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.
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 firstname.lastname@example.org.
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
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
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 email@example.com. to discuss options.
If you require a replacement kit for any other reason, please have your healthcare provider contact firstname.lastname@example.org 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:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
You must not:
- Modify the Site or any materials from this Site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; or,
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
You may only use the Site for lawful purposes and in accordance with these TOS. You agree not to use the Site:
- In any way that violates any applicable law or regulation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including by using email addresses associated with any of the foregoing).
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.
- To use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site.
- To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- To use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose.
- To introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of 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.
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.
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:
The Test is based on our current knowledge of many diverse technical disciplines including, without limitation, genetics and biology, pathology, immunology, epidemiology, biostatistics, bioinformatics, computational biology, and artificial intelligence. This knowledge changes as more is learned through research and development; thus, HealthLytix Test Results based on the current state of knowledge may be interpreted differently in the future.
The HealthLytix Test provides risk stratification information to evaluate predisposition to disease and is not a test for the disease itself. A low test score result should not be used to rule out the likelihood of developing the disease.
The HealthLytix Test should not replace routine screening tests recommended by your physician and/or leading national medical organizations and various medical specialty organizations that publish practice guidelines.
Our Services do not incorporate a complete view of your health history. Before you act on any information provided by the HealthLytix Test, please consult with your physician.
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
17. Contact Information
The services hereunder are offered by HealthLytix. You may contact us by emailing us at email@example.com.
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.
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 firstname.lastname@example.org.
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 email@example.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.
Thank you for visiting our Site.
Version date: January 25, 2019