TERMS OF USE

Terms Effective August 21, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to NutriSync (the "Website"), a website and service owned and operated by BodySync, Inc. ("BodySync", "NutriSync," "we," or "us"). By accessing or using our Website or the Services (as defined below) made available through the Website, or submitting a DNA sample to us, you acknowledge that you have read and understood all the terms and conditions of use set forth in this agreement (the "Agreement") and the Informed Consent included in your online Lifestyle survey and that you agree to be bound by their provisions.

IF ANY OF THE TERMS OF THIS AGREEMENT, OR THE TERMS OF THE INFORMATION CONSENT AGREEMENT, OR ANY FUTURE CHANGES MADE TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USAGE OF THE WEBSITE AND THE SERVICES. YOUR CONTINUED USE OF THE WEBSITE OR OUR SERVICES NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, AND/OR MODIFICATIONS. IF YOU VIOLATE THE TERMS OF THIS AGREEMENT, WE MAY TERMINATE YOUR USER ACCOUNT, RESTRICT YOUR ACCESS TO THE WEBSITE AND REFUSE TO PROVIDE SERVICES TO YOU.

1. ELIGIBILITY.
You represent and warrant that you are 18 years of age or older, that you are of the age of consent and that you are not an employer or an insurance company seeking to obtain information about an employee or insured person, and that the genetic testing conducted by BodySync and shipment of your DNA sample is not subject to any restriction in the state or country in which you reside. For participants under the age of 18 years of age or under the legal age of consent to form a binding contract in your jurisdiction, your parents or guardian must provide his/her information and agree to all requirements to participate. For participants under legal guardianship, his/her guardian must provide his/her information and agree to all requirements on the participant’s behalf to access or use the Website. If you do not live in an eligible jurisdiction, do not access or use the Website, register as a Website user or use the Services.

2. SERVICES.
We make available various services and products to you through our commercialization partners (collectively, the "Services"). The Services include (a) genotyping services, and (b) the provision of information about genetics, health, wellness, diet, lifestyle and nutrition. The term "Services" includes any information that BodySync provides to you through this website or through partner web user portals. Without prior notice to you, BodySync at any time may add new services or modify existing services, all of which shall be deemed Services subject to this Agreement.

3. LICENSE; BINDING AGREEMENT.
BodySync grants you a limited, non-transferable license to use the Services, including this Website and all related software, in accordance with this Agreement. You agree not to use the Services for any other purposes. This Agreement sets forth the binding legal agreement between you and BodySync regarding your use of the Services. Additional legal terms and rules may be posted on the Website and shall apply to particular Services. These additional terms and rules are incorporated by reference in this Agreement and shall govern your use of those Services.

4.REGISTRATION; YOUR ACCOUNT.
You represent that all of the information you provide BodySync, including your contact information, is true and accurate. By creating an account or otherwise registering with NutriSync, you hereby understand and agree that you have created a business relationship between you and BodySync. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.

5. SERVICES LIMITATIONS.
The Services provided by NutriSync are solely for research and educational purposes and uses. Although based on scientific research, the Services, including all information about genetic findings and probabilities, shall not be relied upon by you or any other person to diagnose, cure, treat, mitigate or prevent any disease or health condition. You should consult with a physician or other appropriate Health Care Professional regarding the diagnosis, cure, treatment, mitigation and prevention of any disease or health condition. We do not recommend or endorse any specific tests, treatments, drugs, medical devices, procedures or other healthcare information that are referred to on the Website.

6. HEALTH RELATED INFORMATION.
The information contained in the Website is provided for informational purposes only. NutriSync is not engaged in rendering medical or similar professional services or advice via the Website, and the information provided is not meant to substitute for the advice provided by your doctor or other Health Care Professional. We do not warrant the accuracy, effectiveness and suitability of this information. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by health care or nutrition professionals employed by or contracting with BodySync) for diagnosing, curing, treating or mitigating a health problem or disease, or prescribing any medication. You should always consult with a doctor or other qualified healthcare professional. YOU SHOULD NOT CONSTRUE OUR PUBLICATION OF THIS CONTENT AS ANY WARRANTY OR GUARANTEE OF ANY STRATEGY, RECOMMENDATION, TREATMENT, ACTION, ASSESSMENT, PLAN OR APPLICATION OF MEDICATION OR PREPARATION.

