TERMS OF SERVICE
Fit DNA RX is a company that provides genetic test kits, genotyping and customized reports for personalized nutrition and fitness.
Here we provide its test kits only directly or through its affiliated healthcare professionals
By purchasing a kit through Fit DNA RX, you confirm that samples you submit to our laboratory are your own. you have followed the specimen collection instructions provided in your kit. That you will not use our website or the Service for any purpose that is unlawful, unethical or in violation of these Terms.
Fit DNA RX, whose principal place of business is at 9901 Brodie Ln., 160-158 Austin, TX 78748.
- “Service”or “Services” means Fit DNA RX products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Fit DNA RX collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by Fit DNA RX or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Fit DNA RX.
- “Self-Reported Information” is all information about yourself, including your health-related information reported by you in our health survey.
- “Web Behavior Information” is information on how you use the Fit DNA RX website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been stripped of Registration Information. Rather combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.
- Acceptance of Terms Your use of Fit DNA RX’s Services is subject to the terms of the legal agreement between you and Fit DNA RX set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a saliva sample (“Sample”) for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Fit DNA RX website, and/or c) in order to use the Services, agreeing to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Fit DNA RX for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Fit DNA RX will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Fit DNA RX Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time.
- Prerequisites When you submit your saliva sample, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Fit DNA RX, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services. Legal age for use of Fit DNA RX services is 18 years of age.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the TOS will result in an immediate termination of your access to this website.
- Description of the Services/Products The Services include access to the Fit DNA RX public website and personal genotyping services, including the collection and analysis of your sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Fit DNA RX at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Fit DNA RX is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Fit DNA RX provides may change from time to time without prior notice to you. Prices for the Services may also change without notice.Although based on scientific research, Services and results provided by Fit DNA RX in any format, (including genetic findings and probabilities) shall not be relied upon by you or any other person to diagnose, treat or prevent any disease or health condition.You should consult with a physician or other appropriate health care professional regarding the diagnosis, treatment and prevention of any disease or health condition. We do not recommend or endorse any specific tests, treatments, drugs, medical devices, procedures or other health care products that are referred to on this website. The information contained on this website is not intended to be medical advice nor should it be used as a substitute for seeking professional medical assistance. No patient/physician relationship between you and Fit DNA RX is created through your use of this website or our Services.Fit DNA RX will supply you with a DNA sample collection kit, with an address label for shipment of the kit to our lab contractor. At the lab, genomic DNA will be isolated, and a portion used for genotyping (the “Test”). The Sample will be destroyed based upon CLIA guidelines..Our process involves your ordering a health management product via the Fit DNA RX website, which will include the following:
You will receive a professional lab DNA test using an at-home DNA collection kit that utilizes cheek swabs and/or saliva samples. This sample is then mailed to our lab for processing. In addition to the at-home DNA collection kit, you will be asked to complete our online health survey
Based upon your DNA and the online health survey and the DNA test results from our chosen list of genes, our proprietary interpretation algorithms will develop a recommended solution protocol relevant to the health management program you have purchased.
These recommendations will be available online through our client portal and delivered through a customized, full-color personal report detailing your DNA test results, interpretation of those results, and tailored recommendations for the relevant health management program. You will also have access to various resources through the portal tailored to your specific genotype.
Some of these recommendations may involve vitamins and/or nutritional products. Such recommendations are provided for informational purposes only and have not been evaluated or approved by the FDA. Vitamins and nutritional supplements are not intended to diagnose, treat, cure, or prevent any disease or illness.
- Risks and Considerations Regarding Fit DNA RX Services The laboratory may not be able to process your Sample, and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your saliva does not contain a enough volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Fit DNA RX will reprocess the same Sample at no charge to you.Fit DNA RX Services are for informational and educational use only. We do not provide medical advice. The Genetic Information provided by Fit DNA RX is for informational and educational use only and our wellness solution protocols are not meant to provide any medical advice. Consult your physician if you have any medical concerns.Not all jurisdictions require our Services to be subject to licensure. Therefore, we are not licensed by all state and federal authorities for genetic testing conducted for health wellness purposes. In addition, there are certain jurisdictions in which we do not offer our Services because we do not have required licenses.Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website or on any related website is inaccurate at any time without prior notice.
- User Representations By accessing Fit DNA RX Services, you agree to, acknowledge, and represent as follows:
- give permission to Fit DNA RX, its contractors, successors and assigners to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Fit DNA RX to disclose the results of analyses performed on your DNA to you.
- represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
- guaranteeing that any sample you provide is your saliva;
- warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- Waiver of Property Rights: You understand that by providing any Sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any intellectual property, research or commercial products that may be developed by Fit DNA RX or its collaborating partners or contractors. You specifically understand and acknowledge that you will not receive compensation for any research or commercial products that include or result from your Sample, Genetic Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, Fit DNA RX 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) to you and you will defend and indemnify Fit DNA RX and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- Account Creation, Customer Account, Password, and Security Obligations In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the website for the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Fit DNA RX has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Fit DNA RX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Fit DNA RX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In addition to other prohibitions as set forth in the Terms of Service, you agree that you are prohibited from using our site or our Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Indemnity You agree to defend and hold Fit DNA RX, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your submission, posting or transmission of information about the Service; your use of the Service; connection to the Service; violation of the TOS; or your violation of any rights of another person or entity.
- Hyperlinks and the Fit DNA RX Website The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Fit DNA RX has no control over such sites and resources, you acknowledge and agree that Fit DNA RX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fit DNA RX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
- Fit DNA RX‘s Proprietary Rights You acknowledge and agree that Fit DNA RX (or Fit DNA RX’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any Sample, intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Fit DNA RX and that you shall not disclose such information without Fit DNA RX’s prior written consent.
Fit DNA RX LLC, Fit DNA RX, and other Fit DNA RX logos and product and service names are trademarks of Fit DNA RX and these marks together with any other Fit DNA RX trade names, service marks, logos, domain names, and other distinctive brand features are the "Fit DNA RX Brand". You agree not to display, or use in any manner, Fit DNA RX Brand.
- Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIT DNA RX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) FIT DNA RX MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIT DNA RX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) FIT DNA RX DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, FIT DNA RX SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE, TRANSMISSION TO THIRD PARTIES OR PARTICIPATION IN THE SERVICES.
- Limitation of Liability WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIT DNA RX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIT DNA RX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICES.
- Refund Policy You can view our refund policy in its entirety here. Fit DNA RX Refund Policy
- Changes to the Terms of Service Fit DNA RX may make changes to the TOS from time to time by posting updates to this website. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Fit DNA RX will treat your use as acceptance of the updated TOS.
- Agreement These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Fit DNA RX, enforceable against you in accordance with their terms. You represent that you are at least 18 years of age, of legal age to form a binding contract, and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.These Terms of Service were last updated on March 10th, 2019.