Function Health

Terms of Service

TERMS OF SERVICE
(Effective: August 20, 2022)

 

Welcome to Function Health. It’s time to own your health.

 

As you may know, Function helps facilitate access to laboratory testing, including blood testing which evaluates hundreds of biomarkers; our HIPAA-compliant service then provides access to those results in a convenient, meaningful, robust, and easy-to-understand format that combines them with targeted insights from top doctors. Function's mission is to empower you to live 100 healthy years, starting with understanding your health.

 

These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available there through. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at legal@functionhealth.com with any questions or concerns before proceeding any further with our Services orProducts.

The Terms incorporate Function’s Privacy Policy by reference in its entirety – as though herein completed stated – and all references to these Terms shall refer, without limitation, to our PrivacyPolicy, as above-linked.  Please accordingly review our Privacy Policy very carefully.

 

AN IMPORTANT NOTE:THESE TERMS AND CONDITIONS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS.  EXCEPT AS HEREIN PROVIDED, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY WAIVE YOUR RIGHTS TO: (A) SEEK RELIEF IN ACOURT OF LAW; (B) HAVE DISPUTES DECIDED BY JUDGE OR JURY; AND (C) PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST FUNCTION. PLEASE REVIEW SECTION 16 FOR MORE DETAILS.

 

The Terms constitute a legally-binding contract between you and Function that governs your access to and use of our services and products, including but not limited to: (a) your use of the website functionhealth.com (the “Site”)and its features; and (b) any purchases and/or uses of ourServices.  BY ACCESSING AND/OR MAKING USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION VIAONE OR MORE OF OUR WEBSITES, ADVERTISEMENTS, AND/OR APPLICATIONS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Our Services are only available to persons eighteen (18) years of age or older.  You must close your browser, and you may not access or use our Services or Products if you are under the age of eighteen (18). At this time, Function does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).

 

 

1.    Definitions

 

a.     “Function,” “Function Health,” the “Company,” “us,” “our,” and “we,” all refer toFunction Health, Inc., a Delaware corporation.

 

b.     “You”, “you,” your”, and “yourself,”and “User”refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services(defined below).

 

c.     “Party” means each of you and Function. Collectively, you and Function are the “Parties.”

 

d.     “Affiliates” refer to an entity’s executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively.  An “Affiliate”refers to any one of the foregoing.

 

e.     “Claims” refer to claims, disputes, controversies, matters, and causes of action, collectively.  A “Claim”refers to any one of the foregoing.

 

f.      “Losses” refers toliabilities, harms, losses, debts, damages, awards, expenses, fees, costs,penalties and fines, collectively.  A “Loss” refers to any one of theforegoing.

 

g.     “Sample(s)” referto any and all blood samples provided by Function’s members to independentthird-party laboratories for reporting in connection with Function’sServices.  

 

h.     “Lab Results” referto the results of any and all Sample analyses; however, Lab Results do notinclude the formatting of your Lab Results, the graphic representation of yourLab Results, or any other FH Content accompanying your or otherwise furnishedin connection with your Lab Results obtained from independent third-partylaboratories. 

 

i.      “Product(s)” referto any and all products offered for sale and/or use in connection with ourServices. 

 

j.      “Services” refer to anyand all services arising out of and/or relating to Function.  Our Servicesincludes, without limitation: (a) facilitating convenient access to third-partylaboratory services for the purposes of collecting Samples, (b) providing convenientaccess to Lab Results in conjunction with those Samples and furnishing adetailed yet comprehensible and consumer-friendly report relating thereto, (c)facilitating opportunities to connect with third-party medical professionalsregarding ordering of tests and related Lab Results, and (d) providinginformational content relating to health, wellness, fitness, diet, andlifestyle, including but not limited to in connection with a set of parametersin Lab Results. Our Services further include, without limitation, our softwareapplications, text and SMS messages, websites, emails, social media accounts,and the creation, publication, exhibition, and distribution of FH Content.NEITHER FUNCTION NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OROPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOTESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH FUNCTION OR OUR AFFILIATES.   

 

k.    “FH Content” refersto any and all data, information, content, material, and other intellectualproperty available through our Services in various formats – including but notlimited to as code, data, text, images, multimedia content, designs, graphics,illustrations, photographs, banners, messages, videos, visual interfaces,features, functionalities, software applications and, but specificallyexcluding Personal Information and User Content.

 

l.      “User Content” refersto any text, photos, graphics, images, video, audio, multimedia, and othermaterials you create, modify, post, provide, upload, send, and/or share inconnection with our Services.  User Content specifically does not includeany user passwords, contact information, Personal Information, or “protectedhealth information” or “medical information” that is protected under the HealthInsurance Portability and Accountability Act of 1996 or other applicable law–those items are subject to their own rules, as explained in our Privacy Policy– in public-facing text, photo(s), graphics, image(s)...and/or other materials.

 

m.   “Payment Information” refersto your financially-sensitive information that enables a purchase, such ascredit/debit card numbers, CVCs, expiration dates, and PINs.

 

n.     “Payment Method,” refersto a valid, current, accepted means of remitting payment for Services, aspermitted by Function – typically by submitting valid, current, acceptedPayment Information.

 

o.     “Personal Information”refers to the same term defined in our Privacy Policy, including informationrelating to an individual’s health background (e.g. medical history and related data,blood type, current health conditions/symptoms), Sample, and/or Lab Results (tothe extent it is not considered “protected health information” or “medicalinformation” that is protected under the Health Insurance Portability andAccountability Act of 1996 or other applicable law, as more specificallydescribed in our Privacy Policy). “Personal Information” may also includecertain Payment Information. 

 

 

2.    Function Does Not Provide Any MedicalServices.  

 

In order to use of our Services, you mustacknowledge and agree to the following:

 

a.     FUNCTION DOES NOT OFFER YOU MEDICALADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION,THROUGH OUR SERVICES OR OTHERWISE. All material,information, data, and content that Function provides through our Services isstrictly for general information purposes. 

 

b.     OUR SERVICES ARE NOT A SUBSTITUTE FORQUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSIONWITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Function strongly recommends thatyou seek the advice of your own qualified healthcare professional to assist youin making decisions regarding any diagnosis, treatment, course, and/or care –including without limitation in relation to any data and/or information weprovide – and you agree to follow this recommendation. You covenant that youwill not delay in seeking care or otherwise ignore the advice or direction of aqualified medical professional based on your use of our Services.  If you are concerned that you may beexperiencing a medical emergency, please dial 9-1-1 immediately.  Youunderstand and agree that accessing Function Content, Services, and Productsdoes not create a patient relationship with any medical provider orlaboratory.  A patient relationship with a medical provider or laboratoryis only established when you have actually been treated by a medical provideror laboratory. In addition, you acknowledge and agree that you have selectedeach medical provider or laboratory and elected to receive services from themedical provider or laboratory and that no third-party, including Function, hasreferred, suggested or recommended the medical providers or laboratories toyou.  

 

c.     To the fullest extent permitted by applicablelaw, you agree that you use our Services and rely on the materials, data,content, and information you receive in connection our Services – includingwithout limitation the FH Content – at your own risk.  To the fullest extent permitted by applicable law, Functiondisclaims all liability and responsibility arising out of and/or relating toany reliance placed by you and/or any other person on our Services and/or anydata and/or information you receive in connection with our Services, includingwithout limitation as relating to data and information relating to Lab Resultsand/or FH Content.   

 

3.    Please Exercise Caution Regarding OurServices & Your Lab Results.

 

a.     Functionsincerely hopes to provide you access to the Lab Results you most wish toreceive.  Nonetheless, you acknowledge that your Lab Results might not beas hoped or expected, and may even contain distressing and/or life-alteringinformation. While it is not unusual to feel a little bit anxious about pendingLab Results, you also acknowledge that you should consult a qualifiedhealthcare professional if such anxiety interferes with your daily life.

 

b.     You acknowledgethat the process ofreviewing Lab Results is irreversible; once you review your LabResults, you are committing yourself to an awareness of such Lab Results. Youaccordingly acknowledge that – before using our Services – it is important toseek the advice of a qualified healthcare professional regarding whether, when,and to what extent you should make use of such Services given your medicalhistory and personal circumstances.

 

c.     Obtaining somelaboratory testing involve your provision of a blood sample.  The risksassociated with obtaining a blood sample include bruising, hematoma,lightheadedness, fainting, infection, and/or excessive bleeding, and you mayfeel slight-to-moderate physical discomfort upon being pricked with a needleand having your blood drawn.  Please make sure you consult with aqualified physician if you are at elevated risk of harm in connection with ablood draw, or if you suffer from a fear of needles or blood.

 

d.     While Functionstrives to facilitate access to complete and accurate Lab Results 100% of thetime, you acknowledgeand accept that: (a) your Sample may yield incomplete or even inaccurate LabResults; and (b) Function does not warrant the accuracy, completeness,usefulness, timeliness, or precision of any Lab Results delivered or accessedthrough our Services.  You further acknowledge and agreethat your Lab Results may yield data or information that may have a limitedsignificance presently, but may take on greater meaning as science evolves,knowledge increases, and/or future discoveries are made.

 

e.     You acknowledgethat Function recommends your careful discretion in deciding what aspects ofyour Lab Results to share, how to share them (e.g., we strongly advise against postingLab Results on social media), and with whom.   You furtheracknowledge that, to the extent you disclose your Lab Results, or any otherPersonal Information, with a healthcare provider, such data and information maybecome part of your medical records and may thereby be available to insurancecompanies and/or other healthcare providers, except as limited by applicablelaw. 

