MY FIT KEY: The “Doing Business As” name for Champion DNA, LLC located at 16840 Buccaneer Lane, Suite 261, Houston, TX, 77058.
MY FIT KEY Consent Document: MY FIT KEY’s formal consent document authorizing MY FIT KEY to collect your personal information for MY FIT KEY Research.
MY FIT KEY Research: The collection of genetic data and information for research purposes by a consenting user.
R&D: Research and development based on data obtained from users. Activities in R&D include, but are not limited to, development of new tests and services, and improvement of existing services.
Services: MY FIT KEY’s products, services, and website as accessed by users, either with or without an account. This further includes, any graphics, text, images or other information displayed on the MY FIT KEY website.
Personal Information: Information about an individual, including information that can be used to identify said individual. MY FIT KEY compiles and archives the Personal Information as below:
- Aggregate Genetic and Self-Reported Information: Genetic and self-reported information is obtained from the User’s Registration Information, including the FITResponse Questionnaire. Information is aggregated to minimize the risk of exposing personal individual information and still generates meaningful scientific evidence and study.
- Genetic Information: Data related to your genotype or specific alleles (e.g. AA, GA) generated through sequencing of your buccal swab sample by MY FIT KEY or by its contractors, successors, or assignees.
- Registration Information: The personal information provided when registering and/or purchasing MY FIT KEY Services and Products.
- Self-Reported Information: The personal information you enter into any surveys, questionnaires, forms or features while using the MY FIT KEY This includes, but is not limited to, medical conditions, prescribed or non-prescribed drugs, vitamins, and/or supplements, sports-related information, ethnicity, and family history. Self-reported information is only used after having provided consent to do so through the MY FIT KEY Consent Document.
- User Content: All other information provided by MY FIT KEY users that is not Genetic or self-reported information. The information may be distributed publicly or privately, to or through MY FIT KEY.
Privacy Statement: Defined in Section XX of these Terms of Service.
II. ACCEPTANCE OF TERMS
The terms identified in this document (the “Terms of Service” or “TOS”) apply to any use of MY FIT KEY’s Services, including:
- The submission of a buccal swab(s) for DNA extraction, sequencing, and analysis:
- The provision of a digital version of your Genetic Information and interpretation of the analyzed data on the MY FIT KEY website; and/or;
- The registration and use of a free MY FIT KEY
In order to use MY FIT KEY’s Services, you MUST agree to the TOS. Services will not be provided if the TOS is not accepted. Acceptance of the TOS can occur in two ways: (1) accepting or agreeing to the TOS; or (2) by use of the Services in which My FIT KEY will treat your use of the Services as implied acceptance of the TOS. Services may be subject to change or updates. MY FIT KEY will notify you should the terms be modified.
Users who provide genetic information MUST be (a) at least 18 years of age OR have the permission of a parent or legal guardian, and (b), legally be able to use the Services under the laws of the state or country in which they reside.
IV. THE SERVICES
The Services include access to the MY FIT KEY website and its personal genetic services, including the collection, extraction, sequencing, and analysis of your genetic information based on a buccal swab(s) sample or the electronic transmission of your genetic information from other sources at your authorization. [e.g. 23andMe, Ancestry].
Unless otherwise stated, each new Service, Product, or Feature offered by MY FIT KEY will be subject to the TOS. In using MY FIT KEY Services, you accept and agree that they are provided AS IS, based on current genetic research and technology as deployed by MY FIT KEY.
Further, you agree that Services could change without any prior notice or communication. Scientific research advances at a rapid pace and the technology and tools used to extract, identify, and analyze genetic material is evolving rapidly as well; as part of this progression, you accept and agree that MY FIT KEY may stop or discontinue, either temporarily or permanently, some Services or features of Services without prior notice or communication.
As a MY FIT KEY user, you can stop Services at any time. There is no notification required to MY FIT KEY unless you wish to close your account. Account closures must be directed in writing to Clientservices@myfitkey.com. MY FIT KEY does not have responsibility for the use of Services outside of the TOS or any other terms that may apply.
As a requirement to use the Services, you must have Internet access. My Fit Key is not responsible for any fee associated with gaining access to the internet. Additionally, you must provide all necessary equipment to connect to the Internet. MY FIT KEY may set a limit on storage space and transmissions for the Services at their discretion.
