Welcome to Keyspan, a dietary supplement subscription program provided by Keyspan, Inc. (“Keyspan”, “we”, “us”, “our”), that utilizes nutrition-related blood test results provided by third-party laboratories, as well as other information and data such as medical journals and scientific publications to personalize and deliver dietary and lifestyle goals, supplements, nutrition recommendations, and other nutrition-related products and services that are tailored to your personal wellbeing, needs, and goals.

Our services include a personalized supplements service and personal testing services, including the collection and analysis of blood samples, access to the Keyspan website at http://www.getkeyspan.com (“Website”) and mobile application (the “Application”, and collectively, with the Website, and all services provided through the Website and Application, including the subscription program described above, the “Service(s)”). By using the blood sample collection kits (“Kits”), customers collect blood samples and submit them for testing and analysis in accordance with instructions. These samples are subjected to a process that generates sample data which, together with customer-provided information, are analyzed to generate your unique test results (“Biomarker Test Data”) that Keyspan uses to create personalized supplements and lifestyle recommendations via the Website, the Application, and other methods.

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use (the “Terms”) govern the use of our services by you (hereinafter referred to as "you", "your", "client", or "End User"). Your right to browse or become a registered user of our website or application, or otherwise avail yourself of our services, is contingent upon your adherence to this Agreement. By using our Services, you confirm, concur, attest, and affirm that you possess the legal right, authority, and ability to abide by this Agreement. The Services are not accessible to individuals under the age of 18. If you find yourself in disagreement with any part of this Agreement, you are prohibited from accessing or using our Services.

BE SURE TO THOROUGHLY REVIEW THIS AGREEMENT. WHEN YOU ENGAGE WITH OR MAKE USE OF THE SERVICE, YOU AGREE, DECLARE, AND CERTIFY THAT YOU ARE SUBJECT TO THE STIPULATIONS OF THIS AGREEMENT AND ALL RELATED TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES, INCLUDING, BUT NOT LIMITED TO, THE DISPUTE RESOLUTION TERMS STIPULATED BELOW AND IN ANY OTHER OF OUR POLICIES. IF YOU DO NOT ACCEPT THESE STIPULATIONS IN THEIR ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING AND AGREE NOT TO USE THE SERVICES.

By subscribing to, accessing any content provided through our Services, or indicating your acceptance or agreement to this Agreement—where provided with the option for any Service—you agree to be governed by this Agreement. Some aspects of our Services may be subject to additional rules, terms, conditions, or guidelines, which will be displayed on the Services relating to those features. These additional stipulations are incorporated into this Agreement by reference. The usage and accessibility of our Services, including any accounts that you may establish in association with the Service, are dependent on your compliance with this Agreement. Should Keyspan unilaterally decide that you have breached any terms of this Agreement, it reserves the right to immediately and without further notice, revoke your access to the Services or any portion thereof, and any affiliated account(s), with or without reason.

2. PRIVACY POLICY

These Terms include our Privacy Policy (“Privacy Policy”), which is incorporated into these Terms by reference and can be found here[]. You are required to review and understand the Privacy Policy that describes in detail how Keyspan collects, uses, stores, maintains, processes, discloses, and protects personal information when using our Services.

3. USE OF THE SERVICE

3.1 Ownership

The Application, the Website, the Services and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software contained in or comprising of the Services, except for Your Content as defined below (collectively, the “Materials”), is the property of Keyspan or our licensors and contractors and are protected by U.S. and international copyright, trademark, trade secrets, patent, and other intellectual property laws throughout the world. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services, Materials, or Software or content shall be owned solely and exclusively by us or our licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or content therein.

3.2 Software and Mobile Applications

Your rights in and to the use of any software including any mobile applications (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software or any form of the Software unless otherwise specifically agreed to in writing by us. You agree to not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree to not access the Service by any means other than through the interface that is provided by Keyspan for use in accessing the Service. Any rights not expressly granted herein are reserved.

3.3 Limited Use

You agree that you are using the Services for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer any component of the Services or the Materials.

You agree to abide by our Terms and to not use the Services or Materials or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Keyspan grants no right, title, or interest to you or any third party in the Services or the Materials. You shall not copy, lease, sell, distribute, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, assign, sublicense, grant a security interest in, or otherwise attempt to transfer any right in of the content of the Services or Materials, unless otherwise specifically agreed in a separate agreement between you and Keyspan.

