Please read the disclaimer as it constitutes a legal agreement between SpermGenderCheck and you. We also encourage you to review our Privacy Statement for additional information. Of course, if you do not agree with our terms or any other policies, do not use our Services. 

The discloser applies to you if you live in the United States or access our Services in the United States. 

Any sample you provide to SpermGenderCheck is either your own or the sample of a person for whom you are a legally authorized representative.  

You will not use our services for any investigative forensic uses.

Once you obtain your SpermGenderCheck results, the knowledge is irrevocable. 

The laboratory may not be able to process your sample if it does not meet our standards for accuracy.

You should not change your health behaviors solely on the basis of sperm gender information received from SpermGenderCheck.

SpermGenderCheck Services are not intended to diagnose any condition or disease and we

do not provide medical advice. 

You expressly acknowledge and agree that your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. 

SpermGenderCheck expressly disclaims all warranties of any kind, whether express or implied. 

SpermGenderCheck makes no warranty that the services will meet your requirements or that the services will be uninterrupted, timely, unfailingly secure, or error-free and the results that may be obtained from the use of the services will be accurate or reliable.

SpermGenderCheck makes no warranty that the quality of the services obtained by you through the services will meet your expectations and any errors in the software will be corrected. 

Within the limits allowed by applicable laws, you expressly acknowledge and agree that SpermGenderCheck shall not be liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to the damages for loss of profits, goodwill, use, data or other intangible losses.

By accessing SpermGenderCheck Services, you agree to, acknowledge, and represent that:

• You give permission to SpermGenderCheck, its contractors, successors and assignees to analyze your submitted sample(s) and you specifically request SpermGenderCheck to disclose the results to you and to others you authorize.
• Your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any information derived from your sample remains your information, subject to rights we retain as set forth in these Terms.

As a condition of your use of the services, you warrant to SpermGenderCheck that you will not use the services for any purpose that is unlawful.

• You may not use the services in any manner that could damage, disable, overburden, or impair the services or interfere with any other party’s use and enjoyment of the services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the services.

You agree that SpermGenderCheck may, in its sole discretion and without prior notice, terminate your access to the services. 

• You also agree that any violation by you of these terms, including incorporated policies, such as the user conduct guidelines, will constitute an unlawful and unfair business practice, and will cause irreparable harm to SpermGenderCheck, for which monetary damages would be inadequate, and you consent to SpermGenderCheck obtaining any injunctive or equitable relief that SpermGenderCheck deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SpermGenderCheck may have at law or in equity.

SpermGenderCheck reserves the right to preserve or disclose any information that SpermGenderCheck deems necessary to comply with any applicable law, regulation, or valid legal process.

If SpermGenderCheck does take any legal action against you as a result of your violation of the disclaimer, SpermGenderCheck will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SpermGenderCheck. You agree that SpermGenderCheck will not be liable to you or to any third party for termination of your access to the services as a result of any violation or suspected violation of these Terms.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that providing your sample is not subject to any export ban or restriction in the country in which you reside; that your sample and data may be transferred and/or processed outside the country in which you reside, and that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.

Dispute Resolution 

Initial Dispute Resolution: We are available by email at info@SpermGenderCheck.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Any breach or dispute of the terms of this Agreement shall be submitted to final and binding arbitration in Chicago, Illinois, in accordance with the rules of the Commercial Arbitration Section of the American Arbitration Association, utilizing one arbitrator and not more than a five-day hearing.  Judgment upon any award made in such arbitration may be entered in any court of competent jurisdiction.

• 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 services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws, rules or provisions.

Assignment 

You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, SpermGenderCheck for any third party that assumes our rights and obligations under this agreement.

Notice

Notices to you may be made via either email or regular mail. SpermGenderCheck may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices must be sent to us at:

ATTN: Legal Department
info@spermgendercheck.com
or
SpermGenderCheck
P.O. Box 11174
Chicago, IL 60611

Additionally, SpermGenderCheck accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.