 

4.    Only Eligible Individual May Use OurServices.

 

a.     Eligibility. Byaccessing our Services, you represent that you are of sound mind and body toagree to our Terms and are in possession of the full rights and/orauthorization to: (a) consent to our Terms, (b) agree to and pay for anypurchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted toFunction and assume all responsibilities, liabilities, debts, and obligationsherein required of you, and (d) submit any Personal Information and otherdata and information provided in connection with our Services, whether for yourown benefit or the benefit of a third party.  You must be eighteen (18)years of age to make use of Function’s Services.

 

b.     Non-Eligibility. Wereserve the right to terminate your use of and access to, our Services – andcancel any purchase thereunder – for any violation of our Terms or anyprovision of any other agreement between you and Function.  Furthermore,you may not use our Services if you are:

                                     i.         Currently restricted orprohibited from using our Services; 

                                   ii.         A past, present, orimminent competitor of Function and/or closely connected to one or more of ourpast, present, or imminent competitors; 

                                  iii.         Acting on behalf ofanother person or entity without that person or entity’s permission;

                                  iv.         Under a legal obligationthat restricts and/or precludes your use of our Services; and/or

                                    v.         Otherwise unwilling to fullyagree to and follow all of our Terms.

 

c.     No Guarantees re:Eligibility.  While we make every effort to keep atight-knit community based on strict eligibility criteria, we make no warrantyor representation that every user satisfies our eligibility criteria; there maybe ineligible individuals who still gain access to and/or use our Services.

d.     Immediate Termination.  Youagree to close your browser window and cease from all further use of ourServices if you are or become ineligible to use these Services.  Youfurther agree to email hello@functionhealth.com withthe subject “End Use” with details about your reason for ceasing all furtheruse.

 

e.     Additional Terms & Conditions. Youacknowledge that – in order to purchase and/or use certain Services and/orProducts –Function may require you to enter into one or more separateagreements and/or accept additional terms and conditions, which are herebyincorporated by reference, in their entirety, into these Terms.  To theextent that Function requires your consent to further terms and conditions, youwill have opportunity to review such terms and conditions before proceeding topurchase and/or use such Services and/or Products. Insofar as there is anyconflict between such terms and conditions and these Terms, the former willtake precedence, but only with respect to such conflicting terms and/orconditions.

 

5.    If Eligible, You Are Granted a LimitedLicense to Make Use of Our Services.

 

a.     As long as youremain eligible, you are granted a limited, non-exclusive, non-assignable,non-transferable, non-sublicensable, non-delegable, and fully revocable licenseto access and make use of our Services for personal, non-commercial use inaccordance with these Terms. Function reserves the right to suspend, limit, orrevoke this license, for any reason, with or without warning or notice, in oursole and absolute discretion.  

 

                                     i.         You acknowledge and agreethat this license, unto itself, does not grant you permission to use Servicesrequiring payment without first remitting payment. You accept that, in order toreceive certain Products and Services, you may be required furnish PaymentInformation and remit payment, as directed by Function.

 

                                   ii.         You are permitted todownload and/or print a reasonable volume of FH Content for your personal,non-commercial use in compliance with the Terms.  You are also permittedto download a single copy of any applications that we make available for yourdownload, provided such a download is for your personal, non-commercial use incompliance with the Terms and any additional agreements required for you todownload, access, and/or use such an application.  To the extent ourfeatures enable you to share FH Content via social media, you are permitted toshare FH Content strictly as enabled by those features. 

 

                                  iii.         You are permitted to storefiles that are automatically cached by your web browser.  You are alsopermitted to temporarily store copies of FH Content in RAM, insofar as suchstorage is incident to your access and/or use of such FH Content. 

 

b.     You are allowedto create a single account for yourself, as an individual eighteen (18) yearsof age or older, in order to make use of our Services (an “Account”).  You arealso allowed to create an Account for each adult who has given you priorexpress written authorization to agree to these Terms and operate an Account onher/his behalf. You accept that, in order to create an Account, Function mayrequire you to provide certain Personal Information and a login/password; thisincludes, without limitation furnishing a first and last name, date of birth,address, email address, race/ethnicity, height/weight, blood type, andinformation regarding your health history, your present health condition, andany symptoms. Yourepresent that you have provided and warrant that you will provide truthful,accurate, complete, up-to-date information at all times in connection with ourServices; you further covenant that you will update any information that youfurnish if, and as soon as, you learn that it is inaccurate, incomplete, and/oroutdated; this applies, without limitation, to PersonalInformation

 

c.     You acknowledgeand accept the Function will attribute all actions and usage of your Account toyou. To the fullest extent permitted by applicable law, you are solelyresponsible for the security of your password, Account information, and anyPersonal Information thereto connected; you agree to maintain all suchinformation as confidential at all times, and you agree to accept fullresponsibility for any decision to disclose and/or failure to protect your suchinformation to the fullest extent permitted by applicable law. In thisconnection, to the fullest extent permitted by applicable law, you agree (i)that you are solely responsible for any actions and omissions relating to yourAccount and/or its nexus to our Services, including as it relates to the useand/or misuse of Personal Information,  and (ii) you shall not holdFunction or its Affiliates liable for any compromise of or any unauthorizedaccess to and/or use of your Personal Information, or for otherwise relying onthe authority of anyone using your login credentials and/or otherwise accessingyour Account.  You shall immediately alert us to any breach of yourAccount.   You acknowledge and agree that you shall remainparticularly vigilant of your Account security when using a public or sharednetwork and/or computer. If you have an Account, you promise to exit from yourAccount at the end of each session using our Services.

 

d.     By entering intothese Terms, you consent to the use of unsecured email, mobile phone textmessage, or other electronic methods of communication (“E-messages”) betweenyou and Function for purposes of discussing information relevant to theServices you receive from Function. You hereby acknowledge that E-Messages aretypically not a confidential means of communication, and that there is areasonable chance that a third-party (e.g. peoplein your home or other environments who can access your phone, computer, orother devices; your employer if using your work email or network; and/or thirdparties on the Internet, such asserveradministrators and others who monitor Internet traffic) may be able tointercept and see E-Messages, including without limitation any attachmentsthereto and content therein.  You have been informed of the risks oftransmitting your Personal Information by an unsecured means, including but notlimited to the risk with respect to the confidentiality of such information.

 

e.     You may elect todeactivate your account with Function, cease using our Services, delete youraccount, and/or terminate your agreement to these Terms at any time by sendingan email to hello@functionhealth.com

 

                                     i.         You acknowledge and agreethat your decision to deactivate, cease usage, and/or terminate this Agreementdoes not automatically entitle you to a credit, rebate, refund, or discount andmay result in the removal and/or deletion of your Account, your PersonalInformation, and/or your User Content, at Function’s sole election anddiscretion.

 

                                   ii.         Termination of youragreement to these Terms shall not prejudice or affect any right of action orremedy which has accrued or will thereafter accrue to either Party with respectto a breach of any representations, warranties, covenants, and/or otherobligations hereunder. Each term and condition within these Terms that, eitherexpressly or by implication and/or nature, is reasonably intended to survivethe termination of this Agreement shall so survive – until its purpose isfulfilled or moot, or otherwise indefinitely – regardless of which Partyterminates this Agreementthisincludes, without limitation terms and conditions pertaining to (a) waiver, (b)assumption of risk, (c) limitation and/or exclusion of liability, (d)indemnification, (e) applicable representations, warranties and covenants, and(f) Function’s rights and licenses with respect to your data, information andUser Content. The Parties acknowledge and agree that, insofar as any of theTerms contain one or more provisions which are not applicable as to thisSubsection 5.d the parties acknowledge and agree that the inapplicableprovision(s) shall simply be severed from interpretation, and that the rest ofthe provisions shall survive as described in this Subsection 5.d.ii.

 

                                  iii.         As permitted by applicablelaw, Function may still retain and use your Personal Information after you havedeleted your Account.  For more information, please review our PrivacyPolicy.

 

6.    Further User Representations,Warranties, & Covenants.  

 

a.     You covenantthat you shall not sell, rent, lease, barter, recreate, reproduce, copy,modify, create derivative works from, license, sublicense, distribute, publish,republish, perform, transmit, transfer, display, distribute, exhibit, exploit,and/or make commercial use of our Services, or any aspect thereof (includingwithout limitation the FH Content), without the prior express written consentof Function and/or our applicable third party licensor and/or provider; youacknowledge that you are strictly forbidden from doing any of the foregoing andrepresent that you have not done any of the foregoing up to this point intime.  

 

b.     You covenantthat you shall not directly or indirectly resell or export any aspect of ourServices or any of our Products – including without limitation our facilitationof access to third-party laboratory and telemedicine services, any Lab Results,and any personalized materials, and any FH Content resulting therefrom and/orrelating thereto – and you represent that you have not done any of theforegoing up to this point in time.

 

c.     You representand warrant that you are neither an employer seeking information regarding anemployee, nor a person acting on behalf and/or in furtherance of insurancecompany seeking information about a prospective or actual customer.

 

d.     You representthat you have not violated and covenant that you shall not violate any exportcontrol laws or other restrictions on shipping to foreign countries in thecourse of purchasing and/or making use of Services and/or Products. 

 

7.    You Must Be Reasonable and Fair inAccessing and Using Our Services.

 

a.     Function’s rulesfor access and use of our Services should be easy to follow.  Nonetheless,here are a few key points to help you along the path:

                                     i.         Treat Function, ourAffiliates, affiliated service providers, and our community members kindly andrespectfully.  

                                   ii.         All info you provide mustbe complete, truthful, and up-to-date. 

                                  iii.         Do not attempt to disruptour tech or misappropriate our I.P.

