PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SUBMITTING YOUR MEDICAL INFORMATION. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not submit your medical information.
- Acceptance of Agreement. By submitting your genetic results and relevant medical information, you agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (the “Agreement”) with respect to Swanson Health Center and Swanson Health Center DBA Nutrition Genome (collectively the “Provider”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to com (the “Site), the content or services provided by or listed by the Provider, and the subject matter of this Agreement. The terms and conditions set forth in this Agreement may be amended by us at any time and at any frequency. The latest version of the Agreement will be posted on the Site, and you should review the then posted version of this Agreement each time prior to using the Site.
- The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
- Deletion and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
- You agree to agents, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Waiver of Liability. You expressly agree to waive any liability of the Provider, arising under this Agreement or otherwise, in connection with any information provided by a third-party, or any interpretation or manipulation there of provided by the site or the provider.
- THE INFORMATION PROVIDED THROUGH NUTRITION GENOME IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NUTRITION GENOME ASSUMES NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SERVICE OF THE SITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD NOT RELY ON ADVICE RECEIVED VIA THE SERVICE FOR MEDICAL, LEGAL OR FINANCIAL DECISIONS. ALWAYS CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR SITUATION. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY FOR YOUR USE OF ANY INFORMATION OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
- All responsibility or liability for any damages caused by viruses contained within the electronic files on the site or emailed is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site.
- Anonymous Data Collection. The Provider reserves the right to store medical data anonymously for various purposes including strengthening correlations between single nucleotide polymorphisms (SNP’s) and health disorders. The results of this anonymous data may be used by third parties for further research and the Provider may transmit such informational data to third parties without any further consent from you.
- All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site, and that any services obtained by you through such use, shall be litigated in the Superior Court of Orange County, California or the United States District Court for the Central District of California as applicable. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Orange County, California or the Central District of California is an inconvenient forum or an improper forum based on lack of venue. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Effective Date May 31st, 2016.