NutriLiv Terms and Conditions of Use
Effective Date: October 28, 2024
Welcome to NutriLiv. These Terms and Conditions of Use apply and govern your use of our website and mobile application (the “App”) and are established to foster a responsible and informed user community. By using NutriLiv, you are agreeing to all the terms and conditions below.
Personalized Medicine, LLC and any successor entity (referred to throughout as “NutriLiv,” “we” or “us”), offers a variety of content and services through the NutriLiv website and App (collectively, the “Services”).
PLEASE NOTE THAT SECTION 13 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND NUTRILIV WILL BE RESOLVED AND YOU ARE URGED TO REVIEW IT THOROUGHLY. BY CREATING AN ACCOUNT, USING, OR ACCESSING THE SERVICES IN ANY WAY (INCLUDING WITHOUT CREATING AN ACCOUNT), YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU DO NOT ACCEPT OR AGREE WITH ANY PORTION OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Please feel free to contact us through our Support Team if you have any questions or suggestions.
1. Use of the Services and Your Account
1.1 Who can use the Services
You must be at least 18 years old to use the Services.
Use of the Services is restricted to individuals who are 18 years of age or older (except where modified by the International Terms section for certain jurisdictions). The Services are not intended for use by anyone under the age of 18, and such individuals are prohibited from providing any Personal Data (as defined in the Privacy Policy) or submitting Personal Data through the Services, including but not limited to their name, address, telephone number, or email address.
1.2 Your Account
Access to the Services may require you to establish a NutriLiv account. It is essential that you maintain current and accurate information in your account profile, especially your email address. In the event you need to recover your password, your registered email address serves as the primary means for us to verify your identity and restore your account access.
Creating a NutriLiv account may be required to access various features of our Services. Once established, your account credentials may automatically extend to new Services as they become available.
During the account registration process, you must submit accurate and complete information as requested in the registration forms. It is your responsibility to keep this information current. Failure to maintain accurate account information may cause Service disruptions and prevent us from delivering important notifications to you.
You bear sole responsibility for protecting your account credentials and for all activities that occur under your account. Should you become aware of or suspect any unauthorized access to your account or password compromise, you must immediately contact our Support Team. NutriLiv accepts no liability for any losses resulting from unauthorized access due to failure to safeguard your username and password.
If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.
1.3 Service Updates, Changes and Limitations
The Services undergo continuous development and improvement. As we introduce new products, capabilities, and features, we reserve the right to modify, set limitations on, or occasionally discontinue or temporarily suspend certain aspects of the Services. Additionally, proper functionality of the Services may depend on your installation of periodic updates as they become available.
The Services are dynamic, and both their functionality and presentation may be modified without advance notification.
We deliver updates and improvements to the Services at our discretion, which may include automatic installations of upgrades, feature enhancements, bug fixes, patches, and error corrections (collectively, "Updates"). The proper operation of certain Service features may require the installation of all applicable Updates. By using the Services, you acknowledge that some features may not function correctly if Updates are not installed, and you consent to automatic Update installations. You further acknowledge that these Terms (including any subsequent modifications) govern all Updates to the Services. We retain the right to alter, pause, or terminate any aspect of the Services at our discretion, including but not limited to products, features, databases, or Content availability. Furthermore, we make no commitment to maintain any particular feature or functionality, nor to provide Updates. We also reserve the right to implement usage limitations or restrict access to any portion of the Services without prior notice or incurring any liability.
1.4 Service Monitoring and Suspension
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.
While not obligated to do so, we maintain the right to oversee any accounts and activities conducted in connection with the Services, including community or group interactions, as well as monitor users' access to and handling of Personal Data and other users' profiles.
Your account access and Service privileges may be discontinued, suspended, or terminated under the following circumstances: (1) when we determine, at our exclusive discretion, that you have violated either the letter or spirit of these Terms, (2) if we conclude that your actions create potential legal exposure or risk for NutriLiv, other users, the general public, or any third parties, (3) to comply with requests from government agencies or law enforcement, (4) following the discontinuation or substantial modification of any Service offering, or (5) in response to unforeseen technical difficulties or system issues. In the event of such action, we will attempt to notify you via email or during your next account access attempt.