All Keyspan Materials used in the Services are not sold to you, and Keyspan and its licensors retain ownership of all copies of the Keyspan Software even after installation on your personal computers, mobile devices, tablets, and/or other applicable devices. Third party software (for example, open source software libraries), if any, included in the Keyspan Services are licensed to you either under these Terms or under the relevant third-party software licensor’s license terms as published in the appropriate “help”, “about” or “settings” section of the Software or the Website.

Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any element thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Materials (including images, text, page layout or form) of Keyspan; (c) you shall not use any metatags using Keyspan’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any software, devices or other processes to “scrape” or download data from any web pages contained on the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services, and (i) you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Services, use of the Services, or access to the Services. Any future release, update or other addition to the Services shall be subject to the Terms. Keyspan, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by Keyspan pursuant to the Terms.

3.4 Third-Party Materials

As a part of the Services, you may have access to materials that are hosted, posted, created, developed, or otherwise provided by a third party. You agree that it is impossible for Keyspan to monitor such materials and that you access these materials at your own risk.

Keyspan will utilize public resources in performance of the Services on behalf of Registered Users that request services through our Services, including medical journals, scientific publications, and other white papers and related relevant resources that may be beneficial in analysis of Biomarker Test Data.

3.5 Third Parties and Providers

Keyspan partners with many third parties in order to provide and make available to Registered Users, the Services. Such partners include: Suggestic (recipes; customer profiles including blood results and dietary profiles; health coach call notes); OK Capsule (supplement fulfillment contractor); Vital (wearables API; mobile phlebotomy subcontracted through GetLabs; lab orders (50-state physician provider network); Kits); and Neurotrack (cognition testing). You acknowledge, agree, and covenant that you have read and understand each partner and third party’s own terms of use with relation to our Services and the services you request. 

4. REGISTRATION

4.1 Registering Your Account

To access certain features of the Services, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or the Application (“Account”). In addition, you will also be prompted to affirmatively accept these Terms and the Consent Form. You must use an online source or a mobile device with access to the internet for registration.

4.2 Registration Information

In registering an account on the Website or the Application, you agree, represent, and covenant to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”); and (2) update such Registration Information from time to time using your Account as necessary to keep your Registration Information current and accurate. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or device. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (1) notify Keyspan immediately of any unauthorized use of your password or any other breach of security; and (2) exit and log out from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Keyspan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Keyspan has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree to not create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Keyspan reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Keyspan, or if you have been previously banned from any of the Services.

4.3 Your Equipment and Software

You must provide all equipment and software necessary to connect to the electronic and web-based portions of the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

5. FEES AND PURCHASE TERMS

5.1 Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide credit card payment information to a third-party payment processor (“Payment Provider”) used by Keyspan as a condition to sign up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing your credit card number and associated payment information, you authorize us to charge your Payment Provider immediately for all fees applicable to your purchase of Service and opt-in services associated with the Service if you ordered them and that no additional notice or consent is required. You agree to immediately notify Keyspan of any change in your billing address or the credit card used for payment hereunder. Keyspan reserves the right at any time to change its prices and billing methods, either immediately upon posting on Keyspan or by e-mail delivery to you.

5.2 Taxes

All fees and charges for Services, or payments for any Services, are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on Keyspan income), and any related penalties or interest payments to the relevant tax authority, and you will indemnify Keyspan for any liability or expense we may incur in connection with such Sales Taxes. For purposes of this section, “Sales Tax” as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds and is permitted to pass on to its customers.

5.3 Automatic Renewal

It is important to note that when you sign up to use the Services, your subscription will automatically renew until you cancel it. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Keyspan’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription. You may cancel at any time by notifying us in writing by sending an email to support@getkeyspan.com no later than fifteen (15) business days before your next package is shipped, and the cancellation will take effect for the subsequent month. If you cancel after your next shipment has been prepared or shipped you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. Following cancellation, you agree that you will not be eligible for any for a prorated refund for any portion of any fee already paid for the then-current subscription period and you agree to accept any personalized supplements that have been shipped or custom made for you

Upon renewal of your subscription, if Keyspan does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Keyspan may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received. Upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, YOU AGREE THAT ALL SALES AND CHARGES ARE FINAL AND NON-REFUNDABLE. YOU AGREE THAT NO RETURNS OR REFUNDS WILL BE GRANTED FOR SUBSCRIPTION SERVICES.

