Service Token Purchase Agreement
This Service Token Purchase Agreement (this "Agreement") is effective as of the last date of the signatures below ("Effective Date") between _____________________, resident at _______________________("Purchaser") and My Personal Therapeutics, LLC a Delaware entity with principal offices at Almoayyed Tower, Office 2109 Manama, Kingdom of Bahrain ("MPT"). Each of Purchaser and MPT may be referred to as a "Party" or, together, as "Parties".
WHEREAS, Purchaser desires to purchase a Service Token (as defined below) from MPT which can be used to reserve or obtain the PDP Services as further described below; and
WHEREAS, MPT desires to sell Purchaser a Service Token and provide the PDP Services on the terms and conditions set forth herein.
NOW, THEREFORE, the Parties, each intending to be legally bound, do agree and contract to the following:
VIP and Standard Service Tokens.
Purchaser has agreed to purchase either a VIP Service Token or a Standard Service Token (as described below) (a VIP Service Token or a Standard Service Token may each be referred to herein as a "Service Token") for the purchase price specified below. The purchased Service Token may be used to obtain the PDP Services from MPT, subject to the provisions of this Agreement.
The purchase price for a VIP Service Token shall be $50,000 USD, payable upon execution of this Agreement. A VIP Service Token may be used to secure a specific time for initiation (a "PDP Reservation") to obtain PDP Services beginning on March 1, 2018.
The purchase price for a Standard Service Token shall be $50,000 USD, with $5,000 payable upon execution of this Agreement and the balance payable upon confirmation of a PDP Reservation. The Standard Service Token may be used to make a PDP Reservation and obtain the PDP Services beginning on March 1, 2019. MPT may, in its sole discretion, reduce the price of the Standard Service Token by providing Purchaser written notice prior to the date on which the balance of the purchase price is due hereunder.
PDP Reservations are made on a "first come, first serve" basis among holders of Service Tokens; provided, that holders of VIP Service Tokens shall have priority over holders of Standard Service Tokens.
The purchase price paid by Purchaser for Service Tokens hereunder is non-refundable. Service Tokens do not expire. In the event that Purchaser or his or her Authorized Participant is not suitable for PDP Services, the Service Token may be made available to a different Authorized Participant, as discussed in further detail in Section 2(c)(ii) below.
Description of PDP Services.
Upon delivery to MPT of a Service Token as specified in Section 1, and provided that the Participant (as defined in Section 2(b)) has complied with the terms and conditions of this Agreement, MPT will initiate and conduct the Personal Discovery Process ("PDP") Services. In conducting the PDP Services, MPT identifies multiple mutations from the genomic sequencing data derived from the Participant's tumor. These mutations are engineered as an avatar model of the Participant's tumor that is used to evaluate the mutations against a panel of drug candidates to determine whether certain drugs or drug combinations ("Candidate Drugs") may provide a survival benefit in such avatar model. The PDP Services may produce a result where more than one combination of Candidate Drugs may provide a survival benefit in the avatar model. In many cases, the Candidate Drugs may include a drug that has not been approved by the FDA to treat cancer. Additionally, the PDP Services may not provide any useful results or findings at all for the Participant. Each Participant's PDP Services will be unique to the circumstances of the Participant, taking into account the genetic profile of the Participant as well as the genetic profile of the Participant's tumor and other factors affecting such Participant. As part of the PDP Services, MPT will provide the Participant with information as to whether any drugs or Candidate Drugs provided a survival benefit in the avatar population or information that MPT was not able to identify a drug or Candidate Drugs providing such a benefit, as well as any other information from the PDP Services that MPT believes may be useful to the Participant (collectively, the "Results"). The PDP Services may include access to MPT's software and websites, and will be subject in all respects to the Participant's compliance with this Agreement.
Use of PDP Services.
Limitations of PDP Services. Notwithstanding anything to the contrary in this Agreement, Purchaser acknowledges and agrees that:
The PDP Services are custom science, applied to potentially unique individual circumstances. There is no guarantee that the PDP Services will lead to any Results with respect to a particular avatar population. There is no guarantee that any given PDP Services will be completed within a set time frame, although MPT estimates that the PDP Services will take approximately 8 months from the date of PDP Initiation.
