Terms of Use

We are always trying to improve our Products and Services, so these Terms may need to change along with them. We may change the Terms at any time, but if we do, we will place a notice on the Site, send you an email, and/or notify you through the App or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other change to these Terms will be effective unless in writing and signed by both you and us.

The Services can be used in two ways:

• Individual Users. Individuals who purchase a Kit from us (such as through our official Amazon account) or our authorized resellers or distributors or receive one from a Provider, and use the App to collect a saliva sample, capture an image of the Kit test card, and view oral wellness information about the sample (“Results”).

• Provider Users. Dentists, physicians, hygienists and other licensed health care professionals and their practices (“Providers”) who use the Services to administer Kits to their patients, capture or upload test card images, and view and manage patient Results. Providers may purchase Kits through the Site (via our Shopline checkout) or through authorized distributors.

If your Provider creates an account or profile for you through the Provider Portal, you may be invited to access the App to view your Results. Your use of the Services is subject to these Terms once you accept them, and your Provider’s use of your information is governed by its own privacy practices.

If you are a Provider, your use of the Services is also governed by the written agreement between your practice and Oral Genome (including any business associate agreement and the Provider Portal Terms (https://www.oralgenome.com/provider-portal-terms)) (collectively, the “Provider Agreement”). If there is a conflict between these Terms and a Provider Agreement, the Provider Agreement controls. Providers are solely responsible for their professional judgment, for obtaining any patient consents and authorizations required by law, and for compliance with laws governing their practice. Providers are responsible for all activity by their personnel and any other users they authorize to access the Provider Portal, and for ensuring those users comply with these Terms.

Purchases of Kits by Providers through the Site are governed by our Terms of Sale, and purchases through our distributors may also be subject to distributor’s terms and policies. If you have signed a separate master services agreement with Oral Genome, such separate agreement will govern the subject matter of such agreement. Purchases on Amazon will be subject to Amazon’s applicable terms and policies and additional terms presented to you during such purchases.

Oral Genome’s Kits use a test card that changes color or otherwise reacts to markers in saliva. When you or your Provider take a photo of the test card using the App, our software analyzes the image and generates Results. You must not eat or drink for at least 30 minutes before collecting your saliva sample. Results depend on correct sample collection, timing, lighting, camera quality, and following the Kit instructions, and may be affected by tobacco, oral hygiene products, medications, and other factors. You agree to follow all instructions, warnings, and safety information provided with the Kit and in the App. Improperly collected samples, expired or contaminated Kits, or poor-quality images may produce inaccurate Results or no Results. Replacements and refunds, if any, are governed by the applicable terms of sale.

THE SERVICES AND RESULTS ARE INTENDED FOR GENERAL WELLNESS, EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE OR CONDITION, AND THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL DENTAL OR MEDICAL ADVICE, EXAMINATION, DIAGNOSIS OR TREATMENT.

Oral Genome does not practice medicine or dentistry and does not provide medical or dental advice. Results reflect indicators measured in a single sample at a single point in time; they are not clinical measurements and are not reference ranges. As with any test, false positive and false negative results are possible. You rely on any Results or other information provided through the Services at your own risk, and you are solely responsible for any decisions or actions you take based on them. You should share your Results with your dentist, physician or other qualified health care professional and should never disregard professional advice, or delay seeking it, because of something you learned through the Services. Using the Services does not create a provider-patient relationship between you and Oral Genome.

If you are a Provider, Results are intended to support, and not replace, your independent professional judgment. You should not rely on Results as the sole basis for any diagnosis or treatment decision, and you remain solely responsible for the care you provide.

THE SERVICES ARE NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR DENTAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

Not a Medical Device. The Kits, Results, software and Content have not been cleared or approved by the U.S. Food and Drug Administration.

Kit Safety. Each Kit is intended for a single use with saliva collected from one person. Do not reuse or share Kit components. Do not ingest any Kit components. Children may be tested under the supervision of a parent, legal guardian, or Provider, but an adult must complete registration on their behalf. Keep unused Kits and components out of reach of young children and pets. Store and dispose of Kits as described in the instructions.

Oral Genome takes your privacy very seriously. For the current Oral Genome Privacy Policy, please click here (https://www.oralgenome.com/privacy-policy).