1.5 Security
Please let us know right away if you believe your account has been hacked or compromised.
Your security is a top priority for us. Although we implement commercially reasonable measures to protect your Personal Data, User-Generated Content, and account information, we cannot provide absolute assurance against unauthorized third-party access to our security systems. If you detect or suspect any security breaches, unauthorized account access, or improper use of your account, please contact our Support Team immediately.
2. Ownership and Use of Content
2.1 Definitions
Content is what shows up in-app or on the website when you use our Services. User-Generated Content is any Content that is created by you or other users, and NutriLiv Content is all other Content.
For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, geo-data, meal, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “NutriLiv Content” means all Content that is not User-Generated Content.
2.2 Ownership
You own the Content that you create, and we own the Content that we create.
All NutriLiv Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to NutriLiv and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to NutriLiv as explained in Section 2.5 below. NutriLiv and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all NutriLiv Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any NutriLiv Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by us.
2.3 Our License to You
You are welcome to access and use the NutriLiv Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the NutriLiv Content and Services as intended. This includes not using any NutriLiv Content or Services for commercial purposes without our permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and NutriLiv Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the NutriLiv Content or Services.
2.4 Acceptable Usage Guidelines
2.4.1 NutriLiv Content. Except as expressly permitted by applicable law or authorized by NutriLiv, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any NutriLiv Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save NutriLiv Content, except (i) as expressly permitted by the functionality of certain Services as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.
2.4.2 Commercial Usage of the Services. The Services are intended only for your personal, non-commercial use. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. For example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to make commercial use of the Services, you must enter into an agreement with us to do so in advance.
2.4.3 Linking to the Services. If you would like to link to our Services on your website or App, please follow these rules: (i) any link to the Services must be a text only link clearly marked “NutriLiv” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by NutriLiv) or in some other format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NutriLiv, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) we reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
2.5 Your License to Us
You retain ownership of any Content you submit through the Services. However, by posting Content, you grant us a license to utilize it in connection with our Services and to make it accessible to other users. We maintain the right to edit, modify, or remove your Content from our Services at any time and for any reason at our discretion. You may only post Content that you own or have proper authorization to share.
When you provide User-Generated Content to NutriLiv through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing NutriLiv to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant NutriLiv the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
2.6 Referring Other People
If you share someone else's Personal Data with us, you must first get their permission.
We value your support of our Services and welcome you to share them with others. When you choose to recommend the Services to friends using our referral features, we may request their email address or social media information to send them an invitation. While this contact information may be stored in our system temporarily, it will not be displayed publicly. By providing third-party contact information for referrals, you confirm that you have the authority to share such information and agree to accept responsibility and defend us against any claims arising from unauthorized sharing of contact information.
2.7 Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.
Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further, NutriLiv and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. The license to your User-Generated Content therefore continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.
3. Intellectual Property/ DMCA
We respect intellectual property laws. If anything is wrong, please send an email with all the details to legal@NutriLiv.app
If you believe User-Generated Content or NutriLiv Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:
Identification of the material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Personalized Medicine, LLC
7820B Wormans Mill Rd, #342
Frederick, MD 21701
Attn: DMCA Requests
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.
4. Third Party Links and Services
Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.
4.1 Social Networking and Logins
The Services may offer access and login capabilities through various third-party platforms, including social media and networking platforms like Facebook (referred to as "Social Networking Services"). To enable these integrated features, you may need to complete authentication processes or sign into these Social Networking Services through their respective platforms. This integration allows these services to share certain information about you with us, which we will handle according to our Privacy Policy. Please note that your information's treatment by these Third Party Services (including Social Networking Services) is governed exclusively by their own policies, and we bear no responsibility for their privacy practices or data handling procedures. Similarly, we are not responsible for the reliability, accuracy, or availability of any advice, information, content, data, opinions, or materials accessed through these Social Networking Services. Consequently, we assume no liability for any damages or losses claimed to result from the use of or reliance upon such Social Networking Services.
