Terms and Conditions
January 1, 2019
The website located at MyRxGenes.com (the “Site”) is a copyrighted work belonging to RxPREDiCT, Inc., DBA MyRxGenes (“MyRxGenes”, “we” or “us”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
- USE OF OUR SERVICE
1.1 Eligibility. The Service permits you to compare your DNA profile to general populations to find commonalities and determine where your DNA originated. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by MyRxGenes.
1.2 No Medical Advice. THE SITE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY MyRxGenes OR THIRD PARTIES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF MyRxGenes, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
1.3 Laboratory Services. I acknowledge, consent, and agree to the following:
I understand that this product is not intended to diagnose, treat, cure, or prevent any disease.
I authorize RxPREDiCT® (and its affiliates and partners) to conduct DNA testing with the submitted DNA specimen.
I understand that my results include recommendations based on known predispositions associated with my genetic profile. Other factors, such as (but not limited to) diet, exercise, environment, and medications, may also affect my body’s performance and reaction to recommended supplements, ingredients, treatments, or other programs. Before following these or any other recommendations, I should consult a qualified physician, dermatologist, nutritionist, or other health expert.
I represent and warrant that I have obtained all permissions, consents and authorizations necessary from the person(s) submitting DNA specimens (or the parent / guardian of such person(s) if under 18).
I understand that the specimens were collected without a strict chain of custody, and their origins cannot be verified. Therefore, the results may not be admissible in a court of law.
I acknowledge and understand that if for any reason the biological specimens are inadequate for evaluation, RxPREDiCT (and its affiliates and partners) shall not be held liable for its inability to produce test results due to insufficient specimen or due to the nature or condition of the specimen. RxPREDiCT (and its affiliates and partners) may request additional samples for further testing.
I understand that to ensure testing of the highest quality, RxPREDiCT (and its affiliates and partners) reserves the right to have more tests performed to satisfy strict laboratory standards and guidelines. If this process delays the reporting of results, I will not hold RxPREDiCT (and its affiliates and partners) liable for any refund or damages.
I understand that in compliance with the New York State Department of Health regulations, RxPREDiCT (and its affiliates and partners) does not make in-home testing available to residents of New York. In this regard, RxPREDiCT (and its affiliates and partners) disclaims any legal responsibility for misuse of its in-home testing services to circumvent this regulation.
I understand that genetic mutations sometimes occur in ordinary, healthy people. These mutations surface in approximately 1-2% of DNA testing cases. When they do, the final test results depend on careful interpretation of the data by the laboratory scientists. If a mutation is detected, any guarantees on conclusiveness, probability values, and turnaround time are void. Such mutations often require extended testing and may affect probabilities.
I ACKNOWLEDGE AND AGREE THAT RXPREDICT’S (AND ITS AFFILIATES AND PARTNERS) LIABILITY TO ME ARISING OUT OF OR IN ANY WAY RELATED TO THE PROVISION OF TESTING SERVICES CONTEMPLATED HEREIN SHALL NOT EXCEED THE COST OF THE TEST, AND I AGREE TO INDEMNIFY, DEFEND, AND HOLD RXPREDICT (AND ITS AFFILIATES AND PARTNERS) AND ITS EMPLOYEES HARMLESS FROM ALL FURTHER CLAIMS OR DAMAGES. IN ADDITION, I AGREE TO CONTACT RXPREDICT (AND ITS AFFILIATES AND PARTNERS) IMMEDIATELY, BUT IN ANY EVENT, WITHIN 30 DAYS FROM THE DATE OF THE REPORT, IF I HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TESTING PROCESS OR THE OUTCOME OF THE TEST.
I understand that results will be sent based on the delivery information provided during barcode registration as soon as results are available to be sent. It is my responsibility to provide delivery information that assures any privacy needs that I may have.
1.4 Payment. I understand that I will receive test results only after all charges have been paid in full, including, if applicable, lab fees.
1.5 Refund Policy. Refunds may be considered at the discretion of RXPREDICT and may be subject to administrative and handling fees. Partial payments and deposits are non-refundable. No refunds shall be issued if services have been completed.
