Seqster PDM, Inc. Terms and Conditions
(Last Updated September 19, 2017)
Seqster PDM, Inc. (“Seqster”) has developed a platform to enable consumers to manage their
digital health records. These Terms and Conditions (the “Terms”) govern your use of our
website located at https://app.seqster.com and the software and services that we offer on
that website (collectively, the “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING
ANY SEQSTER SITE. These Terms constitute a legally binding agreement between you and Seqster
(each a “Party,” and collectively the “Parties”).
These Terms provide that all disputes between you and Seqster will be resolved by BINDING
ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights
under this contract, except for matters that may be taken to small claims court. Your rights
will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE
BROUGHT AS A CLASS ACTION. Please review Section 14 (“Disputes Resolution and Arbitration”)
for the details regarding your agreement to arbitrate any disputes with Seqster.
As used in these Terms, the words “you” and “your” refer to you, the user of Seqster’s website,
as the party agreeing to these Terms. The words “we,” “us,” “our” and any other variation
thereof refer to Seqster. Any reference to Seqster in this Agreement includes our directors,
officers, employees, contractors, owners, agents, licensors, or licensees. As used in these
Terms, the term “Website” includes the website at https://app.seqster.com, pages within this
website, any equivalent mirrors, replacements, substitutes or backup websites, and pages that
are associated with these websites. The use of the word “including” in these Terms to refer
to specific examples will be construed to mean “including, without limitation” or “including
but not limited to” and will not be construed to mean that the examples given are an exclusive
list of the topics covered.
ACCEPTANCE OF AGREEMENT. By accessing the Website or the Services, you agree to, and
are bound by, the terms and conditions of these Terms. If you do not agree to be bound
by these Terms, do not use the Website or the Services.
AMENDMENTS. Seqster may modify these Terms at any time by updating this posting. You
are bound by any such modification and should therefore visit this page periodically
to review these Terms. Your continued use of the Website after a modification signifies
your agreement to the modification. If you have any questions about these Terms, please
contact us at Email: email@example.com.
which is incorporated by reference into these Terms as if it were set forth herein in its entirety.
ELIGIBILITY. You may not use any of the Services and you may not accept this Agreement if
you are not legally authorized to accept and be bound by these Terms or are not at least
18 years of age and, in any event, of a legal age to form a binding contract with Seqster.
DESCRIPTION OF THE SERVICES. Seqster provides you with the ability to aggregate and combine
your electronic health records, fitness and genomic data. We provide you with the ability
to control, manage, and share your aggregated data on your terms through Seqster. We will
never sell your data without your consent
CREATING AN ACCOUNT. In order to access the Services, you must create an account (“Account”).
When you set up your Account, you will be required to create log-in credentials by providing
certain types of personal information including your name, a valid email address, a mailing
address, and a strong password (collectively, your “Registration Information”). You are
responsible for all activity that occurs in association with your Account. Seqster is not
liable for any loss or damages caused by your failure to maintain the confidentiality of
your Account credentials. We may verify your identity. You authorize us to make any
inquiries we consider necessary to validate your identity. These inquiries may include
asking you for further information, requiring you to provide your full address, your date
of birth, or requiring you to take steps to confirm ownership of your email address, or
verifying information you provide against third party databases or through other sources.
If you do not provide this information or Seqster cannot verify your identity, we can
refuse to allow you to use the Services.
ACCOUNT INFORMATION FROM THIRD PARTY SITES. You may direct Seqster to retrieve your
information maintained online by third-parties with which they have patient relationships,
maintain accounts or engage in healthcare transactions (“Account Information”). Seqster
does not review the Account Information for accuracy, legality or non-infringement.
Seqster is not responsible for the Account Information or products and services offered
by or on third-party sites.
Seqster cannot always foresee or anticipate technical or other difficulties that may
result in failure to obtain data or loss of data, personalization settings or other
service interruptions. Seqster cannot assume responsibility for the timeliness, accuracy,
deletion, non-delivery or failure to store any user data, communications or personalization
settings. For example, when displayed through the Services, Account Information is only
as fresh as the time shown, which reflects when the information is obtained from such sites.
Such information may be more up-to-date when obtained directly from the relevant sites.
You can refresh your Account Information through the Services, in the manner prescribed
in the associated instructions.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION. By creating an Account with Seqster,
you understand that we may send you communications regarding the Services and the Website,
including but not limited to: (a) notices about your use of the Services or the Website,
including any notices concerning violations of use and updates; and (b) promotional emails
with information on goods or services in which we think you may have interest. We give you
the opportunity to opt-out of receiving promotional electronic mail from us by following
the opt-out instructions provided in the message.
