Terms and Conditions of Use
Welcome to Phosphorus.com (the “Website”), an online information, communication, and coordination service provided by Phosphorus, Inc. (“Phosphorus” or “We” or “Us” or “Our”). The provision of information and services by Phosphorus and any of Our partners or suppliers is subject to your agreement with the terms and conditions below (“Terms and Conditions”). These Terms and Conditions govern Our services including, without limitation, Our coordination of testing (such as HeartMap™ and LipidMap™), testing results that may be presented to you, software, platform(s), research activities, counseling and your access to and use of the Website, including any Website content and functionality (collectively, “Services”).
PHOSPHORUS IS NOT A MEDICAL PROVIDER. ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR URGENT MEDICAL OR HEALTH ISSUES, AND PHOSPHORUS MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO ANY INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON OUR SERVICES, INCLUDING WITHOUT LIMITATION THE “LIVE SUPPORT” FUNCTIONALITY ON THE WEBSITE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
Risks and Considerations
THERE ARE SEVERAL RISKS AND CONSIDERATIONS THAT MUST BE CAREFULLY ASSESSED WITH GENETIC TESTING, GENETIC COUNSELING, AND OTHER SERVICES. PARTICIPATION IS COMPLETELY VOLUNTARY.
The information you learn from Phosphorus, the Website, and/or any Services you use is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. If you are a patient or healthcare consumer, you should not use information found on this Website, your test results, if any, and/or any consultations provided by a genetic counselor to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER CONCERNING ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR DISEASE, AND ANY PREVENTION, CURE, MITIGATION, OR TREATMENT OF A MEDICAL CONDITION OR DISEASE, AND BEFORE STARTING, STOPPING, OR MODIFYING ANY TREATMENT OR MEDICATION. A physician’s order is necessary for many of the Services and results are generally shared with your ordering physician, genetic counsel, and other identified health care providers. The tests described by the Website are voluntary tests and you also may wish to seek genetic counseling prior to commencing genetic testing. Your physician or other qualified healthcare provider can also assist you with any questions you may have regarding your personal situation and the genetic screening process.
There are certain risks that you understand and agree to accept by using our Website and/or any Services. Our Services can provide information that has implications for your health and/or your family’s health including, without limitation, an indication of risk or predisposition for yourself, your family members, or your offspring of a disease or condition. If a mutation(s) is found, you may be a carrier of, affected with, predisposed to, or at risk for the disease(s) or condition(s) caused by that gene(s). If no mutation is found, you may be at reduced risk to be a carrier of, affected with, predisposed to, or at risk for the disease or condition caused by that gene(s). Further testing may be necessary. Negative test results reduce, but do not eliminate, the chance that you are a carrier of, affected with, predisposed to, or at risk of having said disease(s) or condition(s). Phosphorus may estimate your risk or predisposition based on a combination of your test results, reported ethnicity, reported family history, and other relevant factors. However, results do not provide definitive conclusions regarding risk of or predisposition to certain disease(s) or condition(s). In addition, other mutation(s) or factors that are not included in our Services may impact your risk of or predisposition to certain disease(s) or condition(s). GENETIC TESTING MAY BE INACCURATE AND ERRORS MAY OCCUR (BOTH FALSE POSITIVES AND FALSE NEGATIVES) for reasons that include, without limitation, genetic variants, DNA type, all mutations are not detected, assay limitations, sample quality, extraction and processing issues, sample contamination, genetic library limitations, incomplete knowledge of genes, changes in samples, DNA or proteins, technology limitations, accuracy of your unique characteristics (e.g., family history), molecular errors, and technical errors. Genetic testing is not comprehensive and future scientific research may change the interpretation of any results or indications. Genetic testing is typically performed on saliva or blood samples. There are risks associated with sample collection (such as venipuncture) including, without limitation, excessive bleeding, fainting or feeling light-headed, hematoma or blood accumulating under the skin, infection (a slight risk any time the skin is broken) or multiple punctures to locate veins. Genetic material (DNA) within cells from these samples will be extracted, purified and analyzed. Cells are destroyed during this process and they cannot be returned to you. Your sample may be discarded or stored indefinitely for use any purpose allowed by law including, without limitation, research and development and quality control. I also understand that it is possible that no results will be obtained from a sample. In such cases, another sample may be requested. Genetic information you share with others could be used against your interests. Genetic information that you choose to share with your physician or other health care provider may become part of your medical record and may become accessible to others including, for example, providers and/or insurance companies.
Disclaimer of Content
This Website provides information about Phosphorus and its Partners, and the products and Services that may be offered, which may include, without limitation, diagnostic health testing and services, software and sequencing tools, research results, testing results, data analysis, genetic counseling, clinical trials participation, and information about various health conditions. Phosphorus does not endorse, warrant, or guarantee the effectiveness of any specific course of action, resources, tests, results, counseling, Providers, Services or other products, procedures, opinions, or other information. If We provide to you any recommendations that specify potentially actionable information for you, based on your use of Our Services or otherwise, this information is intended for informational purposes only and for subsequent discussion with your physician or other healthcare provider. You should not change your health behaviors solely on the basis of information provided by or through us.
Any clinical information or provider outreach opportunities contained within the “Phosphorus Diagnostics” section of Our Website is intended for the use of healthcare professionals only. Healthcare professionals should exercise their own clinical judgment when choosing to use Our content, tools, or Services.
While Phosphorus endeavors to keep the materials on the Website current, healthcare information changes rapidly and thus, the materials on the Website should not be relied upon to be fully comprehensive or error free.
