Terms & Conditions
Acorn Biolabs, Inc. (“Acorn”) will provide cell collection, cryopreservation and analysis services, including use of the Acorn websites, and other associated services (“Services”) to you, subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before accessing and using the Services.
Acorn may modify these Terms and Conditions at any time, and any changes will be posted on this webpage. Please check back from time to time to ensure you are aware of our current terms. These Terms and Conditions should be read together with our Privacy Policy, available at www.acorn.me/privacy-policy
Acceptance
These Terms and Conditions constitute a legally binding agreement between you and Acorn. By accessing and using the Services, you accept, without limitation or qualification, the Terms and Conditions, as they may be updated from time to time. If you do not agree to these Terms and Conditions, or any changes to the Terms and Conditions, you must not use or cease continuing to use the Services in accordance with the then-current Terms and Conditions. If you are dissatisfied with the Terms and Conditions, or any other terms, conditions, rules, policies, guidelines or practices applicable to the Services, your sole and exclusive remedy is to discontinue use of the Services. There are no refunds except in accordance with these Terms and Conditions. The Services are not intended for use by individuals under 18 years of age (except with the consent and supervision of a parent or legal guardian), and is not intended for users outside of Canada. By accessing and using the Services, you confirm that you are at least 18 years of age (or are acting as the parent or legal guardian of a minor), you are a resident of Canada, and that you are otherwise legally qualified to enter into and form contracts under applicable law.
The Terms and Conditions are effective on the earlier of the date (a) you accept these Terms, or (b) you first start using the Services. You acknowledge that the Acorn Privacy Policy located at www.acorn.me/privacy-policy, as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Policy.
No medical advice
Acorn does not provide medical advice or treatment. Our Services are for purposes of preservation of cells as well as for research, informational, and educational purposes. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider 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.
Acorn does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs or other health products, procedures, opinions, or other information that may be mentioned on our websites or in material that may be provided to you.
Reliance on any information provided by Acorn is solely at your own risk.
Cells and ownership rights
Your use of the Services may involve your sending hair follicles or other cell or tissue sample(s) (“Cells”) to Acorn for analysis, storage and cryopreservation.
Your Cells remains your property, subject to rights of Acorn set forth in these Terms and Conditions. By providing Cells to us, you certify that the Cells are your own or that you have legal authorization from the person to whom the Cells belong to provide them to Acorn.
You acknowledge that your Cells may be stored or processed outside of Canada, and would become subject to the laws of the jurisdiction where stores or processed.
For a summary of how Acorn collects, uses and discloses other information collected from you, including, personal information, please see the Acorn Privacy Policy at www.acorn.me/privacy-policy.
Your Cells, once submitted to us, are processed in an irreversible manner and cannot be returned to you in their original form. You will be required to pay a maintenance fee to Acorn for storage and cryopreservation of your Cells for your continued access to the Services. In the event that you do not pay the required fees when they come due, Acorn will attempt to contact you regarding outstanding fees. If required fees have not been paid within one year of Acorn attempting to contact you regarding outstanding fees, Acorn reserves the right to destroy your Cells and cease providing you with the Services, with no liability to you.
In the event that Acorn receives a communication directing us to destroy your Cells, the cells will not be immediately destroyed absent court order or direction from a government authority, and Acorn will require verification of the identity of the person making the request. Once your identity is verified and the directions to destroy your Cells is confirmed, Acorn may destroy the Cells at any time, in accordance with Acorn’s standard practices. Acorn will not be liable for the loss of your Cells resulting from a third party’s fraudulent claims to be you or to act on your authority.
Acorn may be required to transfer or destroy your Cells in accordance with an order issued by a Court or government authority, or due to the enactment of legislation that makes the provision of the Services non-compliant with law. Acorn will test any Cells you submit to ensure the Cells have been collected, stored, and shipped in compliance with Acorn’s instructions and standards, to ensure the Cells are viable and suitable for analysis and cryopreservation. Acorn reserves the right to decline to cryopreserve your Cells, and to decline to perform any analysis of your Cells, if the Cells do not meet Acorn’s standards, and any such Cells which do not meet Acorn’s standards will be destroyed. You will not receive any compensation in the event Acorn is required to destroy or transfer your Cells.
In the event that you wish to assign the rights and obligations under these Terms and Conditions (and rights in the ownership of the Cells) to a third party, such as a family member, the third party must agree to these Terms and Conditions. You understand that once you assign those rights and obligations under this, Acorn is no longer bound by these Terms and Condition as between you and Acorn. In the event of a dispute between you and any third party over ownership of the Cells, Acorn will continue to provide the Services, provided that all fees have been and continue to be made, until such time as Acorn is directed by a court or governmental authority to do otherwise.