USE OF CONTENT ON THE SITE. The content contained on the Website and the Services, such
as text, graphics, images, audio, video and other material, as well as the domain names,
tagline, organization and user look-and-feel (collectively, the “Content”), is protected
by copyright, trademark and other such laws in the United States, and is owned or controlled
by Seqster or by third parties that have licensed their Content to Seqster. Unauthorized
use of the Content may violate copyright, trademark, and other laws. Where the Website or
Services are configured to enable the download of particular Content, you may download
one copy of such Content to a single computer for your personal, noncommercial home use
only, provided that (a) you retain all copyright and other proprietary notices contained
in the original Content, (b) you may not sell or modify the Content or reproduce, display,
publicly perform, distribute, or otherwise use the Content in any way for any public or
commercial purpose without the prior written permission of Seqster, and (c) you may not
use the Content in a manner that suggests an association with any of our products,
services or brands.
You may not, without the prior written permission of Seqster, “mirror” on any other server
any material contained on the Website or the Services. The use of the Content on any other
website or in a networked computer environment for any purpose is prohibited, without the
express written permission of Seqster. The trademarks, logos and service marks (the “Marks”)
displayed on the Website are owned by Seqster or third parties. You are prohibited from use
of those Marks without the express, written permission of Seqster or such third party.
If you would like information about obtaining Seqster’s permission to use the Content on
your website, e-mail us at firstname.lastname@example.org.
YOUR USE OF THE SERVICES. Your right to access and use the Website and Services is
personal to you and is not transferable by you to any other person or entity. You are
only entitled to access and use the Website and Services for lawful purposes. Accurate
records enable Seqster to provide the Services to you. You must provide true, accurate,
current and complete information about your accounts maintained at other websites, and
you may not misrepresent your Registration and Account Information. In order for the
Services to function effectively, you must also keep your Account Information up to date
and accurate. If you do not do this, the accuracy and effectiveness of the Services will
be affected. You represent that you are a legal owner of, and that you are authorized to
provide us with, all Registration and Account Information and other information necessary
to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of
several reasons, including, without limitation, the malfunction of equipment, periodic
updating, maintenance or repair of the Services or other actions that Seqster, in its
sole discretion, may elect to take. In no event will Seqster be liable to any party
for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services,
including any associated software or other materials supplied in connection with such
services, shall be for Seqster to use commercially reasonable efforts to effectuate
an adjustment or repair of the applicable service.
RIGHTS YOU GRANT US. By submitting information, data, passwords, usernames, PINs,
other log-in information, materials and other content to Seqster through the Services,
you are providing a limited license to that content to Seqster for the purpose of
providing the Services. Seqster may use and store the content in accordance with this
Seqster for use for this purpose, without any obligation by Seqster to pay any fees or
be subject to any restrictions or limitations. By using the Services, you expressly
authorize Seqster to access your Account Information maintained by identified third parties,
on your behalf as your agent, and you expressly authorize such third parties to disclose
your information to us. When you use the “Add Accounts” or "Connect" features of the
Services, you will be directly connected to the website for the third party you have
identified. Seqster will submit information including usernames and passwords that you
provide to log into the Site. You hereby authorize and permit Seqster to use and store
information submitted by you to accomplish the foregoing and to configure the Services
so that it is compatible with the third party sites for which you submit your information.
For purposes of this Agreement and solely to provide the Account Information to you as part
of the Services, you grant Seqster a limited power of attorney, and appoint Seqster as your
attorney-in-fact and agent, to access third party sites, retrieve and use your information
with the full power and authority to do and perform each action necessary to retrieve your
Account Information so that they can be managed by Seqster and available for you to review
whenever you are logged in to the Seqster app. YOU ACKNOWLEDGE AND AGREE THAT WHEN SEQSTER
IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SEQSTER IS ACTING AS
YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD
PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any
third parties accessible through the Services. Seqster is not responsible for errors or fees
or other Services-related issues, including those issues that may arise from inaccurate
ACCESS TO THE SERVICES. You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering
or extraction tools, program, algorithm or methodology to access, acquire, copy or
monitor the Services or any portion of the Services, without Seqster’s express
written consent, which may be withheld in Seqster’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search the services, other than the search
engines and search agents available through the Services and other than generally
available third-party web browsers (such as Microsoft Internet Explorer or Safari);
Post or transmit any file which contains viruses, worms, Trojan horses or any
other contaminating or destructive features, or that otherwise interfere with
the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the
software comprising or in any way making up a part of the Services; or
Attempt to gain an unauthorized access to any portion of the Services.
