BODYBIO - TERMS & CONDITIONS

PLEASE READ THESE OFFICIAL TERMS & CONDITIONS OF SERVICE CAREFULLY.
THEY APPLY TO ALL ASPECTS AND COMPONENTS OF THE BODYBIO WEBSITE, ITS CONTENT AND RELATED INFORMATION.

IMPORTANT NOTICE: THE INFORMATION AND MATERIAL PROVIDED BY OR THROUGH BODYBIO (HEREINAFTER "BODYBIO INFORMATION"), WHETHER ON OR THROUGH YOUR USE OF THIS WEBSITE OR OTHERWISE, IS FOR PERSONAL, EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PRACTITIONER BEFORE USING OR ATTEMPTING TO USE BODYBIO INFORMATION.

BODYBIO INFORMATION INCLUDES A COMPILATION OF PUBLICLY AVAILABLE INFORMATION ABOUT MEDICAL ISSUES, BUT IS NOT, AND IS NOT INTENDED AS MEDICAL ADVICE, EITHER GENERALLY OR FOR INDIVIDUAL PROBLEMS. IT IS NOT INTENDED FOR MAKING AN EVALUATION AS TO THE RISKS AND BENEFITS OF TAKING A PARTICULAR MEDICINE OR FORM OF TREATMENT OR USING ANY NUTRITIONAL SUPPLEMENTS. FURTHER DISCLAIMERS AND INFORMATION ARE SET FORTH BELOW AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.

These terms and conditions regarding your use of BodyBio's Website constitute a legally binding Agreement ("Agreement") between you and BodyBio, Inc. ("BodyBio", "we", "us" or "our"). In this Agreement, the term "Website" includes all www.bodybioreport.com web pages, as well as any replacement, substitute or backup websites and web pages, controlled, owned or operated by or on behalf of BodyBio. The Website may also contain links to additional policies and terms which may apply to and form a part of these terms and conditions and your Agreement with BodyBio.

This Website is intended and made available only to users who are adult legal residents of the United States.  If you are still a minor where you reside or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using BodyBio's Website immediately. By using or attempting to use BodyBio's Website, you are agreeing to be legally bound by this Agreement.

The words "use" or "using" means any time an individual ("user"), directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, operate, display, view, print or copy content, transmit, receive or exchange data or communicate with BodyBio's Website, or in any way utilizes, benefits from or interacts with BodyBio's Website. This Agreement does not cover third party websites or any links which may direct your browser or your connection to third party websites or pages. This is the entire and exclusive Agreement between you and BodyBio regarding use of BodyBio's Website and it cannot be modified, except as specifically described in the Modification section (Section 3) below.

1. REGISTRATION

You will be required to register and provide BodyBio with certain information about you to allow you to use BodyBio's Website as a Member or if you order products or services or if you wish to transact any business or interact with BodyBio in any manner other than simply contacting BodyBio with a question about BodyBio's Website. You can visit BodyBio's Website and among other things, learn about BodyBio and its products and services. We make general information available on BodyBio's Website and you can find out how to contact BodyBio, all without your giving BodyBio any personally identifiable information.

During the course of registration, you will be asked to input detailed information, some of which will be personally identifiable and, if you elect to purchase a BodyBio Report, which will be health related. We will rely upon the information you provide BodyBio and it is your responsibility to keep the information which you provide to BodyBio current and up to date. You must give BodyBio accurate, truthful and complete information and update the information when changes occur. We cannot and will not be responsible for any problems or liability which may arise if you do not. Please read BodyBio's Privacy Policy which describes how BodyBio collects and uses your personal information.

You must take great care in entering and providing current, complete, truthful and accurate information about yourself ("User Information") to BodyBio. We cannot and will not be responsible for errors, incomplete, illegible, lost, mutilated, misdirected or inaccurate information, for electronic, facsimile or other transmission errors or failures of any kind which may result in inaccuracy, omission, deletion, defects or other errors in your information, or for any unauthorized access to or alteration of your information. We are also not responsible for any technical, network, communications, electronic, computer, hardware or software malfunctions or limitations of any kind, or for inaccurate transmissions or failure to receive complete or accurate information on account of technical problems or any other problems or errors that may arise outside BodyBio's control.

We require each user to have a unique user name and password combination to use BodyBio's Website. Your user name and password are personal to you and you may not allow others to use them. We are not liable for any harm caused or related to your disclosure or your authorization for anyone else to use them, nor for any theft or misappropriation of them. You are solely responsible for maintaining strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses you or we incur or may suffer if you fail to do so.  You agree to notify BodyBio immediately if there is or you believe there may have been unauthorized activity or any other security concerns regarding your user name or password, because you, and not BodyBio, remain solely responsible for activity, use and conduct on BodyBio's Website associated with your user name or password unless and until you notify BodyBio that your user name or password may have been compromised, misappropriated or improperly taken by another.

