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Terms of Service

Effective Date: 2/22/2022

1. Definitions

“Agreement” or “Terms of Service” means these Terms of Service and include all terms and conditions contained herein.

 “Account” means any and all records created pursuant to the relationship created between you and Nutri-Biome (NB) in which you provide NB with Personal Data in order to use and access the Services.

“Genetic Data” is information regarding a genotype (e.g., the pairs of A’s, T’s, C’s, and G’s at particular locations in a genome), generated through processing of your saliva by NB or by its contractors, successors, or assigns; including raw genetic data and digital versions of the same.

“Personal Data” is information that can be used to identify you, either alone or in combination with other information. NB collects and stores types of information in and through the Services that may, alone or in combination with other information, constitute Personal Data.

“Privacy Policy” means the NB Privacy Policy, the most current version of which is available at https://NBresults.com. 

“Registration Information” is the information you provide, including information about yourself, when registering for or purchasing NB (e.g., name, email, address, user ID and password, and payment information).

“Service” or “Services” means NB and its affiliates products, software, services, reports and websites (including text, graphics, images, and other material and information) as accessed from time to time by you regardless of if the use is in connection with an Account or not.

“Self-Reported Information” is all information about yourself or otherwise reported by you, including information relating to nutrition, diet, disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you provide or enter into surveys, forms, or features while using or accessing NB Services or signed into your Account. 

“NB”, “we”, or “us” means Nutri-Biome, LLC, whose principal place of business is at 1877 W 2800 S, Ogden, UT 84401, and its affiliates.

“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials other than Genetic Data, Personal Data, and Self-Reported Information generated by users of NB Services and transmitted, whether publicly or privately, to or through NB.

“You,” “Your,” or “user” means you, the individual using or accessing the Services, whether acting on your own behalf or for anyone for whom you have legal authority to agree and act on behalf of or otherwise.

2. Prerequisites to Your Use of the Services

Services provided by NB are not available to you or anyone you have legal authority over and you may not accept the Terms of Service if (1) you are not of legal age, eighteen (18) years of age or older, to form a binding contract with NB, or (2) you are a person barred from obtaining services or products from NB and its affiliates due to the laws of the jurisdiction in which you reside or use the services or products. 

As a condition of your use of the Services, you represent, warrant, and covenant as follows:

  1. You have the legal authority to possess, submit, and provide to NB any saliva samples, Personal Data, or other information submitted by you to NB or otherwise made available by you to NB.
  2. You are of legal age to form a binding contract with NB and at least eighteen (18) years of age or older.
  3. You will comply with all applicable laws regarding your use of the Services, including any export bans or restrictions that may apply to the transmission of technical data exported from the United States or the country from which you access NB’s Services online.
  4. You have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations and warranties, and to agree to these covenants.
  5. You are not a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services;
  6. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
  7. You are aware that some of the information you receive may provoke strong emotions.
  8. You take responsibility for all possible consequences resulting from your sharing with others, including NB, access to Genetic Data, and Self-Reported Information.
  9. You will provide true, accurate, current, and complete Registration Information about yourself as prompted by the Services; and provide any updates to your Registration Information to keep it true, accurate, current, and complete.
  10. Other than as otherwise agreed in a separate written agreement between you and NB, you will not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Services, use of the Services, or access to the Services.
  11. In order to use the Services, you must have Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access.

Further, you agree not to use the Services provided by NB for any unlawful purpose or for a purpose that is otherwise prohibited by the terms, conditions, or notices in these Terms of Service to:

  1. Damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services in any manner.
  2. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
  3. Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status.
  4. Impersonate any person or entity, including, but not limited to, anyone affiliated with NB, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  5. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
  6. “stalk” or otherwise harass another.
  7. Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  8. Use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use; download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner.
  9. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of NB or any other party.
  10. Harm minors in any way.
  11. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages.
  12. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law.
  13. Upload, post, email, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  14. Use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services owned by or affiliated with NB, unless explicitly permitted by NB.
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website.
  16. Attempt to or actually override any security component of NB Services or affiliated websites.
  17. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
  18. Violate these Terms of Service, any code of conduct, or other guidelines which may be applicable for any particular area of the Services or have been communicated to you by anyone affiliated with NB.
  19. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

In case of breach of any one of these representations, warranties, and covenants, you agree that NB and its affiliates have the right to suspend or terminate your use of and access to the Services, including your Account, and refuse any and all current or future use of the Services (or any portion thereof), and you will defend and indemnify NB and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns against any liability, costs, or damages arising out of the breach of the representation.

