from us using the device that is receiving the messages. If you do not choose to opt out, we may contact you as outlined in the Medical Record Privacy Notice.
You understand that while Generation Lab takes the privacy and the security of your health and other sensitive information very seriously, Generation Lab cannot guarantee the transmission of information over the internet and mobile networks is fully secure. Text messages and emails that you send to or receive from Generation Lab are not encrypted, which means that it is possible they may be intercepted by third parties. You should not text or email health or other sensitive information. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.
Cash-pay (no insurance is accepted).Neither Generation Lab nor the Providers accept commercial health insurance plans, are in-network with any commercial health insurance plans, or are enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Telehealth Services, you are specifically choosing to obtain products and services on a cash-pay basis.
Notice of Financial Responsibility.You are solely responsible for the costs of any Telehealth Services or products provided to you. You understand and agree that you are responsible for all fees due to receive Telehealth Services, including any fees charged by the Providers or organizations, including any third parties, that provide services to you in connection with the Telehealth Services. Generation Lab may collect the payment to Providers, or organizations that provide services to you, on their behalf. Generation Lab and/or the Providers or organizations, including pharmacy services, have no obligation to provide any Telehealth Services unless and until full payment has been received and/or verified.
No Refunds.Please refer toGeneration Lab’s Return and Refund Policy.
If you receive approval for a laboratory test from a Provider, you give us consent to disclose to the relevant laboratory certain Personal Information (such as your name and date of birth) and your Sample Information so that you may receive the laboratory services. The laboratory may retain your Sample Information and results subject to applicable law.
If you receive a prescription from a Provider, you understand and agree that Generation Lab and the Provider’s responsibility for any purchased product ends once the prescription product has been delivered to the common carrier. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Telehealth Services. Moreover, you give us consent to disclose to the relevant pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. Prescriptions may not be delivered in child-proof packaging, and must be kept out of the reach of children.
Parties other than Generation Lab, including labs, pharmacies and Providers, may provide services or sell products through Generation Lab (collectively, “Third-Party Good and Services”). Your use of any Third-Party Goods and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should read the terms and conditions, including privacy policies, of any third parties to understand the terms governing your use of their services or products.
GENERATION LAB HAS NO RESPONSIBILITY AND HEREBY DISCLAIMS ANY LIABILITY FOR TELEHEALTH SERVICES OFFERED OR DELIVERED BY A PROVIDER. EACH PROVIDER MAY CHANGE OR DISCONTINUE THE TELEHEALTH SERVICES AT ANY TIME, AND GENERATION LAB HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU.
Each of these terms and conditions may be changed from time to time.
Generation Lab may make changes to the Terms at any time. If we make a material change to the Terms, we will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.
In our Dos and Don’ts list below, we describe what you can and cannot do while using the Services.
By accessing Generation Lab Services, you agree to, acknowledge, and represent that:
As a condition of your use of the Services, you warrant to Generation Lab that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Furthermore you agree you will not use the Services to:
Your relationship with Generation Lab is commercial. You are a licensee of the Services. You understand and agree that Generation Lab is engaged in a commercial enterprise. Generation Lab is not a regulated health services provider. Generation Lab does not assume any fiduciary or similar obligations to you as a result of you using the Services. Generation Lab is not a trustee of your Genetic Information or other Personal Information.
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information provided to you, whether now or as genetic research advances, will be welcome or positive. As research advances, you may need to obtain further Services from Generation Lab, your physician, a genetic counselor, or other healthcare provider. We encourage you to talk to a genetic counselor to help you understand your results and testing options.
Some people feel a little anxious about getting genetic health results and you may learn information about yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father, surprising facts related to your ancestry, or that someone with your genotype may have a higher than average chance of developing a specific condition or disease).
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample up to 5% of the time if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.*
Here’s our policy on re-processing failed samples:
Note: If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, Generation Lab will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be uninterpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
No Refunds. Except as may be required by applicable law, payments are non-refundable and there are no refunds or credits for partially used services. Please refer to Generation Lab’sReturn and Refund Policy.
You should not change your health behaviors solely on the basis of Genetic Information received from Generation Lab.
Generation Lab’s Services are not intended to diagnose any condition or disease.
Generation Lab Services are for research, informational, and educational use only. We do not provide medical advice. Please note: the Genetic Information provided by Generation Lab is for research, informational, and educational use only. This means two things.
While we are licensed in the State of California as a clinical laboratory, not all jurisdictions require our Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international authorities for genetic testing conducted for health and disease-related purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have the required licenses.
Furthermore, to expand and accelerate the understanding and practical application of genetic knowledge in healthcare, we invite all eligible genotyped users to participate in Generation Lab Research. When we use the term “Product Development”, it means research performed for the purpose of new product development and new product development activities performed by Generation Lab on De-identified Information. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party. Participation in such research is voluntary and based upon an Institutional Review Board-approved consent document.
*Generation Lab data on file.