4.2 Third-Party Applications
You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
5. Mobile Services
Although we aim to provide broad device compatibility for our Services, we cannot assure that the App will function on every device (however, our Customer Support team is available to assist with any compatibility questions or concerns). Your use of the App is subject to your device's standard data and messaging rates, as well as the policies and terms established by the app store through which you downloaded the App.
5.1 Wireless Carrier and Device Considerations
To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. Your phone company’s normal messaging, data, and other rates and fees apply.
5.2 Mobile Application License
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5.3 App Stores
If you download the App from a third-party app store (the “App Provider”), you acknowledge and agree that:
The Terms are an agreement between us, and not with the App Provider. As between NutriLiv and the App Provider, NutriLiv is solely responsible for its applications;
The App Provider has no obligation to provide any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between NutriLiv and the App Provider, NutriLiv’s responsibility;
The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App;
If a third party claims the App infringes another party’s intellectual property rights, as between the App Provider and NutriLiv, NutriLiv will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the App.
6. Paid Services
If you choose to subscribe to our service, these are the payment and billing terms that apply. Paid services and billing auto-renew unless you cancel. You may cancel at any time.
6.1 Payment Terms
Use of the NutriLiv Mobile App Services requires a fee. By signing up for and using the Services, you agree to our Terms, and any additional terms and conditions provided here. You also agree to waive your 14-day right of withdrawal at the moment you subscribe to the paid mobile app Service to the maximum extent permitted by applicable law, so that you are able to immediately access them.
The NutriLiv Mobile App Services provide you access to all content, features and functionality in the NutriLiv Mobile App (e.g. advanced searches for nutrition items, item profiles, item consumption logging, NutriPoint tracking). By signing up for and using the NutriLiv Mobile App Services, you agree to pay any fees or other incurred charges that apply to the NutriLiv Mobile App Services (such as ongoing subscription fees).
When you sign up for the NutriLiv Mobile App Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the NutriLiv Mobile App Services and for any other purchases you elect to make via the Services.
You can choose to pay for the NutriLiv Mobile App Services on a monthly or annual basis. Unless otherwise stated, all fees due for the NutriLiv Mobile App Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual NutriLiv Mobile App Services period, as applicable. Unless otherwise stated, NutriLiv Mobile App Services will auto-renew until you elect to cancel your access to NutriLiv Mobile App Services. All purchases of NutriLiv Mobile App Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing the NutriLiv Mobile App Services.
6.2 Termination or Cancellation of NutriLiv Mobile App Services
If you do not pay the fees or charges due for your use of the NutriLiv Mobile App Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the NutriLiv Mobile App Services (and may do so without notice).
You can cancel the NutriLiv Mobile App Services at any time. Please note that you must process a request for cancellation of your renewal using the same platform on which you originally paid (e.g. through Apple Appstore, Android’s Google Play). Once you have cancelled your NutriLiv Mobile App Services and received confirmation, no other changes can be made to your account. The cancellation of a NutriLiv Mobile App Services will go into effect at the end of your current billing cycle, and you will have the same level of access to the NutriLiv Mobile App Services through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the NutriLiv Mobile App Services through the end of that month.
There are no refunds for termination or cancellation of your NutriLiv Mobile App Services. If you no longer wish to subscribe to a NutriLiv Mobile App Services, it is your responsibility to cancel your NutriLiv Mobile App Services in due time, regardless of whether or not you actively use the NutriLiv Mobile App Services.
6.3 Fee Changes
To the maximum extent permitted by applicable laws, we may change our prices for NutriLiv Mobile App Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable NutriLiv Mobile App Services and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable NutriLiv Mobile App Services prior to the change going into effect.
6.4 Discount, Coupon or Gift Codes
If you have received a discount, coupon or gift code to a NutriLiv Mobile App Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to NutriLiv and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to NutriLiv Mobile App Services, and to accounts not already subscribed to NutriLiv Mobile App Services. Discount, coupon and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the NutriLiv Mobile App Service before the end of a free or discounted period if you do not want to continue with a NutriLiv Mobile App Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted NutriLiv Mobile App Service, coupon validity dates, and/or purchase quantities. NutriLiv reserves the right to cancel discounts and coupon promotions at any time.