3. Risks and Considerations Regarding NB Services and Genetic Data

NB services are intended for educational and informational purposes only and not to diagnose, treat, cure, or prevent any disease or condition. NB does not provide medical advice. There are many factors that affect individual health beyond genetics, including but not limited to: injuries, environmental exposures, pre-existing conditions or diseases, relevant life choices, supplements and medications consumed, etc. 

The information and recommendations in your report is based solely on your Genetic Data and studies performed on genetic mutations or genes and related health factors. These studies may or may not have been clinically validated at the time of service. Personal medical decisions based on the information and recommendations provided by your report, NB or NB employees, and associated websites are made solely at your own risk and should not be made before consulting a licensed medical professional. If you have concerns about information contained in your report, consult a licensed medical professional. NB is not responsible for any advice provided by a third party, regardless of if the third party is a licensed medical professional and the advice is based on the information contained in your report.

Genetic Data that you choose to share with others is at your own risk. There are laws that protect individuals in regard to their Genetic Data to some extent in some states and jurisdictions, but this is not universal nor all-encompassing protection. Consulting a lawyer, at your own expense, prior to sharing your Genetic Data is recommended. 

Genetic Data contained in your report may be unexpected, unwelcome, evoke strong emotions, and can potentially contribute to altered behaviors or world views. You may learn things about yourself that you cannot change or control and this information may result in social, emotional, physical, legal, and financial implications. NB is not responsible for any outcomes related to you obtaining, sharing, or reacting to your Genetic Data. 

NB and third parties dealing with your DNA sample may not be able to process your sample due to insufficient saliva or insufficient DNA. If this occurs in the initial testing and is due to analysis error(s), NB will process an additional sample at no charge to the user. If the additional sample fails, please contact us at info@nutri-biome.com or 1-800-445-4647 to discuss a possible refund. Even with high accuracy DNA testing, errors may occur in the processing of your DNA sample or compiling and converting your raw data into your report. As this is a possibility known in advance, you are not entitled to a refund when or if errors occur. 

4. NB Analytical’s Proprietary Rights

You acknowledge and agree that NB owns all legal right, title, and interest in and to the Services, including intellectual property rights, including but not limited to copyrights and patents, which subsist in the Services.

You acknowledge and agree that the Services may contain information which is designated confidential or proprietary by NB and that you shall not disclose such information without NB’s prior written consent. You further acknowledge and agree that the Services and any necessary software used in connection with development and execution of the Services contain proprietary and confidential information that is protected by applicable intellectual property laws. Any information presented to you through the Services is protected as intellectual property and you agree not to or allow anyone else to modify, rent, lease, loan, sell, distribute, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part.  

NB and any other affiliated logos and product and service names are trademarks of their respective owners. Unless you have agreed otherwise in writing with NB, nothing in the Terms of Service gives you a right to use or display in any manner the aforementioned logos and product and service names. You agree that you shall not remove, obscure, or alter any proprietary rights notices that may be affixed to or contained within the Services, including on any reports provided through the Services. You agree to not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

5. Your Proprietary Rights

User Content. NB does not claim ownership of the User Content you provide to NB. Unless otherwise specified, you retain copyright and any other rights you already hold over such User Content. However, you acknowledge and agree that by providing User Content, you give NB, its subsidiaries, affiliates, contractors, sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for NB to make such User Content available to other companies, organizations, or individuals with whom NB has relationships, and to use such User Content in connection with the provision of those services. You acknowledge that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, and not NB, are entirely responsible for all User Content that you provide.

Genetic Data and Self-Reported Information. Upon written request by you, NB will remove any Genetic Data and Self-Reported Information provided by you or a legal representative, subject to the terms of these Terms and Conditions and the NB Privacy Policy. Disclosure of individual-level Genetic Data or Self-Reported Information to third parties will not occur without explicit written consent, unless required by law. You further acknowledge and agree that you are responsible for protecting and enforcing these rights and that NB has no obligation to do so on your behalf. 