5.4 Third Party Payment Provider

Keyspan uses third party payment service providers for payment services (e.g., card acceptance, merchant settlement, and related services). By making a purchase on the Keyspan Website, you agree to be bound by the applicable privacy policy of Keyspan’s third party payment service provider and hereby consent and authorize Keyspan to share any information and payment instructions you provide with such third party payment service provider to the minimum extent required to complete your transactions.

5.5 Terms of Sale

All services to you offered through the Services by Keyspan and its affiliates are subject to availability and quantity limits on any request. We and our affiliates reserve the right to reject all or any part of a request without prior notice. In the event of an error, we reserve the right to correct the error and revise your request accordingly (which includes charging the correct price) or to cancel the request and refund any amount charged. Prices for services and products through the Services are subject to change at any time without notice to you. 

6. SAMPLE COLLECTION AND BIOMARKER TEST DATA

6.1 Informed Consent

Keyspan uses Vital and LabCorp (“Laboratory”) as its third party service provider for the provision of Kits, the processing of samples, and the generation of Biomarker Test Data hereunder. Keyspan requires your Informed Consent for access and use of sample and personal information by Keyspan and Laboratory, which you are required to accept at Registration for using the Services that require use of Kits, collection and return of samples for testing and analysis, and receipt of Biomarker Test Data. Keyspan and Laboratory’s Informed Consent agreement can be found here.[] By purchasing or requesting a test, Kit and/or providing a sample, you agree and covenant that you have read and agree to Keyspan and Laboratory’s Informed Consent agreement and hereby consent and authorize Keyspan and Laboratory to process your sample(s) and to generate Biomarker Test Data for the purposes set forth in this Agreement and to provide the Services.

6.2 sample Collection and Return Instructions

Irrespective of the Service you purchased, subscribed to, or consented to use, the Kits will include detailed instructions on sample taking and how to use the Kit properly, Kit registration details, and how to return your samples. The Informed Consent agreement, sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You are expected to read and understand the terms of these instructions, policies and guidelines. You agree to collect your samples and return the samples to Keyspan according to the instructions provided with the Kits within the designated timelines specified in the instructions, for testing and analysis. You may collect all samples at home. You agree to read all the instructions carefully, use Kits according to the accompanying instructions for each Kit, and to follow good hygiene practices when collecting samples.

6.3 No sample Returns

Samples are processed by Keyspan and Laboratory in an irreversible manner and the samples cannot be returned to you once submitted for testing. Further, no refunds will be given for any Kits when the samples have been sent to Keyspan or Laboratory for processing.

6.4 Test Information

Keyspan will provide you with Biomarker Test Data, and personalized recommendations on diet, lifestyle, and supplements derived from application of Keyspan proprietary technology and methodologies in the analysis of your Biomarker Test Data and other information such as self-reported information you provided, medical journals, and scientific publications. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all. In addition, based on your most current and qualified Biomarker Test Data, if you have subscribed to our Subscription Service, we will ship Keyspan supplements to you.

7. RESPONSIBILITY FOR SAMPLES AND OTHER CONTENT

7.1 Your Responsibility

Keyspan will not, at all times, control any content posted by users and, including Your content (as defined below) posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Keyspan be liable in any way for any non-Keyspan content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services. You acknowledge that Keyspan and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Keyspan and its designees shall have the right to remove any content that violates the Terms or is deemed by Keyspan, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

7.2 Storage

Unless expressly agreed to by Keyspan in writing elsewhere, Keyspan has no obligation to store any content, including Your Content, that you make available in and through the Services. Keyspan has no responsibility or liability for the deletion, accuracy, or inaccuracy of any content, including Your Content; the failure to store, transmit or receive transmission of Your Content; or the security, privacy, storage, or transmission of Your Content. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Keyspan retains the right to create reasonable limits on Keyspan’s use and storage of the content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Keyspan in its sole discretion.

