TERMS OF SERVICE

    These Terms of Use are effective as of March 01, 2020. Please read these terms and conditions of use carefully before using this website.

    Smart EpiGenetX LLC, owns and operate the www.nutricare.life website. By using this website, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use the www.nutricare.life website. If you do not agree to all of these Terms of Use, do not use this website. These Terms and Conditions of Use govern your access to and use of the Smart EpiGenetX website including, without limitation, all content such as text, information, images, video and audio (collectively, “Content”) and all services (“Services”) made available to you through the www.nutricare.life website (this website and the Content and Services are collectively referred to herein as the “Site”) by Smart EpiGenetX and/or third parties.

    These Terms of Use should be read along with all other operating rules, policies and procedures and additional terms and conditions published on our Website of which we provide you notice and all of which are incorporated by reference and govern your use of our Website and Service. Capitalized terms, if not defined in these Terms of User are defined in the Privacy Policy. This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and are maintained by Smart EpiGenetX and/or its affiliates, as confidential and proprietary information to be used only in connection with these Terms of Use. This Site may provide access to additional information that may be of use to healthcare providers. We have established the following terms which govern the use of this Site. By using this Site, you are agreeing to be bound by these terms. Smart EpiGenetX may revise and update these Terms and Conditions at any time. Therefore, we encourage you to review this Site and these terms for any updates or changes on a periodic basis. Your present and subsequent use of this Site demonstrates your acceptance of these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS, AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.

 

1. Medical Disclaimers

    The Content available through this Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Smart EpiGenetX through www.nutricare.life website does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the Content obtained through this Site does not establish a physician-patient relationship. Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site. Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.

    The company does not assume any liability for inaccuracies or misstatements about food recipes, supplements or other content on the service. you should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. for additional information about a food product, please contact the manufacturer directly.

    We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. the testimonials and examples that may be provided on the service are results based on a personal approach, which do not apply to an average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.

    Each individual’s health, fitness, and nutrition success depend on his or her background, dedication, desire, and motivation. as with any health-related service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. the use of the service should be based on your own due diligence and you agree that the company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of the service.

    In addition to all other limitations and disclaimers in these terms, the company disclaims any liability or loss in connection with the content provided on the service. you are encouraged to consult with your doctor and other relevant professionals with regard to the information contained on or accessed through the service.

 

2. Identification

    Portions of the Site require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of your user identification and passwords (collectively, “IDs”) assigned to you, (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your IDs, and (3) promptly inform us in writing office@nutricare.life of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use this Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.

 

3. Description

    Smart EpiGenetX makes an integrated nutritional management platform (www.nutricare.life), which combines genomic, gut microbiome, blood, urine markers, lifestyle, health goals, nutrients assessment to recommend a healthier way to live. The recommendations come from evidence-based clinical research studies that Smart EpiGenetX has reviewed and put into its overall algorithm. The action plan may include tailored supplements or other recommendations/services.

 

4. Payment Policy

    Fees are charged for use of the Services and sale of products on the Site.

 

5. User Submissions — Image, Video, Audio Files

    You agree to only post or upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person or entity. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Smart EpiGenetX Privacy Policy. You agree that you will not upload 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 this Site. By uploading any media like a photo or video, (a) you grant to Smart EpiGenetX a perpetual, nonexclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you warrant that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Smart EpiGenetX to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Smart EpiGenetX and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document. Smart EpiGenetX reserves the right to review all media prior to submission to this Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

 

6. Smart EpiGenetX Community and Member to Member Areas (“Public Areas”)

    If you use our Public Areas such as message boards, blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Smart EpiGenetX and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

    Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Smart EpiGenetX in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Collecting information about others, including email addresses, without their identification for posting or viewing comments; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Smart EpiGenetX, exposes Smart EpiGenetX or any of its customers or suppliers to any liability or detriment of any type. Smart EpiGenetX reserves the right but is not obligated to do any or all of the following: Record the dialogue in public chat rooms; Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; Terminate a user’s access to any or all Public Areas and/or the Smart EpiGenetX Site upon any breach of these Terms and Conditions; Monitor, edit, or disclose any communication in the Public Areas; and Edit or delete any communication posted on the Smart EpiGenetX Site, regardless of whether such communication violates these standards.

 

7. Minors Prohibited

    Smart EpiGenetX is for use by adults only. If you are not over 18 years of age, do not use this Site. Smart EpiGenetX is committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.

 

8. Copyright, Ownership and Use

    All of the Content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Smart EpiGenetX, or the suppliers of Content. A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgement of ownership of same in Smart EpiGenetX or its third party suppliers or licensors.

 

9. Disclaimers

    We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating the same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate, or you have a good faith belief in same. You may send such notices to office@nutricare.life. The Content contained on this Site is provided by Smart EpiGenetX or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” basis. You agree that the use of this Site is at your sole risk. Neither Smart EpiGenetX nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally, there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from Health Care Provider or medical professionals.

