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TERMS OF USE

The following Terms of Use are entered into by and between You and Metabolic Terrain Omics (“MTOmics”, “Company”, “we”, or “us”).

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.MTOmics.com, including any content, functionality and services offered on or through https://www.MTOmics.com (the “Web Application” or “Service(s)” or “Platform”) whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Web Application.

 

This Web Application is offered and available to users who are 18 years of age or older. By using this Web Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Web Application.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Web Application thereafter. Your continued use of the Web Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY

Your use of the Web Application is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Web Application and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

DISCLAIMER

Your use of the Web Application is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Web Application and informs users of various limitations regarding the information provided on the Web Application. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

ACCESSING THE WEB APPLICATION AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Web Application and any service or material we provide on the Web Application in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Application, or the entire Web Application to registered users.

 

To access the Web Application or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Web Application and any resources downloaded from the Web Application that all the information you provide on the Web Application is correct, true, current, and complete. You agree that all information you provide to register with this Web Application or otherwise, including but not limited to through the use of any features on the Web Application, are governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

You shall treat all information that you provide as part of your registration for the Web Application as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Web Application or portions of it using your username, password or other security information utilized for registration. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Web Application strictly in accordance with these Terms of Use.

 

As a condition of your use of the Web Application, you warrant to the Company that you will not use the Web Application or any of the resources available from the Web Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Web Application or any of the resources available from the Web Application in any manner that could damage, disable, overburden, or impair the Web Application or interfere with any other party’s use and enjoyment of the Web Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Application.

 

All content included as part of any information, service, or educational course, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Web Application, is the property of the Company, its subsidiaries, or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Web Application or any of the resources available for download from the Web Application. You may not distribute any of the content or materials contained on the Web Application without the express written permission of the Company.

 

The Company content is not for resale. Your use of the Web Application or any of the resources available for download from the Web Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use including, where applicable as a practitioner for patient purposes, when provided with permission, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Web Application are the trademarks of their respective owners.

PROPRIETARY RIGHTS

You acknowledge and agree that the Web Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained on the Web Application or information that may have been presented to you through the Web Application is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

NO RESALE OF THE SERVICE

You agree not to copy, sell, resell, rent, or sublicense (including offering the Web Application to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Web Application, allow unauthorized use or access to the Web Application. You agree not to access the Web Application by any means other than through the interface that is provided by the Company for use in accessing the Web Application.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Web Application and the resources available for download through this Web Application, if any, are for educational and informational purposes only. The information contained on this Web Application and the resources available for download through this Web Application is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Web Application and the resources available for download, if any, are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Web Application or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

By using this Web Application, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Web Application or the resources available for download from this Web Application. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Web Application.

NO GUARANTEES AS TO RESULTS

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Web Application or not. The Company provides educational and informational resources that are intended to help users of this Web Application in various capacities. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and numerous other circumstances beyond the control and/or knowledge of the Company. At all times, you are advised to continue to seek the advice of your physician or healthcare provider, or of a physician or healthcare provider with knowledge about the particular situation.

 

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Web Application are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Accessing the Web Application or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Web Application, satisfy any legal requirement that such communications be in writing.

 

We would be pleased to communicate with you by email, and there are various places on this Web Application and otherwise that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship outside of your registered access to this Web Application. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

PAYMENT OF FEES

If you subscribe to the service on this Web Application that requires payment of a fee, you agree to pay all fees associated with such subscription. For all charges for services through this Web Application, we will bill you through your chosen payment method. Recurring charges are billed in advance of your accessing the service. You agree to provide us with accurate and complete billing information, including valid payment information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change .

 

If, for any reason, your selected payment method refuses to pay the amount billed for the subscription, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

 

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

 

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

TERMINATION

You acknowledge and agree that the Company may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Web Application, without prior notice, for any reason, including, without limitation, if you engage in any conduct that the Company believes, in its sole discretion: (a) violates any term or provision of this Terms of Service and Use, or any other applicable policy; (b) violates the rights of the Company, partners, affiliates, subsidiaries, or our partners; or (c) is otherwise inappropriate for continued access and use of the Web Application. In addition, the Company reserves the right to terminate inactive subscription accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Web Application. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith.

 

Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Web Application. You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service and Use, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Web Application.

MATERIALS PROVIDED TO THE WEB APPLICATION

The Company does not claim ownership of the materials you provide to the Web Application, if any (including feedback and suggestions) or post, upload, input or submit to any Web Application or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection for research, healthcare collaborations, or any other purpose that does not conflict with the mission of the Company.  Unless otherwise agreed upon, the Company will not identify you by name or any other identifiable characteristics.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Web Application may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the content(s) of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

 

Certain services made available via the Web Application may be delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Web Application, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

USE OF TEMPLATES AND FORMS

The Company may provide various templates and/or forms for download and/or sale on this Web Application. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

 

By ordering or downloading Forms, you agree that the Forms you purchase, download, or utilize may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

The Company from time-to-time may provide various courses, programs, and associated material for sale through this Web Application. Should you choose to purchase or otherwise obtain any of the Courses, Programs, and Associated Materials, the Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use, without any rights to disseminate any such materials. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

 

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. You also agree that you will provide proper attribution to the Company for any and all such materials.

