Terms of Service

Acceptance of Terms

Your use of 23andMe's products, software, services and web sites (referred collectively as the "Service" or "Services" in this document and excluding any services provided to you by 23andMe under a separate agreement) is subject to the terms of the legal agreement between you and 23andMe set forth in these Terms of Service ("TOS"). "23andMe" means 23andMe, Inc., whose principal place of business is at 1390 Shorebird Way, Mountain View, CA 94043 (hereafter referred to as "23andMe"). In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by 23andMe for any Service; or (2) by actually using the Services. In this case, you understand and agree that 23andMe will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular 23andMe services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 23andMe also may offer other services from time to time that are governed by different terms of service. You may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with 23andMe, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services. Please print or save a local copy of the TOS for your records.

Description of Service

The Services include access to the 23andMe public website and personal genotyping services, including the collection and analysis of your saliva sample as well as the Services Content (as defined below) (the "Service" or "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that 23andMe assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms. 23andMe is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which 23andMe provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that 23andMe may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at 23andMe's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform 23andMe when you stop using the Services.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while 23andMe may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by 23andMe at any time, at 23andMe's discretion.

Description of What the Services Are and Are Not: 23andMe Service Is For Research and Educational Use Only. We Do Not Provide Medical Advice, And The Services Cannot Be Used For Health Ascertainment or Disease Purposes

The genetic information provided by 23andMe is for research and educational use only. This means two things. First, the genetic information you receive from 23andMe is based on scientific research, and cannot be relied upon at this point for diagnostic purposes. Genetic discoveries that we report have not, for the most part, been clinically validated, and the technology the laboratory uses the same technology used by the research community has also not yet been validated for clinical utility. Second, by your participation in the 23andMe service you contribute your genetic information to our research effort to study various aspects of human genetics in an attempt to better understand the human genome. In addition our service enables you to contribute other personal information towards research as well. As a result, our Services, including but not limited to text, graphics, images, information relating to (a) My Health and Traits, including the 23andMe Odds Calculator, technical reports, MD's Perspectives, research timelines; (b) Genome Labs, including genetic comparisons, family inheritance and your raw data; (c) Ancestry, including maternal ancestry, paternal ancestry, global similarity, and (d) other material contained in our Services ("Services Content") are for informational and educational purposes only. The Services Content is not to be, and is not intended to be, used for any diagnostic purpose and is not a substitute for professional medical advice. The Services Content is not to be used, and is not intended to be used, by you or any other person to diagnose, cure, treat, mitigate, or prevent a disease or other impairment or condition, or to ascertain your health. You should always seek the advice of your physician or other appropriate healthcare professional with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

23andMe does not recommend or endorse any specific course of action, resources, tests, physicians, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. As explained on our website, 23andMe believes that (a) genetics is only part of the picture of any individual's state of being, (b) the state of the understanding of genetic information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, (c) only a trained healthcare professional can assess your current state of health or disease, taking into account many factors, including your current symptoms, if any, and (d) our testing service is not licensed by the relevant state and federal authorities for genetic testing conducted for health and disease-related purposes. Reliance on any information provided by 23andMe, 23andMe employees, others appearing on our website at the invitation of 23andMe, or other visitors to our website is solely at your own risk.

Your Account Creation, Customer Account, Password and Security Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 23andMe has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, 23andMe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access 23andMe's Web Site through your username and password, you will defend and indemnify 23andMe and its affiliates against any liability, costs, or damages arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify 23andMe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 23andMe cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

23andMe Privacy Statement

Certain information about you is subject to our Privacy Statement. For more information, please see our full privacy statement.

Customer Conduct and Limited License

You understand that all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that you, and not 23andMe, are entirely responsible for all content that you upload, post, email, or otherwise transmit via the Service.

