Terms of Service

HealthierCompany Service Agreement and Informed Consent

This Terms of Use Agreement (as amended from time to time) ("Agreement") made between you and HealthierCompany LLC, the provider of the HealthierCompany Services (as defined below), sets out the legally binding terms for your use of the www.healthiercompany.com website (including all areas of such website) and any successor websites ("Website") and the services it provides (collectively the "HealthierCompany Services"). By using the HealthierCompany Services you agree to be bound by the terms of this Agreement, whether or not you become a member.

This Agreement includes terms and conditions for the acceptable use of the HealthierCompany Services and content posted on the Website, and your rights and obligations and restrictions regarding your use of the HealthierCompany Services. Please see the HealthierCompany Privacy Policy for more information about how HealthierCompany LLC collects, uses, and shares information on the Website.

HealthierCompany LLC can unilaterally modify the terms and conditions of this Agreement at any time and such modifications shall become effective upon posting byHealthierCompany LLC on the Website. You agree to be bound to any changes to this Agreement when you use the HealthierCompany Services after any such modifications are posted. It is therefore important that you review this Agreement regularly to ensure you are up to date with any changes. If, at any relevant time, you do not agree with any of the terms of this Agreement (as modified or otherwise), you must immediately discontinue your use of the HealthierCompany Services and no longer interact with or utilize the content on the Website.

You must take care in choosing the information you post on the Website and that you provide to other users of the HealthierCompany Services and the Website. Your profile on the Website and other related or linked content shall not include any photographs containing nudity, or any obscene, lewd, offensive, violent, harassing, sexually explicit or otherwise objectionable subject matter whatsoever, or otherwise in any manner violate the terms of this Agreement. Notwithstanding this prohibition, information provided by other users of the HealthierCompany Services and the Website or other related or linked content (for example, in their family trees and individual profiles) may contain inaccurate, inappropriate, offensive, sexually explicit or otherwise inappropriate material and HealthierCompany LLC assumes no responsibility or liability for this material. If you become aware of any misuse of the HealthierCompany Services or the Website by any person, please contact HealthierCompany LLC immediately by using the 'Contact Us' page of the Website. In order to protect children, you should not provide email addresses or other contact details for anyone less than 13 years of age.

HealthierCompany LLC reserves the right and sole discretion to reject, block, refuse to post or remove any content, related material or link or other posting (including private messages) by you, or to restrict, suspend, or terminate the Agreement or your access to all or any part of the Website and/or the HealthierCompany Services at any time, for any or no reason, with or without prior notice, and without liability. Even after membership is terminated, the Agreement will remain in effect.

Unless explicitly stated otherwise, any new features that augment or enhance the HealthierCompany Services and/or the Website shall be subject to the terms and conditions of this Agreement.

HealthierCompany LLC is constantly innovating to keep abreast of the latest in health research, to provide its members with the best possible experience. You acknowledge and agree that the form and nature of the HealthierCompany Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that HealthierCompany LLC may discontinue or limit some HealthierCompany Services (or any features within the HealthierCompany Services) at HealthierCompany LLC's sole discretion, without prior notice to you.

Health Reports

Although HealthierCompany LLC uses the latest health research and state of the art technology and high quality standards, HealthierCompany LLC provides no guarantee that the results of the Service will be successful or provide accurate results.

The Website will provide you with complex information in a simplified form the accuracy of which depends on, among other things, the correctness of the information you provide, reported results in the publicly available health and medical literature, publicly available reference data and analysis software.

You acknowledge that results provided to you by HealthierCompany LLC reflect what HealthierCompany LLC believes to be the most up-to-date knowledge about the role of health in an individual's state of being. These results may therefore change from time to time, based on updates of the HealthierCompany Services and the corresponding scientific knowledge. HealthierCompany LLC will use reasonable efforts to provide you with information on such updates, but HealthierCompany LLC will have no liability if it does not provide such updates.

The HealthierCompany Services do not in any way replace the need for regular medical check-ups. The HealthierCompany Services are not to be used by you or any other person to diagnose, cure, treat, mitigate, or prevent a disease or other impairment or condition, or to ascertain your health. You should always seek the advice of your physician or other appropriate healthcare professional with any questions you may have regarding your general health, wellbeing, diagnosis, cure, treatment,mitigation, or prevention of any disease or other medical condition or impairment.

Any health related information you obtain on or through the HealthierCompany Services is a summary intended to provide a broad understanding of disease prevention. HealthierCompany LLC makes and gives no warranty or representation as to the accuracy, usefulness or completeness of the information on the Website or provided, produced or presented by the HealthierCompany Services. HealthierCompany LLC is not responsible for any damages or losses that result from the interpretation, use of the contents or information on the Website or provided, produced or presented by the HealthierCompany Services.