2. BODYBIO WELLNESS REPORT

The BodyBio Wellness Report is for informational and educational purposes only. BodyBio makes no guarantee or warranty concerning it. BodyBio disclaims any use of the report to attempt to diagnose, treat, cure, or otherwise provide healthcare services based upon it.

3. REFUND POLICY

All sales are final. Since the BodyBio Wellness Report is customized to your own personal blood chemistry, using your personal data, we cannot accept any returns nor give out any refunds.

4. MODIFICATIONS; TERMINATION

We reserve the right, at any time and from time to time, for any reason in BodyBio's discretion, to change the terms of this Agreement. We will post or display notices of changes on BodyBio's Website and we may also e-mail you about the changes. Once we post them on BodyBio's Website, these changes become effective immediately and if you use the Website after they become effective it will signify your Agreement to be bound by them. You should check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations which apply to you and the terms and conditions of your Agreement with BodyBio.  BodyBio will not be liable for existing Members not being aware of any changes to the terms of this Agreement.

We also reserve the right to suspend operation temporarily or even terminate or discontinue the Website completely at any time for any reason, without notice to you and/or to temporarily or permanently suspend, terminate or discontinue the offering, availability or sale of any products, goods and/or services at any time and from time to time, without notifying you. If, as a result of BodyBio's termination or discontinuance, you do not receive the BodyBio Report for which you have already paid, we have the right to refund the amount paid for the BodyBio Report, which is your sole and exclusive remedy hereunder. 


5. MATERIAL AND INFORMATION ON OUR WEBSITE

All Website content, information, including, without limitation, the BodyBio Reports we provide, as well as any and all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of BodyBio's Website, including, without limitation, the selection, sequence, the 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, (individually and/or collectively, "Material"), are the property of BodyBio, its affiliates, licensors or suppliers and are legally protected, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. When we use the term "Website" we also mean and include any and all of the foregoing "Material."

The Website is to be used only for your noncommercial and personal use. You must not alter, delete or conceal any copyright or other notices on BodyBio's Website, including notices on Materials you may download, transmit, print or reproduce from BodyBio's Website. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party or otherwise use any Material without the express prior written consent of BodyBio. Any unauthorized or prohibited use, including a violation of the terms of this Agreement, may subject you to civil liability or criminal prosecution.

6. NO MEDICAL OR OTHER PROFESSIONAL ADVICE IS PROVIDED

The Material accessible, available and/or contained in or through the BodyBio Website (even Material that may be provided by healthcare and nutrition professionals employed by or retained by BodyBio) is provided for informational purposes only and is not to be construed as medical or professional advice or licensed instructional material. No Material you access, obtain or we provide to you is intended or shall be construed or used as a substitute for the advice provided by your doctor or other qualified and licensed health care professional. You should not use the Material for preventing, diagnosing or treating a health problem or disease, or in determining whether or not to take or use any medication, including prescription and non-prescription, over the counter items.  Material, including information regarding dietary supplements, have not been evaluated by the Food and Drug Administration or any other governmental agency, unless specifically so stated.

All of the Material on or available through this Website is based upon the research and opinions of BodyBio, Inc., its suppliers and contractors and individual articles contain solely the opinions of the respective author who is solely responsible for its contents. The Material is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice, but is simply a mechanism to share knowledge and information from BodyBio's research and experience.

No action should be taken based solely on the Material. You should ALWAYS consult appropriate health professionals on any matter relating to your health and well being since no two individuals, nor their circumstances or health situation are ever identical and only a trained and qualified physician or health care professional with whom you consult can advise you with respect to your personal health status and any course of treatment or conduct. No Material, including the BodyBio Reports, are intended as specifically applicable to any individual's medical problems, concerns or needs, nor is any Material a substitute for professional medical advice, diagnosis or treatment. The Material presented is believed to be accurate and sound, but you should not rely on any Material for your health care needs or concerns. BodyBio cannot be and is not liable or responsible if you fail to consult with appropriate health care practitioners or for any use or misuse of Materials. If you choose to utilize any information provided by BodyBio, including any BodyBio Report, you do so solely at your own risk. ALWAYS seek the advice and guidance of a qualified health provider before starting, stopping or adjusting any treatment or medication you are using.

