'Taco Eggplant Peach' and 'EZ Home Health Test' are divisions of AURA Genetics of Ohio LLC 

1.                  Scope of These Terms and Conditions

These Terms and Conditions are applicable to your access to and use TacoEggplantPeach.com, EZHomeHealthTest.com and all other websites and online applications operated by Aura Genetics of Ohio, LLC ("Aura," “we,” “our,” “us”) that link to or incorporate these Terms and Conditions (the “Site”). Please read these Terms and Conditions carefully because your access to and use of the Site and the information, materials, products, tools, and services available through the Site are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Site linked to your name and/or contact information (“Account”).

By accessing or using the Site, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Site.   We may provide you with additional terms and conditions relating to the specific offerings on the Site, which will supplement the generally applicable terms of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and any offering-specific terms and conditions, the offering-specific terms and conditions shall govern with respect to your access to and use of that offering.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES THROUGH A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS. 

2.                  Notice of Privacy Practices

Our Notice of Privacy Practices found on the Site describes how we collect information about you through the Site and how we use, disclose, and protect that information.

3.                  Disclaimer of Content

The Site provide general information about Aura and our services.  If you are a Site visitor, you should not use information found on the Site to replace a relationship with your physician or other health care professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified health care provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL HEALTH CARE PROFESSIONAL OR DIAL 9-1-1.  THE SITE AND OUR SERVICES ARE ONLY FOR SPECIFIC, NON-EMERGENCY HEALTH CONCERNS.  Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Site.

The information and services on the Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Accessing or using the Site does not create a doctor-patient relationship with Aura. Aura does not provide any medical services, including via the Site.  You acknowledge and agree that we have not represented that content provided through the Site has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine. 

If I receive a non-negative or positive test result, I understand that it is my responsibility to contact my physician or other licensed health care professional immediately for treatment and/or for retesting.  A single laboratory test or group of tests cannot guarantee good health.  False positive and false negative test results are possible.  I understand that test results can sometimes be inaccurate through no fault of Aura.

While Aura attempts to keep all the information on the Site up-to-date, the Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Aura makes no warranties or representations as to the accuracy of the content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Site. You assume the entire risk of loss in using the Site and materials contained in the Site.

Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.

4.                  Copyright, Trademarks and other Intellectual Property

Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. All materials on the Site may be accessed, downloaded, or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these Terms and Conditions. No other use of these materials may be made without express written permission of the operators of Aura. Any unauthorized use of the words or images on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Site is owned by Aura.  None of the names, trademarks, service marks and logos of Aura appearing on the Site may be used in any advertising or publicity, or otherwise to indicate Aura’s sponsorship of or affiliation with any product or service, without express written permission of the operators of Aura. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of the owners and operators of Aura or the third party owner of the trademark, if any. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

5.                  Right to Change Terms and Conditions

Aura may, at any time and from time to time, in its sole discretion, change these Terms and Conditions, in whole or in part. You agree to review these Terms and Conditions periodically. Any changes to these Terms and Conditions will be effective immediately upon the posting of the modified Terms and Conditions to the Site. If you possess an Account, we may also provide notice of the changes to you when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Terms and Conditions either (i) by continuing to use or access the Site after modified Terms and Conditions are posted to the Site, or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) calendar days after the changes are posted as described above.

6.                  Your Provision of Contact and Account Information to Us

When you provide information about yourself to us, including when you create an Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Site or any portion thereof.

7.                  Communications from Aura

When you create an Account, or otherwise use the Services (including but not limited to Site), you may have the option to provide your contact information. By providing your contact information, you agree to receive recurring informational and/or marketing communications from Aura via email, phone call, and/or text message, including autodialed and prerecorded calls and messages.  You agree that any notices, agreements, disclosures or other communications that Aura sends to you electronically will satisfy any legal communication requirements, including but not limited to, that such communications be in writing.  You acknowledge and agree that you will not hold Aura liable for any loss, injury or claims of any kind resulting from your failure to read these communications or for your failure to follow up with your physician or other health care professional after receiving Services.

If you have any questions about receiving communications from us, please contact us using the information in the “Contact Information” section below. To unsubscribe from marketing emails, click the “Unsubscribe” link at the bottom of the email you received from us. To unsubscribe from calls, follow the instructions provided in the phone message.

Even if you unsubscribe from marketing communications, if any, we may still send communications related to laboratory testing services such as appointment confirmations and reminders, test results and invoice notifications or other similar information. At the same time, Aura retains the right to block or otherwise prevent delivery of any communication to or from Aura, patients, or to prevent a breach of these Terms.