The PDP Services may not be appropriate for all individuals diagnosed with cancer. The PDP Services rely on genetic information to create an avatar population for drug screening. If factors other than genetic changes are believed to be involved in an individual's tumorigenesis – the process by which a cancer progresses – then that individual will not be suitable for the PDP Services. Similarly, if an individual's genetic changes cannot be effectively reproduced in an avatar model, then the PDP Services cannot be conducted for that individual. In cases where Purchaser or an Authorized Participant has delivered a Service Token to MPT in return for the PDP Services and otherwise complied with the terms and conditions herein, but MPT determines that the Participant is not a suitable candidate for the PDP Services because of the factors discussed above, then Purchaser may authorize a replacement Authorized Participant from his or her White List to obtain the PDP Services.
The PDP Services, including the identification of Candidate Drugs, if any, are not intended for any diagnostic purpose and are not a substitute for the advice of a health care professional.
MPT does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs (including, but not limited to Candidate Drugs), medical devices or other products, procedures, opinions, or other information that may be mentioned on our website.
Terms and Conditions.
Purchaser acknowledges and agrees that the Participant shall not be eligible to obtain the PDP Services, and MPT shall not have any obligation to perform the PDP Services, unless and until the Participant complies with the following requirements:
Provides MPT with certain genetic data generated through whole exome sequencing of their tumor and blood samples, meeting the minimum sequencing criteria, as specified by MPT on its website. The Participant may provide such sequencing data directly to MPT or authorize his or her health care professional to provide MPT with such data; and
Delivers to MPT either a VIP Service Token or a Standard Service Token and, in the case of a Standard Service Token, pays the full purchase price for the PDP Services, less the $5,000 price paid for the Standard Service Token as set forth in Section 1; and
If the Participant is not the Purchaser, delivers to MPT an executed version of this Agreement agreeing to be bound by the terms hereof; and
Once the Participant has completed the above requirements, the Participant may make a PDP Reservation.
Purchaser shall indemnify, defend and hold harmless MPT, its subsidiaries and affiliates and each of their officers, directors, shareholders, attorneys, consultants, agents, contractors, partners, employees, successors, and assigns ("Indemnitees") from and against any claim, action, or demand or any other loss or liability incurred by any Indemnitee (including without limitation reasonable attorneys' fees and expenses), arising out of or in connection to this Agreement, including, but not limited to, Participant's disclosure to a third party of the Results or other information provided by MPT to Participant hereunder, or any unauthorized transfer of a Service Token.
Participant shall have no rights in or to the Results or any portion of the PDP Services. The PDP Services, including, but not limited to the data, analysis, compilation and Results shall be the sole property of MPT, together with any ideas, information, discoveries, inventions, and improvements, whether or not patentable or capable of copyright or trademark registration which are created, developed or conceived by MPT as a result of the PDP Services.
Participant shall not be entitled to any compensation or other financial benefit as a result of the PDP Services.
Participant shall not acquire any rights in any products that may be developed by MPT or its collaborating partners as a result of the PDP Services.
Disclaimer of Warranties
PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (1) THE USE OF THE PDP SERVICES ARE AT HIS OR HER SOLE RISK; (2) THE PDP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (3) MPT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (4) MPT MAKES NO WARRANTY THAT (a) THE PDP SERVICES WILL MEET HIS OR HER REQUIREMENTS; (b) THE PDP SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PDP SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF THE PDP SERVICES OR INFORMATION OBTAINED THROUGH THE PDP SERVICES WILL MEET HIS OR HER EXPECTATIONS. MPT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM THE PDP SERVICES.
Limitation of Liability
PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL ANY OF THE INDEMNITEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (I) THE USE OR INABILITY TO USE THE PDP SERVICES OR RESULTS OR INFORMATION AVAILABLE THROUGH THE PDP SERVICES, OR (II) ANY OTHER MATTER RELATING TO THE PDP SERVICES, IN EACH CASE EVEN IF ANY OF THE INDEMNITEES HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
Notices shall be delivered via email, regular mail with return receipt requested, or by reputable express courier to the addresses set forth in this Section 8. MPT may also provide notice of changes to this Agreement or other matters by displaying notices or links to notices to Purchaser or any Participant generally on or through its website. Notices to Purchaser (or any Participant) shall be sent to Purchaser's address on file with MPT, and each Participant shall be responsible for providing MPT current address details. Notices to MPT shall be sent to:
My Personal Therapeutics, [Inc.]ATTN: Chief Legal and Regulatory OfficerAlmoayyed TowerOffice 2109 Seef District ManamaKingdom of Bahrain
With a copy, which shall not constitute notice, to:
My Personal Therapeutics, [Inc.]56 Bradbourne St London SW63TE United Kingdom
Any notices provided without compliance with this Section on Notices shall have no legal effect.