Health Insurance Portability & Accountability Act. If you receive a Kit through, or share Results with, a Provider that is a “covered entity” under the Health Insurance Portability and Accountability Act (“HIPAA”), that Provider’s use and disclosure of your health information is governed by its own Notice of Privacy Practices, and Oral Genome may be processing your information on that Provider’s behalf as its business associate. Information you provide to Oral Genome directly as an Individual User (for example, when you purchase a Kit on Amazon and use the App yourself) generally is not protected health information under HIPAA, but we protect it as described in our Privacy Policy.

Children. You must be at least 18 years old to create an account or register a Kit. Children may be tested, but an adult must complete registration and submit information on their behalf. A parent or legal guardian registering a child must have authority to consent to the child’s use of the Services and submission of information. Providers registering minor patients are responsible for obtaining the necessary consent and authorization. Children may not independently create accounts or register Kits. By registering a Kit on behalf of a child, you represent that you have such authority.

Children’s Online Privacy Protection Act. The Services are not directed to children. Children under thirteen (13) may not create accounts or submit information through the Services. Information about a child is provided only by a parent, legal guardian or Provider. We do not knowingly collect personal information directly from a child under thirteen (13). If we learn we have collected personal information directly from a child under thirteen (13), we will delete that information. If you believe that a child under thirteen (13) may have provided us with personal information, please contact us at support@oralgenome.com.

Users Under 16. We do not knowingly collect or solicit personal information directly from children under sixteen (16) years of age, other than information submitted on their behalf by a parent, legal guardian or Provider. If you are under sixteen (16), please do not attempt to register for an account or otherwise use the Services or send us any personal information on your own. If we learn we have collected personal information directly from a child under sixteen (16) in violation of this section, we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us personal information, please contact us at support@oralgenome.com.

You may be required to sign up for an account, select a password and user name (“Oral Genome User ID”), and provide us with certain information, such as your contact information, date of birth and responses to a health questionnaire, such as the caries risk assessment and diabetes risk assessment required for the applicable testing workflow. You promise to provide us with accurate, complete, and updated registration and health information about yourself (and any child or other person on whose behalf you register a Kit). You may not select as your Oral Genome User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may be able to access the Services using credentials from other services, such as Google or Apple (each, a “Third Party Account”). By doing so, you permit us to access certain information from that account for use by the Services, and you can control that information through your Third Party Account’s privacy settings.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization, such as a dental or medical practice, you represent and warrant that you are authorized to agree to these Terms on that organization’s behalf and bind it to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization). Each sample you submit must be your own, or that of a person you are legally authorized to act for (or, for Providers, of a patient who has authorized the test).

Unless you are a Provider using the Services in your practice, you will only use the Services and Products for your own personal, non-commercial use (or that of a child or other person on whose behalf you register a Kit), and you will not resell Kits. You will only use the Services in a way that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. The Services are intended only for use in the United States.

You will not share your Oral Genome User ID, account or password with anyone, and you must protect the security of your Oral Genome User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Oral Genome User ID and account. Provider Users are responsible for ensuring that only authorized personnel access the practice’s account.

As part of the Services, you may receive transactional messages that Oral Genome sends you (for example, via email), such as reminders to complete your test and notices that Results are available. If you ask us to contact you, our team may respond by phone or text message. You represent and warrant that each person you register for the Services or for whom you provide contact information has consented to receive communications from Oral Genome.

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submissions (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a way that: (a) infringes or violates the intellectual property rights or any other rights of anyone else (including Oral Genome); (b) violates any law or regulation, including, without limitation, any applicable export control laws or privacy laws; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) submits a sample, image or information of any person without that person’s (or their legal representative’s) authorization, or falsifies or manipulates a test card image or Results; (e) jeopardizes the security of your Oral Genome User ID, account or anyone else’s; (f) attempts, in any way, to obtain the password, account, or other security information from any other user; (g) violates the security of any computer network, or cracks any passwords or security encryption codes; (h) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (i) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (by manual or automated means); (j) copies or stores any significant portion of the Content; (k) uses the Services, Results or Content to develop, train or benchmark any competing product, algorithm or machine learning model; or (l) decompiles, reverse engineers, or otherwise attempts to obtain the source code, algorithms or underlying ideas or information of or relating to the Products or Services, including by analyzing the chemistry or design of the Kits. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed or performed or available on or through the Services, including text, graphics, data, Results reports, articles, photos, images, illustrations, software and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Oral Genome’s) rights. You may download, print and share your own Results with your health care providers and others you choose.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without our prior written permission. You understand that Oral Genome owns the Services, including the Kit designs, image-analysis technology, algorithms and software. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. Even where the Services allow you to copy or download certain Content, all the restrictions in this section still apply.