You should be aware that content presented to you as part of the Services, whether original 23andMe content or sponsored content within the Services (collectively, the "Content"), is protected by copyright and/or other intellectual property rights which are owned by 23andMe and/or the sponsors who provide that content to 23andMe (or by other persons or companies on their behalf). 23andMe grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Content with the exception of content from "MD's Perspectives" in the "For the Experts" section of the website, provided you: (i) provide the Content as it appears on the 23andMe website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Content; (ii) include the following attribution on the first page of any materials you distribute: © 23andMe, Inc. 2009. All rights reserved; distributed pursuant to a Limited License from 23andMe; (iii) agree you have no right to offer anyone else any further right with respect to this Content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by 23andMe or by the owners of that Content, in a separate agreement.

You agree to not use the Service to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, a 23andMe official, or falsely state or otherwise misrepresents your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of 23andMe or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate any code of conduct or other guidelines which may be applicable for any particular area of the Service; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you warrant to 23andMe that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You understand that using 23andMe's web site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your service.

You agree that you are solely responsible for (and that 23andMe has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which 23andMe may suffer) of any such breach.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access 23andMe's Services online.

Material Provided to 23andMe or Posted on the Service

23andMe will not, at all times, control all of the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-23andMe content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will 23andMe be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise transmitted via the Service.

You acknowledge that 23andMe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Service. Without limiting the foregoing, 23andMe and its designees shall have the right to remove any content that violates the TOS or is deemed by 23andMe, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by 23andMe or submitted to 23andMe, including, without limitation, information in 23andMe news section, and in all other parts of the Service.

With the exception of your saliva sample, 23andMe does not claim ownership of the materials you provide to 23andMe (including feedback and suggestions) or post, upload, input, or submit to the Service (collectively "Submissions"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your submission, you are granting 23andMe, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 6 above) and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Submissions in connection with the operation of their Internet business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works from your Submissions. For purposes of clarity, 1) your Genetic information is not considered a Submission, 2) personal information solicited by 23andMe and collected through surveys and questionnaires, or "Phenotypic Information," is also not considered a Submission and 3) treatment and rights with respect to Genetic and Phenotypic Information are governed by the Consent and Legal Agreement, Privacy Statement, applicable terms herein and, with respect to Phenotypic Information, the terms provided together with the solicitation of such information. Unless you have agreed otherwise in writing with 23andMe, you agree that you are responsible for protecting and enforcing those rights and that 23andMe has no obligation to do so on your behalf.

You acknowledge and agree that 23andMe has the right to monitor any use of these systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the 23andMe Services, Web Site, or other systems. Further, you acknowledge and agree that 23andMe is free to preserve and disclose content to non-profit or commercial partner organizations conducting scientific research, law enforcement agencies, or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or obligations that 23andMe may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 23andMe, its users, its clients, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, 23andMe may, in its sole discretion, restrict access to the Web Site for any or no reason.

Indemnity

You agree to indemnify and hold 23andMe, and its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

No Resale of Service

Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that 23andMe may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that content will be retained by the Service, the maximum disk space that will be allotted on 23andMe's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that 23andMe has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that 23andMe reserves the right to change these general practices and limits at any time, in its sole discretion.

Modifications to Service

23andMe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 23andMe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

The Software which you use may automatically download and install updates from time to time from 23andMe. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 23andMe to deliver these to you) as part of your use of the Services.

You acknowledge that 23andMe may offer different or additional technologies to collect genetic data in the future and that your purchase of our Service today does not entitle you to any different or additional technologies for collection of your genetic data without fee, and you will have to pay additional fees in order to have your genetic data collected on any future or additional technologies.

Termination

The TOS will continue to apply until terminated by either you or 23andMe as set out in this Section 14.

If you want to terminate your legal agreement with 23andMe, you may do so by (a) notifying 23andMe at any time in writing, which will entail closing your accounts for all of the Services which you use. Your notice should be sent, in writing, to 23andMe's address, which is set out at the beginning of the TOS.