The HealthierCompany Services cannot predict if you will get a particular disease, it estimates your risk by relating information provided by you or through the HealthierCompany Services to the relevant scientific literature available from time to time. Risk estimates are only as accurate as the data used in the risk model. You acknowledge your understanding of genetic and disease risk as a statistical measure that has implications derived from a large group of people with characteristics that may be equivalent to yours but does not determine your chances for getting the corresponding disease, the disease severity, or the disease outcome.

The reported risks may in some cases only be applicable to a certain group of people (e.g. based on gender, ethnicity, lifestyle, family history etc.) that you may or may not belong to.

For any given disease, the risk calculation may not account for all factors.

The scientific findings used as the basis for the HealthierCompany Services may not be subject to approval by regulatory bodies in any country.

The HealthierCompany Services are not licensed by any authorities for health and disease-related purposes.

Reliance on any information provided by HealthierCompany LLC, its officers, agents or employees, or other persons appearing on the Website at the invitation of HealthierCompany LLC, or other visitors to or Members of the Website is solely at your own risk.

Lawful Use of the HealthierCompany Services

Eligibility. Use of and Membership of the HealthierCompany Services is void where prohibited. By using any of the HealthierCompany Services, you warrant and confirm the following:

  • you have all necessary legal capacity under the laws of the state of your residence to enter this Agreement;
  • all registration information you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • you are 18 years of age or older;
  • any information generated from the HealthierCompany Services will be used for lawful purposes only and will not be used for any business or commercial enterprise or in connection with legal disputes or to discriminate against, harm, harass, cause emotional distress to or abuse any person (including without limitation yourself).

Membership. Where you register to use the Website, each registration is for a single user only. We do not permit you to share your user name and password with any other person, nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Term. This Agreement shall remain in full force and effective while you use HealthierCompany Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on your Account Settings page.

User Accounts. When you sign up to become a member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. Should you do so, you hereby indemnify and agree to indemnify HealthierCompany LLC, its officers, agents and employees against any liability, costs, and/or damages arising out of all claims, suits and actions arising from such access and use. You agree to notify HealthierCompany LLC immediately if you suspect any unauthorized use of your account or other breach of security. You are fully responsible for all activities that occur under your password or account and agree to exit from your account at the end of each session. HealthierCompany LLC is and will not be liable for any loss, claim or damage arising from your failure to comply with any and all terms and conditions of this Agreement.

Email. By registering and providing your email address, you consent to HealthierCompany LLC communicating with you by email to send you HealthierCompany Services related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of HealthierCompany Services related emails. We may also use your email address to send you other messages, including changes to HealthierCompany Services and/or the Website features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements and special offers.

Security. It has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk. HealthierCompany LLC will not be responsible for any use or misuse of information generated from any of the HealthierCompany Services or any other information provided by HealthierCompany LLC to you or any information you provide to HealthierCompany LLC. This includes misuse by you or anyone else other than HealthierCompany LLC.

Content Posted and Conduct. You are solely responsible for any content you post on or through the HealthierCompany Services, and any materials or information that you transmit to other users of the HealthierCompany Services and for your interactions with such other users ("Content"). HealthierCompany LLC does not endorse and has no control over the Content posted by users of the HealthierCompany Services. Such Content is not necessarily reviewed by HealthierCompany LLC prior to posting and does not necessarily reflect the opinions or policies of HealthierCompany LLC. HealthierCompany LLC assumes no responsibility for monitoring the HealthierCompany Services for inappropriate Content or conduct. If at any time HealthierCompany LLC chooses, in its sole discretion, to monitor the HealthierCompany Services, HealthierCompany LLC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the users of the HealthierCompany Services or such user posting such Content. Other than personally identifiable information which is covered under the Privacy Policy, any material you transmit or post to the Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licenses to enable us to do so. You are prohibited from posting or transmitting to or from the Website any material or doing anything in connection with your use of the Website:

  • which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
  • that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
  • for which you have not obtained all necessary licenses and/or approvals;
  • which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  • which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website; and/or
  • which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".

We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this Agreement.

You shall fully indemnify HealthierCompany LLC, our officers, directors, employees, shareholders affiliated companies including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in the above paragraph.

Links to and from other websites. Any links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for such websites or their content or availability. We do not therefore endorse or make any representations about such websites, or any material found there, or any results that may be obtained from using them. If you decide to access any third party websites linked to the Website you do so entirely at your own risk.