Anything you post, upload, share, or otherwise provide through the Services, including your questionnaire responses, test card images, photos and messages, is your “User Submission.” You are solely responsible for your User Submissions and represent that they are accurate, complete and lawfully provided, and that you have all rights necessary to provide them. Our use of the personal information in your User Submissions and Results is governed by our Privacy Policy.

Subject to our Privacy Policy and applicable law, you grant Oral Genome a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, store, reproduce, analyze, modify (for technical purposes) and otherwise use your User Submissions and Results to provide, maintain, secure and improve the Services, including to validate and improve the accuracy of our Kits and image-analysis algorithms. We may also create de-identified or aggregated data from your User Submissions and Results, as described in our Privacy Policy, and we own such de-identified and aggregated data. By providing a sample or information, you acquire no rights in any research, products, algorithms or commercial developments that Oral Genome may create, and you will not receive compensation for them.

If you are a Provider User, your Provider Agreement may include different rights and limitations applicable to the User Submissions, Results and other data and content you share through the Services, and to the extent of any conflict with this paragraph, the terms of your Provider Agreement will control.

You may provide suggestions, comments or other feedback to Oral Genome about the Services or Products (“Feedback”). Feedback shall not create any confidentiality obligation for Oral Genome. You hereby grant to Oral Genome a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person who provided it, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or Results or what actions you may take as a result of seeing them.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Oral Genome, including Providers you choose to share Results with. Oral Genome has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party websites or services, or the professional services of any Provider. Your interactions with Providers and other third parties found on or through the Services are solely between you and them, and Oral Genome is under no obligation to become involved in any dispute between you and any of them. To the fullest extent permitted by law, you release Oral Genome, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, arising out of or in any way related to such disputes. You waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Partner Offers. The Services may include links to products or offers from our partners, which you may purchase on the partner’s website or on third-party marketplaces such as Amazon. These purchases are made directly with the partner or marketplace and are governed by their terms and privacy policies, not these Terms. Oral Genome does not manufacture, sell or warrant partner products, and a link or recommendation is not a medical recommendation.

Promoting Oral Genome. Providers are welcome to share on their own websites and social media that they use Oral Genome tests, subject to any brand guidelines we provide. You may not post or share any patient’s Results or other information that could identify a patient, and you may not use Oral Genome’s name or logos in a way that suggests Oral Genome endorses your practice or makes claims about the Kits that Oral Genome has not approved. Oral Genome may comment on or engage with posts about Oral Genome on third-party platforms.

We’re always trying to improve our Products and Services, so they may change over time, including the markers measured, our algorithms and how Results are presented. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.

Products and any paid Services are offered at the prices on our pricing page or as otherwise presented to you at purchase. Oral Genome may limit or cancel quantities of Products purchased, and may refuse any order. Prices are quoted in U.S. dollars, are valid only in the United States, and may change. Applicable sales tax will be added to your order. Shipping, Kit replacements, returns and refunds are governed by the Terms of Sale, Amazon’s terms or the distributor’s terms, as applicable to your purchase channel (see “What about purchases and uses of Oral Genome’s Kits?” above). Any payment terms presented to you when you purchase Products are part of these Terms. Kits may be eligible for reimbursement under certain HSA/FSA plans, but we do not guarantee eligibility. Oral Genome does not accept insurance or submit claims to any insurer or health plan for Products or Services. Any reimbursement a Provider or patient seeks from an insurer, health plan or other third-party payor is solely between them and that payor, and Oral Genome does not guarantee coverage or reimbursement.

Billing. For purchases made directly through the Site, we use third-party services, currently Shopline, Biller Genie and Fortis, for checkout, billing and payment processing, as applicable, through a payment account linked to your account (your “Billing Account”) (each such service, a “Payment Processor”). Payments are subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Purchases made through Amazon are processed by Amazon and are governed by Amazon’s applicable terms and policies, not this Billing section. Oral Genome does not store your full payment card information. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, and you authorize us, through the Payment Processor, to charge your chosen payment method (your “Payment Method”). We may correct any errors that the Payment Processor makes even if it has already requested or received payment. If we do not receive payment from you, you agree to pay all amounts due on your Billing Account on demand. You must keep your Billing Account information current, complete and accurate.