Use of Cells and services
As noted above, the Services include Cell collection, cryopreservation and analysis services. You understand that information you may learn from Acorn is health or medical advice, and is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Services are intended for Cell preservation, research, informational, and educational purposes only.
You acknowledge that the Cells are being processed and stored for potential therapeutic use and understand that storage of Cells does not guarantee that they will be suitable for any medical treatments or that treatments will work. The storage of the Cells does not guarantee their suitability for any future use. You acknowledge that the Cells are not being stored for any specific medical use, and it may be that the Cells will never be subject to a medical use. Acorn may not be able to process the Cells or maintain a sufficient number of Cells to achieve any potential therapeutic use.
Only a doctor can determine when and if the Cells can or should be used for medical treatment, and whether the use of the Cells outweighs any potential medical risks.
For greater certainty, except as expressly stated in these Terms and Conditions, Acorn makes no representations or warranties related to your use or reliance on the Services, including in relation to the suitability of the Cells for any future use.
In the event that the Cells may be used for a medical use in the future, such use will be subject to all applicable laws at that time in the future. Acorn will only release the Cells to you or to your doctor/health care professionals in accordance with applicable laws and authorizations that may be necessary in the future. Release of the Cells may be prohibited by law due to contamination status, the presence of communicable disease or any other reason. Acorn shall not be liable for any such contamination or presence of communicable disease in the Cells.
You will be responsible for all shipment and handling expenses associated with the release and transfer of the Cells from Acorn to a third party, as applicable.
Reservation of Acorn's Rights
Acorn owns all legal and beneficial right, title, and interest in and to the Services and the performance of the Services, including any intellectual property rights which subsist in the Services and in products and materials that may be provided to you in the course of the provisions of the Services, whether those rights are subject to a registration or not, worldwide. Services may contain information which is proprietary and/or confidential to Acorn, and you shall not disclose any such information without Acorn’s prior written consent. Acorn, and any Acorn tradename, trademark (registered or unregistered), brand, logo, and other product or service names are trademarks of Acorn (“Acorn Marks”). Unless agreed otherwise in writing with Acorn, nothing in these Terms and Conditions shall give rise to any right for you to use the Acorn Marks, and you shall not display or use Acorn Marks in any manner.
Any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained in the Services shall not be removed, obscured, or altered by you.
For any software used in the Services which is not accompanied by a user license agreement, Acorn grants you a personal, revocable, royalty-free, non-transferable, and non-exclusive right and license to use the object code of such software on a single device. All content available through the Services is owned by Acorn and Acorn’s third-party providers. All content in the software is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all content and for your use of any content. These Terms and Conditions permit you to use the Services for your personal use only, and not for any commercial purpose other than as expressly set out in these Terms and Conditions.
For greater certainty, Acorn, in its sole discretion, may terminate or suspend your license to use the software used in the Services at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Acorn terminates or suspends your license to use the some or all of the software used in the Services, these Terms and Conditions will nevertheless continue to apply in respect of your use of the software used in the Services.
License to Use Your Submissions and Feedback
You grant to Acorn and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its Services any ideas, descriptions, suggestion, enhancement requests, recommendations, corrections or feedback in the form of message, text, images, graphics, photos, audio, video and any other content provided by you.
Acorn’s Use of Non-Identifiable Information
Any non-identifiable information gathered by us through your use of the Services may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, user experience within the Services. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
User Responsibilities
You agree not to access or use the Services in any manner that: (a) violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms; (b) in any manner violates any third party right or any agreement between you and a third party; (c) includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Acorn’s sole discretion; (d) involves, provides, or contributes any false, inaccurate, or misleading information; (e) impersonates or attempts to impersonate Acorn, our employee(s), another user, or any other person or entity; (f) transmits, or procures the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; (g) encourages any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability; (h) causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; (i) promotes any illegal activity, or advocate, promote, or assist any unlawful act; or (j) gives the impression that they originate from or are endorsed by Acorn or any other person or entity, if this is not the case; (k) interferes with or disrupt the integrity or performance of the Services; (l) attempts to gain unauthorized access to the Services or their related systems or networks; (m) accesses or uses any Acorn intellectual property except as permitted under these Terms and Conditions; (n) alters, modifies, reproduces, copies or makes derivative works from all or any part of the Services or its contents or any part, feature, function or user interface of any software component of the Services (include any copyright, trademark, or any other notices that are provided on or in connection with any content); (o) frames or mirrors any part of the Services or its contents, or otherwise incorporate any portion of the Services or its contents into any product or service; (p) accesses or uses the Services in order to build a competitive product or service or to benchmark with a non-Acorn product or service; (q) reverse engineers the Services, or any software used to provide them (to the extent such restriction is permitted by applicable laws); (r) accesses or uses any part of the Services or its contents that is (expressly or implicitly) not intended for use by you; (s) uses any non-Acorn automation code in relation to the Services (including any “bot” or “spider”); (t) collects or harvests any information from the Services in a bulk or systematic way; (u) probes, scans, or tests the vulnerability of the Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them; (v) collects, harvests, reverse look-ups, traces, or otherwise seeks to obtain any information on any other user of or visitor to the Services; or (w) takes any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to them.