1.6 User Account. Registration may be required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in using third party authentication service. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MyRxGenes immediately of any unauthorized use of your account or any other breach of security. MyRxGenes will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MyRxGenes or another party due to someone else using your account or password. Only one user may use each user name, and if you or your entity requires additional user names, you must contact the MyRxGenes. You may not use anyone else's account at any time, without the express permission of the account holder.
1.7 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the MyRxGenes servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that MyRxGenes grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other MyRxGenes Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MyRxGenes shall have no liability for your interactions with other Users, or for any User's action or inaction.
- PROPRIETARY RIGHTS.
MyRxGenes retains sole and exclusive ownership of all rights, title and interests in the Service, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that MyRxGenes will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. MyRxGenes reserves all rights not expressly granted herein in the Service and the MyRxGenes Content (as defined below). MyRxGenes may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.
For purpose of these Terms, the term "Content" includes, without limitation, written comments and information, articles, notes, research, summaries, reports, data, text, photos, graphics, in static or interactive feature. “MyRxGenes Content” means any Content owned by or licensed to MyRxGenes. MyRxGenes may not monitor or control Content posted by users of the Service (including, without limitation, User Submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, MyRxGenes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, MyRxGenes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to MyRxGenes in its sole discretion.
- USER SUBMISSIONS.
If you provide MyRxGenes with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to MyRxGenes all rights in such Feedback and agree that MyRxGenes shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MyRxGenes will treat any Feedback you provide to MyRxGenes as non-confidential and non-proprietary. You agree that you will not submit to MyRxGenes any information or ideas that you consider to be confidential or proprietary.
- COPYRIGHT POLICY - DMCA NOTICE.
It is MyRxGenes policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify MyRxGenes copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit MyRxGenes to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to customersupport@MyRxGenes.com.
MyRxGenes may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless MyRxGenes and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any content or information that is submitted via your account; or (f) any other party's access and use of the Service with your unique username, password or other appropriate security code.
- NO WARRANTY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- CHANGES TO THE TERMS.
These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
MyRxGenes may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending MyRxGenes an email to customersupport@MyRxGenes.com specifying your request and providing MyRxGenes with your name, Order ID and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and MyRxGenes may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
- DISPUTE RESOLUTION.
The laws of the State of Ohio shall govern these Terms without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that MyRxGenes has not adhered to these Terms, please contact MyRxGenes by e-mail at customersupport@MyRxGenes.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and MyRxGenes are unable to reach a resolution to the dispute, you and MyRxGenes will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Cleveland, Ohio office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and MyRxGenes agree that any arbitration will be limited to the dispute between MyRxGenes and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and MyRxGenes otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
- ENTIRE TERMS.
These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to MyRxGenes is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MyRxGenes prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
- COPYRIGHT/TRADEMARK INFORMATION.
Copyright © 2019, All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- CONTACT INFORMATION.
MyRxGenes welcomes your comments or questions regarding these Terms. Please e-mail us at firstname.lastname@example.org.
RxPrevent Program Terms & Conditions
Part 01 - Informed Consent
The RxPREVENT Program (the “Program”) is a nutrition and lifestyle recommendation platform provided by RxPredict, Inc. (“RxPredict”) and offered through a website (the “Website”) and a mobile friendly application (the “Mobile App”). The Program utilizes nutrition and lifestyle -related blood, gut biome and genetic test results provided by a third-party laboratory, and body measurements, physical activity levels, dietary goals, and eating pattern information to deliver nutrition and lifestyle recommendations, coaching, and food products that are tailored to your personal health, needs and goals. These Terms and Conditions apply to any use (i.e., through the Website or the Mobile App) of the Program.
By clicking your acceptance to these Terms and Conditions, you have chosen to use the Program services and have given your informed consent to have your biological samples tested for nutrition-related information and, if applicable, genetic markers. The results of your tests and the recommendations will be available to you online in the form of the Program service.
Your use of the Program service is voluntary. It is your choice whether to participate or not. You may cancel the service at any time. If for any reason you believe that your use is anything but voluntary, please terminate all use of the service.
Important Note For New Members
RxPredict, Inc.’s APP, website and reports are not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified healthcare provider's judgment and treatment plan. Users should not rely on the RxPredict, Inc. APP or website for emergency medical treatment. RxPredict, Inc. members are advised to consult with a qualified and licensed physician or other medical care provider, and follow their advice with regards to their specific health condition/s. Members should not change any medication regimes without consulting their healthcare provider.
