Last Updated: June 3, 2020
Welcome to https://meenta.io (together with any of our proprietary software and mobile applications, the “Site”), an online platform connecting users (“Meenta Users”) with clinical and academic laboratories, core research facilities and other institutions approved by Meenta (“Hosts”). After being matched with Meenta Users through the Site, Hosts provide (i) next generation sequencing and related genomics services (“Genomics Services”) using sequencing instruments and other similar equipment (“Sequencing Equipment”) or (ii) laboratory testing services (“Testing Services” and, together with the Genomics Services, the “Services”), and deliver to Meenta Users the information, data, documentation, reports, results and other products of the applicable Services (the “Results”).
THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MEENTA, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY.
MEENTA IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR HEALTHCARE ADVICE OR SERVICES VIA THE SITE. THE SITE IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE OR FACILITATE MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SITE OR SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS.
1. Eligibility and User Registration
The Site and the Services are intended solely for persons who are 18 or older. Any access to or use of the Site or requests for Services by anyone under 18 is expressly prohibited. By accessing or using the Site or requesting Services, you represent and warrant that you are 18 or older. For purposes of clarity, for Users requesting Testing Services, this paragraph does not restrict the collection of specimens from minors who are employed by a User, provided that a parent or guardian executes an Informed Consent and an Authorization Form (each as defined in the Laboratory Testing Supplemental Terms) on the minor’s behalf.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You may not have more than one active Meenta Account and we reserve the right to suspend or terminate your Meenta Account and your access to the Site if you create more than one account.
2. Payment Terms
All payments shall be made in U.S. Dollars. In addition to any other remedies available to us hereunder, if you fail to pay any undisputed amounts within thirty (30) days after payment is due, then you shall pay us a late payment charge equal to 1.25% per month (or the highest rate permitted by law, if lower).
3. Communication Tool
4. Handling, Storage and Disposal of Specimens
Each Host agrees to comply with all applicable laboratory, regulatory, and health and safety guidelines and regulations (and, if the Host is performing Genomics Services performed, all Protocols) governing: (a) the handling, storage and use of Specimens, until such times as the Services have been completed; and (b) disposal of any excess Specimens upon completion of the Services. You should contact us immediately if you decide for any reason that Specimens or other Materials delivered to the Host should be returned to you. Notwithstanding anything to the contrary herein, you acknowledge and agree that Meenta cannot guarantee the return of any Specimens or other Materials that you have already delivered to the Host. If you request the return of Specimens or other Materials, you will be obligated to pay for shipping and bear the risk of loss upon delivery by the Host to a common carrier. Further, we reserve the right to charge you in full for the Services ordered for any returned Specimens or other Materials should the Host have commenced the ordered Services or incurred expenses in connection therewith (even if such Services were not completed).
5. Services Warranty
Meenta makes no representation, warranty or endorsement regarding any Host; no agency, partnership, joint venture or other form of joint enterprise or employment relationship exists between Meenta and any Host. By using the Services, you agree that your sole remedy for any damage or harm resulting from any acts or omissions of a Host will be limited to claims against such Host, and that you will not seek monetary damages or any other remedy from Meenta in connection with such events.
Each Host warrants that (i) the Services will be performed by qualified personnel and (ii) Genomics Services will be performed in accordance with the applicable Genomics Service Specifications (the “Services Warranty”). Our sole obligation with respect to a breach of the Services Warranty by the Host, and your sole remedy, shall be: (a) for Meenta to have the Host (or, in Meenta’s sole discretion, an alternate Host) re-perform the non-conforming Services so that they conform to the Services Warranty at no additional charge; or (b) if, using commercially reasonable efforts, the Host is unable to re-perform and Meenta is unable to find an alternate Host to re-perform the non-conforming Services, to receive a refund for any fees actually paid for the non-conforming Services.
You acknowledge that you are solely responsible for all aspects of the experimental design in connection with any Genomics Services you request, including the Genomics Service Specifications (as defined below) (the “Experimental Design”). Without limiting the Host’s Services Warranty set forth above, neither Meenta nor the Host shall be responsible for any unexpected Results or adverse impact on the Results arising from or otherwise related to the Experimental Design.