8. MODIFICATIONS TO SERVICE

Keyspan reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Services. The Software and Application that you use may from time to time automatically download and install updates from Keyspan to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, features, new modules, or completely new versions. You agree to receive such updates and permit Keyspan to deliver these to you as part of your use of the Services. Certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in shipping Kits, the processing, testing, and analysis of the samples you have returned, and the creation and delivery of Biomarker Test Data. Keyspan may or may not provide you with specific notices applicable to these delays. While Keyspan endeavors to take commercially reasonable steps to minimize such delays, Keyspan shall not be liable to you or to any third party for any such delays associated with the Services. Sometimes, Keyspan may not be able to process a sample or its or its third party testing providers testing process may result in errors due to several reasons which may include but not limited to samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your sample. On such occasions, Keyspan will notify you of the Sample Failure and details applicable to processing a new sample in place of the failed sample.

9. STATEMENTS AND CLAIMS

Any statements or claims that appear on the supplements packaging, subscription service descriptions, Keyspan website, Services, Materials or in documentation relevant to supplements or other services have not been evaluated by the food and drug administration. The supplements or the Kits are not intended to diagnose, treat, cure, or prevent any disease.

10. DATA AND OWNERSHIP

10.1 Ownership of Keyspan Services

Keyspan and its licensors and suppliers retain all right, title and interest in and to all (a) patents, utility models, copyrights, database rights and rights in trademarks, trade names, designs, knowhow, and invention disclosures (whether registered or unregistered); (b) applications, reissues, confirmations, renewals, extensions, divisions or continuations for any of these rights; and (c) all other intellectual property rights and similar forms of worldwide protection (“Intellectual Property Rights”) in and to the Service and De-Identified Data (defined below), and all other materials provided or made available to you in connection with the Services, and any and all modifications, updates, and enhancements to the foregoing items. Keyspan shall be entitled to unrestricted use of any and all communications, comments, questions, suggestions, or related materials provided by you to us, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Services including, without limitation, new features or functionality relating thereto (collectively, “Feedback”). All such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights and other proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever. Neither these Terms (nor your access to the Website or the Application) transfers to you or any third party any rights, title or interest in or to such Intellectual Property Rights, except for the limited access rights expressly set forth in Section Keyspan and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Except with respect to Your Content (defined below), you agree that you have no right or title in or to any Content that appears on or in Keyspan.

10.2 Your Data

You are required to review, understand, and agree to Keyspan Privacy Policy that describes in detail on how Keyspan and Laboratory collect, use, store, maintain, process, disclose, and protect your information when using our Service. Personal Information, PII, Personal Data, PHI, Self-Reported Information and Sensitive Information (each defined in the Keyspan Privacy Policy) are collectively referred to herein as “Your Data”. As between the parties, Your Data does and will continue to belong to you in all cases to the extent it is identified or identifiable with you as an individual. You hereby grant Keyspan a non-exclusive, sublicensable, transferable, worldwide, royalty-free and fully paid license to use and transfer Your Data to Keyspan’s third party testing providers as necessary for purposes of providing and enabling the operation of the Services. You will obtain all third-party licenses, consents and permissions needed for Keyspan to use Your Data to provide the Services. You acknowledges that you bear sole responsibility for adequate security, protection and backup of Your Data on your equipment

10.3 Your Content

Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“Your Content”) that you have made available to Keyspan and other users of the Service. You are solely responsible for all Your Content that you choose to post or otherwise transmit to or through the Service.

Keyspan does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

You are responsible for Your Content that you post on, transmit through or download from the Website, Applications and Services. Your Content does not include “Protected Health Information,” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), that you may provide or submit to us when requesting services or using the Services. The services you request through our Services do not qualify as a “standard transaction” as defined under HIPAA. You may not post Your Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site. We may remove any Your Content that violates the Terms or that we determine is otherwise not appropriate for the Website and Application in our sole discretion.

10.5 License to Your Content

Subject to any applicable account settings that you select, you grant Keyspan a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Keyspan to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Keyspan, are responsible for all of Your Content that you make available on or in Keyspan.