MY FIT KEY may disclose Aggregated Genetic and Self-Reported Information to third parties. Aggregated data helps ensure that any information could not be utilized, either alone or with other readily available information, to identify an individual. Any use of Aggregated Genetic and Self-Reported Information will be contractually protected with a third party to ensure your privacy and security.
Your acceptance of the Consent Document also means that we may disclose your Genetic and Self-Reported Information to qualified researchers and collaborators who have been authorized by MY FIT KEY. Results of any research may involve publication in peer-reviewed scientific journals or as guidance in developing new Services, Products and Features. All researchers and collaborators will be held to strict guidelines and only the minimum amount of information necessary for the study will be provided. Additionally, reasonable measures will be taken to redact personal information.
If you do not give consent for your Genetic and/or Self-Reported Information to be used for MY FIT KEY Research, we can still use this data and information for R&D as described previously, including disclosing Aggregated and Self-Reported Information to third-party research partners.
Unless otherwise stated, your Genetic and Self-Reported Information will not be released to a third party without your explicit consent. In the event that we are legally required to disclose information, we will make reasonable efforts to notify you, except in circumstances where we are legally prohibited from doing so.
V. RISK AND CONSIDERATIONS
Our understanding of the human genome and the wealth of information it can provide continues to grow almost exponentially. The insights we’ve gleaned from genetic data, and continue to compile, have already made a difference in how various diseases and conditions are treated and managed in everything from cancer to cardiac disease.
Genes alone do not pre-destine an individual for a given disease nor to a lifetime of health, wellness, or longevity. Genetic data is just one piece of your overall health and fitness perspective and cannot account for environmental factors (e.g. exposure to certain chemicals) or other influencers during your lifetime such as diet, alcohol, or tobacco/drug use. Other undiscovered genetic markers may also play a role.
Your MY FIT KEY genetic results may contain both positive and negative information. Results may show that you have an elevated risk or pre-disposition for a trait, condition, or disease. This does not mean that you will develop that trait, condition or disease. Conversely, if a result shows that you have a lower risk of a trait, condition, or disease, it does not mean that you may never exhibit that trait or develop that condition or disease.
In addition, although we analyze many points of information in your DNA, not all of them may relate to human traits, nor to your ethnic group(s) or gender. MY FIT KEY does make every attempt to use evidence from scientific studies that are gender-specific, but some of the interpretations we provide may not apply to you.
At no time should you change, modify, or alter your health habits and behaviors solely on results from MY FIT KEY. Your results should be discussed with your physician or healthcare provider prior to the adoption of any new training, behaviors, diet, supplements/drugs, devices, or medical intervention.
As genomic research advances, you may need or want to obtain further Services from MY FIT KEY or other sources to better assess your genetic make-up and re-examine its correlation with current scientific knowledge and medical practice. MY FIT KEY results are not intended to be a substitute for the advice, guidance, treatment, or health management of your healthcare professional. Nor are they intended to diagnose, cure, or prevent a disease or condition. Always consult your physician or healthcare professional if you have concerns about any of your results or genetic testing in general.
You should also be aware that any Genetic Information you share with your healthcare provider could become part of your medical record and be accessed by third-party healthcare providers or insurers. The Genetic Information Nondiscrimination Act of 2008 (GINA), does protect Americans from discrimination based on their genetic information in both health insurance (Title I) and employment (Title II). While at this time very few companies request genetic information, if shared, it could be used contrary to your best interest. Given that our base of genetic knowledge continues to grow, data or mutations that may be of no consequence today could still have implications in the near future. If you have any concerns about the privacy of your data, how it might be shared, or GINA, you should consult with an attorney or legal professional.
MY FIT KEY Services are for research, informational, and educational use. No medical advice or guidance is provided. The technology used to perform MY FIT KEY testing (DNA extraction, amplification, and sequencing) has been clinically validated. Our testing facility, as well as those of any of our referral testing locations, have been licensed by CLIA (Clinical Laboratory Improvement Amendments) and accredited by CAP (College of American Pathologists). If you wish to obtain a copy of the CLIA licensure and/or CAP accreditation, you can do so by contacting MY FIT KEY Client Services at 855-434-8539 or firstname.lastname@example.org.
VI. TESTING LIMITATIONS
There may be circumstances where MY FIT KEY cannot process your buccal swab(s), the analysis of your sample(s) may result in errors, or we cannot report results. The buccal swab(s) you provide may not contain enough volume of DNA for testing or the swab(s) and/or their transport containers are compromised and do not meet laboratory safety, quality or accuracy standards.
