Terms of Use 

Effective date: October 1, 2018

Welcome to Phosphorus.com. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, including without limitation, our coordination testing, testing results, research activities, and counseling (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@phosphorus.com, 1-855-746-7423, Phosphorus, Inc., c/o Client Services PO Box 4668, PMB 29926, New York, NY 10163.

These Terms of Use (the “Terms”) are a binding contract between you and Phosphorus, Inc. (“Phosphorus,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy PolicyHIPAA Privacy Notice and Copyright Dispute Policy, and any applicable consent forms and additional agreements between you and Phosphorus.


Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Phosphorus.com website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.


What about my privacy?

Phosphorus takes the privacy of its users very seriously. For the current Phosphorus Privacy Policy, please click here and for the current HIPAA Privacy Notice click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@phosphorus.com or 855-746-7423.


What are the basics of using the Services?

You may be required to sign up for an account, and select a password and user name (“Phosphorus User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Phosphorus User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Phosphorus);

  2. Violates any law or regulation, including any applicable export control laws;

  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  4. Jeopardizes the security of your Phosphorus account or anyone else’s (such as allowing someone else to log in to the Services as you);

  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;

  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  9. Copies or stores any significant portion of the Content;

  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.


Are there any medical risks for using the Services?

PHOSPHORUS IS NOT A MEDICAL PROVIDER. FOR MEDICAL EMERGENCIES, 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.

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 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 the Services, 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. You should not change your health behaviors solely on the basis of information provided by or through us. PHOSPHORUS IS NOT A MEDICAL PROVIDER. THE SERVICES ARE NOT INTENDED TO BE, AND YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT CONSTITUTE, THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR HEALTHCARE ADVICE IN ANY JURISDICTION. 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, as set forth in our Privacy Policy. The tests involved in some of the Services 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 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. You 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.

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.

Any clinical information or provider outreach opportunities contained within the “Phosphorus Diagnostics” section of the Services 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.


What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Phosphorus’s) rights.

You understand that Phosphorus owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!


Do I have to grant any licenses to Phosphorus or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Phosphorus a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Phosphorus account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Phosphorus the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant Phosphorus the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Phosphorus the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Phosphorus users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Phosphorus’s business for any purpose, provided that Phosphorus will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide provided that when you delete your Phosphorus account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Phosphorus’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Phosphorus, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.


What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Phosphorus, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.


Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Phosphorus. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Phosphorus is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Phosphorus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Phosphorus will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Phosphorus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Phosphorus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Phosphorus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."


Will Phosphorus ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.


Does the Services cost anything?

You understand that certain of our Services are subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. 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.


What if I want to stop using the Services?

You’re free to do that at any time, by contacting us at info@phosphorus.com or 855-746-7423; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Phosphorus is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Phosphorus has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Phosphorus.

If you have deleted your account by mistake, contact us immediately at info@phosphorus.com or 855-746-7423 – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.


What else do I need to know?

Warranty Disclaimer.

Neither Phosphorus nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Phosphorus or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PHOSPHORUS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PHOSPHORUS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.

You agree to indemnify and hold Phosphorus, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Phosphorus’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: PO Box 4668, PMB29926, New York, NY 10163. If you do not notify us in accordance with this section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iv) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this section. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this section within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this section, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Phosphorus may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Phosphorus agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Phosphorus, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Phosphorus, and you do not have any authority of any kind to bind Phosphorus in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Phosphorus agree there are no third party beneficiaries intended under these Terms.