USE OF DOWNLOADABLE CONTENT

The Company provides various resources on this Web Application and to subscribers, which users will be able to access through the user’s subscription. The Company grants you a limited, personal, non-exclusive, non-transferable license to use the resources provided as a result of your subscription for your own personal or internal business use and in accordance with the Company’s policies. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the available content in any manner.

 

By downloading any of the available content, you agree that such content you download may only be used by you for your personal or business use, in accordance with the Company’s policies, and may not be sold or redistributed without the express written consent of the Company.

 

By downloading any of the available content, you further agree that you shall not create any derivative work based upon any such content and you shall not offer any competing products or services based upon any information contained in any of the content provided to you by accessing the Company’s Web Application.

CANCELLATION OF SUBSCRIPTION

Certain of the Company’s products and services may be subject to and offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing: [email protected].

 

Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.  Practitioners will continue to receive access to de-identified data of patient records.

NO REFUNDS

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

NO WARRANTIES

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEB APPLICATION. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEB APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEB APPLICATION AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEB APPLICATION. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEB APPLICATION.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB APPLICATION AT ANY TIME.

 

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB APPLICATION, WITH THE DELAY OR INABILITY TO USE THE WEB APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB APPLICATION.

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Web Application and Services provided you as a result of your subscription, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration before the American Arbitration Association to occur in Arizona. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INTERNATIONAL USERS

Notice to Residents of Countries outside the United States of America

 

General Use and Storage of Personal Information

 

MTOmics is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world, which may be outside the country in which you live. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to this Privacy Statement, regardless of where it is processed or stored.

 

MTOmics collects, uses, and transfers information from and about you to provide you with the best experiences with our products and services; to improve and secure our products and services; to respond to your inquiries and contact you regarding our products and services; to manage your relationship with us; to best serve your interests by customizing your experience and interactions with MTOmics; and for the other purposes described in this Privacy Statement.

 

We will not disclose your Personal Information to third parties except to:

 

      • Service providers who are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.

     

      • Effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property, or safety of others; investigate fraud; respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action. We may also disclose Personal Information when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate.

     

      • We encourage business partners to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control.

     

 

We may also disclose information that is anonymized and not personally identifiable. For example, we may provide our business partners, or other third parties with reports that contain aggregated and statistical data about our users.

 

Rights to Access and Control Your Personal Information for residents of the European Economic Area

 

MTOmics stores the information that we collect from and about you in the United States, which is stored and housed through use of Amazon Web Servers (“AWS”), regardless of where you reside or where the information originates. This information is accessed by MTOmics affiliates, employees, contractors, and service providers located throughout the world, only as necessary for the purposes described in this Privacy Statement and is further subject to all privacy policies and mechanisms provided by AWS. If you are in the European Union, Switzerland, or another region with laws governing data collection, transfer, and use, your data will be protected by European Commission-approved contract clauses to ensure personal data leaving the EU/EEA is processed in line with obligations under EU law.

 

The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

 

As a company that markets its Site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our Site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

 

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the following rights:

 

Any personal data that we collect is based upon your consent as detailed in this Privacy Statement. You have many choices concerning the collection, use, and sharing of your data, including the ability to:

 

      • Delete Data: You may request that we delete your Personal Information. Please note that in some cases we cannot delete your Personal Information except by also deleting your user account.

     

      • Change, Confirm, or Correct Data: You can also ask us to change, update, verify, or fix your data in certain cases, particularly if it’s inaccurate.

     

      • Object to, or Limit or Restrict, Use of Data: You may request that we do not use your Personal Information, but keep in mind that this may terminate our ability to provide any Service(s) to you.

     

      • Withdraw Consent: You may withdraw your consent provided to us to provide you with marketing or promotional materials, to collect your data, use your data, or share your data.

     

      • Right to Access and/or Take Your Data: You can ask us for a copy of your Personal Information.

     

      • Launch a Complaint: If you would like to submit a grievance regarding your data’s collection and residency, please contact our GDPR contact at [email protected].

     

To make any of these requests, please contact our GDPR contact at [email protected]. Your email message must include (i) your identifying information (including your IP address, if applicable), (ii) your contact information, and (iii) information about the specific changes, deletions, or other action(s) you are requesting. We require this information so we can determine which information in our control is your Personal Information and complete the actions you requested. We may not accommodate a request to delete or change information if we believe the deletion would violate any law or legal requirement.

 

If we make subsequent material changes to how we treat our users’ information, we will notify you by email to the email address specified in your account and/or through a notice on our home page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you. Your continued use of our services is considered your acceptance of these privacy terms. Please contact us at [email protected], should you have any questions regarding your privacy rights, or should you wish to revoke your previously provided consent.

 

Reliance Upon Information

 

At all times, MTOmics is entitled to rely upon the information that you provide in response to any of the questions contained in this consent form or any consent form related to your use of this platform or Site.  You agree to provide accurate and truthful responses to any questions contained herein.

 

The Web Application is controlled, operated and administered by the Company from our offices within the USA. If you access the Web Application from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Web Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Web Application or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Web Application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Web Application or the Terms of Use pursuant to the Arbitration Clause above. Use of the Web Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Web Application, Services, or entering into a subscription. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Web Application or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy, Disclaimer, and any other applicable agreement or constitutes the entire agreement between the user and the Company with respect to the Web Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Web Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Web Application is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

The Company welcomes your questions or comments regarding the Terms:

 

Metabolic Terrain Omics Inc.

717 North Union Street

Wilmington, DC 19805

 

Email Address:[email protected]