healthlytix

Collection Kit Terms of Service.

Welcome and thank you for your interest in Multimodal Imaging Services Corporation dba HealthLytix (“HealthLytix,” “we,” or “us”). HealthLytix offers personal genomic testing and analysis of your biological sample (a “Test” or the “Tests”), including the clinical assessment of your risk for certain hereditary conditions, and access to and use of the HealthLytix website. HealthLytix requires physician authorization for each Test.

Our Services are based on the current state of genetic research and technology in use at the time of purchase or use. As research progresses and scientific knowledge and technology evolve, we will continue to research and innovate in order to provide the best information to our users. The form and nature of the Services which HealthLytix provides may change from time to time without prior notice to you. HealthLytix is not obligated to notify you if there is a new understanding of genetic research that might result in a change to the interpretation of your results. You acknowledge that HealthLytix may offer different or additional technologies, features, or interpretations in the future. Your initial purchase of the Services does not entitle you to any different or additional technologies, features, or interpretation without a fee; you will have to pay additional fees in order to have your sample collected, processed, and/or interpreted using any future or additional technologies or features. HealthLytix shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Your acceptance and use of the HealthLytix sample collection kit (“Test Kit”), purchase of a Test Kit, consultation with a physician regarding use and/or results of the Test Kit, use of any other services or customer support provided by or on behalf of HealthLytix, acceptance or viewing of the Polygenic Hazard Score or Integrative Risk Reports (“Results”) (collectively, the “Service(s)”), as well as the use of the HealthLytix website (“Site”), are governed by the following terms and conditions (“Terms of Service”). Depending on the Service(s) you have selected, additional terms and conditions may apply. We will only perform a clinical Test if it has been ordered by your authorized healthcare provider, and we receive a properly completed order form and biological sample meeting HealthLytix acceptance criteria.

You understand that information you learn from HealthLytix 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 will seek the advice of your physician or other healthcare provider if you have questions or concerns arising from your test results.

You give permission for HealthLytix’s contracted lab to perform testing on the DNA extracted from your biological sample, and you specifically request HealthLytix to disclose the results of the analyses performed on your sample to your physician and others that you specifically authorize.

You agree to take responsibility for all possible consequences resulting from your sharing your test results with others.

You understand that your Personal Information will be stored in HealthLytix’s databases and will be secured and processed in accordance with the HealthLytix’s Privacy Policy (“Privacy Policy”). You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any of these representations, HealthLytix has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof), and you will defend and indemnify HealthLytix against any liability, costs, or damages arising out of the breach of the representation.

Your use of any HealthLytix Test is subject to your agreement to HealthLytix’s Privacy Policy. You can acknowledge and agree to the Privacy Policy by (1) clicking to accept or agree to the Privacy Policy, where this option is made available to you by HealthLytix; or by (2) actually using the Services. We may revise and update the TOS from time to time at our sole discretion. When changes are made, we will make a new copy of the TOS available on the Site. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. The date the TOS was last revised is identified at the bottom of the page. Your continued use of the Services following the posting of revised TOS means that you accept and agree to the changes. Please check this page from time to time so that you are aware of any changes, as they are binding on you.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE HEALTHLYTIX SITE AND SERVICE(S) OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.

1.    Eligibility.

You must be at least eighteen (18) years of age to submit a sample and use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) if you provide a biological sample, you are at least eighteen (18) years of age; (ii) your use of the Service, and if you are a healthcare provider, your creation of an account, is in compliance with any and all applicable laws and regulations; and (iii) you have reviewed and agree to the Privacy Policy, these Terms of Service, and any other applicable Service Terms.

2.    Ordering the Test; Medical Advice.

HealthLytix’s clinical Tests can only be ordered by an authorized healthcare provider. Talk to your physician so that you can make an informed decision about whether our Services are right for you.