VII. REPEAT TESTING / REFUNDS
- Should the first attempt to process your buccal swab be unsuccessful, MY FIT KEY will ship another kit to the user to collect a second swab(s) at no charge; OR
- The user may request a full refund for any monies paid to MY FIT KEY.
- If the user elects to request and receives a refund under (B) and then purchases another test that is not successful, the user is not entitled to a re-test or refund for the subsequent purchase.
- In the unlikely event of a data error, where MY FIT KEY cannot interpret data or data is incorrect, there will not be a refund to the user.
VIII. USER REPRESENTATIONS
By accessing and registering for MY FIT KEY Services, you agree to, acknowledge and represent, as follows:
- The information you obtain from MY FIT KEY is not for the diagnosis, prevention, or treatment of any condition or disease, nor does it represent the state of your health, either with or without clinical or medical information.
- MY FIT KEY Services are for research, educational, and informational purposes only. Nothing in the Services provided by MY FIT KEY should be deemed to be definitive or conclusive. Any suggestion of a pre-disposition to a trait, condition, or disease, as well as a possible diagnosis or treatment, should be reviewed and confirmed by a healthcare professional or physician.
- You should seek the advice and guidance of a healthcare professional or physician should you have questions or concerns about any of your genetic information or MY FIT KEY
- You are providing permission to MY FIT KEY and any of its contractors, successors, or assignees, to perform appropriate services on the DNA extracted from your buccal swab(s).
- Once submitted and analyzed, your buccal swab(s) sample(s) and DNA is irreversibly processed and cannot be returned to you.
- You are providing permission for MY FIT KEY to disclose any DNA analysis results to you and anyone you specifically authorize when allowable by law.
- You confirm that you are of at least 18 years of age if you provide a buccal swab(s) and/or Genetic Information and/or Self-Reported Information.
- If you are acting on behalf of an individual below 18 years of age, you confirm that you are authorized to do so as a parent or legal guardian of the individual.
- You guarantee that the buccal swab(s) sample(s) being provided to MY FIT KEY have been obtained from you and not from another individual or altered in any manner.
- You guarantee that if the buccal swab(s) sample(s) being provided to MY FIT KEY have been obtained from an individual below 18 years of age, you are legally authorized to agree to the TOS and the samples have been obtained from the designated individual and not from another individual or altered in any way.
- You confirm that you are not providing buccal swab(s) sample(s) from a legal residence outside the United States.
- You acknowledge that you do not represent an insurance company or agent of an insurance company, nor are you trying to obtain genetic information about an insured or company employee.
- You acknowledge that information provided by MY FIT KEY may not be positive and could have strong emotional consequences.
- You acknowledge that you are responsible for any and all consequences should you share your MY FIT KEY results with others.
- You acknowledge that all of your Genetic and/or Self-Reported Information will be stored and processed by MY FIT KEY as stated in the Privacy Statement.
- You acknowledge that by providing buccal swab(s) sample(s) and Genetic and/or Self-Reported Information to MY FIT KEY, as well as allowing for the analysis of your DNA, you do not have any proprietary or other rights to research or products that may be developed by MY FIT KEY or its partners or affiliates. You further understand that you will not benefit in any way from research or products generated from your Genetic and/or Self-Reported Information.
- You agree that you have the authority under the laws of the jurisdiction in which you legally reside, to make the above representations.
- You agree that if you breach any of these representations or the TOS in any manner, MY FIT KEY has the right to terminate your account and refuse you future Services.
- You agree that if you breach any contractual obligations to MY FIT KEY, you will hold MY FIT KEY and any of its affiliates harmless, as well as indemnify MY FIT KEY and any of its affiliates, against any liability or damages that may arise from contract breaches.
I. CREATING A MY FIT KEY ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONS
In order to use MY FIT KEY’s Services, you agree to:
- Provide accurate and current Registration Information about yourself as requested by the Services.
- Maintain and update your Registration Information.
- Termination or suspension of your account by MY FIT KEY if there is suspicion or evidence there has been non-current or inaccurate Registration Information provided.
- Refusal of current or future Services by MY FIT KEY if there is suspicion or evidence there has been non-current or inaccurate Registration Information provided.
- Create a password for your account for which you will be responsible for maintaining the confidentiality and any activity that happens under your password and account.
- Notify MY FIT KEY immediately of any unauthorized account or password activity.