6.5 Free Trials
We sometimes offer free trials of our NutriLiv Mobile App Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the NutriLiv Mobile App Services for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the NutriLiv Mobile App Service will automatically continue and you will be billed the applicable fees for that NutriLiv Mobile App Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each NutriLiv Mobile App Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying NutriLiv Mobile App Services user after the Free Trial period.
If you decide you do not want to become a paying NutriLiv Mobile App Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable NutriLiv Mobile App Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
NutriLiv Mobile App Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the NutriLiv Mobile App Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given NutriLiv Mobile App Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
7. Wellness and Nutrition Information
It's important to us that users stay healthy while achieving their wellness goals. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only and can't be held liable if you suffer an injury or experience a health condition. Your nutritional decisions should be made after discussing your situation with your own physician or other healthcare provider.
7.1 Safety First
NutriLiv cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any wellness or treatment regimen-oriented Content or any nutrition program-oriented Content (“Programs”). By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in the Programs, or any of the related activities made available to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary or nutritional changes based upon information available through the Services. Everyone’s condition and health situation is different, and participating in the Programs and consuming items described by our Services is at your own risk. If you choose to participate in the Programs and/or consume any items described by our Services, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of NutriLiv or others.
7.2 Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In particular, the App’s item database (“Item Database”) contains item profiles that organize an entirely original summary of information sourced from research papers that are publicly accessible on the world wide web. Information was collected and used under the fair use doctrine of the U.S. copyright statute. Research on nutritional and health-related information changes frequently and therefore information contained in the software may be outdated, incomplete, or incorrect. NutriLiv does not (i) guarantee the accuracy, completeness, timeliness, comparative or controversial nature, or usefulness of any information in the Item Database including information contained at webpage links listed in item profiles; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will NutriLiv be responsible for any loss or damage resulting from your reliance on Item Database information. You are solely responsible for ensuring any information in the Item Database is accurate, complete and useful. You are hereby advised to consult with a physician or other professional healthcare provider prior to making any decisions or undertaking any actions or not undertaking any actions related to any healthcare problem or issue you might have at any time, now or in the future.
7.3 Not Medical Advice
Any and all services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. Personalized Medicine, LLC is not rendering medical advice through the App or any Services described in these Terms and Conditions. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PERSONALIZED MEDICINE, LLC.
You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs or plans, consuming any item mentioned by our Services, or any other wellness activities or plans that may be referenced, discussed or offered under the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. Only physicians familiar with your health condition can determine if anything described in the Item Database poses safe or unsafe interactions with your current treatment.
You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services, you will consult your physician, particularly if you are at risk for problems resulting from changes in your diet. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
By using the Services, you agree that neither Personalized Medicine, LLC nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information provided by the Services.
The NutriLiv Mobile App Services provide you access to certain specialized Content—namely information on creating meal or nutrition planning (“Plans”). The Plans are not a medical or any other type of health service. No diagnosis or treatment of, or advice regarding, any dietary or health condition is delivered by the Plans. The Plans are not a substitute for, and are not an alternative to healthcare diagnosis and treatment when a dietary or health condition or illness is present. You should seek diagnosis, treatment and advice regarding dietary or health conditions or illnesses from physicians practicing medicine and other licensed healthcare professionals. Under no circumstances will any of your interactions with our Plans be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.
The Services should never be used as a substitute for conventional cancer treatment or to make decisions about delaying, modifying, or discontinuing cancer treatment. Information about anticancer properties of items should not be interpreted as claims about cancer prevention or treatment. Users undergoing cancer treatment should specifically discuss any items or Plans with their oncology team due to potential interactions with conventional treatments.