Promotions and Discounts. We may offer discounts, promotional pricing or other offers, including for Providers, at conferences or events, or through distributors (each, a “Promotion”). Promotions are subject to any additional terms presented with the Promotion, are valid only for the period stated, may not be combined with other offers unless stated, have no cash value, and may be modified or withdrawn at any time.

You’re free to stop using the Services at any time and may delete your account through the App or by contacting us at support@oralgenome.com; please see our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services. Oral Genome is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Account termination may result in destruction of any Content and Results associated with your account, so please download any Results you wish to keep before you terminate your account. Provisions that, by their nature, should survive termination of these Terms will survive termination, including any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including the arbitration agreement.

If you are a Provider User, your rights and obligations relating to termination or suspension of your access to the Services are governed by your Provider Agreement, and to the extent of any conflict with this Section, the terms of your Provider Agreement will control.

You acknowledge and agree that the availability of the App depends on the third-party stores from which you download it, e.g., the Apple App Store or Google Play (each, an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading the App. You agree to comply with, and your license to use the App is conditioned on your compliance with, such App Store terms and conditions. To the extent such App Store terms are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms in these Terms apply. The App requires access to your device camera to capture test card images; you may manage camera and other permissions through your device settings, but some features will not work without them.

If you use our iOS App, the following additional terms apply: (a) both you and Oral Genome acknowledge that the Terms are between you and Oral Genome only, and not with Apple, Inc. (“Apple”), and that Apple is not responsible for the App or the Content; (b) the App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use (or, for Providers, use in your practice), subject to these Terms; (c) you will only use the App in connection with an Apple device that you own or control; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App; (f) Oral Genome, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and consumer protection or privacy claims; (g) in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, Oral Genome, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such claim; (h) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (i) you will comply with any applicable third-party terms of agreement when using the App; and (j) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Warranty Disclaimer. Oral Genome and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Oral Genome and all such parties together, the “Oral Genome Parties”) make no representations or warranties concerning the Services, Products or Results, including without limitation regarding the accuracy, completeness or reliability of any Results or Content, and the Oral Genome Parties will not be responsible or liable for any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. THE SERVICES, PRODUCTS, RESULTS AND CONTENT ARE PROVIDED BY ORAL GENOME (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS WILL BE ACCURATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ORAL GENOME PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR ANY DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON RESULTS, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO ORAL GENOME IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Oral Genome Parties harmless from and against all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services and any Products (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) if you are a Provider, your professional services and any reliance by you or your patients on Results. If there is such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations under these Terms, or your account, in any way (by operation of law or otherwise) without Oral Genome’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Oral Genome and limits the way you can seek relief from Oral Genome. Both you and Oral Genome acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Oral Genome’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right to enforce these Terms against you as third-party beneficiaries.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute within sixty (60) days after written notice of the dispute, it shall be finally settled by binding arbitration in San Diego County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract and consumer disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. Payment of all arbitration fees will be governed by the Rules and, for consumer claims, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. Oral Genome will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Oral Genome may assert claims, if they qualify, in small claims court in San Diego County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND ORAL GENOME WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Oral Genome are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than court rules and are subject to very limited review by a court. In any litigation between you and Oral Genome over whether to vacate or enforce an arbitration award, YOU AND ORAL GENOME WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Oral Genome is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 3088 Corte Trabuco, Carlsbad, California 92009, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Oral Genome to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Oral Genome agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Diego County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Oral Genome.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Oral Genome may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right under these Terms will not be deemed a waiver of any further rights. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. You and Oral Genome agree that these Terms (together with any Provider Agreement, for Providers) are the complete and exclusive statement of the mutual understanding between you and Oral Genome, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You acknowledge and agree that you are not an employee, agent, partner, or joint venture of Oral Genome, and you do not have any authority of any kind to bind Oral Genome in any respect. Except as expressly set forth in the sections above regarding the Apple App and the arbitration agreement, you and Oral Genome agree there are no third-party beneficiaries intended under these Terms.