                                  iv.         Follow the law at all timesin connection with our Services and Products.

b.    You hereby representthat you have not used and warrant that you shall not use our Services todirectly or indirectly attempt, engage in, aid, abet, support, incite,encourage, perpetrate, and/or otherwise assist any of the following:

 

                                     i.         a violation of a local,state, federal, and/or international law, rule, or regulation;

                                   ii.         a violation of municipal,administrative and/or professional rules, standards, guidelines, orrequirements; 

                                 iii.         fraud, misrepresentation,impersonation, or identity theft;

                                 iv.         the exploitation or harm ofa minor, disclosure of a minor’s information, or violation of a minor’sprivacy;

                                   v.         the deliberate submission offalse, misleading, invalid, outdated, or inaccurate Personal Information;

                                 vi.         an illegal and/or deceptivebusiness practice;

                                vii.         a violation of our rights,the rights of our Affiliates, or the rights of any of our licensors, serviceproviders, or any of their respective Affiliates;

                              viii.         a violation, infringement,or misappropriation of third-party rights, including without limitationinfringements of third-party intellectual property rights and violations ofthird-party rights to privacy; 

                                  ix.         the unauthorized use ordisclosure of a third-party’s Personal Information;

                                   x.         harassment, trolling,intimidation, stalking, hate speech, bigotry, racism, prejudice, threats ofviolence, and/or any other abusive conduct;

                                  xi.         obscene, lewd, sexuallyexplicit, and/or pornographic content;

                                xii.         slander, defamation, libelor disparagement;

                              xiii.         an effort to offer orrender professional advice (e.g., medical,financial);

                              xiv.         any implication of anaffiliation with or endorsement by Function; and/or

                                xv.         an effort to disrupt orinterfere with our Services and/or business operations.

 

c.     You promisethat, in the course of using our Services, you shall not introduce and/orcirculate malicious content, code, files, or programs, or otherwise engage inmalicious conduct.  Among other things, you acknowledge and agree that youare not permitted to engage in phishing, harvesting, spamming, or theintroduction or circulation of viruses, spyware, worms, Trojan Horses, Eastereggs, keystroke loggers, time bombs, or logic bombs.  Furthermore, inconnection with our Services, you shall not engage in deceptive businesspractices, pursue unsolicited and/or unauthorized marketing or advertising,circulate a chain letter or junk mail, or facilitate or participate in apyramid scheme, or undertake any other form of solicitation that adverselyimpacts one or more other user’s ability to use and/or enjoy ourServices. 

 

d.    You shall not makeefforts to impair, disrupt, overburden, damage, or interfere with the properworking order of any technologies, systems, or operations, belonging toFunction, our Affiliates, our licensors, and/or any of our third-partyproviders.  Under no circumstances shall you make efforts to modify oralter any aspect of our Services or the services of our Affiliates, licensors,and/or third-party providers. This paragraph includes but is not limited to arestriction on manipulation and/or interference with our websites,applications, scheduling systems and services, messaging systems and services,storefront technologies systems, and recordkeeping systems, as well asthird-party blood draw services, third-party telemedicine service, and otherthird-party services arising out of and/or relating to our Services. You shallnot attack our Services in any fashion, online or in person, including withoutlimitation by a denial-of-services or distributed denial-of-services attack.

 

e.     Under nocircumstances shall you make efforts to decompile, disassemble, reverseengineer, translate, render generically, modify, mimic, duplicate, or otherwisederive any aspect, feature, function, or detail concerning or relating to ourServices, except to the extent that such a restriction is expressly forbiddenby law; this clause includes, but is not limited to the modification,mimicking, duplication and/or rebranding any FH Content and/or any technologyrelating to our Services, as well as the display of FH Content separate fromaccompanying text or otherwise out of full context.  You are not permittedto use the FH Content to develop any functions, programs, applications,technologies, or services that leverage the Services.

 

f.      You shallnot make efforts to index, copy, extract, download, or otherwise copy orretrieve any of aspect of our Services, including without limitation the FHContent; this includes, without limitation, a prohibition on use of a spider,data miner, crawler, robot, or similar tool.  You are not permitted tolink or deep-link to our Site or any of our other Services.  You may notutilize framing or mirroring techniques to enclose any item of FH Content(e.g., logo, name, text, images), and you are forbidden from using "hiddentext" that references the FH Content without the prior express writtenconsent of Function and/or our third-party licensor(s). You may not and shallnot: (i) delete, alter, or remove any copyright designations or notices,trademark designations or notices, or other proprietary designations ornotices; or (ii) circumvent any digital rights management systems in connectionwith our Services; (ii) disable, disarm, bypass, or hack around any of oursecurity systems.  Notwithstanding the foregoing, operators of pubicsearch engines are granted a limited, revocable, non-sublicensable right to usespiders and provide links in connection with the FH Content strictly to assistin the legitimate development of a public index that reflects content andinformation appearing in publicly-facing areas of our Site.  

 

g.     During thecourse of using our Services, you shall not sell, rent, lease, barter, recreateor reproduce, copy, create derivative works from, license, sublicense,distribute, publish, perform, transmit, transfer, display, distribute, exhibit,exploit, or otherwise make commercial use of any aspect of our Services,including without limitation any item or aspect of FH Content, without theprior express written consent of Function and/or our applicable third-partylicensor.

 

h.     You and youalone are responsible for your User Content.  Any User Content that youprovide to us is at your own risk of Losses. Function shall not be responsible orliable for any Losses arising out of and/or relating to your User Content.

8.    Function Holds and Reserves NumerousRights.

 

a.     At any time, forany reason, with or without notice, in our sole discretion, Function reservesthe right to update, improve, modify, alter, limit, suspend, discontinue, andre-introduce any of our Services – and any aspects, portions, details,features, specifications, and functions thereof – as well as adjust or modifyany pricing, availability, and timeframes offered with respect to ourServices.  Without limitation, this paragraph pertains to all FH Content,all User Content, including without limitation your own, and all othertechnologies, applications, programs, designs, and offerings connected withand/or supporting our Services, 

 

                                     i.         You agree that Functionreserves the right to supplement, delete, or otherwise modify some of all theseTerms – or any portions thereof –  at any time, for any reason, with orwithout notice, in our sole discretion.  In the event that Functionrevises these Terms, your continued and/or subsequent access and/or use of ourServices will constitute your unconditional acceptance of the revisedTerms.  You acknowledge and accept that you are expected to check-backwith the page on our Site containing our Terms, as any changes are binding onyou.  This paragraph applies, without limitation, to Function’s PrivacyPolicy, which is incorporated by reference into these Terms in its entirety.

 

                                   ii.         You acknowledge and agreethat Function may refuse, suspend, terminate, ban, or otherwise restrict accessto our Services to any person, including you, at any time, for any reason, withor without notice, in our sole discretion, without liability for any Lossesarising therefrom and/or relating thereto.   You recognize and acceptthat Function may restrict access to certain aspects of our Services to personswho create an Account and/or remit payment for certain Services. You agree thatyour acceptance of these Terms does not, in and of itself, grant you access tothose areas of Function’s Services requiring payment for access.

 

                                  iii.         To the extent you enterinto a separate agreement and/or consent for Services with Function, and suchan agreement or consent contains different termination terms than hereinprovided, the terms of such separate agreement and/or consent shall controltermination as to and only as to the specific Services subject to such anagreement.

 

b.     You acknowledgethat, to the extent permitted by applicable law, Function reserves the right todecide how it will contact you regarding any service messages and otherpublicly-directed communications – among other options, we specifically reservethe right to use email, push notification, text/SMS message, telephone call,and a website banner - and you agree that any reasonable means of contactselected by Function (including any of the aforementioned) shall suffice fortimely and adequate notice; this provision, embraces, without limitation,communications concerning changes to one or more of the Terms (includingwithout limitation one or more terms set forth in this Privacy Policy). You agree that all other notices, requests, consents, claims, demands, waivers,and other communications that Function sends to you may be sent to the emailthat you provided to Function when you registered for our Services – or asupdated in connection with your Function Health account.  

 

c.     To the fullestextent permitted by law, and except as otherwise specified in writing, Functionholds no obligation or responsibility to take action or refrain from actingwith respect to the continuation, provision, maintenance, updating,improvement, renovation, and/or modification of: (a) our Services; (b) aspects,portions, details, features, specifications, and functions of our Services; (c)terms and /or conditions relating to our Services; and/or (d) material, data,information, and/or content arising out of or relating to our Services,including without limitation the FH Content.

 

d.     To the fullestextent permitted under law, all FH Content – and all copyright, trademarkrights, service mark rights, patent rights, and other intellectual propertyrights and proprietary rights arising out of, relating to, and/or appearing inconnection with the FH Content – are owned by us and/or one of our third-partylicensors or other providers and are protected by the intellectual propertylaws of the United States and other countries. You acknowledge and agree thatall names, logos, brands trademarks, service marks, slogans, copyright, anddesigns, and all rights thereto, arising out of, relating to, and/or appearingin connection with the FH Content belong exclusively to Function and/or one ofour third-party licensors or other providers, irrespective of the presence ofany legal designation or lack thereof, and are subject to protection frommisappropriation, misuse, blurring, tarnishing, dilution, impersonation, orother unauthorized exploitation under United States law and international law;this includes, without limitation, our trademarks, service marks, and/or logosfor “Function,” “Function Health,” and “Health Portfolio.” You acknowledge andagree that: (i) nothing in these Terms, express or implied, grants you anyright or license to make use of any names, logos, trademarks, service marks,slogans, designs, patents, copyright, or other FH Content  arising out of,relating to, and/or appearing in connection with our Services; and (ii) theseTerms expressly forbid your use any names, logos, trademarks, service marks,slogans, designs, patents, copyright, or other FH Content  arising out of,relating to, and/or appearing in connection with our Services without our priorexpress written consent and/or the prior express written consent of thethird-party who owns and/or has the applicable rights to such intellectualproperty. 