7.4 Research Citations and Updates
While we may make efforts to maintain current research citations in our Item Database, the pace of scientific research means new studies may emerge that supplement or contradict previously published findings. Users should note that research citations are provided for reference only and may not represent the complete body of available research on any given item. NutriLiv may review and update its database, but we make no guarantee about the frequency or comprehensiveness of such updates.
7.5 NutriPoints Information
7.5.1 Definition and Calculation of NutriPoints
NutriPoints are proprietary calculated values that aggregate information from published scientific research regarding potential health-optimizing and anticancer properties of items in our database. These calculations are based on preliminary research studies and laboratory findings, which may not translate to useful or beneficial outcomes for humans.
7.5.2 Disclaimers and Limitations
The NutriPoints system is provided for informational and educational purposes only. NutriLiv makes no representations or warranties regarding:
The accuracy or reliability of NutriPoint values
Any correlation between NutriPoint values and health outcomes
The effectiveness of achieving or maintaining any NutriPoint goal
The comparative benefits of items based on their NutriPoint values
Users expressly acknowledge and agree that:
Higher NutriPoint values do not indicate superior health benefits
NutriPoint values should not be the sole or primary factor in making dietary choices
No specific NutriPoint value or goal, whether default or custom, represents a therapeutic target
Tracking or achieving NutriPoint goals does not predict or guarantee any health outcomes
NutriPoint values may change as new research becomes available
7.5.3 Tracking and Goals
While the Services allow users to track daily NutriPoint accumulation, view historical NutriPoint data, and set and modify NutriPoint goals, these features are provided solely as informational tools. Neither reaching specific NutriPoint values nor maintaining certain NutriPoint levels over time should be interpreted as providing any therapeutic, preventive, or health-optimizing benefits.
7.5.4 Research Limitations
NutriPoint calculations incorporate findings from preliminary research papers and studies that may be limited in scope or sample size, could be contradicted by future research, may not have been replicated or validated in large-scale human studies, and/or often reflect laboratory or experimental conditions that differ from real-world use.
7.5.5 Medical Advice
Users must not use NutriPoint values to self-diagnose or treat any medical condition, make decisions about medical treatment, replace or modify physician-recommended dietary guidelines, or determine serving sizes or consumption frequency of any item.
7.6 Consumption Tracking Reports
The NutriLiv Mobile App Service provides several reports (e.g. Daily Metabolic Pathway Disruption) that help users track the number of items consumed daily with potential wellness properties. NutriLiv does not represent any curative or health improving outcome by reaching a reaching a specific value on any of the reports or through maintaining any value on any of the reports over any period of time.
7.6.1 Report Types and Purposes
The NutriLiv Mobile App Services provide various analytical reports and tracking tools, such as Daily Metabolic Pathway Disruption reports, historical consumption patterns, aggregate wellness property analytics, and item consumption frequency data. These reports are designed solely to organize and present information about consumed items that have been studied in basic research for potential health-optimizing properties. All reports are for informational and educational purposes only. The presence of any information in these reports should not be interpreted as an indication of therapeutic or medical benefit.
7.6.2 Research Context and Limitations
Users acknowledge and understand that report values are derived from preliminary laboratory studies and basic research, which may be limited to in vitro (test tube) or animal models. Observed effects in research settings may not translate to human outcomes, as metabolic pathway interactions are complex and vary significantly among individuals. The research findings that inform these reports may be preliminary, conflicting, or subject to revision as new studies emerge. Furthermore, consumption patterns shown in reports do not predict biological effects or health outcomes in any individual user.
7.6.3 Report Interpretation Disclaimers
NutriLiv expressly disclaims any representation or warranty regarding the accuracy or completeness of report calculations, any correlation between report values and health outcomes, the significance of achieving specific report values or thresholds, the interpretation of trends or patterns in report data, or any therapeutic or preventive benefits from targeting report metrics. No report or analysis provided through the Services should be construed as medical advice or healthcare guidance.
7.6.4 Usage Restrictions
Users agree not to use these reports as diagnostic tools, to make medical decisions, to replace laboratory tests or clinical monitoring, as indicators of treatment effectiveness, to modify prescribed medical treatments, or as substitutes for professional healthcare advice. The reports are intended solely as informational tools to help users understand patterns in their consumption of items studied in basic research.