You understand and agree that the Test is an informational test and not a diagnostic test, and that Results are intended solely for use by a healthcare provider. You should not make medical decisions, change your health behaviors, or make changes to medications or dosages without consulting a healthcare provider. HealthLytix does not provide medical services, diagnosis, treatment, or medical advice. Nothing contained in the Results or made available through the Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between HealthLytix and you. The information provided by the Test or through the Site or Service is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management. If you have concerns or questions about what you learn from the HealthLytix Test, you should contact your physician or other healthcare provider. You should always seek the advice of your physician or other healthcare provider with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

3.    Healthcare Providers Acting on Behalf of Their Patients.

If you are a healthcare provider obtaining a patient sample or submitting an order for your patient, you represent and warrant that: (i) you are authorized in your jurisdiction to order the Test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Test(s) and Service; (iii) you have obtained consent from your patient to share patient health information with HealthLytix, as required under the Health Insurance Portability and Accountability Act of 1996, as amended, and any other applicable data privacy requirements; and (iv) you will notify HealthLytix of any changes in patient information.

4.    Accounts and Activation.

If you are an individual providing a biological sample, your doctor will activate your Test Kit to associate your sample with their organization’s account. If you are a healthcare provider ordering a clinical Test or obtaining a patient sample and providing it to HealthLytix’s contracted lab on your patient's behalf, you must create an account if you haven’t done so previously. During the account creation process, you may be required to provide us with some information about your organization, such as mailing address, phone number, and account admin name. When adding a new patient to your account, you may be required to provide us with some information about the individual for whom the Test is intended to be used, such as full name and date of birth. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. We will never request your password in a phone call, email, or chat. However, when you contact our customer support, we may ask you to confirm certain personally identifiable information, or PII (as that term is defined in Section 6 below), to verify your identity and help keep your account information secure. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages) until that communication reaches our information systems. You agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us at support@healthlytix.com

At any time, you may request that we deactivate your account by contacting HealthLytix at support@healthlytix.com. It may take us up to thirty (30) days from the date that we begin processing your request to deactivate your account. If you choose to deactivate your account, you will be unsubscribed from all marketing emails, and HealthLytix will not provide you with any of the Services going forward (including, without limitation, any Results that have not yet been reported, or any updates or changes to Results). Although HealthLytix can remove your information from its active databases, some or all of your information from deactivated accounts will remain in HealthLytix’s inactive database for compliance with legal, regulatory, and other requirements. Please also note that information that has already been de-identified, anonymized, aggregated, published, and/or shared with third parties as set forth in the Privacy Policy prior to an account deactivation request may not be retrievable or traced back for destruction, deletion, or amendment. 

HealthLytix reserves the right, in its sole discretion, to terminate your account at any time, and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you. If HealthLytix discovers that you are using the Services for unauthorized purposes, or that you have provided false information related to a Test, for example, by misrepresenting information you share with it or providing another person’s sample and not correctly identifying the source of the sample, HealthLytix may immediately terminate your account. Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.

5.    Additional Service Terms.

Your use of the Services may be subject to additional terms, policies, rules, or guidelines applicable to a particular Service. When you use such Service(s), you agree to be subject to such terms, policies, rules, and guidelines applicable to that Service (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such Service Terms shall control.

6.    Information About Yourself.

If you are a healthcare provider, when you create a HealthLytix account, we request certain personally identifiable information about you, which may include, but is not limited to, your name, physical address, telephone number. If you are an individual receiving a Test Kit and submitting a biological sample, we request certain personally identifiable information about you, which may include, but is not limited to, your full name, date of birth, and sex (collectively, "PII"). Whether you’re a healthcare provider or a patient, your PII will be used, handled, and stored by HealthLytix and its third-party vendors as set forth in the Privacy Policy. While you are not required to provide your PII, certain PII is necessary for HealthLytix to provide the requested Services and failure to provide such information will make it impossible for you to use the Service. By activating your account and submitting your PII as a healthcare provider, or having your doctor submit your PII on your behalf to associate your kit with their account, you are agreeing that we may store and maintain it in connection with the Service. HealthLytix also uses third-party vendors to facilitate the requested Service. The storage and use of PII is necessary for HealthLytix to carry out our operations in providing the Services you’ve requested. HealthLytix will retain your PII for as long as is necessary to carry out the function for which the information is being used and to comply with applicable laws and regulations. By taking a Test, you specifically agree to allow your PII to be securely communicated to your ordering provider in connection with our Service. If you want to review or amend information HealthLytix holds about you, you may contact HealthLytix at support@healthlytix.com. Please note that any changes you make will be reflected in active user databases within a reasonable period of time. 