- Indemnify MY FIT KEY and any of its affiliates for any liability or costs arising from claims by others should you allow them access to MY FIT KEY’s website through your account or password.
- Exit or log out of your account after each session or use.
Further, MY FIT KEY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING OR ADHERING TO THE CONTENT OF THIS SECTION.
II. MY FIT KEY PRIVACY STATEMENT AND DISCLOSURE INFORMATION
In order to use MY FIT KEY’s Services, you must acknowledge and accept the Privacy Statement. You will not be able to use MY FIT KEY’s Services if you do not accept the Privacy Statement. Acknowledgement of the Privacy Statement can occur in two (2) ways; (a) clicking “Accept” to the Privacy Statement on the MY FIT KEY website, or (b), utilizing the Services. You further acknowledge that MY FIT KEY personnel may monitor the use of its systems and keep copies of any such monitoring. You can see the complete Full Internet Privacy Statement clicking here.(https://myfitkey.com/XXXX)
III. LIMITED LICENSE
You acknowledge that ALL of the User Content, whether publicly shown or privately communicated, is the responsibility of the author or poster of the particular User Content. MY FIT KEY is not responsible for any of the User Content posted, emailed, or uploaded through the MY FIT KEY website or Services.
You acknowledge that the content from the Services made available to you, whether original content from MY FIT KEY’s Services or sponsored Services content, is copyright protected. Additionally, any intellectual property rights are owned by MY FIT KEY and/or the sponsors who provide the content or others on their behalf.
You do not have permission to share any of the content unless explicitly stated, and MY FIT KEY prohibits you from modifying, leasing, selling, distributing, or creating works based on the Services content unless you have been expressly authorized by MY FIT KEY or other owners of content in a separate written contract or agreement.
IV. USER CONDUCT – UNLAWFUL AND PROHIBITED USE
You provide your guarantee that you will not use MY FIT KEY’s Services for any unlawful or prohibited purposes, including any ways in which the Services could be damaged or impaired, interfere with other’s use of the Services, or to obtain, or attempt to obtain, any information in any manner not explicitly associated with the Services.
Further you specifically agree to not use the Services for the following:
- To upload, post or share any material that is obscene, offensive or discriminatory in nature based on race, color, origin, sexual orientation, gender, age or other status;
- To upload, post or share any legally forbidden content or transmission thereof;
- To upload, post, or share any content that infringes on patent, trademark or proprietary rights of MY FIT KEY or other parties;
- To upload, post, or share unauthorized advertising, including junk mail or spam, unless in those areas explicitly designed for such purposes and to the extent the law allows the content;
- To upload, post, or share malware, files, programs, and/or content/information that contains viruses, codes, files, programs, or artifacts that can damage, destroy, or limit the functionality of a computer, phone, PDA, tablet or associated hardware;
- To impersonate another person, including anyone affiliated with MY FIT KEY or its contractors or associates, nor misrepresent your affiliation or association with someone else;
- To add or attempt to modify or alter headers or identifiers to conceal the origination of any content shared through the Services;
- To stalk or harass an individual or group of individuals;
- As a vehicle to harm, entice, or solicit minors in any way;
- To utilize the receipt of any information available through the Services to attempt to identify or contact other users, except when using features specifically designed by the website for these purposes;
- To advertise, buy, sell or barter any goods or services for business purposes unless expressly authorized by MY FIT KEY to do so.
- To download any shared user files that you know cannot be legally distributed;
- To use software, devices or services to interact with MY FIT KEY’s Services or its servers unless expressly authorized by MY FIT KEY;
- To simulate or “frame” any function of the MY FIT KEY website;
- To override or attempt to override, “hack” or otherwise disrupt the security of MY FIT KEY’s website;
- To interfere with, or disrupt, MY FIT KEY’s Services, servers, networks, or connected users.
- To disobey or not follow any requirements, guidelines, policies or regulations of networks that are connected to the Services;
- To knowingly violate the TOS, codes of conduct, or any applicable guidelines that apply to the Services or have been communicated to you whether verbally or in writing, by anyone from MY KIT KEY;
- To violate municipal, provincial, national or international laws or regulations within the law, at any time.