Applicable Law and Arbitration. The interpretation of this Agreement and the resolution of any disputes arising out of or relating to this Agreement ("Disputes") shall be governed by New York law regardless of Purchaser or the Authorized Participant's, as applicable, country of origin or where MPT Services are accessed, and notwithstanding any conflicts of law principles. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in New York in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Waiver. The failure of any Party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment. Subject to Section 2(b), neither Purchaser nor any Authorized Participant may assign or delegate any rights or obligations under this Agreement without MPT's prior written consent. Any purported assignment and delegation without such consent shall be ineffective. MPT may freely assign or delegate all rights and obligations under this Agreement, without notice.
[Remainder of page intentionally left blank. Signature page follows.]
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date.
MY PERSONAL THERAPEUTICS, LLC
By: Date: ______________Name: Laura Towart Title: Founder, Managing Director
Effective Date: December 19, 2017.
Your Use of the PDP Services
You are also responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You will be fully responsible for all activities that occur under your Account, including activities of others to whom you have provided your username or password so please notify us immediately of any unauthorized use of your Account or any other breach of security.
Entry of Information
Please be advised that before we can provide the PDP Services, you may be asked to provide intake forms which request personal information, such as medical and demographic information (“Personal Information”). The requested information may include, but is not limited to, age, ethnicity, diagnosis, disease history, medical test results, medical treatments, genetic information and data and previous responses to treatments.
You will also be asked to provide an email address so that we may contact you about the PDP Service.
Personal Information collected through the PDP Service will be stored on a secure server and subject to applicable laws, rules, regulations, and guidelines relating to the handling of Personal Information.
You are responsible for providing accurate and complete Personal Information in order to allow provision of the PDP Services. The PDP Services will depend on the accuracy and completeness of the Personal Information that you submit. Accordingly, you hereby certify that all information you provide in the PDP Service will be accurate and complete to the best of your knowledge.
Access of Information
The PDP Service is provided as an information resource only. Any information you obtain from using the PDP Service is not intended to be used by you for any diagnostic or treatment purposes. The PDP Services does not create a patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. Please consult your healthcare provider before making any healthcare decisions.
You agree not to access the PDP Services from insecure mobile devices, PCs or laptops, such as public internet kiosks found at airports and public libraries. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access the PDP Services, including up-to-date virus protection on PCs. You understand that if you print any Personal Information, there is a risk that the Personal Information might be inappropriately disclosed, and MPT cannot protect the security of printed documents. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, this Web site or the PDP Services.
You must be at least 18 years of age to use the PDP Services.
modify or copy the materials;
use the materials for any commercial purpose, or for any public display or distribution (commercial or non-commercial);
attempt to decompile or reverse engineer any portion of the PDP Services;
use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the PDP Services;
incorporate links to the PDP Services or frame any elements of the PDP Services within any other website;
remove any copyright or other proprietary notations from the materials;
obtain unauthorized access to any computer system through the PDP Services;
introduce viruses, worms, Trojan horses and/or harmful code to any of the PDP Services;
interrupt or attempt to interrupt the operation of the PDP Services in any way; or
transfer the materials to another person or “mirror” the materials on any other server.
This license, which includes without limitation all rights granted by MPT in this Section 5, shall automatically terminate if you violate any of these restrictions. Further, MPT may terminate all your rights under this Section 5 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use of Your Personal Information
By creating an Account, you hereby grant and will grant MPT and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your de-identified or aggregated Personal Information in connection with research and commercial purposes, including but not limited to development, operation, advertising or marketing of the PDP Services, in any form now known or later developed.