To receive the Services, you must provide a saliva sample in accordance with HealthLytix’s collection procedures. Your sample will be transferred to HealthLytix’s contracted laboratory, Diagnomics, in California, USA, for processing. DNA will be extracted from the submitted sample and genotyped at particular sites in your genome. Genotype data includes genotypes at sites relevant to the ordered Test, as well as at other sites throughout your genome. All genotype data may be used for regulatory compliance, and de-identified for internal quality control, validation studies, and internal research and development purposes. Analysis and reporting on genotyped sites beyond those relevant to the ordered Test will not occur unless you consent to future products or services. Only high-quality variant calls within the reportable range of an ordered Test will be considered part of the designated record set. Data that has not been analyzed and reported on will not be returned.

7.    United States Data Privacy Regulations; International Clients.

The Services are hosted and performed in the United States (“US”) and are subject to applicable US laws, rules, and regulations. You understand and agree that the Services and the Site may not be accessible or appropriate for use outside of the US. If you choose to use the Services and/or Site from regions outside of the US, then you do so at your own initiative, and by your use of the Services and/or Site you acknowledge and agree that: (a) you are transferring your personal information outside of those regions to the US for genetic analysis, storage, and processing as required for HealthLytix and its contractors to perform the Services; (b) the laws and regulations of the US shall govern your use of the Services and provision of your information (including, without limitation, the Health Insurance Portability and Accountability Act of 1996, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, each as amended), which may differ from those of your country of residence; (c) to the extent any local laws apply to your use, you will be responsible for compliance with such laws; and (d) access to the Services may not be legal by certain persons or in certain countries. HealthLytix may refuse to provide the Services on any of the foregoing bases. HealthLytix shall collect, process, use, store, transfer, and disclose your information as set forth in the Privacy Policy, which you should carefully review to understand and agree to all the ways that HealthLytix handles your information. 

All of your information will be located and hosted on servers located in the US, but you acknowledge and agree that HealthLytix may transfer your data from the US to other countries or regions in connection with the activities and purposes set forth in the Privacy Policy. By providing any information, including personal information, on or to the Services and/or Site, you consent to such use, transfer, storage, and processing. While there is no statutory or contractual requirement for you to provide this information, some of the information is necessary for HealthLytix to be able to provide the requested Services. Failure to provide such information will make it impossible for you to use the Services. HealthLytix will retain your personal information for as long as is necessary to carry out the function for which the information is being used and to comply with applicable laws and regulations. You further agree that by providing your sample, you are not violating any export ban or other legal restriction in the country of your residence. Clients who live outside of the US in certain jurisdictions may have the option of requesting that their personal information be accessed, updated, and/or removed at any time from our active databases, subject to the applicable laws and regulations of such jurisdictions. Such clients may also have the right to object to HealthLytix’s processing of their personal information and/or request that HealthLytix provide their personal information to another third party. HealthLytix may require that such requests be provided in writing subject to applicable laws and regulations with respect to transfer of medical information. If you would like to access, update, object to processing, request provision to a third party, and/or request removal from HealthLytix’s active databases of your personal information, please contact support@healthlytix.com. Any such requests will be honored within one (1) month. If you believe HealthLytix’s processing of your personal information is inappropriate, you have the right to lodge a complaint with a supervisory authority. 

Please refer to Section 4 above to understand how requests to remove or halt processing of personal information are handled, and refer to the Privacy Policy for details on the information that HealthLytix collects, how it uses this information, how information is shared, how HealthLytix protects the information, and your choices regarding the same.

8.    Self-Pay Payment and Test Kit Replacements.

You may be required to pay a fee to receive the Services. All fees are in US Dollars, and all payments will be processed by a US bank. If you pay with a credit or debit card, HealthLytix may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase and sale of the Services shall be deemed to occur in California, US. 

Please return your saliva sample as soon as possible, but in no event later than six (6) months after you receive your Test Kit. A timely return will help ensure that your sample is received before the expiration date of the saliva collection tube. Your failure to timely provide a sample may result in the expiration of the Test Kit or any of its components. In such case, we would require a new sample for processing, and you may incur a replacement kit fee, plus shipping and handling fees. 