You agree that Generation Lab may, in its sole discretion and without prior notice, terminate your access to the Services. You also agree that any violation by you of these Terms including incorporated policies, such as the user conduct guidelines, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Generation Lab, for which monetary damages would be inadequate, and you consent to Generation Lab obtaining any injunctive or equitable relief that Generation Lab deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Generation Lab may have at law or in equity.
Generation Lab may preserve or disclose any information we have about you if we determine that such preservation or disclosure is necessary. Reasons for disclosure may include, but are not limited to: a connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Generation Lab’s rights or property, or the rights or property of visitors to or users of the Services, including Generation Lab’s customers. Generation Lab reserves the right to preserve or disclose any information that Generation Lab deems necessary to comply with any applicable law, regulation, or valid legal process.
If Generation Lab does take any legal action against you as a result of your violation of these Terms, Generation Lab will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Generation Lab. You agree that Generation Lab will not be liable to you or to any third party for termination of your access to the Services as a result of any violation or suspected violation of these Terms.
To use certain Services, you may need to create an account. You agree to provide Generation Lab with accurate, updated, and complete information for your account. Any parent or guardian who uses the Services on behalf of their child who is under the age of majority assumes full responsibility for ensuring the information that they provide to Generation Lab about their child is kept secure and that the information submitted is accurate. You are fully responsible for all activities that occur under your Generation Lab account, so it’s important to keep your account and password secure. If you think someone has gained access to your account, please contact our Customer Care Team immediately.
Your use of the Services is governed by our Privacy Statement. We encourage you to review our Privacy Statement to learn more about how we handle data.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of the Services and transmitted, whether publicly or privately, to or through Generation Lab. User Content does not include genetic or health information. To provide the Services to you, you must grant us a license to your User Content. We do not claim ownership of User Content, but you grant us a license to use it.
You give Generation Lab, its affiliated companies, sublicensees and successors and assignees a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, reproduce, adapt, modify, translate, publish, publicly perform, store, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. You acknowledge and agree that this license includes a right for Generation Lab to make such User Content available to other companies, organizations, or individuals with whom Generation Lab has relationships, and to use such User Content in connection with the provision of those services.
What does it mean to provide us with a license to your User Content? It means:
Other than User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Services is owned, controlled or licensed by or to Generation Lab, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Generation Lab grants you a limited license to copy and distribute free of charge any information contained in Generation Lab products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Generation Lab for sharing or downloading from the Services, provided that you do not:
You agree to defend and hold Generation Lab, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms; or your violation of any rights of another.
If you have submitted a sample or otherwise provided your own information, you will defend and hold harmless Generation Lab, its employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any information obtained from analyzing your sample and/or analyzing your information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Generation Lab, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your information.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENERATION LAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENERATION LAB MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE PRICES, DESCRIPTIONS OF ANY PRODUCT OR SERVICE, OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, OR UNFAILINGLY SECURE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENERATION LAB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENERATION LAB DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENERATION LAB SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. (6) WE MAY REQUEST CERTAIN INFORMATION FROM YOU THAT IS APPLICABLE TO A TRANSACTION, INCLUDING, WITHOUT LIMITATION, CURRENT CREDIT CARD AND OTHER PAYMENT AND SHIPPING INFORMATION. BY PROVIDING US YOUR INFORMATION, YOU EXPRESSLY GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE COMPLETION OF TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENERATION LAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENERATION LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENERATION LAB SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Modification. Generation Lab reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. If you violate the Terms and/or Generation Lab has a reasonable ground to suspect that you have violated the Terms, Generation Lab has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Termination. Generation Lab may also, at any time, terminate its legal agreement with you if: (1) you have breached the Terms or incorporated policies, such as the user conduct guidelines (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Generation Lab is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Generation Lab offered the Services to you has terminated its relationship with Generation Lab or ceased to offer the Services to you; (4) Generation Lab is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Generation Lab is, in Generation Lab’s opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Generation Lab shall not be liable to you or any third party for any termination of your access to the Services, and you will defend and indemnify Generation Lab and its affiliates against any liability, costs, or damages arising out of the breach of the representation. Finally, Generation Lab may, in its sole discretion, restrict access to the website for any reason.
Survival of Terms. When the Terms come to an end, regardless of who terminates them, both you and Generation Lab will continue to be bound by all but the following sections: Limited License, Modifications to Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Generation Lab has no control over such sites and resources, you acknowledge and agree that Generation Lab is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You should read the terms and conditions, including privacy policies, of any third parties to understand the rules and policies governing your use of their services or products.
Entire Agreement. The Terms make up the entire agreement between you and Generation Lab, and supersede any prior agreements.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules, or provisions.
Waiver. If we do not enforce a provision in these Terms, it will not be considered a waiver.
Severability Clause. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment. You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Generation Lab for any third party that assumes our rights and obligations under this agreement.
Notices to you may be made via either email or regular mail. Generation Lab may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices must be sent to us at:
Generation Lab, Inc.
893A Folsom St
San Francisco, CA 94107.
Additionally, Generation Lab accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
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