7. ACCURACY OF INFORMATION.
We attempt to ensure that the information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website. We reserve the right, without prior notice, to refuse service to any customer.

8. INTELLECTUAL PROPERTY RIGHTS.

The design of the Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Website is the property of BodySync, its affiliates or licensors, are protected by copyright, trademark, patent and other laws, and may not be used except as permitted in this Agreement or with prior written permission of the owner of such material. BodySync gives you permission to download, copy or print the content and other downloadable materials displayed on the Website for your own personal, non-commercial use only. All copyright notices and other identifying information should not be removed from downloaded materials. You may not modify the information or materials displayed on the Website in any way or, except as noted above, reproduce, publicly display, perform, transmit or distribute, exploit or otherwise use any such information or materials in any way for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, and other laws and regulations.

9. TRADEMARKS.
Unless otherwise noted, the trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of BodySync and its affiliates and licensors. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of BodySync or such other owner.

10. THIRD PARTY LINKS.
The Website may contain links to web sites that are not owned, operated or controlled by BodySync. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Thus, BodySync is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on, such third-party Websites. Your use of third-party Websites is subject to the terms of use for such Sites. If you decide to access any of the third-party Websites linked to the Website, you do so entirely at your own risk.

11. INAPPROPRIATE MATERIAL.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12. USER INFORMATION.
Other than personally identifiable information, which is subject to our Privacy Policy and Genetic Information (defined below) derived from your DNA sample, which is owned by you, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post on the Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. For purposes of this Agreement, "Genetic Information" means the Insertions, Deletions, A’s, T’s, C’s, and G’s at particular locations in your genome.

13. PRIVACY.
You agree that you have read our Privacy Policy and agree that the terms of the Privacy Policy are reasonable. You consent to the use of your information by BodySync in accordance with the terms of and for the purposes set forth in our Privacy Policy. Although we have taken reasonable and appropriate measures to ensure that your information is not otherwise disclosed, we cannot and do not make any guarantees. If you provide any third party access to your personal information, you assume responsibility for any consequences caused by such access and you warrant that you take responsibility for any and all consequences that may result from your sharing access to your personal information, including your genetic information.

14. DISCLAIMERS.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER BODYSYNC NOR ANY OF ITS RESPECTIVE AFFILIATES OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER BODYSYNC NOR ANY OF ITS RESPECTIVE AFFILIATES OR LICENSORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

15. LIMITATIONS OF LIABILITY.
BodySync does not assume any responsibility and will not be liable for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website. IN NO EVENT WILL BODYSYNC OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEB SITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE RECEIVED THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN OF SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.

16. INDEMNIFICATION.
You agree to indemnify, hold harmless and defend BodySync and our affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, from and against any and all claims, losses, demands, causes of action, liabilities, damages and expenses, including reasonable attorneys' fees, asserted or made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of this Agreement, or your violation of any rights of another party. This indemnity survives termination of this Agreement.

17. CHOICE OF LAW; JURISDICTION.
This Agreement shall be governed by the laws of the State of California without regard to its rules on conflict or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of California for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and BodySync relating to your use of the Website or Sites. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. TERMINATION.
You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue any aspect of the Website at any time without notice.

19. DOMESTIC USE; EXPORT RESTRICTIONS.
We maintain the Website from our offices in the United States of America. We make no representation that the Website or its content (including, without limitation, the Service made available on or through the Sites) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website or Sites may be downloaded in violation of United States law.

20. NOTICES.
Notices may be sent to you by email or regular mail at the email or mailing address you provide in your user profile.

21. NOTICE OF INFRINGEMENT.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this Website, please write to us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the content on this Website that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. BodySync will remove any content on this Website that infringes the copyright or other intellectual property right of any person under United States law upon receipt of such a statement. Statements of infringement under this section should be submitted to: Intellectual Property Administrator, 12635 E. Montview Blvd., Suite #224, Aurora CO, 80045, U.S.A.

22. GENERAL.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

23. ADDITIONAL ASSISTANCE.
If you do not understand any of the terms of this Agreement or if you have any questions or comments, we invite you to contact us at BodySync, U.S.A.

Copyright © 2016 BodySync, Inc. All Rights Reserved.