The RPE65 Genetic Test Program Terms and Conditions
To be eligible to participate in the Program, you must (1) be a US resident at the time you are tested and receive your test results; (2) have a type of inherited retinal disease (IRD) that makes you eligible for the Program as determined by your healthcare professional; (3) have the approval of your healthcare professional to have the genetic test; and (4) authorize in writing that your healthcare professional and the genetic testing laboratory selected by Spark Therapeutics may test the genetic sample you provide and share your name, contact information and information regarding your condition, diagnoses, and results of your genetic testing (collectively, "Your Information") with Spark Therapeutics. If you are under the age of 18, you must have the approval of your legal guardian to participate in the Program.
The Program does not test for gene mutations other than RPE65, nor are the results of the testing performed in connection with the Program intended to be comprehensive. The results of the genetic test provided to your healthcare provider by the testing company may be: (1) positive (if the gene associated with the IRD has been identified by the test); (2) negative (if no genetic cause of the IRD has been identified by the test); or (3) inconclusive (if the test identified a genetic mutation, but it is unknown whether the identified mutation causes an IRD). You should consult with your own healthcare professionals about your diagnoses, genetic testing, and genetic testing results. Spark Therapeutics does not provide medical advice, and the results of the Program are not intended to be used by you for any diagnostic purpose or as a substitute for professional medical advice. Spark Therapeutics does not endorse, warranty, or guarantee the effectiveness of any specific course of action, resources, tests, physicians or other healthcare professionals, drugs, biologics, medical devices, products, procedures, opinions, or other information that may be offered to you or become available to you through the Program. Reliance on any information provided by Spark Therapeutics is solely at your own risk.
Through the Program, you may be offered an optional opportunity to discuss your genetic test results by telephone with a genetic counselor, in the case of certain types of results that may not be conclusive as to your RPE65 mutation. If you choose this option, any advice provided by the counselor is independent of Spark.
If you choose to participate in the Program, you will not be responsible for the costs of the genetic test itself or the genetic counseling described in the previous paragraph. Please be aware, however, that you will be responsible for any other costs that may be incurred as a result of participating in the Program, including but not limited to the costs of visits or consultations with your healthcare professional in connection with the genetic test or the testing results.
By participating in the Program, you understand and agree that you acquire no rights in any research or commercial products that may be developed by Spark Therapeutics and/or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from Your Information.
DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that your participation in the Program is at your sole risk, and the Program is provided on an “as is” and “as available” basis. Spark Therapeutics expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY. Spark Therapeutics does not control or endorse any actions resulting from your participation in the Program, and therefore, SPARK THERAPEUTICS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SPARK THERAPEUTICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE SERVICES.