Updated: Sptember 17, 2020
Terms and Conditions Governing the Use of the www.mygenefood.com Website and Health Coaching Services
Welcome to the www.mygenefood.com website (“Website”). Gene Food, Inc. (“Company”) created and maintains this website to provide you with advice on nutrition, including recipe and nutrition recommendations based on your DNA. You may use this website, provided you comply with these terms and conditions.
Your Acceptance of These Terms and Conditions
PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.
The Website is not intended for anyone under the age of 18. By using the Website, you represent that you meet the eligibility requirements in this Section and affirm that you are over the age of 18.
These Terms and Conditions May Change
Company reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Website.
IMPORTANT INFORMATION REGARDING CONTENT OF THIS WEBSITE, MATERIALS AND THIRD PARTY PRODUCTS
- The information and resources provided on or via this Website are intended solely to deliver information for consideration by users of this Website. Neither the information contained on this Website nor any materials that Company may provide to you as a result of your use of the services offered via this Website (“Materials”) are intended to be used as medical advice regarding any medical condition or health problem, and you should seek all such medical advice from your physician.
- Company makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of this Website or the Materials. Company does not assume any risk whatsoever for your use of this Website, any information or resources contained therein, or any linked third-party resources, including without limitation any Materials. In using this Website and/or the Materials, you agree that Company shall not be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of this Website and/or the Materials. Company does not assume any responsibility for any medical treatment of individuals using this Website, any information or resources contained therein, or any linked third-party resources, including without limitation any Materials. You assume the risk of the limitations inherent in the nature of this Website and/or the Materials and understand that no warranty or guarantee is made concerning any particular result.
- The Website may now or in the future contain references to certain third party products (“Third Party Products”). Company does not endorse or certify any Third Party Products. Company provides no recommendation or opinion regarding any Third Party Products, including without limitation as to their quality, merchantability or usefulness. The Company does not conduct any laboratory testing or any other evaluation of Third Party Products to determine whether such products conform to their specifications.
- You should be aware that the Company may earn revenue on purchases of Third Party Products by users who are directed to purchase Third Party Products via a link contained on this Website. The Company does not take any fees or any other compensation directly from the manufacturers of Third Party Products.
Account Information and Purchases
In order to access the Website, you may be required to create an account. You acknowledge, consent, and agree that Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms; (iii) provide certain customized features of the Website to you, if any; (iv) respond if you contact Company for any reason; or (v) protect the rights, property, or personal safety of Company, its other users, and the public. We may also provide functionality designed to permit you to register with the Website through your account(s) with certain third party services, such as email providers, social networks (including, but not limited to, Facebook), and other online application platforms to which you may be a user (collectively, “Third Party Website(s)”). When you register through your Third Party Website account, you will be asked to login to the Website using your Third Party Website account credentials. By creating a member account via your account with a Third Party Website, you are allowing Company to access your Third Party Website account information and you are agreeing to abide by the applicable terms and conditions of your Third Party Website. If you are not currently registered as a member and you click to login with a Third Party Website, you will first be asked to enter your Third Party Website credentials and then be given the option to register with the Website. You may be able to automatically post historical activity back to the applicable Third Party Website, and you may also have the option to disable the connection between your account and Third Party Website account at any time by accessing the Third Party Website account and disconnecting access to the Website.
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Company. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, COMPANY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Health Coaching and Consulting Services
You agree and understand that Health Coaching services offered by the Company are not medical advice. The Company’s Nutrition Consulting services cannot treat or diagnose any illness. By signing up for a Health Coaching or Nutrition Consulting consult, you acknowledge that you are under the care of a physician and any nutritional intervention discussed will also be discussed with your physician before implementing.
Payments and Cancellation
You agree to pay all applicable fees for your use of the Website, including the amounts due for purchases of any Materials or other services made on or via the Website, plus any applicable taxes or other charges as may be required, when due and payable. The Website currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards and via PayPal, as detailed on the applicable payment screen.
For 23andme and Ancestry plans:
Our nutrition plans based on Ancestry and 23andme raw data are digital products that cannot be returned once accessed. As a result, we offer refunds for these plans only prior to logging in and accessing the nutrition plan. If you haven’t yet logged in and would like to request a refund, please use the Website Contact Form and we will respond within 24 hours.
For test kits:
Returns are accepted for unopened kits. Notify us of the refund request through our Website Contact Form. Unopened kits sent back to Gene Food within 14 days of receipt will receive an 90% refund.
You will be liable for all fees and costs associated with shipping and / or returning of the kit to us, subject to applicable law.
In order to receive a 90% refund on your kit purchased from Gene Food, test kits are required to be sent back undamaged and unused in original, sealed packaging.
If the kit has been opened but not used or processed, or if you notify us of your request for a refund prior to receiving your nutrition plan results, you will receive a refund of 50% of the price paid for the kit.
In the case of test kits, we cannot offer a refund after the nutrition plan has issued and results have been sent.
When you place an order for Materials through the Website, the Materials will be shipped to the address you designate as the “Shipping Address” during the check-out process, or sent to you electronically to your designated email address. If there is a dispute regarding any purchases, please email us at [email protected] and we will provide you with return instructions and issue a refund.
Company may make changes to or discontinue any of the media, products, or services available within the Website at any time, and without notice. The media, products, or services on the Website may be out of date, and Company makes no commitment to update these materials on the Website.
Links to Other Websites
This site may contain hyperlinks to third party websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Company does not review or control these websites and is not responsible for their content. Company expressly disclaims any responsibility for the content of any third party websites linked to the Company Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Company does not make any representations regarding the content or accuracy of materials on such non-Company websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.
All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, except that the trademarks, service marks and logos relating to Third Party Products or third party websites are the trademarks, service marks and logos of the relevant third parties. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any the trademark, service mark or logo of Company or its affiliates without first obtaining written permission from Company.
Copyright Notice and Limited License
Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.
Digital Millennium Copyright Act Compliance.
Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: by email at [[email protected] mygenefood.com]. For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through [[email protected]]. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.
GOVERNING LAW AND JURISDICTION
This Website is controlled and operated by Company from its offices within the State of New York within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of New York. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of New York for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of State of New York shall have exclusive jurisdiction over all such actions.
SEVERABILITY AND NO WAIVER
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
These Terms and Conditions constitute the entire agreement between you and Company with respect to your access to and/or use of this Website, the Materials and the Content and shall not be modified except by Company as provided herein or through a written document signed by both parties. Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.