All materials and information available through the PDP Services are the sole and exclusive property of MPT and its affiliates, suppliers or licensors (the “MPT Entities”), and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of MPT, including without limitation “MPT” and the MPT logos, and “Personal Discovery Process” are trademarks and service marks owned by MPT. Any other trademarks, service marks, logos and/or trade names appearing via our PDP Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. If you provide us with any suggestions for improvements to our PDP Services or relating to any prospective products or PDP Services, be aware that any comments or suggestions you make to MPT are non-confidential and become the property of MPT, and you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or PDP Services incorporating such suggestions, without acknowledgment or compensation to you.
Entry of Financial Information
Financial Information requested of you may include payment data, (e.g., credit card numbers, expiration dates, identification numbers, billing addresses, etc.) that you provide to us via our payment entry system as part of the PDP Services. Such Financial Information will be safeguarded and will only be accessed by authorized MPT employees or contracted third parties who provide PDP Services to MPT. For your security, our website is encrypted by using secure socket layer (“SSL”) encryption technology, employing a 128-bit encryption system.
When you pay for PDP Services by credit card, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred by purchasing the PDP Services. You agree that we may transfer your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the PDP Services.
Scope of PDP Services
You are responsible for obtaining any equipment and Internet service necessary to access the PDP Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the PDP Services in whole or in part, at any time and for any reason, without notice. The PDP Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
USE OF THE PDP SERVICES IS VOLUNTARY. MPT AND THE PDP SERVICES ARE NOT OFFERING MEDICAL ADVICE AS PART OF YOUR USE OF THE PDP SERVICES. MPT DOES NOT PROVIDE ANY MEDICAL REFERRALS OR DIAGNOSES FOR ANY MEDICAL CONDITIONS. MPT MAKES NO GUARANTEES OF SUCCESS OR FAILURE IN ANY COURSE OF TREATMENT TO WHICH YOU MAY CONSENT AFTER YOUR USE OF THE PDP SERVICES. IF YOU HAVE ANY QUESTION RELATED TO YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROVIDER.
The PDP SERVICES AND THE materials AVAILABLE THROUGH THE SERVICE are provided ON AN “as is” AND “AS AVAILABLE” BASIS AND USE OF THE PDP SERVICES IS AT YOUR OWn RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPT AND THE MPT ENTITIES make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or ANY other violation of rights.
Further, WITHOUT LIMITING THE FORGOING, MPT, AND THE MPT ENTITIES do not warrant or make any representations concerning the accuracy, likely results of the use, or reliability of the materials AVAILABLE THROUGH THE PDP SERVICES. MPT DOES NOT WARRANT THAT (A) THE FUNCTIONS OR PDP SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY THE PDP SERVICES WILL BE EFFECTIVE, ACCURATE, RELIABLE, TIMELY, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS; THAT (B) THE PDP SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPT DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY WHATSOEVER RESULTING FROM THE PROVISION OF ANY PERSONAL INFORMATION TO THE PDP SERVICES OR ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR PERSONAL INFORMATION. MPT MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PDP SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF PERSONAL INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF.
By using the PDP Services you agree to release, discharge and hold harmless MPT and the MPT Entities from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the PDP Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
Revisions and Errors
The materials available through the PDP Services could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the PDP Services from time to time, though we are not obligated to do so. MPT does not warrant that any of the materials available through the PDP Services are accurate, complete, or current.
Communications with Us
We cannot guarantee the confidentiality of any communication or material transmitted to us via the PDP Services or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) or information about your health status, in any e-mail that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the PDP Services or via electronic mail. If you choose to send us any information via the PDP Services or via e-mail, you do so solely at your own risk.
We make no representation that information provided by the PDP Services is appropriate or available for use outside the United States. Those who choose to access the PDP Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations. By using the PDP Services, you consent to having any information you provide to us transferred to and processed in the United States.
Governing Law; Enforcement
Any claim relating to the PDP Services, or your interactions with us through the PDP Services, shall be governed by the laws of the State of New York without giving effect to any of its provisions that would cause the laws of another jurisdiction to apply.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if MPT has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
MPT and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice to My Personal Therapeutic should be addressed to 8 E 96th Street, 15B NY NY 10128 (‘Arbitration Notice Address’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If MPT and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or MPT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MPT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MPT is entitled.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MPT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MPT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if MPT makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the PDP Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Copyright © 2017 My Personal Therapeutics, LLC. All Rights Reserved.