Features and specifications of products or Services described or depicted by Us on the Website or otherwise are subject to change at any time without notice.
Privacy & Security
Phosphorus Partners and Providers
To provide the Services, Phosphorus coordinates with various third party companies, laboratories, providers and vendors (collectively “Partners”). You acknowledge and agree that Phosphorus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any actions or omission of Our Partners.
Payment for Phosphorus Services
You understand that you must pay for our Services. You authorize your insurance company to directly pay your insurance benefits to Phosphorus, or our designee, and you agree to endorse and forward any payments received from you insurance company to Phosphorus. You understand that you may have certain restrictions, limitations and obligations with your insurance. Phosphorus may not participate with your insurance. Phosphorus may choose to offer certain consumer oriented discounting programs and, unless required by law, under such discounting programs, Phosphorus or your provider may collect less than your health plan’s designated copayment, coinsurance, or deductible.
You will need to create a username and password with Us in order to access certain Services, such as obtaining any applicable results through our patient portal. You represent and warrant that the information you provide is accurate and complete. You are solely responsible for keeping your password confidential for all uses of our Website and the Services by or with your account. Failure to do so may compromise the confidentiality and/or security of your information. Please notify Us immediately if you are aware of any unauthorized access to or use of your account.
Copyright and Trademark Information
You acknowledge and agree that Phosphorus (or Phosphorus’s licensors, if applicable) own all legal right, title, and interest in and to the Services including, without limitation, any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not) or intellectual property rights that result from the use of your sample or genetic information. No compensation will be given to you (or your child) nor will funds be forthcoming due to inventions resulting from research and development using your sample. The marks “Phosphorus” and the Phosphorus logo are trademarks and/or service marks of Phosphorus, Inc. The content and design of Phosphorus are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials, except that you may copy and distribute free of charge, for personal, non-commercial purposes only, content that may appear on the Website and any results that may be provided to you, so long as: (1) you do not alter or modify the materials in any way; (2) you include or retain all applicable and proper notices, attributions to Phosphorus, and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with Phosphorus or an affiliated entity. For example, you may print one or more copies of the Results reported to you and share them with your physician or family member. You understand and agree that title to these materials shall not pass to you or any other user. No other use of these materials may be made without prior express written consent from Phosphorus or the applicable copyright owners.
Outside of the conditions listed above, requests to reuse material from Phosphorus should be directed to firstname.lastname@example.org.
Hyperlinks from Our Website
The Website provides links to other sites and resources on the Internet. Because Phosphorus has no control over such third-party-owned sites and resources, you acknowledge and agree that Phosphorus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Phosphorus shall not be responsible or liable, directly or indirectly, for any damage or loss caused by the use of or reliance on any such content, goods, or Services available on or through any hyperlinked third party site or resource.
By accessing Phosphorus’s Website, you agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
- Use this Website for any purpose in violation of local, state, national, and/or international laws;
- Use this Website as a means to distribute advertising or other unsolicited material to any third party;
- Use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; or
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Website.
YOU UNDERSTAND AND AGREE THAT ANY SERVICES, CONTENT, AND/OR INFORMATION CONTAINED ON, PROVIDED BY, OR COORDINATED THROUGH PHOSPHORUS ON THIS WEBSITE OR OTHERWISE IS PROVIDED ON AN “AS IS” BASIS. PHOSPHORUS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY SERVICES, TECHNOLOGY, OR INFORMATION. IN ADDITION, PHOSPHORUS DOES NOT GUARANTEE THAT USE OF THE WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Limitation of Liability
THE USE OF THIS WEBSITE AND OUR SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL PHOSPHORUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF PHOSPHORUS’S WEBSITE, SERVICES, AND/OR CONTENT OR INFORMATION PROVIDED BY OR COORDINATED BY PHOSPHORUS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS A FULL REFUND OF ANY AMOUNTS YOU PAID PHOSPHORUS AND TO STOP USING OUR SERVICES.
You agree to indemnify, defend and hold harmless Phosphorus, its suppliers, Partners, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, liability, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your breach of the Terms and Conditions or your submission of information through the Website. You agree to cooperate as reasonably required in the defense of any such claim.
Phosphorus’s Website is being provided by Phosphorus as a courtesy to you, and Phosphorus reserves the right to modify, discontinue, temporarily or permanently, this site, or any part thereof, at any time, with or without notice. In addition, We reserve the right to suspend or terminate any username, password, or other identifier, whether chosen by you or provided by Us, at any time and for any reason including if, in our opinion, you have violated any provision of these Terms and Conditions.
Additional Notices / Other
The Phosphorus Website is intended for use as a source of information regarding Phosphorus’s Services and a portal through which individuals can connect with Phosphorus and/or obtain any potential results from utilizing Our Services[A3] . IT IS NOT INTENDED TO BE, AND YOU UNDERSTAND AND AGREE THAT IT DOES NOT CONSTITUTE, THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR HEALTHCARE ADVICE IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, AND IS NOT INTENDED TO CONSTITUTE, AND YOU AGREE THAT IT DOES NOT CONSTITUTE, THE DOING OF BUSINESS IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF PHOSPHORUS OR ANY OF ITS AFFILIATED PARTNERS, AND DOES NOT CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATE OF NEW YORK.
This Website can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of New York, without regard to any principles of conflicts of law, will apply to all disputes, claims, or matters relating to the use of the Website. This agreement also applies to anyone claiming on your behalf.
For any questions or concerns regarding the Website or these Terms and Conditions, please contact us using the following contact information:
c/o Client Services
25 W 26th St.
New York, NY 10010