 

e.     To the fullestextent permitted under law, Function reserves any and all rights and interestsnot expressly granted by these Terms.   You acknowledge and agreethat: (i) no right, title, or interest in and to the FH Content is transferredto you; and (ii) your provision of a Sample or any Personal Informationdoes not afford you any right, title, or interest in and to any research byFunction, our Affiliates, our licensors, and/or our third-party providers or anyrelated Services, Products, documents, data, information, materials, orofferings; you acknowledge and accept that you shall not receive any financialbenefits, such as royalties or compensation, by virtue of your provision of thesame. 

 

f.      Subject tothe conditions set forth in these Terms (including but not limited to ourPrivacy Policy), you hereby grant Function a perpetual, irrevocable,non-exclusive, royalty-free, fully sub-licensable, fully transferrableworldwide right and license to exercise any and all rights you may have asto any User Content you disclose, generate and/or submit publicly arising outof and/or relating to your use of our Services.  Likewise, subject to theconditions set forth in these Terms (including but not limited to our PrivacyPolicy), you agree that Function may, in our sole discretion: copy, reproduce,adapt, translate, sell, distribute, syndicate, publish, transfer, communicate,modify, exhibit, advertise, market, create derivative works from, display, makecommercial use of (including currently known and future, currently unknowncommercial uses), and/or otherwise use your User Content throughout the worldin any media in any manner, fashion and/or context we wish.  You furtheragree that you waive any moral rights – including, but not limited to, therights of attribution – in connection with any content and any data andinformation arising out of and/or relating to your use of our Services;provided, Function reserves the right to attribute your User Content to you inour sole discretion, at any time, for any reason. Furthermore, you representthat you have full authority and right to grant these licenses and waive theserights pursuant to our Terms.  

 

g.     You acknowledgeand agree that any suggestions, ideas, recommendations, complaints, feedback,and other submissions (“Submissions”)you provide to Function shall constitute User Content for the purposes of thisAgreement, and shall accordingly be subject to all licenses, waivers, and otherterms applicable to User Content hereunder. You recognize that not all UserContent (including without limitation Submissions) is subject to protectionunder the applicable intellectual property laws.  You acknowledge thatFunction may already be in the process of creating, developing, finalizing,and/or commercializing products, services, content, or other materials thatoverlap with or are substantially similar one or more Submissions at the timeyou submit such Submission(s).

 

9.    It Is Important for You to UnderstandHow Function Uses Your Information.

 

a.     Function’sPrivacy Policy can be found here. Once again, we urge you to carefullyreview our Privacy Policy, as it directly impacts how Function handles your PersonalInformation, among other typesof data and information.  You acknowledge and agreethat Function’s Privacy Policy is incorporated by reference into these Terms,in its entirety; by accepting our Terms, you agree to all terms and conditionsin our Privacy Policy.

 

b.     Function doesnot collect, store, analyze, or retain any Samples during the course ofproviding our Services.  Please consult the terms and conditions of yourlaboratory services provider, for more information regarding the collection,storage, analysis and retention of any Sample you provide to a laboratoryservice provider that is facilitated through our Services.

 

c.     In furtheranceof facilitating third-party laboratory testing and medical care servicesdirectly for you, you hereby expressly permit affiliated contractors andproviders to (i) receive, handle, store, transport, and analyze your Sample;(ii) transmit and disclose documents and files containing and/orreflecting Personal Information (including without limitation Lab Results) (1)within and among one other as necessary to furnish and/or facilitate theServices and (2) to persons and/or entities whom you specifically designate forreceipt of your Lab Results.

 

10. Function Offers and Utilizes Third-PartyServices and Products; However, We Are Not Responsible or Liable for ThoseThird Parties or Their Services or Products.  

 

During the course of using our Services,Function may offer you the opportunity to connect with third-party providers;such providers may include, without limitation, payment processing providers,laboratory services providers, data processing and visualization providers,customer service specialists, and telemedicine providers.  Notwithstandingthe fact that Function may help facilitate such opportunities with certainthird-party medical providers and laboratories, you are free to use any medicalprovider or laboratory of your choosing.  Upon your request, Function willuse best efforts to integrate information you provide to us from such providersinto the Function Service ecosystem. Functionmay also offer you the opportunity to receive, view, and interact with contentcreated and/or developed by a third-party. Furthermore, in conjunction with ourServices, Function may offer you the opportunity to purchase and/or receivethird-party services, products, content, advertisements, devices, and offerings(“Offerings”).  PLEASE CAREFULLY REVIEW THESEDISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTYSERVICES AND PRODUCTS.

 

a.     NEITHER FUNCTIONNOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THEAVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS,USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY’SOFFERINGS – OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE,TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.  

 

b.     NOTWITHSTANDINGANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TOCONDUCT, NEITHER FUNCTION NOR OUR AFFILIATES MAKES ANY WARRANTY,REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANYTHIRD-PARTY PROVIDER’S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK,CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHERFUNCTION NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION,GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC THIRD-PARTYPROVIDER OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN, ITEM OF ADVICE, OROTHER OFFERING.   YOU ACKNOWLEDGE THAT YOU HAVE SELECTED EACH MEDICALPROVIDER OR LABORATORY ON YOUR OWN AND THAT NO THIRD PARTY, INCLUDING FUNCTION,HAS REFERRED, ARRANGED OR RECOMMENDED ANY MEDICAL PROVIDER OR LABORATORY TOYOU.  

 

c.     YOU ACKNOWLEDGEAND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHERFUNCTION OR NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITHRESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSEOF TREATMENT, CARE, TEST RESULT, OR OTHER OFFERING: YOU AGREE, TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE FUNCTION AND HOLD FUNCTION ANDOUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANYTHIRD PARTY OFFERING. THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATIONANY LOSSES ARISING OUT OF AND/OR RELATING TO (i) THE COLLECTION, PROCESSINGAND/OR ANALYSIS OF A SAMPLE BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (ii)THE COMMUNICATION OF LAB RESULTS BY A THIRD-PARTY LABORATORY SERVICES PROVIDER;(iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFEREDBY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; (iv) ANYTHIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING OUR SERVICES: (v) ANY THIRD-PARTYADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH OUR SERVICES;AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOUIN CONNECTION WITH OUR SERVICES.  WE ENCOURAGE YOU TO RESEARCH APPLICABLEDOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/DEVICES – AND TO SEEK HELPELSEWHERE OR RECEIVE A SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANYTHIRD-PARTY ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, PLAN, OR PROVIDER.YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCYPURPOSES; IN THEEVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISITYOUR NEAREST HOSPITAL, OR DIAL 9-1-1. 

 

d.     NEITHER FUNCTIONNOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHERPROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY– INCLUDING WITHOUTLIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICEPROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, ADVERTISER, ORMANUFACTURER OR DISTRIBUTER – EVEN IF THOSE THIRD-PARTIES OFFER PRODUCTS,CONTENT, OR SERVICES THAT FUNCTION LINKS TO OR OTHERWISE FEATURES, ADVERTISES,AND/OR BUNDLES IN CONNECTION WITH OUR SERVICES.  YOU ACKNOWLEDGE THATNEITHER FUNCTION NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR,OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TOTHE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGHOUR SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHERPROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, TO RELEASE FUNCTION AND OUR AFFILIATES HOLD FUNCTION AND OURAFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALLTHIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHEROFFERINGS.

 

e.     YOU AGREE THATNEITHER FUNCTION NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS ORWARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, ORINTERESTS – OR ANY RELATED RIGHTS, TITLES, INTERESTS, OR LICENSES, AS THEYARISE IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, OR THE PRODUCTS ANDSERVICES OF OUR THIRD-PARTY PROVIDERS. 

f.      YOUACKNOWLEDGE AND AGREE THAT NEITHER FUNCTION NOR OUR AFFILIATES HAS ANY CONTROL,INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY’S TERMS OF SERVICE, PRIVACYPOLICY, OR RELATED POLICIES AND PRACTICES – INCLUDING WITHOUT LIMITATIONPOLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOURPERSONAL INFORMATION -  EVEN IF FUNCTION INCORPORATES, LINKS TO, RELIESON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OFSUCH THIRD PARTIES. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLELAW, TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLD FUNCTION AND OURAFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRDPARTY’S TERMS OF SERVICES PRIVACY POLICY, AND/OR RELATED POLICIES ANDPRACTICES.  YOU FURTHER ACKNOWLEDGE THAT FUNCTION STRONGLY RECOMMENDSTHAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH OURPRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE,PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING,AND/OR INTERACTING WITH SUCH OFFERINGS.

 

g.     YOU ACKNOWLEDGEAND AGREE THAT NEITHER FUNCTION NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, ORAUTHORITY WITH RESPECT TO ANY THIRD PARTY’S SCHEDULING DECISION, APPOINTMENTCANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDESERVICES, PRODUCTS, OR OTHER OFFERINGS. YOU AGREE, TO THE FULLEST EXTENTPERMITTED BY APPLICABLE LAW, TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLDFUNCTION AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/ORRELATING TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION,LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE A SERVICE,PRODUCT, AND/OR OTHER OFFERING.

 

h.     YOU ACKNOWLEDGEAND AGREE THAT NEITHER YOUR LAB RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL,INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTETHEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSEDMEDICAL PROFESSIONAL.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,YOU WILL NOT HOLD FUNCTION OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THETIMING OR SUBSTANCE OF YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS,DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST PERMITTED BY APPLICABLELAW, YOU AGREE TO RELEASE FUNCTION AND OUR AFFILIATES AND TO HOLD FUNCTION ANDOUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANYFH CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, ORINFORMATION RELATING TO YOUR LAB RESULTS.