Effective as of: December 19, 2017
In order to maximize your visit to our Site and to provide you with valuable health and disease state information, we may ask you for certain information. MPT maintains your Personal Information in adherence with this Policy.
Personally Identifiable Information. Personally Identifiable Information (“PII”) is information MPT collects that uniquely identifies the User. This information may include name, email address, phone number, date of birth, health and other personal information and credit card information, as well as other information User may choose to share while interacting with MPT on the Site or through other means of communication. While your IP address may not be considered PII on its own, when it is combined with certain other identifiers, it may become PII.
Non-personally identification information. Non-Personally Identifiable Information (“Non-PII”) is information that MPT collects, which cannot be used on its own to identify any individual person. Non-PII may include the browser name, the type of computer and technical information about Users means of connection to the Site, such as the operating system, the internet service provider’s utilized websites visited and other similar information.
Personal Information. Personal Information is all PII, Non-PII and all other information you provide or that we collect or gather from you.
Third-Party. Third Party means a business that is not MPT or a Partner.
Partner. Partner means a business that MPT, or any subsidiary or affiliate works with to maintain or improve the Site, or who may provide services on our behalf, such as credit card processing companies or email service providers. MPT partners may also include those who are collaborating with MPT in conducting research and analysis on various health issues such as pharmaceutical manufacturers, clinical research entities, educational institutions, insurance companies, and data processing companies as well as those partners collaborating with MPT on commercializing the results of MPT services.
Collection of Information
MPT is the owner of the Personal Information collected on this Site or provided by Users through this Site.
Collection of PII.
MPT may collect PII from Users in a variety of ways, including, but not limited to, when Users visit the Site, register on the Site, purchase an MPT service or product, fill out a form, and in connection with other activities, services, features or resources MPT makes available on the Site. Users may be asked for, as appropriate, name, health information, email address, mailing address, phone number and credit card information. Users may also authorize a Third Party to send MPT Personal Information on the User’s behalf. In this case, the User represents and warrants that he/she has authorized the release of Personal Information to MPT in accordance with all applicable laws.
Users may voluntarily provide MPT with PII. Users can always refuse to supply PII, except that it may prevent them from engaging in certain Site related activities. Users can browse the Site without revealing any PII; however, once User provides MPT with PII, User ceases to be anonymous to MPT. If User chooses to provide MPT with PII, User consents to the transfer and storage of that information on MPT servers. MPT may collect and store the following PII:
(a) Email address, physical contact information, and shipping, billing and other information User provides to purchase the services offered by MPT;
(b) Clicks and page information such as the address (or URL) of the web site that User came from before visiting the Site, which pages User visits on the Site, which browser User used to view the Site and any search terms User entered on the Site;
(c) Other information from User’s interaction with the Site, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address and standard web log information;
(d) Information User chooses to provide through the linking of devices where User is actively choosing to share personal information, including health information, to interact with an application or program hosted on the Site;
(e) Information User chooses to allow MPT access to through social media channels; and
(f) Information from other companies, such as demographic and navigation data.
Children’s Online Privacy Protection Act. This Site is not directed at children under the age of 18 and does not knowingly collect PII from children under the age of 18. We strongly recommend that children under the age of 18 ask for their parent's or guardian's permission before viewing our Site. Should you, as a parent or legal guardian of a minor, become aware that a user who is under the age of 18 has provided MPT with PII without the consent of a legal guardian, please contact us at the address below to have such account, and the information associated with it, removed. To delete your account, you can send an email, with the subject line, “Delete My Account,” to or you can send mail to My Personal Therapeutics, Inc., Attn: Chief Legal and Regulatory Officer, Almoayyed Tower, Office 2109, Seef District Manama, Kingdom of Bahrain.
How MPT Uses Collected Personal Information.
To personalize user experience. MPT may use information in the aggregate to understand how Users as a group use the information, services and resources provided on the Site.
To improve the Site or Services. MPT continually strives to improve the Site offerings based on the information and feedback received from Users.
To improve customer service. User information helps MPT to more effectively respond to customer service requests and support needs.