RxPredict, Inc. members are advised to consult with their doctor prior to starting any new program or making any changes to their diet. RxPredict, Inc. programs are not a substitute for medical management and prescribed medication. RxPredict, Inc. can facilitate any exchange of information and reports with a member’s healthcare provider, only if the member has completed and signed the medical release and consent form. If you are in crisis or experiencing an emergency, call your doctor or 911 immediately.
Procedures And Protocol
As part of the Program registration process, we will collect some information from you. The information collected will include general contact information, age, gender, and general health information, such as information about your diet, lifestyle, taste preferences, your physical activity levels, and other important details about yourself.
As part of the Program, you will collect (or in the case of 3rd party integration, you will have already collected) fecal swab and saliva samples that will be provided to and tested by a third-party laboratory and tested for a number of vitamins, minerals, metabolites (biomarkers), gut biome and genes that inform your nutritional status and well-being. If you are working through the program with a physician, your results can be reviewed by your physician. Your nutritional and lifestyle profile will be analyzed using the proprietary algorithms that are part of the RxPREVENT system (the “System”), which are used to generate personalized nutrition information and recommendations. These recommendations will then be available online.
Risks And Discomforts
If you feel unwell or ill after recommendations are provided or during any follow-up period, you should seek medical help immediately and discontinue Program recommendations.
We may incorporate different or additional technologies to collect or test data in the future. We may, at our sole discretion, choose to have your samples reprocessed by the third-party laboratory or other laboratory using any such different or additional technologies. You will be notified if charges will apply for additional testing. If you purchased the Program your purchase of enrollment in the Program does not automatically include any such different or additional technologies, and we reserve the right to charge you additional fees in order to process your sample using any such different or additional technologies. You may also need to submit new samples for processing on such different or additional technologies if required.
If you are paying for the Program services with your personal funds, RxPREVENT will not submit any information provided by you for reimbursement or payment from private insurance carriers, Medicare, Medicaid, or any other third-party payers.
If you participate in the Program services, you may or may not experience health benefits or other benefits. Potential benefits may include an improved health and nutritional profile, a better understanding of nutrition and health, and improved physical fitness.
Right to Refuse or Withdraw
You do not have to take part in the Program service if you do not wish to do so. You may also stop participating at any time you choose. Participation in the Program is entirely your choice.
You agree to indemnify, defend, and hold harmless RXPREDICT INC., its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your participation in the Program services.
Who to Contact
You may contact us at the following email at email@example.com any time.
Part 02 - Terms of Service
RXPREDICT INC. (herein referred to as “RxPREVENT,” “we,” “us” or “our”) provides and makes available this website (the “Website”) and any related services (each a “Service,” and, collectively, the “Services”) pursuant to this Terms of Service Agreement (the “Terms”). By clicking your acceptance of the Terms, and by accessing, browsing, or otherwise using the Website or any Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to and accept these Terms, you shall not access, browse or use the Website.
We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of the Website indicates your acceptance of all terms.
No Medical Advice
The contents of our website, including any nutrition and diet recommendation plan or other reports generated by the Services (collectively, “Your Report”) and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks, and references (collectively, “Content”), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE WEBSITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. NEITHER THE WEBSITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. You should seek the advice of your physician or other qualified healthcare provider if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of, or believe you may have, any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or third-party laboratory test results or any other Content as recommending any specific treatment plan, product, or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
You will be required to create a user account with RxPREVENT (“Your Account”) in order to access certain portions of our Website, purchase the Services, and obtain RxPREVENT Program information. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our Website or the Services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our website and the services with Your Account. You must immediately notify RxPREVENT of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
This Website is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the Website. By using the Website, you also represent and warrant that you are eighteen (18) years of age or older and that you will not use our Website or the Services for any purpose that is unlawful, unethical, or in violation of these Terms.