You acknowledge and accept responsibility for any violation of your obligations under the TOS and for any consequences incurred as a result of violations of the TOS, including any damage that MY FIT KEY may suffer. MY FIT KEY has no responsibility to you or anyone for violations or consequences of violations of the TOS. MY FIT KEY has the right to suspend or terminate your account and refuse any future Services use for any agreement violations. You acknowledge and accept that you will further indemnify MY FIT KEY and any of its affiliates against any costs or damages incurred as a result of violations.
Violation of any of the terms of this Section, or suspected violation, may result in suspension or termination of your account or refusal of future use of Services, as determined by MY FIT KEY.
V. EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
You agree that you will abide by all applicable laws and regulations in your use of the Services, including non-violation of any applicable export control rules. Further, you agree that you will not perform or behave in any manner that would cause MY FIT KEY to violate any such statute, law or regulation.
VI. INFORMATION POSTED THROUGH THE SERVICES
MY FIT KEY does not guarantee the accuracy or quality of any of the User Content, or any other outside content not provided by MY FIT KEY. By using the Services, you acknowledge that it is possible you may be exposed to offensive or indecent content. MY FIT KEY will not be held responsible for any outside content, including errors in said content, or loss or damage as a result of the content posted or shared through the Services. You further acknowledge that MY FIT KEY has the right to review, modify, pre-screen/qualify, or refuse any content available through MY FIT KEY. However, MY FIT KEY is under no obligation to do any of the former. MY FIT KEY has the right, along with any of its designees, to remove at its sole discretion. any content that violates the TOS. You assume all risks associated with content use, accuracy, and meaningfulness.
VII. YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO MY FIT KEY
MY FIT KEY has no ownership or claim of ownership over any User content created and shared with MY FIT KEY. Unless otherwise stated, you retain copyright and any other rights already possessed by you over User Content that you create and share on or through the Services. You acknowledge that by creating and sharing User Content however, you give MY FIT KEY the irrevocable right to reproduce, adapt, modify, publish and distribute derivative works from any User Content created and shared through the Services.
You further accept that this license allows MY FIT KEY to make the User Content available to other companies, organizations or individuals outside of MY FIT KEY with whom MY FIT KEY has a relationship and utilize the User Content in conjunction with these services.
You acknowledge that MY FIT KEY may (a) distribute your User Content over public networks and media; and (b) make necessary changes or alter your content in order to conform to the requirements of networks, services or media. You understand and accept that this license allows MY FIT KEY to take these actions and you give MY FIT KEY the right and power in order to grant the license stated.
MY FIT KEY cannot disclose Genetic and/or Self-Reported Information to third parties without your consent, unless required by law (as described in the Privacy Statement). You do however acknowledge that MY FIT KEY cannot control, nor be held responsible, for the distribution of any Genetic and/or Self-Reported Information shared publicly on the MY FIT KEY website. Once shared on the website, you may cease to have control over any further dissemination of the information.
Any Genetic Information taken from your buccal swab(s) sample(s) remains your information but is subject to the rights expressed in the TOS. You further acknowledge that you do not expect any type of financial benefit or remuneration from MY FIT KEY if your Genetic and/or Self-Reported Information is processed and shared with research and commercial partners or affiliates.
You acknowledge that by providing your buccal swab(s) sample(s), having your Genetic Information analyzed, accessing that Genetic Information, or sharing Self-Reported Information, you have no rights whatsoever in any products or services that might be developed by MY FIT KEY or any third party.
You agree to defend and hold harmless MY FIT KEY and any of its subsidiaries, affiliates, partners, agents, contractors, successors, officers and employees, and assigns from any claims including attorney’s fees, made by any third party from the User Content submitted or shared through the Services, your Services use, your Services connection, your TOS violations, or any other rights violation(s).
If you have provided MY FIT KEY with a buccal swab(s) sample(s) or you have provided your Genetic Information to MY FIT KEY, you will indemnify MY FIT KEY and its employees, contractors, successors and any assigns from any liability from the use and disclosure of any information obtained from the genetic analysis of your buccal swab(s) sample(s), the analysis of your Genetic Information, the integration of third party genetic testing services, or results from third party services that may be provided in the future.
You further agree that you will indemnify and hold harmless MY FIT KEY and any of its subsidiaries, affiliates, partners, agents, contractors, successors, officers and employees, and assigns from harm, damage, costs, and expenses derived from or attributable to your violation of any portion or section of the TOS. If you should provide your Genetic and/or Self-Reported Information to third parties, you additionally agree to indemnify MY FIT KEY and its employees, contractors, successors and assigns from any liability resulting from such disclosure.