To process transactions. MPT may use the information Users provide about themselves when placing an order only to provide service to that order. MPT does not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails. Email addresses provided by Users for order processing will only be used to (i) send information and updates pertaining to such order; (ii) respond to inquiries, and/or other requests or questions. If User elects to opt-in to MPT’s mailing list, User will receive emails that may include MPT news, updates, related product or service information, etc. If at any time User desires to unsubscribe from MPT’s mailing list, MPT includes detailed unsubscribe instructions at the bottom of each email or User may contact MPT at firstname.lastname@example.org.
For Research. MPT may disclose your information in de-identified or aggregate, anonymized form to our Partners.
Sharing User Information
MPT does not sell, trade, or rent Users’ PII to others. MPT may share de-identified information and generic aggregated demographic information not linked to any PII regarding visitors and users with our Partners for the purposes outlined above. We may work with Partners to help us with general research, to operate our business and the Site, or administer activities on our behalf, such as sending out newsletters or surveys, or to assist in providing financial or operational activities on MPT’s behalf.
MPT may also disclose your PII to Third Parties under the following limited circumstances: (i) when required by law, regulatory or legal process, which may include exchanging information for the purpose of fraud protection; (ii) when necessary to protect and defend the rights or property of MPT; or (iii) when necessary to protect the personal safety of MPT website users and customers.
How MPT Protects User Information
MPT has reasonable security measures in place to protect against the unauthorized access, alteration, disclosure, loss, misuse, or destruction of your Personal Information, username, password, transaction information and data stored on our Site or under our control. We safeguard the security of the data you send us with physical, electronic, and other procedures. Sensitive and private data exchange between MPT and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
As no data transmission over the Internet is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers (“strong passwords”), and use a secure browser. Because no physical or electronic security is impenetrable, by using MPT, you agree to assume all risks in connection with the information sent to us or collected by us when using MPT.
Third Party Websites
Now and in the future, Users may find advertising or other content on the Site that links to the sites of MPT’s partners, suppliers, advertisers, sponsors, licensors and other third parties (“Third Party Sites”). MPT does not control the content or links that appear on Third Party Sites and MPT is not responsible for the practices employed by Third Party Sites. In addition, Third Party Sites, including their content and links, may be constantly changing.
Third Party Sites may have their own privacy policies and customer service policies. Web browsing and interaction on any website, including Third Party Sites, is subject to the terms and policies of such sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every website that collects PII. This Policy applies solely to information collected by our Site and does not cover information collected elsewhere, including without limitation on websites linked to from the Site.
Updating or Correcting Your User Information
A User may review, request corrections, ask that we delete, or refuse further collection or use of the PII that MPT collects. The User may do this by contacting MPT using the contact information provided at the end of this document.
Opting Out of Communications, Do Not Track
Email Opt-Out. If you prefer that we not disclose PII about you to Third Parties for advertising or marketing purposes, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out of receiving these communications by specifically telling us to stop sending them to you. On every marketing email you receive from MPT, other than those sent by Providers, we will provide you with a link to opt out of future emails by clicking the “Unsubscribe” link in the header or the footer. We will generally be able to give effect to your withdrawal on 30 days’ notice. If you wish to opt out of disclosures to Third Parties, you may email your request to MPT at email@example.com.
Do Not Track. There are many tools you can use to manage how MPT and other parties can monitor your activity on our Site and elsewhere on the Internet. One option is by using “Do Not Track,” a voluntary program among commercial website operators and online services that is intended to give users the ability to opt-out of such tracking. We do not currently take actions to respond to Do Not Track signals because there is no uniform definition as to what constitutes a Do Not Track signal, no technological standard with regard to how to respond to any such signals, and no consensus as to what adherence to Do Not Track entails.
How You Can Protect Your User Information
MPT recommends that Users take the following precautions to safeguard data:
Keep computer software up to date with the latest browser and anti-virus security software.
Be aware of increasingly common email scams that may use email addresses and ask for personal or sensitive information. Always be cautious when opening links or attachments from unsolicited third parties. Also know that MPT will not send you emails asking for your credit card number, social security number or other PII. So if ever asked for this information, understand that such solicitation is not from MPT.
Only use “strong password,” or those with number, letter, and special character combinations.
Do not share your username, password, or other account information with anyone.
Limitation of Liability for Privacy