 

i.      YOUACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONSTHAT YOU DEEM TO BE HOSTILE, OBSCENE, OFFENSIVE, PREJUDICED, UNLAWFUL,INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF ORAS A RESULT OF USING OUR SERVICES. THIS INCLUDES, WITHOUT LIMITATION,THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY ENCOUNTER WHEN(i) INTERACTING WITH THIRD-PARTY LABORATORY SERVICES AND/OR THIRD-PARTYTELEMEDICINE SERVICES PROVIDERS, (ii) POSTING AND ENGAGING WITH USER CONTENT,AND (iii) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING LAB RESULTS.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOTHOLD FUNCTION OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTYINDIVIDUALS AND/OR INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS ARESULT OF OUR SERVICES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUAGREE TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLD FUNCTION AND OURAFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH ANINTERACTION AND/OR INDIVIDUAL.

 

j.      NEITHERFUNCTION NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANYINSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE,VALIDITY OR ACCEPTABILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, YOU WILL NOT HOLD FUNCTION OR OUR AFFILIATES RESPONSIBLE ORLIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE,REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, YOU AGREE TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLDFUNCTION AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/ORRELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE,REIMBURSEMENT, OR ACCEPTANCE ISSUES.

 

k.     FUNCTION DOES NOT GUARANTEETHAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTYCONTENT BEFORE IT GOES LIVE. NEITHER FUNCTION, NOR OUR AFFILIATES IS IN ANY WAYRESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENTIN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT ORCONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKEEFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDINGRESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUESARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAYGO UNADDRESSED.  THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USERCONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE,OR CONSENT.

11. In Order to Use Our Services, FunctionRequires You to Make These Additional Representations and Warranties, and toAssume These Additional Obligations.

 

a.     YOU ACKNOWLEDGEAND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUMEALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OURSERVICES AND ANY THIRD-PARTY OFFERINGS AVAILABLE THROUGH OUR SERVICES AREAPPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULARNEEDS AND SUFFICIENT FOR YOUR EXPECTATIONS.  CERTAIN SERVICES OR PRODUCTSMAY NOT BE APPROPRIATE, VIABLE, SUITABLE, AND/OR SAFE FOR CERTAIN INDIVIDUALS. YOU AGREE THAT, BETWEEN YOU ONE THE ONE HAND AND FUNCTION AND OUR AFFILIATES ONTHE OTHER HAND, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR DETERMINING: WHETHERTO MAKE USE OF ANY PRODUCT OR SERVICE; WHETHER AND TO WHAT EXTENT TO SEEKMEDICAL CARE OR OTHER HEALTHCARE SERVICES IN CONNECTION WITH YOUR LAB RESULTS –AND IF SO, FROM WHOM, AT WHAT COST, FOR WHAT PURPOSES, AND TO WHAT EXTENT; ANDWHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE,TREATMENT, PLAN OR ITEM OF ADVICE.  YOU AGREE THAT YOU SHALL RELEASE FUNCTIONAND OUR AFFILIATES AND HOLD HARMLESS FUNCTION AND OUR AFFILIATES IN CONNECTIONWITH ANY DECISION BY YOU CONCERNING: THE SELECTION, PURCHASE, AND/OR USAGE OF APRODUCT, SERVICE, OR OTHER OFFERING; WHETHER AND TO WHAT EXTENT TO PURSUEMEDICAL CARE OR HEALTHCARE SERVICES; AND WHETHER AND TO WHAT EXTENT TO FOLLOW AGIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. You further acknowledge that if a medical provider is not your primary careprovider, it is your sole responsibility to follow through with your primarycare provider on any medical conditions or treatments suggested in yourtreatment by any medical provider, and to obtain a medical examination by yourprimary care provider related to the findings, or lack of findings, in yourtreatment with a medical provider.

 

b.     YOU ACKNOWLEDGEAND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK,LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTIONWITH OUR SERVICES; THIS INCLUDES, WITHOUT LIMITATION, YOUR ACTS AND OMISSIONSIN CONNECTION WITH: (i) YOUR SCHEDULING AND RECEIPT OF SAMPLE COLLECTIONSERVICES; (ii) YOUR RECEIPT OF ANY LAB RESULTS (iii) ANY THIRD-PARTY MEDICALADVICE AND/OR CARE; AND (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT ORDEVICES. YOU ACCORDINGLY AGREE TO CAREFULLY READ AND FOLLOW ALL INSTRUCTIONSDIRECTED TO YOU BY FUNCTION, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS ANDPROVIDERS IN CONNECTION WITH OUR SERVICES AND PRODUCTS AND ANY SERVICES ANDPRODUCTS THERETHROUGH AVAILABLE. YOU FURTHER AGREE TO ASSUME THE COST OF ALLREPAIRS ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES, OURPRODUCTS AND RELATED THIRD-PARTY PRODUCTS AND SERVICES.  

 

c.     You representthat you have carefully assessed whether our Services and Products and anythird-party Offerings facilitated through our Services are appropriate, viable,and safe for your use, given your particular needs and sufficient for yourexpectations – and you promise that you will continue to do so to the extentyou make use of additional Services or Products and/or related third-partyofferings.  Furthermore, you represent and warrant that you are mentallyand physically capable of using and healthy and sound enough to use ourServices and Products – and any third-party Offerings available in conjunctionwith our Services – to the extent used by you.  If you have or develop acondition and/or disability that could impact your use of our Services and/orrelated third-party offerings, you represent and warrant that a licensedmedical professional has approved your use our Services and any relatedthird-party offerings tothe extent used by you.

 

 

12. Please Review These Terms Governing YourPurchase of Services and Products.

 

a.     You Authorize Function to EffectuateYour Purchase. You should plan for your payment to processimmediately upon finalizing your purchase with Function.  Effectiveimmediately, you hereby authorize Function to: (i) charge your Payment Methodin full for all amounts listed at the time of purchase/transactionconfirmation, inclusive of any taxes, charges, surcharges, and fees; (ii)disclose your Personal Information, inclusive of your Payment Information, toour Affiliates, as well as our payment providers, and any laboratory companies,shipping providers, and other service providers, as reasonably necessary tofacilitate the purchase and/or delivery of our Services and Products andrelated third-party Offerings; (iii) make use of any other Payment Methods youhave submitted in the event that one of your Payment Methods is refused ordenied.  You represent and warrant that, to the extent you submit PaymentInformation during the course of using our Services: (i) the entity,organization, or institution connected to such a transaction will honor thecharges you have incurred; (ii) you shall be bear full responsibility for allamounts denied, refused, or uncollected by said entity, organization, orinstitution.  You agree that Function may limit, suspend, or revoke youraccess if you fail to submit and keep up-to-date a viable Payment Method.

 

b.     Return & Refund Policy. Functionintends to be fair and reasonable in allowing you to cancel your purchase forServices and/or Products.  

 

                                     i.         If you purchase third-partydiagnostic testing services via Function that require a physician’s approval,and the physician does not approve your request for such testing, Function willarrange for a refund of the cost of such testing, less: (1) any amounts chargedby the third-party medical provider who reviewed the applicable request fordiagnostic services; (2) any amounts charged by the third-party diagnostictesting provider that said provider deems non-refundable; and (3) anyapplicable service and/or technology fees charged by Function in connectionwith your purchase of said third-party diagnostic testing services.  Ifyou purchase third-party diagnostic testing services via Function that requirea physician’s approval, and you fail to receive such testing within ninety (90)days of said purchase, Function will arrange for a refund of the cost of suchtesting, less: (1) any amounts charged by the third-party medical provider whoreviewed the applicable request for diagnostic services; (2) any amountscharged by the third-party diagnostic testing provider that said provider deemsnon-refundable; and (3) any applicable service and/or technology fees chargedby Function in connection with your purchase of said third-party diagnostictesting services.  

 

                                   ii.         If you purchase third-partydiagnostic testing services via Function that do not require a physician’sapproval, you may cancel your purchase of such services and receive a fullrefund if you (1) cancel within forty-eight (48) hours of that purchase; (2)have not made use of such services and/or otherwise availed yourself of suchservices prior to cancellation; (3) do not make use of such services and/orotherwise avail yourself of such services subsequent to cancellation.

 

                                  iii.         Unless otherwise noted,you may cancel your purchase of a Product at any time prior to shipment of saidProduct.  If you cancel within this time period, you will receive a fullrefund of your purchase, inclusive of taxes.  You are not entitled to anyrefunds or returns.  You are not entitled to receive a refund inconnection with any Product that has been damaged, destroyed, lost, orabandoned.  

 

                                  iv.         You agree to allow Functionup to sixty (60) days to process and issue a refund, based on the date of yourrefund request.  

 

                                    v.         Although Function may helpfacilitate the processing of any refund requests with any third-partylaboratory or medical providers, such refunds shall be solely in the discretionof and subject to the terms and conditions established by such third-partylaboratory or medical providers.  You agree that Function shall have noliability to you or responsibility to refund any such amounts to the extentthat a third-party denies a refund request. 

 

c.     Damaged & Non-ConformingProducts. All risk of loss, damage, destruction, andabandonment with respect to a Product passes to you upon the delivery of thatProduct to you or your designated recipient.  If Function and/or anyAffiliate fails to deliver any Product to specification (e.g., type, model,dimensions) by its guaranteed delivery date, or if such a Product is damaged ordestroyed when delivered, you are entitled to return that Product and either(i) receive a replacement Product in lieu of the one you returned; or (ii)cancel your purchase and receive a full refund or credit (at your election) forall amounts paid towards the Product in question. Under either scenario,Function will arrange for and cover all costs and expenses arising out of thepick-up and return of a damaged and/or non-conforming Product. In order toeffectuate a return of a damaged and/or non-conforming Product, you must notifyFunction of the damage and/or non-conformity in writing within forty-eight (48)hours of your receipt of the Product.  You acknowledge and accept that allrisk of loss, damage, destruction and abandonment with respect to a Productthat you are attempting to return remains with you until you have provided thatProduct for return to Function’s authorized shipping provider, except to theextent that such a Product was damaged or destroyed when delivered.

d.     EXCEPT AS STATED IN THIS SECTION 12, ALLSALES ARE FINAL. Except as herein permitted, Function does notissue any refunds or credits, and we do not accept returns. Function reservesthe right, in its sole discretion, to issue a refund, credit, rebate, discount,coupon, or some other form of reimbursement or incentive to one or moreindividuals or entities without any obligation to offer the same at any othertime, to any other person or entity.  Furthermore, Function reserves theright to correct any errors relating to the pricing or charging of prices inconnection with our Services and Products, and any third-party Offerings inconnection with our Services and Products; this includes, without limitation,the right to correct any overcharges or undercharges, and to cancel and refundany purchases relating to such errors.