If you would like to create a link to the Website, please contact us first via the 'Contact Us' page to request permission. Any links to the Website may only be on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
  • you do not create a frame or any other browser or border environment around the Website;
  • you do not in any way imply that we are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with HealthierCompany LLC, nor present any other false information about us;
  • you do not otherwise use any trade marks and trading names displayed on the Website, including HealthierCompany LLC, without our express prior written permission;
  • you do not link from a website that is not owned by you; and/or
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of this Agreement, and to take any action that we deem appropriate.

You shall fully indemnify HealthierCompany LLC, our officers, directors, employees, shareholders, affiliated companies, including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in this paragraph entitled "Links to and from other websites".

Non-commercial use by Members. The HealthierCompany Services are for the personal use of members only. Unless specifically indorsed or approved in writing by HealthierCompany LLC, you agree 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, any portion, use or access to the HealthierCompany Services. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of privileges as a member. Appropriate legal action will be taken for any illegal or unauthorized use of the HealthierCompany Services.

Intellectual Property and Content

The copyright and other intellectual property rights in all content and material on the Website (including without limitation photographs, logos, trade marks and graphical images) are owned by HealthierCompany LLC, its affiliate or subsidiary companies or its licensors, unless otherwise stated or indicated. All rights which are not expressly granted in the Agreement are reserved.

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.

Use of any extracts from the Website is prohibited. In particular, you are not in any event permitted to:

  • publish, distribute or otherwise reproduce in any format any of the content or copies of the content of the Website;
  • use any content from the Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise;
  • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through the Website.

If you breach any of the terms and/or conditions of the Agreement, your permission to use the Website automatically without notice terminates and you must immediately destroy any downloaded or printed extracts from the Website.

HealthierCompany Proprietary Rights

HealthierCompany LLC hereby grants you a limited, revocable, non-exclusive and non-transferable license to reproduce and display the Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Website and using the HealthierCompany Services in accordance with the Agreement.

HealthierCompany Services contain products, Content and distinctive brand features (e.g. trade names, service marks, logos, domain names) that are protected by copyright, trademark, patent, trade secret and other laws. HealthierCompany LLC owns or licenses and retains all rights to these materials and the HealthierCompany Services.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the HealthierCompany Services.

You acknowledge and agree that HealthierCompany LLC (or HealthierCompany LLC's licensors, as applicable) own legal right, title, and interest in and to the HealthierCompany Services, including any intellectual property rights which subsist in the HealthierCompany Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You may not (and may not allow any third party to) copy, modify, create derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software that form's part of the Website or the HealthierCompany Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by HealthierCompany LLC, in writing.

Your Proprietary Rights

HealthierCompany LLC does not claim ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Website in respect of the HealthierCompany Services, including without limitation, to your profile, to a node or profile of any third party.

After posting your Content to the Website in respect of the HealthierCompany Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose within the terms and in accordance with the conditions of the Agreement.

By displaying or publishing ("posting") any Content on or through the Website in respect of the HealthierCompany Services, you hereby grant, and you represent and warrant that you have the right to grant, to HealthierCompany LLC a perpetual, irrevocable, worldwide, royalty free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such Content.

You agree that this license includes a right for HealthierCompany LLC to make such content available to other companies, organizations, or individuals with whom HealthierCompany LLC has relationships, and to use such content in connection with the provision of those services.

In performing the required technical steps to provide the HealthierCompany Services to our members, you agree that HealthierCompany LLC may:

  • transmit or distribute your content over various public networks and in various media; and
  • make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media.

You confirm and warrant to HealthierCompany LLC that you have all the rights, power, and authority necessary to grant the above license.

Warranties and Disclaimers

While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy or completeness of the material on the Website. We also do not warrant that the Website, or websites which are linked with the Website, are free from computer viruses or any other malicious or impairing computer programs. We may make changes to the material on the Website or to any services or prices described in it at any time without notice.

The material on the Website may be out of date, and we do not make any commitment to update this material.

The content, information and material on the Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Website is provided on the basis that we exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for the Agreement may have effect in relation to the Website.

Service Access

While we endeavor to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Liability

We and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in this legal notice shall exclude or limit our liability for:

  • death or personal injury caused by negligence; or
  • fraud; or
  • misrepresentation as to a fundamental matter; or
  • any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Other Legal Terms

Severability. If any provision of the Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.

Notice. Any notice required or permitted to be given by us to you shall be made by email in accordance with the details that you have submitted to us. Any notice that you give to us shall be sent to our address given below, in writing.

Timeframe for action. Any action arising in connection with your use of the Website, the HealthierCompany Services or HealthierCompany LLC must be brought within one (1) year from the date the event giving rise to such action occurred.