Waiver of Property Rights. You acknowledge and agree that by providing any saliva sample, having Genetic Data processed and/or analyzed, accessing Genetic Data, submitting Self-Reported Information or User Content to NB, you acquire no rights in any research or commercial products that may be developed by NB or its affiliates or collaborating partners. You acknowledge and agree that you will not receive compensation in any form for any research or commercial products that include or result from your Genetic Data, Self-Reported Information, or User Content. 

6. Modifications to Service

NB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (1) modifications may result in a delay in computations for some of the NB features or Services, and (2) NB shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

You acknowledge that NB may offer different or additional technologies or features to collect and/or interpret Genetic Data in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Data without fee, and that you will have to pay additional fees in order to have your Genetic Data collected, processed, and/or interpreted using any future or additional technologies or features.

7. Modifications to Terms of Service

NB may make changes to these Terms of Service from time to time. When these changes are made, NB will make a new copy of the Terms of Service available at https://NBresults.com. If we make significant changes, NB will notify you by posting a notice on our aforementioned website. You understand that you have the affirmative obligation to check the Terms of Service periodically for changes, and you hereby agree to periodically review the Terms of Service for such changes. You acknowledge and agree that if you use the Services after the date on which the Terms of Service have changed, NB will treat your continued use as acceptance of the updated Terms of Service. 

8. Survival of Terms

When the Terms of Service come to an end, all of the legal rights, obligations, and liabilities that you and NB have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1.(Definitions); 2.(Prerequisites to Your Use of the Services); 3.(Risks and Considerations Regarding NB Services and Genetic Data); 4.(NB’s Proprietary Rights); 5.(Your Proprietary Rights); 6.(Modifications to Service); 7.(Modifications to Terms of Service); 8.(Survival of Terms); 9.(Hyperlinks and Websites); 10.(Refund Policy); 11.(Notice); 12.(Termination); 13.(Indemnity); 14.(DISCLAIMER OF WARRANTIES); and 15.(LIMITATION OF LIABILITY) shall continue to apply to such rights, obligations, and liabilities indefinitely.

9. Hyperlinks and Websites

NB and affiliates may provide links or references to other sites and resources on the Internet. NB and its affiliates have no control or responsibility for the availability, content, advertising, products, recommendations, or other materials provided by such sites or resources. You further acknowledge and agree that any loss or damage caused by or alleged to be caused by these hyperlinked sites or resources is not the responsibility of NB. 

10. Refund Policy 

If you feel your report did not meet your expectations, please contact customer service at 1(800) 445-4647 to discuss a possible refund and to let us know how we can better meet your expectations. 

11. Notice

Notices to you may be made via either email or regular mail. NB may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to you generally on or through the Services or at https://NBresults.com. Official notices related to this Terms of Service must be sent to NB at:

NB Analytical, LLC
1877 W 2800 S
Ogden, UT 84401
info@nutri-biome.com

Any notice that you provide that does not comply with this Section shall have no legal effect.

12. Termination

You are not obligated to use the Services, and you may cease using the Services at any time without notice to NB.

If you want to terminate your legal agreement with NB, you may contact us at info@nutri-biome.com to request that your Account, Personal Data, and Self-Reported Information be deleted. Upon executing your request, you will no longer be able to sign into your Account. 

The Terms of Service will continue to apply until terminated by NB as set out in this Section. NB may at any time terminate its legal agreement with you if: (1) you have breached any provision of the Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service); (2) NB is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) a partner with whom NB offered the Services to you has terminated its relationship with NB or ceased to offer the Services to you; (4) NB is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by NB is, in NB’s opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that NB shall not be liable to you or any third party for any termination of your access to the Services.

13. Indemnity

You agree to defend and hold NB, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms of Service; or your violation of any rights of another.

If you have submitted a saliva sample or otherwise provided your own Genetic Data, you will defend and hold harmless NB, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Data, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless NB, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK; (2) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (3) NB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NB MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. NB DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, NB SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

15. LIMITATION OF LIABILITY

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST NB.