Third Party Services and Content
The Services may allow you to access and use services provided by third parties (“Third Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. Acorn makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Acorn does not guarantee the continued availability of Third Party Services, and Acorn may disable a Third Party Service in Acorn’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Acorn expressly disclaims responsibility and liability for all Third Party Services, and you agree that Acorn shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
Links to Other Sites
The Services may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Acorn and are maintained by third parties over which Acorn exercises no control. Accordingly, Acorn expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Modifications to Services
Acorn may, at any time and from time to time, modify or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice to you. Acorn furthermore reserves the right to take any action related to the Services that is required to comply with applicable law. You acknowledge and agree that modifications may result in a delay in your access and use of the Services, and that Acorn will not be liable to you or to any other party for any modification or discontinuation of the Services.
Acorn may offer additional types of analysis or reporting which may be applied to your Cells or Personal Information in the future. Your initial access to and use of the Services does not entitle you to any additional types of analysis or reporting without additional fees.
Modifications to these Terms and Conditions
The “last updated” legend above indicates when these Terms and Conditions were last amended. Acorn may unilaterally amend all or any part of these Terms and Conditions at any time by updating these Terms and Conditions on the Acorn website. Acorn will provide you with notice of the proposed amendments by posting an amended version of these Terms and Conditions with a new version date. Acorn will include a link to the previous version of the Terms and Conditions beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms and Conditions will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Services within the 30-day notice period. If you continue to access or use the Services after the 30-day period, you thereby agree to the amended Terms and Conditions. You agree to review these Terms and Conditions regularly to determine your rights and responsibilities.
Disclaimer and Limitation of Liability
The Services do not replace and are not intended to replace an physician’s expert judgment in making treatment of diagnosis decisions, nor does it replace any medical, legal, or other professional advice. You must consult with a health care professional, independent of Acorn, prior to making any decisions or undertaking (or not undertaking) any actions related to any health care problem or issue. You should never disregard or delay seeking medical advice due to information obtained through the Services. Please follow up with a qualified health care professional to discuss any health concerns.
Acorn has no responsibility or liability for the deletion of or failure to store any Cells or Personal Information, or for the loss of Cells or Personal Information due to malfunction or destruction of data servers, physical infrastructure, laboratory equipment, or other catastrophic events.
EXCEPT AS EXPRESSLY STATED HEREIN, ACORN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUCCESS THE COLLECTION, TESTING, PROCESSING, CRYOPRESERVATION, OR STORAGE PROCESS OF CELLS OR THE SERVICES IN GENERAL. THE SERVICES ITSELF AND ANY INFORMATION AND MATERIALS PROVIDED BY ACORN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACORN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ACORN MAKES NO REPRESENTATION OR WARRANTY OR ANY OTHER TERM THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE SERVICES WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SERVICES, OR THAT THE CONTENTS OF THE SERVICES, WILL BE FREE OF MALICIOUS CODE. EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, ACORN IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES. ACORN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM
NOTWITHSTANDING ANYTHING TO THE CONTRARY SUGGESTED OR CONTAINED HEREIN, ACORN (INCLUDING ITS AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL LOSS OR DAMAGE OR ANY LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), BUSINESS, REVENUE, DATA, OPPORTUNITY, OR ANTICIPATED SAVINGS OR DAMAGE TO REPUTATION OR GOODWILL OR WASTED EXPENDITURE OF EITHER YOU OR ANY THIRD PARTY, INCLUDING ANY SUCH LOSS, DAMAGE OR WASTE WHICH ARISES FROM OR AS A RESULT OF ANY CLAIM, LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY OR OTHER DUTY), MISREPRESENTATION, REPRESENTATION, RESTITUTION, DELAY, FAILURE TO PERFORM OR OTHERWISE HOWSOEVER ARISING IN RELATION TO THE SERVICES AND/OR PURSUANT TO THESE TERMS AND CONDITIONS. THE FOREGOING LIMITATION APPLIES EVEN IF THE LOSS, COST, DAMAGE OR WASTE WAS FORESEEABLE OR IN THE CONTEMPLATION OF YOU OR ACORN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SUGGESTED OR CONTAINED HEREIN (BUT WITHOUT PREJUDICE TO THE PRECEDING PARAGRAPH) AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF ACORN TO YOU FOR ANY CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY OR OTHER DUTY), MISREPRESENTATION, REPRESENTATION, RESTITUTION, DELAY, FAILURE TO PERFORM, CLAIMS UNDER THE THESE TERMS AND CONDITIONS OR OTHERWISE HOWSOEVER ARISING IN RELATION TO THE SERVICES SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO ACORN IN THE CALENDAR YEAR IMMEDIATELY PRECEDING SUCH CLAIM FOR THE APPLICABLE SERVICE.