6. Meenta’s Role and Obligations
We make available an online platform connecting Meenta Users with clinical and academic laboratories, core research facilities and other institutions. We do not perform Genomics Services or Testing Services and we do not own or operate Sequencing Equipment.
If for any reason a Host informs us or we determine in our sole discretion that a Host cannot perform the Services described in an Order, then we may select an alternate Host to perform such services. In the event we select an alternate Host to perform the Services, we will promptly notify you and arrange for you or the previous Host, as applicable, to deliver the Specimens (and other Materials, if applicable) to the alternate Host.
7. Commitment to Exclusively Use the Site
Following your registration as a member of the Site until six (6) months after termination of your Meenta Account (as described below), you agree not to engage any Host that is then listed on this Site to perform Services outside of the Site. The restrictions set forth in this paragraph shall not apply to a Host if: (a) you and such Host are part of the same laboratory, university, research facility or other similar organization; or (b) such Host performed sequencing services on your behalf at least once during the six (6) months preceding your registration as a member of the Site.
You acknowledge that we will contact the Host on your behalf after you submit an Order, and you agree not to engage the Host prior to acceptance of your Order or to otherwise circumvent the functionality of the Services. All communications with Hosts related to the Services must be made using the Site’s Communication Tool.
8. User Attestations, Representations and Warranties
Each time you use the Site, submit an Order requesting Services or deliver Specimens or other Materials to a Host, you attest, represent and warrant to such Host and to Meenta that:
- You are fully aware of all applicable federal and state law and your own institution’s policies, and you affirm that your request for Services complies with all requirements imposed by law, contractual obligations or policy; and
- You agree that the Results may be withheld (to the extent permitted under applicable law) in the event of any non-compliance with applicable law, contractual obligations or institution policy.
9. Proprietary Rights in the Materials and Results
10. Proprietary Rights in the Site
12. Links to Other Websites
The Site may contain links to other websites that are not under the control of Meenta or this Site. The inclusion of any link does not imply endorsement by us of such site and we are not responsible for the content of such linked sites. If you decide to leave the Site and access a third party website, you do so at your own risk.
14. Disclaimer of Warranties
MEENTA IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE PROFESSIONAL MEDICAL OR CLINICAL SERVICES OR ADVICE. THE SITE AND SERVICES PROVIDED BY MEENTA DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR CLINICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEENTA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MEENTA, DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. Your Conduct
You (which for purposes of clarity includes your Registered Users) shall not post, upload, transmit or share any information or other content on the Site that:
- is false, inaccurate or misleading;
- is obscene or indecent;
- infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party, or is otherwise unlawful;
- is defamatory, libelous, threatening, abusive, hateful, or contains pornography;
- contains unsolicited or unauthorized advertisements, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
You shall not interfere with Hosts’ or other Users’ use and enjoyment of the Site. You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You shall not solicit personal information from anyone under the age of 18 or solicit passwords from any Host or other User. You shall not use contact information provided by other Users or Hosts, or collect email addresses or other information about other Users and Hosts, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.
18. User Notices
You agree that we may send notices to you by email at the email address you provide when registering or applying for registration (or which you later update using the functionality of the Site).
19. Comments and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to Meenta are non-confidential and that Meenta shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
20. Independent Contractor
You and any Hosts that render Services on your behalf are independent contractors and nothing herein will be construed to create a partnership, joint venture, or agency relationship between you and any such Host. You agree not to represent yourself in any way to be a partner or joint venturer of or with any Host.
21. Disputes and Governing Law
In the event of any dispute arising under or in any way connected with the Services, the Results or your membership in or use of the Site (“Dispute”), you agree to cooperate fully and to provide any documentation or other information we reasonably request.
22. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MEENTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
23. Miscellaneous Terms
The Services are controlled and operated from facilities in the United States. Meenta makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
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Boston, MA 02108