On rare occasions, HealthLytix may be unable to process your sample either because of an issue with the sample you submitted or due to an issue at our contracted lab. If this occurs, our contracted lab will first attempt to process your leftover sample, if a sufficient amount is available, at no charge to you. If our contracted lab is still unable to process your sample, your healthcare provider can provide another Test Kit so that you may submit another sample for our contracted lab to process. If your second sample cannot be processed, please have your healthcare provider contact support@healthlytix.com to discuss options. 

If you require a replacement kit for any other reason, please have your healthcare provider contact support@healthlytix.com to receive assistance regarding a replacement kit.

9.    Promotional Codes and Offers.

From time to time, HealthLytix may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each, a “Promotional Offer”). Such Promotional Offers are only available to US residents and are void where prohibited. Unless otherwise expressly stated by HealthLytix, Promotional Offers may not be combined and may not be resold, forwarded, or otherwise transferred to any third party other than the intended recipient. HealthLytix reserves the right to modify or discontinue Promotional Offers at any time, or to deny Promotional Offers used in breach of the Terms. If a Promotional Offer is provided to a recipient who is not eligible to receive or use a Test or Test Kit, the Promotional Offer will be null and void. HealthLytix is not responsible if any Promotional Offer is lost, stolen, or destroyed, or if a Promotional Offer is used without the intended recipient’s permission. HealthLytix also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of the Terms, or any applicable law, rule, or regulation. 

IN THE EVENT A PROMOTIONAL OFFER IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND HEALTHLYTIX'S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT PROMOTIONAL OFFER. IN NO EVENT WILL HEALTHLYTIX BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF A PROMOTIONAL OFFER, OR YOUR INABILITY TO USE A PROMOTIONAL OFFER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HEALTHLYTIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

When you redeem a Promotional Offer, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and HealthLytix related to your use or receipt of a Promotional Offer. HealthLytix reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. Promotional Offers shall expire at the conclusion of the promotional period associated with such Promotional Offer. If no such period is specified, then such Promotional Offer shall expire twelve (12) months after its first offering or availability. 

10.    Limited Right to Use; Ownership; Proprietary Rights.

The Service is owned and operated by HealthLytix. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), bioinformatics pipeline, Test Kit, and all other elements of the Service (“Proprietary Materials”) provided by HealthLytix are protected by all relevant intellectual property and proprietary rights and applicable laws. Test Kits may not be resold, distributed, transferred, or used for any purpose other than for the performance of the Test(s) without the express prior written permission of HealthLytix. HealthLytix reserves the right to reject and/or deny Tests on any samples submitted using Test Kits that are in breach of these Terms of Service. All Proprietary Materials contained in the Service are the property of HealthLytix or HealthLytix’s third-party licensors. Except as expressly authorized by HealthLytix, you may not make use of the Proprietary Materials, and reverse engineering of the Proprietary Materials is strictly prohibited. HealthLytix reserves all rights to the Proprietary Materials not granted expressly in these Terms. 

The Site and its contents are owned by us, our licensors, or other providers of such material and are protected by all applicable laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other intellectual property laws.

Our name, brands, logos, slogans, and other trademarks are our trademarks. You may not use such trademarks without our prior written permission.

These TOS permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

You must not:

You may only use the Site for lawful purposes and in accordance with these TOS. You agree not to use the Site:

If you provide us with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that HealthLytix may use such Feedback in any way and for any purpose, without compensation or acknowledgment.

11.    Indemnification.

You agree to defend, indemnify, and hold harmless HealthLytix from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses, or fees of any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these TOS or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Site’s content other than as expressly authorized, your use of any information obtained from the Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

If you submit a sample for testing, you agree to defend, indemnify, and hold harmless HealthLytix from any liability arising out of the use or disclosure of any information obtained from processing or analyzing the sample, which is disclosed consistent with our Privacy Policy. In addition, if you choose to provide your information to third parties, whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold HealthLytix harmless from any and all liability arising from such disclosure or use of your information.