 

13. You Agree to Indemnify Function, LimitOur Liability, and Refrain from Injunctive Measures.

 

a.     TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FUNCTION NOR OURAFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES – OR FOR ANY LOSSES ARISINGTHEREFROM AND/OR RELATING THERETO – IRRESPECTIVE OF (i) THE NATURE AND THEORYOF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHERFUNCTION WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES,(iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES,AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE.  YOU ACKNOWLEDGEAND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTIONTHEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM,AGGREGATE LIABILITY FOR FUNCTION AND OUR AFFILIATES IN CONNECTION WITHFUNCTION’S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i)$10.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THESUBJECT SERVICES AND/OR PRODUCTS.  THIS LIMITATION OF LIABILITY SHALL NOTAPPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/ORINTENTIONAL MISCONDUCT OF FUNCTION.  FURTHERMORE, THIS LIMITATION OFLIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLYAND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF FUNCTION AND/OR OURAFFILIATES.  THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANYINDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS. THIS LIMITATION OFLIABILITY APPLIES, WITHOUT LIMITATION, TO LOSS OF USE, LOSS OF REVENUE, LOSS OFPROFITS, LOSS OF BUSINESS AND/OR OPPORTUNITY, LOSS OF REVENUE, PROPERTY DAMAGE,HARM TO REPUTATION, LOSS OF GOODWILL, HARM TO THE RIGHT OF PRIVACY, EMOTIONALDISTRESS DAMAGES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, ANDTECHNICAL MALFUNCTION. THIS LIMITATION OF LIABILITY APPLIES, WITHOUTLIMITATION, TO FUNCTION’S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTYLABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OFTHIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATACOMPILATION AND ANALYSIS, AND CONTENT CREATION.

 

b.     TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT,DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN FUNCTION OR OTHERWISERESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANYINJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES.  THISPROVISION APPLIES, WITHOUT LIMITATION, TO FUNCTION’S SERVICES RELATING TO: THEFACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS,THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING,RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION.

 

c.     UNDER CALIFORNIACIVIL CODE SECTION 1542, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A CALIFORNIARESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECTTO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING FUNCTION, OURAFFILIATES, OUR SERVICES, OUR PRODUCTS, YOUR PERSONAL INFORMATION,  THESETERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND FUNCTION.  IF YOU ARE ARESIDENT OF A STATE AND/OR JURISDICTION WITH LEGAL PROVISIONS OR PROTECTIONSSIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE ALL SUCHPROVISIONS AND PROTECTIONS WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF,RELATING TO, AND/OR CONCERNING FUNCTION, OUR AFFILIATES, OUR SERVICES, OURPRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENTBETWEEN YOU AND FUNCTION.

d.     TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, ANDHOLD FUNCTION AND OUR AFFILIATES HARMLESS IN CONNECTION WITH ANY THIRD-PARTYCLAIM – AND ALL RELATED LOSSES – ARISING OUT OF AND/OR RELATING TO YOUR USE OFOUR SERVICES AND/OR PRODUCTS AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTIONTHEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROMFUNCTION’S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THISINDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (i) YOUR USE AND/ORMISUSE OF OUR SERVICES, OUR PRODUCTS, AND/OR ANY THIRD-PARTY SERVICES OTHEROFFERINGS ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND/OR PRODUCTS(INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY); (ii) ANY ACTS AND/OR OMISSIONSTAKEN AS A RESULT OF YOUR RECEIPT OF LAB RESULTS AND/OR FH CONTENT; (iii) ANYTHIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OFADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM,AND/OR BEARS ON OF THE USE OF OUR SERVICES; (iv) ANY USAGE, DISCLOSURE,DECISION, ACT, AND/OR OMISSION ARISING OUT OF, RELATING TO, AND/OR RESULTINGFROM LAB RESULTS AND/OR FH CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDETO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICESPROVIDER, INCLUDING WITHOUT LIMITATION ANY SELF-REPORTED PERSONAL INFORMATION;(vi) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND/OR SECURITY OF YOURPASSWORD, ACCOUNT INFORMATION, OR PERSONAL INFORMATION; (viii) YOUR VIOLATIONOF ANY THIRD-PARTY RIGHTS (E.G. PRIVACY, CONFIDENTIALITY, INTELLECTUALPROPERTY); AND (viii) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUTLIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED INTHIS THESE TERMS. THIS PARAGRAPH APPLIES TO ALL MANNERS OF CLAIMS, WITHOUTEXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT FUNCTION AND ITS AFFILIATES RESERVETHE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OFCOUNSEL IN CONNECTION WITH ANY CLAIM FOR WHICH YOU ARE BOUND TO PROVIDEINDEMNIFICATION BY THE TERMS AND CONDITIONS SET FORTH IN THIS PARAGRAPH OR ANYOTHER TERM OR CONDITION, AT YOUR COST AND EXPENSE.  FUNCTION WILL MAKE AGOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TOTHE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.

 

14.  In Order to Use Our Services, You Acceptthe Following Waivers and Disclaimers.

 

CERTAIN JURISDICTIONS MAY LIMIT OR FORBIDCERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARINGTHROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THISSECTION 14. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOUIN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBYAGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:

 

a.             NEITHER FUNCTION NOR OUR AFFILIATES PROVIDES ANY WARRANTIES WITH RESPECT TO ANYSERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED INTHESE TERMS.  ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOFARE PROVIDED "AS IS,'' “WITH ALL FAULTS”, AND "AS AVAILABLE"BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,OPERABILITY, CONDITION, ACCURACY, AND VALUE).  THIS PARAGRAPH APPLIESREGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, ORWHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE,DEALING, OR OTHERWISE.  THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OURLAB RESULTS, FH CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALLMATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.

b.             WITH RESPECT TO ANY “FORWARD-LOOKING STATEMENTS,” FUNCTION DISCLAIMS ALLDUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.

c.             THOUGH CERTAIN ASPECTS OF THE FH CONTENT, LAB RESULTS, AND OTHER THIRD-PARTYMATERIALS AND SERVICES FACILITATED THROUGH FUNCTION MAY BE PROVIDED BYHEALTHCARE PROFESSIONALS, NEITHER FUNCTION NOR OUR AFFILIATES OFFERS YOUMEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHERMEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. FUNCTIONDOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THEPROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELYRESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TOYOU.   

d.             NEITHER FUNCTION NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATIONREGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY,UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OURSERVICES – EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON’S OR ENTITY’SSPECIFIC, INDIVIDUAL NEEDS.  THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION,A LACK OF WARRANTY AND REPRESENTATION REGARDING ANY LAB RESULTS AND ANY FHCONTENT.  YOU AGREE THAT NEITHER FUNCTION NOR ITS AFFILIATES SHALL BELIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANYLAB RESULTS, FH CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OFAND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, ERROR. YOUAGREE THAT NEITHER FUNCTION NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSESARISING OUT OF AND/OR RELATING TO YOUR INABILITY TO ACCESS DATA OR INFORMATIONOBTAINED IN CONNECTION WITH OUR SERVICES AND/OR ANY OF OUR THIRD-PARTYPROVIDERS’ SERVICES – INCLUDING WITHOUT LIMITATION AS RESULT OF DELETION,FAILURE IN TRANSMISSION, INTERRUPTION, DELAY, DEFECT, UNAUTHORIZED ACCESS,THEFT, VIRUS, OPERATIONAL FAILURE, COMMUNICATIONS FAILURE, DESTRUCTION, AND/ORAN ACT OF GOD. 

e.             NEITHER FUNCTION NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE FH CONTENTOR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE,AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY.  YOU ACKNOWLEDGETHAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEEDOF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE,BANDWIDTH, AND CONCURRENT TRAFFIC.  YOU AGREE THAT FUNCTION SHALL NOT BELIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.

f.              FUNCTION USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY ANDINTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPTTHAT – EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES – FUNCTIONCANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION OR ANY OTHER INFORMATION,DATA, CONTENT, MATERIAL, OR TECHNOLOGY, WILL BE 100% SAFE FROM UNAUTHORIZEDACCESS AND/OR USE; (ii) OUR  TECHNOLOGIES, CONTENT, AND MATERIALS WILLREMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE, TROJAN HORSES,WORMS, AND VIRUSES; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTEDDENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, ANDTRANSMISSION OF SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT,MATERIAL, OR TECHNOLOGY WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. FUNCTION AND OUR AFFIIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OFAND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORZED ACCESS OR USE OFYOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONALINFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/ORINTENTIONAL MISCONDUCT OF FUNCTION AND/OR ONE OR MORE OF OUR AFFILIATES; THETERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES, ARISING OUT OFAND/OR RELATING TO ANY VIRUS, MALWARE, DISTRIBUTED DENIAL OF SERVICE ATTACK OROTHER HARMFUL CODE OR MATERIALS THAT MAY IMPACT YOUR DATA, INFORMATION, DEVICE,COMPUTER, PERSONAL INFORMATION, OR OTHER PROPERTY (INTELLECTUAL OR OTHERWISE)AND ARISE OUT OF AND/OR RELATE TO YOUR USE OF OUR SERVICES, AS WELL AS ANYUNAUTHORIZED GRANT OF ACCESS TO YOUR ACCOUNT AND/OR INFORMATION ON THE BASIS OFFALSE PRETENSES, STOLEN AND/OR MISAPPROPRIATED LOGIN/PASSWORD INFORMATION,SOCIAL ENGINEERING, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOURTRANSMISSION OF DATA AND INFORMATION IN CONNECTION WITH OUR SERVICES IS AT YOUROWN RISK.