7.6.5 Report Features and Data
The Services track and display daily consumption patterns, historical trends, aggregate statistics, comparative analyses, and target thresholds. Users expressly acknowledge that achieving or maintaining any specific report values, reaching suggested target thresholds, following consumption patterns, meeting tracking goals, or maintaining consistent metrics does not indicate, guarantee, or predict health outcomes, therapeutic benefits, preventive effects, treatment success, or biological responses. All report features are provided strictly for informational and educational purposes.
7.6.6 Healthcare Provider Consultation
Users should share relevant reports with healthcare providers before making any dietary changes based on report information. Any interpretation of report data should be discussed with qualified medical professionals who understand the user's complete health profile. Users should understand that healthcare providers may advise against targeting specific report values based on individual health circumstances. Under no circumstances should users use these reports to self-prescribe or self-treat any medical condition. The reports are designed to facilitate discussions with healthcare providers, not to replace their guidance or expertise.
If you are a resident of New Jersey or the Netherlands:
Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by NutriLiv’s own fraud, recklessness, gross negligence or willful misconduct.
8. Modifications to the Terms
As the Services grow and improve, we might have to make changes to these Terms.
8.1 Updates to these Terms
We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the NutriLiv website or in -app). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
9. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, NUTRILIV EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
10. Limitation of Liability
We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall NutriLiv, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not NutriLiv has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of NutriLiv, for any claim under these Terms, including for any implied warranties, is limited to the greater of five hundred dollars (USD $500.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by NutriLiv’s own fraud, recklessness, gross negligence or willful misconduct.
11. Indemnification
If you are a resident of the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold NutriLiv, its affiliates and partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold NutriLiv, its affiliates and partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the Content (including User-Generated Content) you access through the Services; (b) your violation of these Terms, (c) your use or misuse of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of NutriLiv’s own fraud, recklessness, gross negligence or willful misconduct.
12. Governing Law
If you are a resident of the United States or any non-European Union location: These Terms shall be governed by and construed in accordance with the laws of Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
13. Disputes and Arbitration, Class Action Waiver, Jurisdiction and Venue
If you are a resident of the United States:
Arbitration Agreement
YOU AND NUTRILIV AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To the maximum extent permitted by applicable law, you and NutriLiv agrees that any disputes arising out of or related to your use of the Services (a “Dispute”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of Disputes relating to your general use of the Services under the Consumer Arbitration Rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted remotely as provided below.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court may resolve any question regarding the validity or enforceability of the class action waiver set forth in this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.
Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:
You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules. NutriLiv will reimburse you for those fees up to $5,000, unless the arbitrator determines your claims are frivolous. Likewise, NutriLiv will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH NUTRILIV THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and emailed to: legal@NutriLiv.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and NutriLiv agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and NutriLiv waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor NutriLiv may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or NutriLiv from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or NutriLiv from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of NutriLiv’s intellectual property rights.
If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NutriLiv cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.
In addition, nothing in these Terms limits your rights to bring an action against NutriLiv in the local courts of your place of domicile. All disputes arising under the Terms between you and NutriLiv will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.
If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NutriLiv cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board or other corresponding body.
If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NutriLiv cannot resolve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: cfk@kfst.dk).
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against NutriLiv in the local courts of your place of domicile.
14. International Terms
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.
We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject NutriLiv or its affiliates to any registration requirement within such jurisdiction or location.
The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.
If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.
If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.
15. Survival
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 7 (Wellness and Nutrition Information), 9 (No Warranties), 10 (Limitations of Liability), 11 (Indemnification), 13 (Disputes and Arbitration, Jurisdiction and Venue), and 15 (Survival).
16. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
17. Contact Us
If you have any feedback, questions or comments about the Services, please contact our Support Team as detailed here by email or by mail at: Personalized Medicine, LLC, 7820B Wormans Mill Rd, #342, Frederick, MD 21707, and include the subject as “Attn: –NutriLiv Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.