11. USER REPRESENTATIONS

By accessing or using the Website, Application, and/or the Services, you agree to, acknowledge, and represent as follows:

• That you acknowledge and agree that Keyspan is not a health care provider and that we are not providing you with health care services or items of any type or kind, whatsoever. You agree that your use of the Services, Materials, and Software is for the purpose of obtaining information or health care services from third parties and not for obtaining health care services from us. You acknowledge and agree that we are only providing you with access to information you request as outlined by the Terms. You warrant and covenant that we are a separate entity from any health care providers from which you may request health care services. You acknowledge and covenant not to bring any claim against us with respect to health care items or services, whatsoever.
• That Keyspan does not provide medical advice. You understand that the Biomarker Test Data, supplements, insights, recommendations, and information you received or learned from using the Service are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis or information.
• That while the Services might point to a possible diagnosis or treatment, the information you receive through the Services should always be confirmed and supplemented by additional medical and clinical testing as recommended by your health care providers. You acknowledge that Keyspan urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from any information you obtain through the Services.
• That the information available through the Services is for informational and educational purposes only. We are not responsible for the accuracy or completeness of information available from or through the Services. You assume full risk and responsibility for the use of information you obtain from or through the Services, and neither we nor our licensors or contractors are responsible or liable for any claim, loss, or liability arising from use of the information. We do not recommend or endorse any provider of healthcare or healthcare products, items or services, and the appearance of materials in the Services relating to any such products, items or services is not an endorsement or recommendation of them. You will review the functionality and limitations of the Services to make an independent determination of their suitability for your use.
• You give Keyspan, its third party testing service providers, its contractors, successors, and assigns, the right to perform blood analysis services on the sample you provide and to disclose the Biomarker Test Data derived from your sample to you through your Account and to others authorized by you, including in accordance with our Privacy Policy and the Keyspan and Laboratory Informed Consent agreements. You acknowledge and agree that your blood samples will be tested for blood markers reflecting or relating to your health, fitness, disease state, and/or nutritional intake.
• That you are eighteen (18) years of age or older.
• That any sample you provide is your own blood sample. You agree that you will not send us your sample if you know, should know, or have a reason to believe you have an active infectious or communicable disease.
• That if you are a customer outside the United States providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
• That any sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
• That you take responsibility for all possible consequences resulting from your sharing with others access to your Biomarker Test Data.
• That except when the law requires, Keyspan has no responsibility or liability for the deletion of, erasure, or failure to store any information, communications, resulting data, or content stored or transmitted by the Services.
• That Keyspan has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events.
• That by providing any sample, having such sample processed, and/or accessing your Biomarker Test Data, you acquire no right or commercial interest in any research or commercial products that may be developed by Keyspan or its collaborating partners.
• That you will not receive compensation for, acquire no rights or title to any research or commercial products that include or result from your sample or any other information you provide to Keyspan to or through the Services, and you agree to waive any and all rights or claims to them.
• That you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.

In case of breach of any of these representations, Keyspan has the right to suspend or terminate your Account and refuse any and all current or future use of the Services, or any portion thereof, and you will indemnify, without limit, the Keyspan Parties against any liability, costs, or damages arising out of the breach of the representations.

12. REMEDIES

You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

13. DISCLAIMER OF WARRANTIES AND CONDITIONS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEYSPAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. KEYSPAN DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, INTERPRETABLE OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, KEYSPAN MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SUBSCRIPTION SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. KEYSPAN IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE KEYSPAN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, KEYSPAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE KEYSPAN SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. KEYSPAN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KEYSPAN OR THROUGH THE KEYSPAN SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. MEDICAL DISCLAIMERS