Charges and Billing
If you are paying for the Program with your own funds, you must provide a valid credit card number when you order a RxPREVENT product or service. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using Your Account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on RxPREVENT income). We reserve the right to accept or reject orders for any reason. Price and availability of any Service are subject to change without notice (unless you have purchased an ongoing subscription to a RxPREVENT product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
Credits and Refunds
If you are not satisfied with the Program, please contact our customer service team at firstname.lastname@example.org with 5 days of receiving your nutrition recommendations. Depending on the circumstances, we may provide you a full or partial credit or refund of the purchase price if you paid for the Program. If a refund is provided, your access to the Program on an ongoing basis will be terminated.
Limitations on your use of the Website
You agree not to:
- Take any action that imposes an unreasonable load on the Website's infrastructure;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or making up the Website;
- Delete or alter any material posted on the Website by RxPREVENT or any other person or entity; or
- Frame or link to any of the materials or information available on the Website.
You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage unlawful conduct. RxPREVENT may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material RxPREVENT deems inappropriate. RxPREVENT is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Website.
RxPREVENT encourages user participation on this Website, such as by sharing information with other users regarding your participation in the Program. However, RxPREVENT reserves the right to not post user content or remove user content that is inappropriate. This includes materials that:
- Contain obscenities, discriminatory language, or other language not suitable for a public forum;
- Include advertisements, “spam” content, or references to other companies, offers, or websites;
- May be fraudulent, deceptive, or misleading;
- Violate copyright, trademark, or other intellectual property rights of another;
- Violate any law or regulation; or
- Are offensive or otherwise unacceptable to RxPREVENT.
By submitting any content to this Website, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights in the content;
- All “moral rights” that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 18 years old; and
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, or other potentially damaging computer programs or files.
You further agree that:
- For any content that you submit, you grant RxPREVENT a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content for any purpose (including for commercial or marketing purposes) and into any form, medium or technology throughout the world without compensation to you.
- All content that you submit may be used at RxPREVENT's sole discretion.
Ownership and use of Content
The Website is owned and operated by RxPREVENT and the Content and the Services and any intellectual property and other rights relating thereto are and will remain with RxPREVENT, its licensors and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark, and other laws. RxPREVENT grants you a non-exclusive, non-transferable, revocable, limited license to receive the RxPREVENT Program Services you purchase from RxPREVENT, and to view and print one or more copies of a RxPREVENT nutritional report and any other Content obtained by you from our Website, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of RxPREVENT Program reports to your physician and anyone else of your choosing. You may not use any Content obtained from our Website in any other manner or for any other purpose without the prior written permission of RxPREVENT. Our licensors and suppliers may impose additional restrictions on the Content they provide to RxPREVENT; in the event of any conflict between such third-party restrictions and these Terms, such third-party restrictions shall govern. All rights not expressly granted herein are expressly reserved to RxPREVENT, its licensors and suppliers. By using our Website or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Website or any Services, or “frame” or “mirror” any part of our Website without prior written consent from RxPREVENT.
All trademarks, service marks, and logos used on our Website, whether registered or unregistered, are owned by RxPREVENT, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos, or designs used on our Website without prior written consent from the rightful owner(s).
Accuracy and Integrity of Information
While we strive to keep the Content accurate, complete, and up-to-date, RxPREVENT cannot and does not guarantee the accuracy, completeness, or timeliness of your RxPREVENT Program report or any other Content, whether provided by our licensors, our suppliers, or us. It is possible that the Content may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within your RxPREVENT Program report or other Content may be changed or updated by RxPREVENT without notice. Any opinions, advice, statements, or other information expressed or made available by third parties via our Website are those of the respective third party and not necessarily those of RxPREVENT. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER RxPREVENT NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Modification or Suspension of our Website
RxPREVENT may at any time modify, discontinue, or suspend its operation of, or restrict access to, our Website or the Services, or any part thereof, temporarily or permanently, without notice to you.
Third Party Websites
The Website may contain information about, links to or advertisements for websites operated by other parties (the “Third Party Websites”). In addition, emails sent to users of this Website may contain information about, links to, or advertisements for, Third Party Websites. The information provided about, links to, and advertisements concerning Third Party Websites are provided for your convenience only. We do not control such Third Party Websites and we are not responsible for the content and performance of these Third Party Websites or for any transactions you may choose to conduct with the operators of any Third Party Websites. RxPREVENT is not responsible for the content of linked Third Party Websites, sites framed within the Website, or third-party advertisements on the Website or in emails sent from this Website, and RxPREVENT does not make any representations regarding their content or accuracy. Your use of Third Party Websites is at your own risk and subject to the terms and conditions of use of such sites. You acknowledge that RXPREDICT INC. shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
United States Only
Unless otherwise specified, this Website and material provided on this Website are solely for promoting products, programs, and business operations within the United States.