7. RULES OF CONDUCT

Your use of BodyBio's Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You may not use, allow, enable, condone or facilitate others to use the Website in any manner that is, attempts to, or is likely to:

  • be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
  • affect BodyBio adversely or reflect negatively on BodyBio, our Website, our goodwill, name or reputation or cause duress, distress or discomfort to BodyBio or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of BodyBio's Website;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so called "spamming";
  • be used for commercial or business purposes, including advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other Website or web pages;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
  • violate any laws, regulations, judicial or governmental order or treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Website, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with this Agreement;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of BodyBio's Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; or
  • collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of BodyBio's Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

We may terminate your use of and registration on BodyBio's Website, at any time if you violate any of the terms of your Agreement with BodyBio, without refund, without notice to you and without any liability or further obligation of any kind whatsoever.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THIS WEBSITE, AND ALL MATERIALS, INFORMATION AND PRODUCTS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL THE REPORTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. BodyBio is not liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website. As between you and BodyBio, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity and security, as well as use of any and all features and functions of BodyBio's Website, including BodyBio's Materials.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BODYBIO, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, NUTRITIONISTS, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE AND ALL MATERIALS, INFORMATION AND PRODUCTS OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO BODYBIO REPORTS AND/OR PRODUCTS SOLD OR OTHERWISE MADE AVAILABLE BY US OR ON OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Notwithstanding any claim that a sole or exclusive remedy fails in [of] its essential purpose, you specifically acknowledge and agree your sole and exclusive remedy for any loss or damage shall be to have BodyBio, upon written notice from you to BodyBio, attempt to repair, correct or replace any deficient reports, products or services and, if repair, correction or replacement is not reasonably commercially practicable for BodyBio, to refund any monies actually paid by you for the report or product involved and to terminate and discontinue your use of the Website.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

9. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability or your use of hyperlinks or any form of link or re-direction of your connection to, with or through BodyBio's Website, does not constitute an endorsement, nor incurs any obligation, responsibility or liability by BodyBio. BodyBio does not verify, endorse, or have any responsibility for such third party websites, nor for any information, products, goods or services associated with or obtained in connection with any such website. The use of hyperlinks to third party sites by you will follow the same procedures as outlined in MATERIAL AND INFORMATION ON OUR WEBSITE Section 4 above.

10. INDEMNIFICATION

You agree to indemnify, defend and hold BodyBio, its affiliates, and its and their respective officers, directors, employees, nutritionists, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you. BodyBio reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with BodyBio in the defense of any such claim, action, settlement or compromise negotiations, as requested by BodyBio.

11. LAW THAT APPLIES; MISCELLANEOUS TERMS

The Website is operated by or on behalf of BodyBio in the United States and is intended solely and exclusively for adult residents of the United States, its territories and possessions. This Agreement, together with BodyBio's Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are incorporated by this reference, contains the entire understanding and Agreement between you and BodyBio and supersedes all prior or inconsistent understandings relating to the Website and your use of the Website. If any provision of this Agreement is held illegal, invalid or unenforceable, this will not affect any other provisions and any provision which must survive to allow BodyBio to enforce its meaning shall survive termination of this Agreement. You agree that no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Website is governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts made, executed and wholly performed in New Jersey, and you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. Even if it may be applicable, you agree with BodyBio to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF OUR WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

12. PATIENT AUTHORIZATION FOR USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION

I authorize my health care providers, including BodyBio Incorporated (BBI), its physicians and its staff, and University Services, its physicians and its staff and the laboratories that run medical tests for me to use and/or disclose certain protected health information about me to BodyBio and its affiliates for the purposes state below.

This authorization applies to the following protected health information about me: the laboratory requisition submitted by BBI and the laboratory test values which are the result of the laboratory test(s) requested in the requisition.

For avoidance of doubt, I specifically authorize the transfer of this information between and among myself and the following individuals, organizations and their representatives: i) BBI, ii) University Services staff and physician of record, iii) referring healthcare professional’s staff denoted by coupon code used during order, and iv) the reference laboratory of record.

I understand that University Services physician of record may be required to receive my lab test results before I do, and that this physician’s authorization to release those results to BBI may also be required before I receive my results. I also understand that my results may be released to the referring healthcare professional denoted by coupon code used during order.

The protected health information will be used or disclosed for the sole purpose of complying with the state and federal laws which may require a physician or their agent to: 1) review and approve a laboratory requisition; and 2) review the laboratory test results. This review may be conducted for any reason, including in the event laboratory values, which are outside of normal ranges, require the physician or its agent to contact me.

The purposes outlined above are provided so that I can make an informed decision whether to allow release of the information to the parties referenced in this authorization. This authorization will expire one year after the date of this authorization.

I understand that I have a right to receive a copy of this authorization. I understand that the sole purpose of the laboratory test is to generate the results of the tests that I and the Health Service Affiliate(s) have requested, and the laboratory tests will not be requisitioned unless I approve this authorization by completing this order. I have the right to refuse to agree to this authorization by exiting this order immediately. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. My written revocation must be submitted to the privacy officer at:

University Services
10551 Decatur Road, Suite 200
Philadelphia, PA 19154

Or

BodyBio Inc.
45 Reese Road
Millville NJ, 08332

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