IX. NO RESALE OF SERVICES
You agree not to distribute, publish, duplicate, copy, create, sell, barter or share portions or all of the Services, the use of the Services, or access to the Services, for any commercial purposes unless otherwise stated in the TOS or other agreement.
X. GENERAL PRACTICE REGARDING USE AND STORAGE
You accept that MY FIT KEY may establish practices and limits concerning the Services and use and storage of data and information. These may include but are not limited to; (a) the maximum number of days that Personal Information and Services content are retained, (b) the maximum allowable data storage space, and (c) the maximum number of times you are allowed to access the Services in a given time period. You understand that MY FIT KEY has no responsibility or liability for the deletion of messages or content maintained or shared by the Services or for the loss of any information because of the malfunction of servers, whether through an Act of God, malicious disruption or other events. You also understand that MY FIT KEY may modify or change these practices and limits at its sole discretion.
XI. SERVICE MODIFICATIONS
MY FIT KEY has the right to modify, alter or discontinue the Services at any time without prior notice. You understand and accept that modifications or changes may result in a delay in results or data for some of the Services or features of the Services. MY FIT KEY will not be liable to you or any third party for any modification or discontinuation of Services.
You understand that MY FIT KEY may offer different or additional features to analyze your Genetic information at any time. This may include but is not limited to the technology for DNA analysis or the software utilized to review your Genetic Information or other data. Your initial purchase with MY FIT KEY does not allow or entitle you to obtain additional technologies or features without possible additional fees.
The TOS will apply until MY FIT KEY or you terminate your obligations as described in this Section.
If you chose to terminate your legal agreement with MY FIT KEY, you must provide written notice to MY FIT KEY Client Services at email@example.com. Further, you must close all accounts for all the Services that may have been provided to you.
Upon receipt of your written termination notice, Client Services will send an email confirming your request. With your subsequent email reply to the confirmation notice, the termination of your legal agreement will be effective.
If sending written notice directly to MY FIT KEY, correspondence should go to:
MY FIT KEY
Attn: Client Services
16840 Buccaneer Lane, #261
Houston, TX. 77058
MY FIT KEY may terminate its legal agreement with you at any time. Your password may be revoked and your account terminated with any of the actions below:
- Violation of any of the provisions of the TOS or behavior that indicates you cannot comply with the provisions of the TOS;
- Legal requirement by MY FIT KEY to do so;
- Termination of a relationship between a third party or partner of MY FIT KEY or discontinuation of Services to either MY FIT KEY or you;
- Discontinuation of the Services by MY FIT KEY in the state or country of your residence; or
- Commercial viability is no longer deemed sustainable by MY FIT KEY.
All illegal or suspected illegal activity is grounds for termination of your Services and will be referred to the appropriate law enforcement agency or authority. You understand that MY FIT KEY is not liable to you or any third party for terminating Services use.
XIII. TERM SURVIVAL
Termination of the TOS or a user account will not affect any existing obligations of the user to MY FIT KEY, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
XIV. DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Business dealings or correspondence through promotions, vendors, and other resources involved in MY FIT KEY Services, including payment and shipping of goods and any other terms and conditions associated with such dealings, are exclusively between you and the provider. You agree that MY FIT KEY cannot be held responsible or liable for any loss or damage resulting from these dealings or as a result of information provided on the Services.
XV. HYPERLINKS AND MY FIT KEY
As part of MY FIT KEY Services, we may provide, along with third parties, links to other websites and scientific resources available on the Internet. MY FIT KEY has no control over these websites or resources. You understand and accept that MY FIT KEY cannot be held liable for any loses or damages caused by, or in conjunction with, the use of the content made available through hyperlinks.
XVI. MY FIT KEY’S PROPRIETARY RIGHTS
It is your understanding and acceptance that MY FIT KEY owns all legal rights, interests and intellectual property (including patents) to the Services or any parts of the Services. Further, there may be confidential information contained in the Services that you cannot disclose without the written consent of MY FIT KEY. Additionally, any software used for the Services may contain information that is both confidential and proprietary and is legally protected; you acknowledge this and also that information provided by MY FIT KEY is protected by copyrights, trademarks, patents, and other proprietary laws.