23andMe may at any time, terminate its legal agreement with you (and in conjunction therewith your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); or (2) 23andMe is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (3) the partner with whom 23andMe offered the Services to you has terminated its relationship with 23andMe or ceased to offer the Services to you; or (4) 23andMe is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (5) the provision of the Services to you by 23andMe is, in 23andMe's opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities. You agree that 23andMe shall not be liable to you or any third-party for any termination of your access to the Service.

When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and 23andMe have benefited from, been subject to (or which have accrued over time whilst the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 24 shall continue to apply to such rights, obligations, and liabilities indefinitely.

Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with, or participation in promotions of, information providers or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You agree that 23andMe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

Hyperlinks from 23andMe Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because 23andMe has no control over such sites and resources, you acknowledge and agree that 23andMe 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 further acknowledge and agree that 23andMe 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 hyperlinked site or resource.

23andMe's Proprietary Rights

You acknowledge and agree that 23andMe (or 23andMe's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by 23andMe and that you shall not disclose such information without 23andMe's prior written consent.

You specifically acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by 23andMe or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. Software, if any, that is made available to download from the Service, excluding software that may be made available by end-users through the Service, ("Software") is the copyrighted work of 23andMe and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

23andMe, Inc., 23andMe, and other 23andMe logos and product and service names are trademarks of 23andMe and these marks together with any other 23andMe trade names, service marks, logos, domain names, and other distinctive brand features are the "23andMe Marks". Unless you have agreed otherwise in writing with 23andMe, nothing in the TOS gives you a right to use any 23andMe Marks and you agree not to display, or use in any manner, 23andMe Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by 23andMe, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

For any Software not accompanied by a License Agreement, 23andMe grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 23andMe, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 23andMe, in the manner permitted by the TOS. Unless 23andMe has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 23andMe for use in accessing the Service. Any rights not expressly granted herein are reserved.

Your saliva, once submitted to and analyzed by us, becomes our property. Any genetic information derived from your saliva remains your information. We retain the rights set forth in the consent form and any additional terms of service.

You agree that this license includes a right for 23andMe to make such content available to other companies, organizations, or individuals with whom 23andMe has relationships, and to use such content in connection with the provision of those services.

You understand that 23andMe, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit 23andMe to take these actions.

You confirm and warrant to 23andMe that you have all the rights, power, and authority necessary to grant the above license.

Your Proprietary Rights

You retain copyright and any other rights you already hold in information and content you create and which you submit, post, or display on or through, the Services. By submitting, posting, or displaying the information and/or content, you give 23andMe a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any content which you submit, post, or display on or through the Services. Notwithstanding the foregoing, 23andMe, its affiliated companies, necessary sublicensees and successors and assigns will only share or otherwise publicize your responses to requests for contributed personal information as set forth in the request for such information.

You confirm and warrant to 23andMe that you have all the rights, power, and authority necessary to grant the above license.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 23ANDME 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) 23ANDME MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ib) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE 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 SERVICE 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 23ANDME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. 23ANDME DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE AND, THEREFORE, 23ANDME SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 23ANDME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 23ANDME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE, (v) 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 SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

Notice

Notices to you may be made via either email or regular mail. 23andMe may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

Changes to the Terms

23andMe may make changes to the TOS from time to time. When these changes are made, 23andMe will make a new copy of the TOS available at www.23andme.com/legal/tos and any new additional terms will be made available to you from within, or through, the affected Services.

You understand and agree that if you use the Services after the date on which the TOS have changed, 23andMe will treat your use as acceptance of the updated TOS.

General Legal Terms

The TOS and the Consent and Legal Agreement constitute the entire agreement between you and 23andMe and govern your use of the Service, superceding any prior agreements between you and 23andMe. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and 23andMe shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 23andMe agree to submit to the personal and exclusive jurisdiction of the courts located within California. The failure of 23andMe to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are for convenience only and have no legal or contractual effect.