g.             NEITHER FUNCTION NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES(INCLUDING BUT NOT LIMTED TO SERVICES RELATING TO THE FACILITATION OFLABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, AND THE FACILITATION OFTELEMEDICINE SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN AMANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER FUNCTION NOR OURAFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS ORDEFECTS, PRESERVE ANY FH CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/ORINFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES ORIMPROVEMENTS. AND PRODUCTS

15. Choice of Law and Jurisdiction

a.     Choice of Law.  AnyClaim arising out of or relating to Function, our Affiliates, our Services, ourProducts, a transaction in connection with one or more Products and/orServices, one or more of third-party Offerings arising out of and/or relatingto our Services and/or Products, and/or the Terms will be construed andgoverned in accordance with the laws of the State of Texas, without regard toits conflict of laws principles, except to the extent that Texas law ispreempted by or inconsistent with federal law.  

b.     Venue and Jurisdiction.  Exceptto the extent that a dispute is arbitrated or brought in small claims courtpursuant to Section 16 below, the parties agree that all disputes must belitigated in the state or federal courts the State of Texas.  You andFunction each waive any defense or claim of lack of personal jurisdiction, theinappropriateness of venue, or forum non conveniens. 

c.     U.S. Jurisdiction; ForeignAccess.  Function and its properties are located inand operated from the United States. Our Services are intended only for use bypersons located in the United States. Function does not intend to be subject toany non-U.S. law or jurisdiction, under any circumstances, and you agree thatyou shall not pursue any claims, disputes, or controversies against Functioninsofar as they are subject Function to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that Function makes no representation orwarranty that our Services – including without limitation our website, the FHContent and any Lab Results relating to our Services – are accessible, legallypermitted, and/or appropriate for consumption in any countries or jurisdictionsoutside of the United States. It may not be legal for your and/or other personsto access this site based on the country or jurisdiction in which you and/orsuch persons are located; you accordingly assume all risk, liability, and responsibilityin connection with accessing this site outside of the United States andcomplying with any laws, rules, regulations, or guidelines applicablethereto.  Furthermore, insofar as you are resident of a country other thanthe United States and/or located in such a country when accessing our Services(e.g., in acountry belonging to the European Union), you acknowledge that you are engagingin the transfer of data and information to the United States, which may haveless protective data laws, privacy regulations, and disclosure regulations thanyour country of residency and/or location.

16. Binding Arbitration of Disputes on anIndividual Basis. 

 

a.     Claims subject to arbitration. Tothe fullest extent permitted by applicable law, you and Function agree toarbitrate allClaims arising out of or relating to Function, ourAffiliates, these Terms, our Services, our Products, a transaction inconnection with one or more Products and/or Services, PersonalInformation,  one or more of third-party products and/or services arisingout of and/or relating to our Services and/or Products.  This arbitrationprovision is intended to be broadly interpreted.  It includes, but is notlimited to:

 

·      Claimsrelating to our facilitation of third-party laboratory services, your Sample,an analysis of your Sample, your Lab Results, any documents, communications,data, or information relating to your Lab Results, and/or any actions and/oromissions in connection therewith and/or resulting therefrom;

·      Claimsrelating to any aspect of the relationship between you and Function, whetherbased in contract, tort, negligence, fraud, misrepresentation, trespass, or anyother statutory or common-law legal theory;

·      Claimsrelating to your interactions with or any actions taken by Function, ourAffiliates, and/or any of our third-party affiliates and/or providers;

·      Claimsrelating to the FH Content, your receipt and/or review thereof, yourdistribution thereof, and/or any actions and/or omissions in connectiontherewith and/or resulting therefrom;

·      Claimsrelating to Function’s use, protection, or disclosure of information about you,including your Personal Information;

·      Claimsconcerning Function’s marketing and/or advertising of third-party products andservices to you;

·      Claims thatarose before your acceptance of the Terms or any current or prior agreementbetween you and Function, such as Claims related to advertising ordisclosures; 

·      Claims thatarise after the termination of this or any other agreement between you andFunction; and

·      Except asspecified in Section 16.b below, any disputes relating to the interpretation,applicability, scope, waiver, or enforceability of this arbitration provision,such as a dispute over whether a Claim can or must be brought in arbitration.

 

In this Section 16 only, references in thisto “Function,” “we,” “our,” and “us” include our respective predecessors ininterest, as well as our respective past, present, and future subsidiaries,Affiliates, related entities, and all authorized or unauthorized users orbeneficiaries of our Services or any Products purchased from Function. You agree that, by agreeing to theTerms, you and Function are each waiving the right to a trial by jury or toparticipate in a class action. The Terms evidence atransaction in interstate commerce, and thus the Federal Arbitration Actgoverns the interpretation and enforcement of this arbitration provision. Thisarbitration provision, as set forth by the terms of this Section 16, shallsurvive termination of your use of our Services.   

 

b.     Claims not subject to arbitration.  Notwithstandingthe foregoing, you or Function may bring an action in your local small claimscourt seeking only individualized relief, so long as the action remains in thatcourt and is not removed or appealed to a court of general jurisdiction. If your jurisdiction permits small claims court judgments to be removed orappealed to a court of general jurisdiction for a trial de novo, that appealshall be resolved in arbitration in accordance with this arbitrationprovision.  This arbitration provision does not preclude you or Functionfrom bringing issues to the attention of federal, state, or local agencies orlaw enforcement. Notwithstanding anything herein to the contrary, any disputeover the applicability and/or enforceability of any of the terms and/orconditions in this Section 16(b), shall be determined in a court of competentjurisdiction unless the parties mutually agree otherwise in writing. Notwithstanding anything herein to the contrary, either Party may bring a claimarising out of and/or relating to intellectual property rights, or seektemporary or preliminary relief and/or specific performance, in any court ofcompetent jurisdiction, without the posting of bond or other security.

 

c.     Class Action Waiver.  Thearbitrator may award relief (including, but not limited to, damages,restitution, declaratory relief, and injunctive relief) only in favor of theindividual party seeking relief and only to the extent necessary to providerelief warranted by that party’s individual Claim. TO THE FULLEST EXTENT ALLOWED BYAPPLICABLE LAW, YOUAND FUNCTION EACH AGREE  TO BRING CLAIMS AGAINST THE OTHER IN ANINDIVIDUAL CAPACITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LE LAW, YOU AND FUNCTION EACH AGREE NOT TOPURSUE OR RECOVER ANY DAMAGES OR OTHER RELIEF IN CONNECTION WITH ANY CLAIMSAGAINST THE OTHER  IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION,PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER AGGREGATED PROCEEDING. Further,unless both you and Function agree otherwise, the arbitrator may notconsolidate more than one person’s Claims. To the fullest extent permitted byapplicable law, the arbitrator may not preside over any form of a collectiveaction, class action, mass action, private attorney general action, or otheraggregated proceeding. If, after exhaustion of all appeals, any of theaforementioned prohibitions on non-individualized relief is found to beunenforceable with respect to a particular Claim then the parties agree that sucha Claim or request for relief shall be decided by a court of competentjurisdiction after all other claims and requests for relief shall bearbitrated.

 

d.     Arbitration procedures. AParty who intends to seek arbitration must first send to the other a writtenNotice of Dispute.  A Notice of Dispute to Function should be addressed toFunction Health, Inc., Attn: Legal Department, 5302 Cascades Court, CollegeStation, TX 77845.  A Notice of Dispute to you will be sent to the lastaddress you provided to Function.  A Notice of Dispute must (i) provideyour name, address, phone number, and the email address we have on file foryou; (ii) describe the nature and basis of the claim or dispute; and (iii) setforth the specific relief sought. The Parties agree to negotiate regarding anyclaim or dispute subject to a Notice of Dispute for a period of not less thansixty (60) days from receipt of said Notice– and if the Parties do not reach anagreement to resolve the claim within sixty (60) days after the Notice ofDispute is received, you or Function may commence arbitration with JAMS, whichshall administer the arbitration under its Consumer Arbitration Rules in effectat the time (“JAMS Rules”), no later than the latest date permitted by thestatute of limitations that would have applied to said a dispute if it hadproceeded in a court of competent jurisdiction instead of in arbitration. You may obtain a copy of the JAMS Rules by visiting the JAMS website atjams.org.  If the JAMS is unavailable to administer an arbitration,another provider will be selected by agreement of the parties or by the courtpursuant to 9 U.S.C. § 5.  Except as specified in this Agreement (e.g., limitations andexclusions around Claims and Losses), the arbitrator can award the sameremedies available under applicable law that a court can award. The arbitratormay consider rulings in other arbitrations involving different customers, butan arbitrator’s ruling will not be binding in proceedings involving differentcustomers.  Unless you and Function agree otherwise, any arbitrationhearings will take place by videoconference or by telephone or resolve claimsor defenses on the basis of papers submitted by the parties, or to the extentnot permitted, at the JAMS location nearest your billing address. Regardless of the manner in which the arbitration is conducted, a singlearbitrator will conduct the arbitration – as agreed-upon by the Parties withinten (10) business days following the commencement of Arbitration, or asalternatively determined pursuant to the JAMS rules – and said arbitrator shallissue a reasoned written decision.  The award shall be final and bindingon the parties; judgment may be entered on the award by any court withjurisdiction and by any state or federal court in Houston, Texas, thejurisdiction and venue of which you and Function both agree, and such ajudgment shall not be subject to modification, appeal, or vacation except asallowed by Sections 10 and 11 of the Federal Arbitration Act, which the Partieshereby agree apply to these Terms.  Except as otherwise explicitly statedin this Agreement, the arbitrator shall have the sole and final authority todecide on the validity, applicability, and scope of the arbitration provisionsof this agreement, as well as the arbitrability of a Party’s claim(s).