Software and other materials from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to a) any country to which the United States has embargoed goods or services, b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. RxPREVENT prohibits your downloading or exporting of software or other material from this Website in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this Website, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
OUR SITE, THE SERVICES, YOUR RxPREVENT PROGRAM REPORT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. RxPREVENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RxPREVENT DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. RxPREVENT MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties: (i) shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); (ii) shall terminate automatically at the end of such period; and (iii) shall be disclaimed and excluded to the fullest extent permitted by law.
Limits of Liability
RxPREVENT ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE RxPREVENT SERVICES, YOUR RxPREVENT REPORT, OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL RxPREVENT, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, (1) ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE OUR SITE, THE SERVICES, YOUR REPORT, OR OTHER CONTENT; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR RxPREVENT DATA, YOUR RxPREVENT REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND RxPREVENT OR OUR WEBSITE; (3) LOSS OF OR DAMAGE TO YOUR BLOOD SAMPLE; (4) THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR WEBSITE; OR (5) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT RxPREVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
You agree to indemnify, defend, and hold harmless RxPREVENT, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise from your use of our Website, the Services, Your RxPREVENT report or other Content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Website. You agree to cooperate as reasonably required in the defense of any such claim. RxPREVENT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of RxPREVENT.
Any controversy or claim between the parties or arising out of these Terms or any use of the Website or the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitration shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA's Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Cincinnati, Ohio. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND RxPREVENT ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Notice and procedure for making claims of intellectual property infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the RxPREVENT copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
This agreement and the resolution of any dispute related to these Terms, our Website, the Services, your RxPREVENT report, or any other Content shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of California shall have exclusive jurisdiction over all claims.
Part 03 - Coaching Services Terms & Conditions
Please read these Coaching Terms & Conditions of Service (“Terms & Conditions”) carefully. The term “Services” shall refer to “Paid Coaching Services” ( defined below). Unless otherwise indicated, these Terms & Conditions apply to your (i) use of and/or access to the RxPREVENT.com website and/or other websites (collectively “Website”) which are owned or operated by RXPREDICT INC.. or its affiliates (collectively, “RxPREVENT,” “we,” “us” or “our”), including any portions thereof available only to subscribers; and (ii) your use of and/or access to any content or information and other online or SMS/mobile-enabled technology, digital tools and other services, programs and products provided by us (together with the Website, collectively, the “Services”).
Agreement and Acknowledgement
- User Agreement: By using the Website or Services, you agree to these Terms & Conditions and agree to be legally bound and to abide by the abide by the terms, conditions, and notices contained or referenced herein.
- Modification of Terms: RxPREVENT may change these Terms & Conditions at any time and without prior notice. All such changes to the Terms & Conditions will be posted on the Website, and by using the Website or Services after the posting of any changes you agree to accept any changes.. If RxPREVENT determines in its sole discretion that you have in any way breached these Terms & Conditions, RxPREVENT reserves the right to block your access, delete your account (if any), and/or otherwise block any and all current or future use of the Website or the other Services by you.
- Modification of Services: In our sole discretion and without a prior notice requirement , we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and (iv) changing any feature or functionality provided by the Services.
- Mobile Services: When you opt-in to RxPREVENT mobile SMS Services, we will send you an SMS message to confirm your signup.
- To stop receiving messages:You may respond STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT to stop all messages from our service provider.
- If you want to join the texting service again after cancelling: please contact email@example.com or send START, YES or UNSTOP to the texting number available on your program page.
- To receive more information:You may respond HELP and INFO for more information on commands to control the delivery of messages.
- MESSAGE AND DATA RATES MAY APPLY: We are able to deliver messages to all major mobile phone carriers. As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive up to 10 messages daily. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services, you can send an email to firstname.lastname@example.org.