8.                  Third Party-Owned Content and Links to Third Party Owned-WebSite or Online Applications

The Site may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites and online applications. We provide such third party-owned content and links as a courtesy to our users. We have no control over any third party-owned website or online applications or third-party owned content referenced on, linked to from, accessed by, or available on the Site and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third party-owned website or online applications (or the availability of such website or online applications) or third-party owned content. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE SITE, OR ANY OTHER WEBSITE OR ONLINE APPLICATION) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN SUCH third-party owned content OR ON ANY THIRD PARTY-OWNED website or online application LINKED TO FROM THE SITE.

9.                  Links to the Site

You should not link to the Site, nor use Aura’s name, trademark, logos, or otherwise refer to Aura in any public communications without first obtaining Aura’s advance written consent. Requests to link to the Site or use Aura’s name should be directed to our Customer Service department.

10.              Information, News, and Press Releases

The Site may contain information about Aura, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

11.              Registration and Passwords

The Site may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Site through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.

12.              Operation of the Site

We reserve the right to do any of the following, at any time, at our sole discretion, for any reason and with or without notice: (i) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, including but not limited to for your violation of these Terms and Conditions; (ii) modify or change the Site, or any portion of the Site; and (iii) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

13.              Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND AURA TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND AURA CAN SEEK RELIEF FROM EACH OTHER.

a.                   Arbitration Agreement. You and Aura mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules except as modified below or otherwise agreed to. As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between us, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Aura related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Aura agree that you are each giving up, to the fullest extent of the law, any right to have disputes resolved in court before a judge or jury.

b.                  Class Action Waiver. You and Aura also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass, or representative proceeding. Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding, except as stated below Nothing in these terms should be read to allow class arbitration.  Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.

c.                   Arbitration Procedures. Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts. In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing.  Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this Agreement.  You and Aura also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your billing address. Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding. Each party retains the right to elect before or within thirty (30) days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such court’s jurisdiction.

d.                  Pre-Arbitration Notice and Good Faith Negotiations. Both you and Aura agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally. The notice must be specific and individual to you and include: (i) your name, street address, telephone number, and the email address you use or used for the Site; (ii) a brief description of the dispute; (iii) the amount of money (if any) at issue; and (iv) the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or an Aura employee, depending on which party is providing notice. Notice sent by you to Aura will be sent to the following email and street addresses: Aura Genetics of Ohio, LLC., 801 Kentwood Drive, Youngstown, Ohio 44512, Attention:  Chief Executive Office.  Notice sent by Aura to you will be sent to the email and street addresses that you provided to Aura. This notice is a requirement and condition precedent to initiating any arbitration proceedings.

i.                    If you and Aura cannot agree how to resolve the dispute within forty-five (45) days after the notice is received by the other party, then either you or Aura may, as appropriate and in accordance with this Dispute Resolution section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.  Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 45-day period.

ii.                  Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision (paragraph D) is an issue for a court to resolve, not the arbitrator.

e.                   Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees.

f.                    Federal Arbitration Act. These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms of use.

14.              Disclaimer of Warranty; Limitation of Liability

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, AURA AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF AURA, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL AURA, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR DIRECT DAMAGES EXCEEDING THE TOTAL FEES PAID BY YOU TO AURA IN THE TWELVE MONTHS PRIOR TO YOUR CLAIM OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR LOST PROFITS OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

15.              Indemnification

You agree to indemnify, defend, and hold harmless Aura and its suppliers, and their respective affiliates, subsidiaries, employees, officers, directors, agents, contractors, servants, insurers, and representatives from any liability, loss, claim, suit, damage, judgment and expense (including reasonable attorneys´ fees and expenses) that arises out of or is related to any User-Provided Content you submit, post, transmit, or make available through the Site, your violation of these Terms and Conditions, your misuse of the Site, or your violation of any third-party rights.

16.              Severability

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect, except as expressly state in this Agreement. Provisions of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision (or part of any provision) of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

17.              No Waiver

No waiver by Aura of any provision set out in these Terms and Conditions shall be deemed a further or continuing waiver of such provision, and any failure by Aura to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

18.              Applicable Law

The Site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Ohio, without regard to any principles of conflicts of law, will apply to this Agreement and all matters relating to your access to or use of the Site.

Aura makes no representation that material on the Site is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Site from other locations do so by their own initiative and are responsible for compliance with local laws.

The information available on this website is subject to U.S. export control laws. The Site may not be accessed from Cuba, the Crimea region, Iran, North Korea, Syria, or from any other destination embargoed by the United States.

19.              Termination

These Terms and Conditions are effective unless and until modified as noted above, or terminated, at any time, by Aura.

20.              Contact Information

Aura Genetics of Ohio, LLC

801 Kentwood Drive

Youngstown, Ohio 44512

While we make every effort to respond to all correspondence promptly, we cannot guarantee a response to every electronic communication.

These Terms and Conditions were last updated on August 13, 2024.