DISCLAIMER. THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND
ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES
(WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
SEQSTER, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS
(COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER SEQSTER OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT
ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY
WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SEQSTER OR
ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY
BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE
OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES
OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 13 AND 14 OF THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES
SHALL SEQSTER, ITS SUBSIDIARIES, PARTNERS, OR AFFILIATES, BE LIABLE TO YOU FOR:
(A) PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES, ARISING FROM OR RELATING TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE
(EVEN IF SEQSTER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR DOCUMENTATION, SERVICE
INTERRUPTIONS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR SEQSTER’S OR YOUR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE; OR (B) EXCEPT AS REQUIRED UNDER
APPLICABLE LAW, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES,
ARISING FROM OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE
OF THE WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM YOUR
FAILURE TO PROVIDE SEQSTER WITH ACCURATE INFORMATION OR A THIRD PARTY’S FAILURE TO
CORRECTLY VERIFY SUCH INFORMATION. You agree that if any lawsuit or court proceeding
is permitted under these Terms, the aggregate liability of Seqster and its affiliates
and suppliers to you for all claims arising out of or related to these Terms or your
use or inability to use the Website or the Services will at all times be limited to a
maximum of $500.00 (five hundred united states dollars). These limitations will apply
even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION. You agree to release, indemnify, and hold harmless Seqster and its
affiliates, and their respective officers, directors, employees and agents, from and
against any claims, liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or in any way related to:
(a) your access to, use of, or inability to use the Website or the Services;
(b) your breach or alleged breach of these Terms;
(c) your violation or alleged violation of any rights of a third party;
(d) your violation of any applicable laws or regulations; or
(e) any negligent acts, omissions, or willful misconduct by you.
Seqster reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and, in such case, you shall agree to
cooperate with Seqster’s defense of such claim. You agree not to settle any matter
without the prior written consent of Seqster. Seqster will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
NO MEDICAL ADVICE. SEQSTER DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH
THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO COVER
ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THE
CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT
OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE
PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG,
CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE
OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH
THE SITE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
TERM AND TERMINATION. These Terms will remain in full force and effect while you use
the Website or the Services. We may suspend or terminate your rights to use the Services
(including your Account) at any time, and from time-to-time, for any reason in our sole
discretion, including for any use of the Services in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access and use
the Services will terminate immediately. We will not have any liability whatsoever to you
for any termination of your rights to use the Services, including for termination of your
Account. You may cancel your Account at any time by contacting us at Email: email@example.com.
Even after your rights under these Terms are terminated, all provisions of these Terms which
by their nature should survive, will survive, including, without limitation, ownership
provisions, indemnification, warranty disclaimers, and limitations of liability.
DISPUTES RESOLUTION AND ARBITRATION. You agree that any dispute between you and Seqster
arising out of or relating to these Terms will be governed by the arbitration procedures
GOVERNING LAW. These Terms will be deemed entered into in California and will
be governed by and interpreted in accordance with the laws of the State of California,
excluding that body of law known as conflicts of law.
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. Please read this
Arbitration Agreement carefully. It is part of your contract with Seqster and
affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION
AND A CLASS ACTION WAIVER.
Generally. In the interest of resolving disputes between you and Seqster
in the most expedient and cost effective manner, you and Seqster agree that
every dispute arising in connection with these Terms will be resolved by
binding arbitration. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow
for more limited discovery than in court, and can be subject to very limited
review by courts. Arbitrators can award the same damages and relief that a
court can award. This agreement to arbitrate disputes includes all claims
arising out of or relating to any aspect of these Terms, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory,
and regardless of whether a claim arises during or after the termination of
these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU
AND SEQSTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE
IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 18.b.vi, nothing
Arbitrator. Any arbitration between you and Seqster will be settled under
the Federal Arbitration Act, and governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration Association (“AAA”),
as modified by these Terms, and will be administered by the AAA. The AAA Rules
and filing forms are available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by contacting Seqster.
Notice; Process. A party who intends to seek arbitration must first send a
written notice of the dispute to the other party by certified U.S. Mail or
by Federal Express (signature required) or, only if such other party has
not provided a current physical address, then by electronic mail (“Notice”).
Seqster's email address for notice is: firstname.lastname@example.org. The Notice must:
(a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought (“Demand”).