e.     Arbitration fees.  IfFunction initiates arbitration or you initiate arbitration of claims valued at$25,000 or less, Function will pay all JAMS filing, administration, casemanagement, hearing, and arbitrator fees (“JAMS Fees”), so long as you havefully complied with the Notice of Dispute requirements in Section16.d.   If you seek relief valued at greater than $25,000, thepayment of JAMS Fees shall be governed by the JAMS Rules.  Nothing in thisSection 16.e prevents the arbitrator from reallocating the JAMS Fees inaccordance with the JAMS Rules in the event that the arbitrator finds that aclaim violates the standards set in Federal Rule of Civil Procedure11.  

f.      30-Day period to rejectarbitration. You may opt out of this Section 16 of theTerms within thirty (30) days of execution by providing written notice toFunction Health, Inc., Attention: Legal Dept., 5302 Cascades Court, CollegeStation, TX 77845. To be valid, an opt-out notice must (i) include your name,the email address we have on file for you, and a statement that you arerejecting the arbitration provision in the Terms; and (ii) be received byFunction within 30 days after your initial acceptance of the Terms.  Ifyou elect to opt-out under this paragraph, you agree that all other terms andconditions herein stated and stated in other agreements between you and shallremain in full force and effect; that includes, without limitation any otherarbitration agreements between you and Function.

g.     Time Limitation on Claims. To the fullest extent permitted by applicable law, you and Function agreethat any claim, dispute, controversy, matter, or cause of action arisingout of and/or relating to Function, our Affiliates, these Terms, our Services,our Products, a transaction in connection with one or more Products and/orServices, Personal Information, and/or one or more of third-party productsand/or services arising out of and/or relating to our Services and/or Productsshall be permanently barred if it is not filed and/or submitted for arbitrationwithin one year of when the alleging party knew or reasonably should have knownof the issue or matter giving rise thereto.  Notwithstanding theforegoing, this paragraph shall not apply to the filing and/or submission ofany counterclaim. 

17. Miscellaneous

a.     Except asexpressly permitted otherwise in writing by Function, you may not assign,delegate, sell, or transfer any of your rights or obligations under theseTerms.  Any purported assignment or delegation in violation of thisSection 17.a is null and void.  No assignment or delegation relieves youof any of your obligations under these Terms.  Notwithstanding anythingherein contrary, Function may freely assign, delegate, sell, and/or transferour rights and obligations under these Terms– and any assets relating to,arising out of, and/or concerning these Terms – including without limitationcircumstances of sale, merger, acquisition, reincorporation, consolidation,reorganization, or other change of control.  These Terms will be bindingon the Parties’ heirs, permitted assigns, administrators, and other legalrepresents, and shall inure to the benefit of the Parties and any of itssuccessors and/or assigns.

b.     You acknowledgeand agree that Function shall not hold any liability or responsibility for anyLosses – or be deemed to have defaulted or breached these Terms – for anyfailure or delay in fulfilling or performing any term of these Terms thatresults from factors beyond the scope of our reasonable control.  Thisincludes without limitation, acts of God, weather, the slowdown or shutdown ofcarriers, transportation, and/or utilities, strikes and protests, borderdelays, health crises and/or pandemic illnesses, closures and/or lockdowns,acts of warfare and/or terrorism, and actions taken by government agencies.

c.     If any of theTerms herein – or any portion(s) of any terms or conditions – are heldunenforceable, the impact of that unenforceability (i.e. limitation orexclusion of terms) will be construed as narrowly as possible to the extentpermitted by applicable law and it does not invalidate or render unenforceablesuch term or provision in any other jurisdiction; moreover, the remainder ofthese Terms– and all other portions thereof – shall nevertheless remain in fullforce and effect to the extent legally permissible. 

d.     Any translationof these Terms, your Lab Results, and/or the FH Content is merely provided as aconvenience. Any discrepancy or dispute involving a translated version of theseTerms, your Lab Results, and/or the FH Content and the English version thereofshall be resolved in favor of the English version.  Our headings andsection titles in these Terms are provided strictly for your convenience; theyhave no binding or representative effect on either Party.

e.     No waiver underthese Terms is effective unless it is in writing, identified as a waiver tothese Terms, and signed by an authorized representative of the Party waivingits right(s).  The Parties agree that any failure by either Party torequire the other’s strict adherence to any term or condition herein shall, inno manner, be construed as a waiver of any right(s) by that Party, nor shallsuch a failure be construed to remove or dilute the effect of any term,condition, or requirement stated in these Terms. These Terms may not be amendedor modified unless specified in writing and bearing the consent of bothParties. 

f.      Insofar asthese Terms include any errors or ambiguities related to spelling, grammar, orsyntax – or any other clear errors or ambiguities – these errors andambiguities shall be construed to reflect the intent of the Parties.  Thisincludes, without limitation: (a) any ambiguities, inconsistencies, misuses, oruncertainties around the usage of the word “and” vs. “or” vs. “and/or”; and (b)any ambiguities, inconsistencies, misuses, or uncertainties around the usage ofthe word “including” – which shall mean “including without limitation,” ratherthan as point of exclusion, unless otherwise noted; (c) any ambiguities,inconsistencies, misuses, or uncertainties around the usage of the word“Service” vs. “Services” vs. “Service(s)” - which shall not render any languageinapplicable by virtue of the fact that it does or does not refer to more thanone (1) Service.  The Parties agree that the Terms shall be construed asif drafted jointly by the Parties, and no presumption or burden of proof shallarise favoring or burdening any of the Parties by virtue of the authorship ofany term or condition herein appearing; the language used herein will be deemedto be the language chosen by the Parties hereto to express their mutual intent,and no rule of strict construction will be applied against any Party.

g.     All notices,requests, consents, claims, demands, waivers, and other communications from youto Function in connection with these Terms (each, a “Notice”) shall be inwriting and addressed to Function at the address on this website.  AllNotices shall be delivered by personal delivery, nationally recognizedovernight courier (with all fees pre-paid) or certified or registered mail (ineach case, return receipt requested, postage prepaid).  

h.     These Termsbenefit solely the Parties and their permitted assigns and nothing in theseTerms, express or implied, confers on any other person or entity any legal orequitable right, benefit, or remedy of any nature whatsoever under or by reasonof these Terms.

i.      TheseTerms, including without limitation the Privacy Policy, along with any furthermembership agreement and/or any other consent for Services to which you haveconsented, collectively, constitute the entire agreement between you andFunction with respect to our Services and supersede all prior and/orcontemporaneous agreements between you and Function, whether oral or written,arising out of and/or relating to our Services.  In the event of anyconflict between a term and/or condition between you and Function, on the onehand, and a third-party term and/or condition, on the other hand, Function’sterm and/or condition shall control.

j.      Californiaresidents are entitled to the following, specific consumer rightsinformation:  The provider of the Services is:

Attention: Legal Department

600 Congress Ave, Floor 14

Austin, TX 78701

(737) 259-6190

 

If you should have any further questions,the Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs may be contacted in writing at 1625North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Digital Millennium Copyright Act (17U.S.C. §512)

 

a.     If you believethat your copyrighted work appears in connection with our Services and/or isaccessible through our Services in a way that constitutes copyrightinfringement, please notify Function by providing us with the followinginformation in writing to the address listed below: (1) the physical orelectronic signature of either the copyright owner or of a person authorized toact on the owner’s behalf; (2) a description of the copyrighted work you claimhas been infringed, and a description of the activity that you claim to beinfringing; (3) identification of the URL or other specific location where thematerial or activity you claim to be infringing is located or is occurring; (4)your name, address, telephone number and, if you have one, your e-mail address;(5) a statement by you that you have a good faith belief that use in ourServices of the copyrighted work in the manner you are complaining of is notauthorized by the copyright owner, any agent of the copyright owner, or thelaw; and (6) a statement by you, made under penalty of perjury, that theinformation you have provided in your notice is accurate and that you areeither the copyright owner or are authorized to act on behalf of the copyrightowner.

 

b.     If you believeyou are the subject of an improper infringement claim, please notify Functionby providing us with the following information in writing to the address listedbelow: (1) the physical or electronic signature of either the copyright owneror of a person authorized to act on the owner’s behalf; (2) a detaileddescription of the copyrighted work you claim has been subject to an improperinfringement claim; (3) identification of the URL or other specific locationfrom where the allegedly infringing material has been removed, modified, and/ordeleted; (4) your name, address, telephone number and, if you have one, youre-mail address; (5) the following statement: “I hold a legitimate, good faithbelief that the allegedly offending material, as herein described, has beensubject to complaint, removed, or rendered inaccessible as the result ofmisidentification, misfeasance, malfeasance, and/or mistake. All of the factualinformation I have provided in connection with this document is true and correct.I consent to the jurisdiction of the District Court in the United Statesjudicial district in which I live – or, to the extent I reside outside theUnited States, in the Southern District of Texas – and will accept service ofprocess from the person or the agent of the person who sent the initial noticeof infringement to Function Health, Inc. All attestations herein are givenunder penalty of perjury.”

 

Thank you for reading. Please contact us if you have any questions, comments, concerns, or feedback.

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