12.    Disclaimers; No Warranties.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HEALTHLYTIX ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR USEFULNESS OF OUR PRODUCTS OR TECHNOLOGIES, NOR DO WE ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY OR USEFULNESS OF ANY OF THE TECHNICAL INFORMATION MADE AVAILABLE BY US IN CONNECTION WITH OUR SERVICES (INCLUDING, WITHOUT LIMITATION, TEST RESULTS). 

YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, HEALTHLYTIX DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE HEALTHLYTIX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. BY USING THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING WITH A PHYSICIAN. 

HEALTHLYTIX DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ITS SERVICE OR THE SITE, AND YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OR WITHIN HEALTHLYTIX’S CONTROL. WE AND ALL PARTIES ASSOCIATED WITH US HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE.

13.    Limitation of Liability; Waiver.

IN NO EVENT WILL HEALTHLYTIX BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SITE OR OBTAINED IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HEALTHLYTIX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF HEALTHLYTIX TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY, OR (B) $50 USD. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

As with other genetic tests, the HealthLytix Test has certain limitations that you should discuss with your physician and carefully consider before proceeding with testing. These limitations include the following:

You hereby irrevocably waive any and all claims against HealthLytix for any amendment or modification of the Test report in accordance with HealthLytix’s standard operating procedures.

14.    Dispute Resolution and Arbitration.

14.1 General.
You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and/or Site, and your acceptance and use of the Results shall be resolved by binding arbitration 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. Any arbitration hearings will take place at a location to be agreed upon in San Diego County, California. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, the Service, the Site, and the Results, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought 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 such case, you agree to reimburse HealthLytix for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHLYTIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by HealthLytix, or persons employed or engaged by HealthLytix.

14.2 Exceptions.
Notwithstanding subsection 14.1, HealthLytix and you agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

14.3 No Class Actions.
YOU AND HEALTHLYTIX 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 HealthLytix 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.

14.4 Modifications.
In the event that HealthLytix makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change, in which case your account with HealthLytix shall be immediately terminated, and this arbitration provision as in effect immediately prior to the amendments you reject shall survive.

14.5 Enforceability.
If the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.

15.    Modification of the Terms.

HealthLytix reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Site, except as set forth below. These Terms will identify the date of last update. Your use of the Service and/or the Site following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the Terms, HealthLytix will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service and/or Site with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.

16.    General.

These Terms, together with the Privacy Policy, applicable Service Terms, and any other terms or agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and HealthLytix regarding your use of and access to the Service and/or Site, and except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms, your use of the Site and Service, and your provision of your PII shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and HealthLytix agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego County, California for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

17.    Contact Information.

The services hereunder are offered by HealthLytix. You may contact us by emailing us at support@healthlytix.com.

18.    Termination.

These Terms shall continue to have full force and effect unless and until terminated by HealthLytix. HealthLytix may terminate, suspend, or restrict any provision of these Terms and the Service and/or Site at any time in its sole discretion and without notice to you. 

We may terminate your use of the Services and/or your Account for any or no reason at any time. You understand that termination of your Account and your agreement with us pursuant to these TOS will not entitle you to any refund and may involve deletion of your information from our databases. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT.

19.    Third-Party Beneficiaries.

Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.

20.    Use of "Open Source" Software.

From time to time, HealthLytix may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by HealthLytix, and that HealthLytix does not, simply by virtue of their use or integration into any Service or the Site, make any guarantees or warranties regarding their quality or authenticity.

21.    Electronic Signatures.

By using our Site or Services you consent to transact business with HealthLytix electronically.

22.    Privacy Policy.

HealthLytix is committed to protecting your privacy. Details about HealthLytix’s policies and procedures governing privacy can be found at https://www.healthlytix.com/privacy-policy. You may also request copies of these policies by emailing support@healthlytix.com.

23.    Our Commitment to Accessibility.

HealthLytix is committed to making our Site’s content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Support team at +1 619 387-7430 or email support@healthlytix.com with “Disabled Access” in the subject line and provide (a) a description of the specific feature you feel is not fully accessible, or (b) a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our clients and our overall accessibility policies. Additionally, while we do not control vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.


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Version date: January 25, 2019

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