THE WEBSITE, APPLICATION, AND SERVICES DO NOT PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ASSURE THAT INFORMATION ON THE WEBSITE AND APPLICATION AND OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCURATE AND CURRENT, KNOWLEDGE IN THESE FIELDS IS GROWING RAPIDLY AND ALL DATA IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER FOR SPECIFIC ADVICE RELATING TO ANY MEDICAL QUESTIONS OR CONDITIONS. NONE OF THE INFORMATION, STATEMENTS AND/OR LINKS CONTAINED ON THE WEBSITE OR APPLICATION ARE INTENDED TO REPLACE THE ATTENTION OR MEDICAL INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL. ONLY YOUR PRACTITIONER CAN COMPLETELY AND APPROPRIATELY ASSESS YOUR SITUATION AND MAKE CONCLUSIVE DECISIONS REGARDING YOUR CARE. NOTHING ON THE WEBSITE OR APPLICATION IS MEANT TO IMPLY A PERSON SHOULD TAKE ACTIONS TOWARD MEDICAL TREATMENT WITHOUT THE CONSENT AND/OR SUPERVISION OF A DOCTOR OR SPECIALIST. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF A USER’S PERSONAL PHYSICIAN SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS OR CONCERNS, PLEASE CALL OR SEE YOUR PHYSICIAN WITHOUT DELAY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER BEFORE ALTERING CURRENT CARE OR EMBARKING ON A NEW TREATMENT, SUPPLEMENT REGIME, DRUG OR DIET. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR APPLICATION. THE INFORMATION ON THE WEBSITE IS OBTAINED THROUGH MANY DIFFERENT SOURCES AND THE ACCURACY SHOULD BE CONFIRMED PRIOR TO USE.

THE RISKS OF BLOOD DRAW INCLUDE, FAINTING, INFECTION, DISCOMFORT, BLEEDING FOLLOWING APPLICATION OF THE SAMPLING DEVICE AND EXPOSURE TO CHEMICALS LEACHING IN FROM THE DEVICE. YOU MAY BE AT RISK FOR EXPERIENCING ANY OF THE FOREGOING SIDE EFFECTS. KEYSPAN MAY RECOMMEND THAT YOU HAVE A FOLLOW-UP VISIT WITH YOUR PHYSICAL OR QUALIFIED HEALTH CARE PROVIDER AFTER REVIEWING THE RESULTS OF YOUR BLOOD SAMPLE. AS A RESULT, YOU MAY LEARN ABOUT HEALTH CONDITIONS AND PROBLEMS OR POTENTIAL HEALTH RISKS THAT YOU WERE NOT AWARE OF BEFORE YOUR PARTICIPATION IN THE SERVICES. YOU MAY EXPERIENCE STRESS, ANXIETY, OR EMOTIONAL OR PHYSICAL DISCOMFORT WHEN YOU LEARN ABOUT HEALTH PROBLEMS OR POTENTIAL HEALTH PROBLEMS. IN ADDITION, YOU COULD HAVE A DISEASE OR CONDITION EVEN THOUGH YOUR TESTS ARE IN THE NORMAL RANGE. RESULTS OUTSIDE THE NORMAL RANGE, HOWEVER, COULD LEAD TO ADDITIONAL COSTS OR DISCOMFORT IF YOUR PHYSICIAN ORDERS FOLLOW-UP TESTS. DISCLOSURE OF CERTAIN INFORMATION COLLECTED THROUGH THE QUESTIONS THAT ARE PART OF THE REGISTRATION PROCESS MAY MAKE YOU FEEL UNCOMFORTABLE. THERE MAY BE ADDITIONAL RISKS TO PARTICIPATING IN THE SERVICES THAT ARE CURRENTLY UNFORESEEABLE. DIETARY SUPPLEMENTS OR RECOMMENDATIONS PROVIDED TO YOU MAY OR MAY NOT BE BENEFICIAL TO YOU AND MAY CAUSE OR EXACERBATE CERTAIN MEDICAL PROBLEMS. YOU TAKE THESE DIETARY SUPPLEMENTS OR FOLLOW ANY RECOMMENDATIONS AT YOUR OWN RISK. IF AT ANY TIME YOU FEEL UNWELL OR ILL, YOU SHOULD SEEK MEDICAL HELP IMMEDIATELY AND DISCONTINUE USE OF ANY NUTRITIONAL SUPPLEMENTS WE HAVE PROVIDED TO YOU.

14.1 No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT KEYSPAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KEYSPAN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

14.2 No Liability for Conduct of Other Users

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE KEYSPAN SERVICES. YOU UNDERSTAND THAT KEYSPAN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES

14.3 Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT KEYSPAN, KEYSPAN PARTIES, OR ANY OF KEYSPAN’S CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, SHALL BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT KEYSPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A KEYSPAN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A KEYSPAN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A KEYSPAN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.