Indemnity
You will indemnify and hold Acorn (and Acorn’s directors, officers, employees, partners, suppliers and agents) harmless from all claims, damages, losses, liabilities, costs and expenses (including legal fees and expenses) (collectively, “Losses”) arising from your use of the Services, or your breach of any of these Terms and Conditions, and from all Losses resulting from any content within the Services that is untrue, inaccurate or incomplete.
Some Disclaimers, Exclusions or Limitations May Not Apply
In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Injunction
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable harm to Acorn, such harm would not be quantifiable in monetary damages, and Acorn would not have an adequate remedy at law. You agree that Acorn shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Acorn post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Acorn to enforce any provision of these Terms and Conditions.
Class Action Waiver
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Services, or (b) these Terms and Conditions, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Acorn will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Termination
These Terms and Conditions will apply immediately upon your accessing or using the Services, and will continue to apply, as amended from time to time, until terminated either by you or by Acorn.
You may terminate your use of the Services, and consequently these Terms and Conditions, by notifying Acorn at any time in writing, which will entail closing any user account or other designated account for all of the Services you may currently be using, or may have used previously. Your notice should be sent to Acorn using the contact information provided below in these Terms and Conditions. Acorn may at any time and at its sole discretion terminate your access to and use of the Services (or any part thereof) if: (i) you have breached any provision of these Terms and Conditions, or have acted in a manner that reasonably demonstrates you do not intend to, or are unable to comply with any provision of these Terms and Conditions; (ii) Acorn is required to do so by law or court order; (iii) Acorn is transitioning to no longer providing the Services (or any part thereof) as a whole or to customers in your jurisdiction; or (iv) Acorn determines in its sole discretion that provision of Services to you is no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your access to or use of the Services may be referred to appropriate law enforcement authorities. Acorn shall not be liable to you or any third party for any termination of your access to and use of the Services.
Unless you otherwise request, upon termination either by you or by Acorn, Acorn shall be under no obligation to destroy and/or dispose of any of your Cells which may be preserved or stored, or to destroy and/or delete your Personal Information. If you request that your Cells and/or Personal Information be destroyed upon termination of Services, Acorn shall send confirmation of such destruction in writing once complete. In any event, Anonymized Information will not be subject to destruction or deletion.
Governing Law and Jurisdiction
These Terms and Conditions, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Services, or (b) these Terms and Conditions, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Acorn each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that Acorn shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions, and (b) you agree that Acorn shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
Export Controls
These Terms and Conditions are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of the Services, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export the Services, or any information about any of them without the prior written consent of Acorn and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Miscellaneous
The Terms and Conditions may be amended from time to time, constitute the entire agreement between you and Acorn governing your use of the Services, superseding any prior agreements between you and Acorn on this subject.
The failure of Acorn to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provisions of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and Acorn agree that the court should give effect the intentions of the parties as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. If any portion of these Terms and Conditions is found to be unenforceable, the remaining sections of these Terms and Conditions will remain in full force and effect.
Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Except as otherwise expressly set out in these Terms and Conditions, you may not assign or delegate any rights or obligations under these Terms and Conditions. Any purported assignment and/or delegation shall be deemed ineffective. Acorn may freely assign or delegate any right or obligation under these Terms and Conditions, fully or partially, without notice. Upon notice to you, Acorn may substitute any third party that assumes Acorn’s rights and obligations under these Terms and Conditions.
Notices to you may be made via email or regular mail, using contact information that you provide as part of your access to and use of the Services. Acorn may also provide notices of changes to these Terms and Conditions by displaying notices or links to notices on or through the Services, or by posting notices on the Acorn website.
Official notices relating to these Terms and Conditions sent to Acorn must be delivered by email or regular mail to:
Acorn Biolabs Inc.
585 University Avenue
Suite B-PMB120
Toronto, ON, Canada
M5G 2N2
Email: support@acorn.me
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