- You are responsible for all charges and fees associated with connecting to and using the Website and/or SMS service, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or SMS service.
Consent to Receive Email/Phone Communications
As a condition of using our app and participating in our Services, you will be required to provide RxPREVENT with your email address and mobile phone number as part of registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages, voice calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in our Services. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Services, including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in our Services. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to your use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms & Conditions to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.
Paid Coaching Services
Our Services consist of paid products with differing functionality based on the subscription level (“Paid Coaching Service”). Paid Coaching Service typically requires a fee, which is either paid (i) by the user Paid Coaching Service or (ii) by a third party on behalf of the user (“Business Premium Service”). If you are not a Paid Coaching Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services.
Paid coaching includes text-based communication based on program curriculum of a defined length as well as direct texting with a RxPREVENT nutrition coach during that same period.
Cancelling or Modifying Phone-based coaching sessions
- Any phone sessions included in a Paid Coaching Service program must be scheduled at least 24 hours in advance. Although we will make every effort to accommodate your preferences, scheduling visits will be on a first-come basis and will be subject to our team members’ availability.
- There is a 24-hour cancellation policy for all appointments with a RxPREVENT nutrition coach in order to not lose a scheduled session. Canceling within 24-hours will cause the session to be used.
- No-shows: If you do not show up to a scheduled phone session (or answer the phone within 5 minutes) without changing the appointment using the online scheduling tool, your session will be used.
- We cannot guarantee that we will have sufficient availability for you to schedule your sessions within the program period. If you have trouble scheduling a convenient visit contact us at email@example.com and we will do our best to resolve the issue in a mutually satisfactory way.
All Paid Coaching Services will be based on: SMS / Text-based Communications
As part of the RxPREVENT coaching programs, you will be provided with a number where you can communicate with your coach via text an unrestricted number of times. Coaches are generally available weekdays from 6am to 6pm PST. Coaches may take up to 24 hours to respond to your inquiry. After your program has completed, your texts will not be read or responded to.
Fees, Autorenewal, Cancellations & Refund Policies
If you are a subscriber to our Paid Coaching Service, you further agree as follows:
- Agreement to Pay.
- (i) Personal Paid Coaching Service. If you are a Paid Coaching Service User, you will be responsible for the fixed and subscription charges you selected at the time of purchase. Applicable taxes, and other charges and fees incurred in order to access the Paid Coaching Services may also apply.
- Auto-Renewal. You subscription may renew automatically for up to three months, or the duration selected at the time of your purchase. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically terminated. The renewal charge will generally be the same as the prior period’s charge (excluding any shipping costs), unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above.
Cancellation of Coaching Service Subscription
You can cancel your subscription for Coaching Services at any time by contacting Customer Support at firstname.lastname@example.org We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect the full price cost of the nutrition test kit, fees, surcharges, or additional costs incurred before your cancellation takes effect. If you terminate your paid subscription for Paid Coaching Service, your subscription will remain active until the end of your then-current subscription period.
Part 04 - RxPredict Fit Wellness & Fitness Terms & Conditions
Limitation of Liability
RxPREVENT offers Wellness and Fitness (RxPredict Fit sessions ACTIVITIES) such as yoga, exercise, meditation, counseling, aimed at improving lifestyle metrics such as stress, sleep, morning energy as part of the care protocol. Activities are offered virtually, either live or pre-recorded.
To the fullest extent permitted by law:
- RxPREVENT shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the RxPREVENT Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of RxPREVENT's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between RxPREVENT and you.
THE RxPREVENT SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE RxPREVENT SITE OR HEARD ON THE RxPREVENT SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE RxPREVENT SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE RxPREVENT SITE OR AVAILABLE THROUGH ANY RxPREVENT SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE RxPREVENT SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, RxPREVENT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE RxPREVENT SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of RxPREVENT with the intent of using the RxPREVENT Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- your physician or general practitioner has not advised you to stop engaging in physical activity as a result of any surgery
- you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the RxPREVENT Service. If applicable, you further affirm that
- you are not pregnant, breastfeeding or lactating; unless
- your physician or general practitioner has been specifically consulted and approved your use of the RxPREVENT Service.
RxPREVENT reserves the right to refuse or cancel your participation in ACTIVITIES if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.