 

10. Intellectual Property

    You agree that Smart EpiGenetX (or its Content providers) owns all worldwide rights, titles and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without the prior written approval of Smart EpiGenetX. All rights not expressly granted in these Terms of Use are reserved to Smart EpiGenetX. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

 

11. Advertisements and Links to Other Websites

    This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. Smart EpiGenetX may occasionally provide links on its Site to third party websites. These links connect you with other websites which are maintained by other parties over whom Smart EpiGenetX has no control. These links are provided only as a convenience to you, and Smart EpiGenetX does not assume any responsibility nor endorse such other websites. Unless expressly stated by us, Smart EpiGenetX does not, services or websites of any third parties or make any determination whether any such product, service, or website may be either necessary or appropriate for you or for the use in rendering care to patients.

 

12. Customer Satisfaction

    Smart EpiGenetX is committed to customer satisfaction. We attempt to provide access to educational information about wellness and nutritional supplementation with minimum interruption. Notwithstanding any provision in these Terms and Conditions to the contrary, you agree as follows:

    Disclaimer of Warranty. This site and the information, services and materials contained on this site are provided on an “as is” basis and your use of this site are at your own risk. Smart EpiGenetX and its affiliates make no warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising by course of dealing or custom of trade. Neither Smart EpiGenetX nor its affiliates warrant that the information on this site is accurate, reliable or current. Neither Smart EpiGenetX nor any other content providers make any warranty or representation, express or implied, as to the accuracy of the data from which the information is compiled or the accuracy of the information itself, nor the compatibility of the information with any hardware and systems.

    Smart EpiGenetX also makes no representations or warranties that your access to and use of the site (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site. Smart EpiGenetX and any third-party supplier assume no responsibility for any product, brand, method, information or services on this site in any way, and there is no warranty or any assurance that the products or services contained or described on this site will satisfy any requirements that you may have. By using this site, the user acknowledges that it is at the user’s sole risk and the user assumes full responsibility for all risk associated with the use of this site. Neither Smart EpiGenetX nor its affiliates nor any third-party supplier can be assured that the user, in using this site, has selected an appropriate service provider. Again, you should use this site for general informational and educational purposes only and should direct any further inquiries to a professional health care provider. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

    Exclusion of damages. as consideration for user’s opportunity to use the general information and processes provided on this site, user agrees that under no circumstances whatsoever will Smart EpiGenetX or anyone associated with Smart EpiGenetX or this site be liable in any way to you or any other entity for any action or inaction taken by user in reliance upon information or services provided through this site. Neither Smart EpiGenetX nor anyone associated with Smart EpiGenetX shall be liable in any event for any direct, indirect, special, consequential, incidental or punitive damages that result from or relate in any manner whatsoever to (1) your use of the site, or reliance on the content, or (2) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by Smart EpiGenetX or its content providers. The foregoing exclusion shall apply regardless of whether Smart EpiGenetX has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

 

13. Foreign Access or Use

    Smart EpiGenetX LLC operates in the European Union and is a corporation organized under the laws of Romania and the European Union. The servers that host this Website are located in the European Union, and any Personal Information you provide to us will be processed by Smart EpiGenetX in the European Union. By using this Service, your data will be in the European Union.

 

14. Indemnification

    You agree to defend, indemnify and hold Smart EpiGenetX harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Use, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.

 

15. Termination

    Your right to access and use the Site immediately terminates without further notice upon your breach of these Terms of Use. Smart EpiGenetX may terminate this agreement and/or your right to use the Site at any time, with or without cause. Smart EpiGenetX reserves the right to discontinue or make changes to the Site at any time.

 

16. Assignment

    Smart EpiGenetX may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms of Use without the prior written permission of Smart EpiGenetX. Any attempt by you to assign your rights under these Terms of Use without the permission of Smart EpiGenetX shall be void.

 

17. Waiver

    The waiver by Smart EpiGenetX of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

 

18. Severability

    If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.

 

19. Governing Law

    This Site is controlled under the laws of the Romania and European Union. Any claim relating to this Site or Services provided through this Site will be governed by the laws of the Romania and European Union, without giving application to the conflicts of laws provisions thereof.

 

20. Entire Agreement

    These Terms of Use contain the entire agreement between you and Smart EpiGenetX relating to the subject matter hereof and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any Smart EpiGenetX employees.

21. Limitation of liabilities

    In no event will we or our directors, employees, contractors, affiliates or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages.

    Notwithstanding anything to the contrary contained herein, our cumulative liability to you or any third party arising from or in connection with these terms for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or $100.

    You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding

    Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

22. Miscellaneous Information

    You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms of Use, you agree to immediately cease use of the Site.

 

23. Return Policy

    Cancellations may be made by reaching out to customer support at office@nutricare.life and providing your order information and reason for cancellation.

    For Kit Cancellations/Returns:

    You cannot cancel Kits once purchased. If there is an issue with the Kit you are entitled to a refund if a customer service representative feels that is justified.

    For Supplement Subscription Cancellations:

    You may cancel your supplementation order at anytime by reaching out to support. The moment the representative cancels the subscription, the system will not send out or bill any more supplements. However, in the case that a supplement order has already been sent to the supplement vendor for the upcoming shipment, you will be charged for that order.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    Using the Service, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication be in writing.

    YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.

    You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

24. Acceptance of Terms and Conditions

    You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Smart EpiGenetX contrary to those set forth above.

    If you have any questions about these Terms of Use, the practices of this Website, or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your personally identifiable information please contact us at office@nutricare.life