The parties will make good faith efforts to resolve the claim directly,
but if the parties do not reach an agreement to do so within 30 days after
the Notice is received, you or Seqster may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or
Seqster must not be disclosed to the arbitrator until after the arbitrator
makes a final decision and award, if any. If the dispute is finally resolved
through arbitration in your favor, Seqster will pay you the highest of the following:
(i) the amount awarded by the arbitrator, if any;
(ii) the last written settlement amount offered by Seqster in settlement of
the dispute prior to the arbitrator's award; or
Fees. If you commence arbitration in accordance with these Terms, Seqster
will reimburse you for your payment of the filing fee, unless your claim is
for more than $10,000, in which case the payment of any fees will be decided
by the AAA Rules. Any arbitration hearing will take place at a location to be
agreed upon in San Diego County, California, USA, but if the claim is for
$10,000 or less, you may choose whether the arbitration will be conducted:
(a) solely on the basis of documents submitted to the arbitrator;
(b) through a non-appearance based telephone hearing; or
(c) by an in-person hearing as established by the AAA Rules in the
county (or parish) of your billing address.
If the arbitrator finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),
then the payment of all fees will be governed by the AAA Rules. In that case,
you agree to reimburse Seqster for all monies previously disbursed by it that
are otherwise your obligation to pay under the AAA Rules. Regardless of the manner
in which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions
on which the decision and award, if any, are based. The arbitrator may make
rulings and resolve disputes as to the payment and reimbursement of fees or
expenses at any time during the proceeding and upon request from either party
made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND SEQSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Seqster agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
Modifications to this Arbitration Provision. If Seqster makes any future
change to this arbitration provision, other than a change to Seqster's
address for Notice, you may reject the change by sending us written notice
within 30 days of the change to Seqster's address for Notice, in which case
your account with Seqster will be immediately terminated and this arbitration
provision, as in effect immediately prior to the changes you rejected, will survive.
Confidentiality. All aspects of the arbitration proceeding, including,
but not limited to, the award of the arbitrator and compliance therewith,
shall be strictly confidential. You and Seqster agree to maintain confidentiality
unless otherwise required by law. This section shall not prevent a party
from submitting to a court of law any information necessary to enforce these
Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
Survival of Agreement. This arbitration agreement will survive the
termination of your relationship with Seqster.
Enforceability. If Section 18.b.vi is found to be unenforceable or if
the entirety of this Section 18.b is found to be unenforceable, then the
entirety of this Section 18.b will be null and void and, in that case, the
parties agree that the exclusive jurisdiction and venue described in Section
18.c will govern any action arising out of or related to these Terms.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is
found not to apply to you or your claim, you and Seqster agree that any judicial
proceeding (other than small claims actions) will be brought in the federal or
state courts in, or closest to, San Diego County, California. Both you and Seqster
consent to venue and personal jurisdiction there. You and Seqster both agree to
waive their right to a jury trial.
WAIVER. Seqster’s failure to enforce any right or provision of these Terms will
not be considered a waiver of such right or provision. The waiver by Seqster of
any such right or provision will be effective only if in writing and signed by a
duly authorized representative of Seqster. Except as expressly set forth in these
Terms, the exercise by either you or Seqster of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise.
ENTIRE AGREEMENT. These Terms constitute and contain the entire agreement
between you and Seqster with respect to the subject matter hereof and supersede
any prior or contemporaneous oral or written agreements. You and Seqster
acknowledge and agree that the other has not made any representations,
warranties or agreements of any kind, except as expressly set forth herein.
SURVIVAL. All provisions of these Terms that by their nature extend beyond
the expiration or termination of these Terms, and definitions herein as applicable
to interpretation of the foregoing shall survive the termination of these Terms.
SEVERABILITY. If any provision of these Terms (or any portion thereof) is
determined to be invalid or unenforceable, the remaining provisions of these
Terms shall not be affected thereby and shall be binding upon the Parties and
shall be enforceable, as though said invalid or unenforceable provision
(or portion thereof) were not contained in these Terms.
ASSIGNMENT. You may not assign or transfer these Terms or your rights under these
Terms, in whole or in part, by operation of law or otherwise, without Seqster’s
prior written consent. Seqster may assign these Terms at any time without notice
or consent. Subject to the foregoing, these Terms will bind and inure to the
benefit of you and Seqster, their successors and permitted assigns.
HEADINGS. The headings, captions, headers, footers and version numbers
contained in these Terms are intended for convenience or reference and shall
not affect the meaning or interpretation of these Terms.
QUESTIONS. If you have any questions, complaints or claims with respect to
the Website, please contact us. We will do our best to address your concerns.
If you feel that your concerns have been addressed incompletely, we invite
you to let us know for further investigation.