Unless authorized and permitted by MY FIT KEY, you agree that you will not sell, barter, modify, distribute or create derivative works of any of the information found on the Services. All downloadable Software for the Services is copyrighted. Software use is further governed by the terms of the license agreement included with the Software (“License Agreement”). You will not try to install or use any Software that has a License Agreement without first agreeing to the terms of the License Agreement. All MY FIT KEY logos, products, service and offering names are MY FIT KEY trademarks, unless otherwise noted. Nothing in the TOS provides the right to use the MY FIT KEY marks without the written consent of MY FIT KEY. You accept that you will not, nor cannot, remove, obscure, modify, or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.
You must have authorization from MY FIT KEY in writing to use any trademarks, trade names or logos of the company in the Services. You accept that you will not use any of the former in a manner that will cause confusion about the marks, names and/or logos. For any Software that does not have or fall under the License Agreement, MY FIT KEY grants a personal, non-transferable right and license to use the code for its Software on one computer. However, you cannot allow a third party to copy, modify, alter or create derivative works through reverse engineering or means to attempt to discover any code or transfer any right in the Software unless expressly permitted by MY FIT KEY in writing or is legally permissible.
The license is granted solely for the purpose of allowing the use and enjoyment of the Services provided by MY FIT KEY as allowed under the TOS. Without express written permission, you cannot assign your rights to use the Software, grant a security interest over the Software nor transfer any part of your rights to use the Software. You agree that you will not modify the Software in any manner nor use modified versions of the Software. This includes for purposes of obtaining prohibited access to the Services. You agree not to access the Services through any other means than by the interface provided by MY FIT KEY. Any rights not granted here are reserved.
XVII. WARRANTY DISCLAIMER
You explicitly acknowledge and agree that:
- You use the Services at your own risk. The Services are provided “as is” and “as available”. MY FIT KEY explicitly disclaims all warranties of any kind, including merchantability warranties.
- Downloaded material or any material obtained through the Services is done so at your own risk. You are solely responsible for any damage to your computer or any loss of data that may result from a download.
- No advice, whether oral or written, obtained from MY FIT KEY through the Services creates a warranty that is not explicitly noted in the TOS.
- MY FIT KEY does not control third parties to whom you may disclose personal information through the use of the Services. MY FIT KEY disclaims any liability associated with any actions that result from your participation in the Services.
MY FIT KEY makes no warranty that:
- The Services will meet your requirements and/or expectations;
- The Services will be error-free, uninterrupted or completely secure;
- Results obtained from the Services will be wholly accurate and reliable;
- Products, information or services obtained through the Services, as well as any other material purchased or obtained through the Services will meet all of your expectations; and
- Errors in Software will be corrected.
XVIII. LIABILITY LIMITATION
You explicitly understand and accept, within the limitations of the law, that MY FIT KEY shall not be liable for any damages including damages for loss of profits, use, data or other losses, even if MY FIT KEY has been advised of the possibility of these damages, resulting from:
- The use or inability to use the Services;
- Any action taken based on information received from the Services or through them;
- Any failure on your part to keep your account and/or passwords confidential and secure;
- The cost of procurement resulting from any goods, data, information, or services bought or obtained or messages received through or from the Services;
- Prohibited access to data or alteration of data transmissions;
- Improper authorization for the Services by someone claiming to have requisite authority; or
- Statements or conduct of any third party on the Services.
Notices will be provided to you through email or regular mail. Notices of changes to the TOS or other matters may also be sent via links to notices on our website or through the Services. Official notices regarding the TOS must be sent to:
Champion DNA, LLC
16840 Buccaneer Lane, #261
Houston, TX. 77058
XX. CHANGES TO THE TERMS OF SERVICE (TOS)
MY FIT KEY may make changes to the TOS at any time. When changes are made, MY FIT KEY will make a new copy of the TOS available on the website. Any new terms will be available from or through the Services. You understand and accept that if you use the Services after the date the TOS was changed, your use will be treated as agreement of the updated TOS.
XXI. VIOLATION OR SUSPECTED VIOLATION OF THE TERMS OF SERVICE (TOS)
Violation or suspected violation of any of the terms within the TOS gives MY FIT KEY the right to suspend or terminate your account and further refuse current or future use of the Services.
The TOS represents the entire agreement between you and MY FIT KEY. It further governs your Services use and replaces any prior agreements made between you and MY FIT KEY. You may be subject to additional terms and conditions that may apply when you use the Services, Content or Software.
[Standard verbiage here on handling of disputes, arbitration, etc. through Harris County, TX. Also boilerplate for waiver, limitation of action, amendments, assignment, etc.]