TERMS AND CONDITIONS
Wamberg Genomic Advisors, Inc
Last Updated: October 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) before using the https://www.cancerguardian.com/ website (the “Service”) operated by Wamberg Genomic Advisors, Inc. (WGA) (“us”, “we”, or “our”) for direct services.
Your access to and use of the direct Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the direct Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
If you wish to purchase any program direct made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your full name, date of birth, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: program availability, errors in the description or price of the program, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating program and service offerings of the Service. We may experience delays in updating information of the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Programs or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
WGA offers the option of annual, quarterly and monthly billing frequencies. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set at date of enrollment.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or WGA cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting WGA Customer Support Team.
A valid payment method, including an electronic transfer or wire, debit or credit card, is required to process the payment for your Subscription. You shall provide WGA with accurate and complete billing information including full name, email address, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize WGA to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, WGA notify you and request updated payment information, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
WGA, at its sole discretion and at any time, may modify the program pricing. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
WGA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. WGA does not charge a fee for cancellations or terminations of your Subscription.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You have the right to cancel this plan within 30 days after the effective date for a full refund of program charges paid during the first 30 days unless you are in a contract.
Our Service allows you to upload and update your account information. You are responsible for the Content that you upload or enter on or through the Service, including its legality, reliability, and appropriateness.
By uploading or entering Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the uploading of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating privacy rights.
However, by providing Content using the Service you grant us the right and license to use, modify, perform, such Content on and through the Service.
In addition, Content on or through this Service are the property of WGA. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create a member account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WGA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WGA.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by WGA. WGA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that WGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your direct member account, please contact the WGA Client Services Team.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless WGA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall WGA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, non-infringement or course of performance.
WGA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact our Client Services Team at [email protected] or 855-WAMBERG (855-926-2374).
Wamberg Genomic Advisors, Inc.
4330 La Jolla Village Drive
San Diego, California 92122