Web Site Terms and Conditions of Use

Updated: November 17th, 2023

Terms and Conditions Governing the Use of the www.mygenefood.com Websites

Introduction

Welcome to the www.mygenefood.com website (“Website”). Gene Food, Inc. (“Company”) created and maintains this website to provide you with advice on nutrition, including recipe and nutrition recommendations based on your DNA. You may use this website, provided you comply with these terms and conditions.

In addition to these terms and conditions you should also read and be aware of the provisions of our Privacy Policy, which discloses the Company practices regarding the collection and use of your personal information, and other policies that govern other parts of the Company Website, which is incorporated by this reference into these Terms and Conditions.

Your Acceptance of These Terms and Conditions

PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.

Eligibility

The DNA Based Health Reports and GeneFood Services are currently only available in the US & Canada.

The Website is not intended for anyone under the age of 18. By using the Website, you represent that you meet the eligibility requirements in this Section and affirm that you are over the age of 18.

Use of the Services is void where prohibited. Persons under 18 are not permitted to use or register for the Services. Providing false information to create an account is always a violation of this Agreement. This includes accounts registered on the behalf of children under the Minimum Age by older parties. If your underage child (child under the Minimum Age) has created an account on GeneFood, please send an email to us via our Website Contact Form and we will delete the account. If you would like to report an account registered for an underage child to us, please email the details to us via our Website Contact Form. We will promptly delete the account of any child under the Minimum Age that is reported to us.

Minors

Except with respect to DNA Services (see in the “Eligibility” Sub-Section under the Section “DNA Services” above), if you are under the age of 18, you can use the Service only by first obtaining the consent of your parent or guardian for the use of the Service (“Consent”). Minors must not use the Service without Consent until they reach the age of 18.

A mandatory parent/guardian consent form will be required when a minor signs up or logs in or if a parent/guardian seeks the Services for a minor. In the consent form, a parent or guardian is required to enter their full name and email address and to check boxes that declare that they are a parent or guardian of the minor, accept this Agreement and the privacy policy of the Service, and take responsibility for the use of the Service by or on behalf of the minor. If the consent form is displayed, the Service cannot be used until it is filled out. When the consent form is filled out and submitted, the Service will document the details of the Consent but will not make any further use of the details of the parent or guardian filled in the consent form.

These Terms and Conditions May Change

Company reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Website.

DNA Health Reports

You agree and understand that the Diet Type and DNA Health Reports offered by the Company are for informational purposes only, are not medical advice and are not intended to create a patient-healthcare relationship between GeneFood and you. The Company’s Nutrition Consulting services cannot treat or diagnose any illness and should not be considered a substitute for visits to a doctor or other qualified healthcare provider. By signing up for a Nutrition Plan, you acknowledge that you are under the care of a physician and any nutritional information from Company will also be discussed with your physician before implementing. The use of the information provided as part of the Services is solely at your own risk.

The DNA Health Reports provide genetic risk information based on assessment of specific genetic variants but do not report on your entire genetic profile. The DNA Health Reports do not detect all genetic variants related to a given disease or trait, and the absence of a variant tested does not rule out the presence of other genetic variants that may be related to the disease or trait.

In addition, for most diseases and traits, the genes we know about are only responsible for a portion of the overall risk. Other factors such as environment and lifestyle may affect the risk of developing a given disease or trait and, depending on the condition, may be more important predictors. If your data indicate that you are not at elevated genetic risk for a disease or condition, you should not feel safe. The opposite is also true; if your data indicate you are at an elevated genetic risk for a disease or condition, it does not mean you will definitively develop such disease or condition. Any findings within the Diet Type and DNA Health Reports should be confirmed and supplemented by additional medical and clinical testing and information.

GeneFood Diet Types and DNA Health Reports generated through our website are not a substitute for allergy testing and should not be considered in allergy diagnosis, evaluation or testing.

Third Party DNA Services – Lab Partners

GeneFood offers DNA test kits for evaluation of DNA as a service to its customers (“Third Party DNA Test Kits”). Test kits offered by Gene Food are not manufactured by GeneFood but are obtained from our authorized partners and are not cleared or approved by the United States Food and Drug Administration (FDA). The FDA does not require such tests to go through premarket FDA review. Gene Food only works with partners who are CLIA-certified labs.

If you buy a test kit from GeneFood you specifically agree that your DNA will be genotyped by one of our partner companies. The third-party lab will send GeneFood your raw DNA data which will be analyzed by the proprietary GeneFood algorithm for the purposes of provided a personalized nutrition regimen designed to tailor diet, lifestyle and exercise recommendations to genetic predispositions GeneFood has identified through scientific research processes. GeneFood will only use those portions of the DNA in your genome which GeneFood finds useful in its scoring system. Use of Third-Party DNA Kits is at your own risk.

DNA Services

This Section applies to the Services, including, among others, the ordering of a Third Party DNA Test kit for purposes of providing raw DNA data to GeneFood, submission of DNA samples to our authorized partners, the upload of raw DNA data to our site, the outputs of the genetic analysis of the raw DNA Data which include proprietary GeneFood nutrigenomic diet analysis and lifestyle recommendations, along with genetic health analysis of the DNA Results which may include genetic predispositions, risk factors, sleep chronotypes and exercise tips (collectively, the “Services” also referred to as “DNA Based Health Reports”) and your rights, obligations and restrictions regarding your use of the Services. Please note that in order to use the Services, you will need to register on the Website. Your use of the Services is subject to this Agreement and the GeneFood Privacy Policy.

By submitting your DNA samples to GeneFood partners, you give permission to GeneFood partners to directly or indirectly extract the DNA from the samples, perform genetic analysis on the DNA using methods available now and developed in the future, to disclose the results of the tests performed by way of providing the respective Raw DNA Reports to GeneFood to allow you to download the DNA Health Results, in each and every case subject to and in accordance with this Agreement and with the Privacy Policy.

You acknowledge that in the event that you download your DNA Health Results: 1) such download will create a copy that is not protected by GeneFood’s security and privacy settings; 2) such download and the storage of your DNA Results after you have downloaded it, shall all be made at your own risk; and 3) GeneFood will not have any control over the downloaded DNA Results and shall not be liable to you or to any third party in connection with such download and/or storage.

We do not claim any ownership rights in the DNA samples provided to third parties for purposes of extracting raw DNA and submitting to GeneFood for processing. The raw DNA Results and/or the genetic genealogy and genetic health information in the DNA Reports provided to us. Any genetic health information derived from the DNA samples, the DNA Results and/or appears in the DNA Reports continues to belong to the person from whom the DNA was collected, subject only to the rights granted to GeneFood in this Agreement. In addition, you understand that by providing DNA samples to third parties and/or DNA Results to us, you acquire no rights in any research or commercial products that may be developed by us that may relate to your DNA.

You can, at any time, delete your Raw DNA Results and DNA Health Reports from the Website by requesting that your account be removed via our Website Contact Form.

By submitting DNA samples to our third party partners for processing and/or Raw DNA Results to the Website, you grant us a royalty-free, world-wide license to use your DNA samples, the DNA Results and the resulting DNA Reports, and, solely for purposes of the DNA Health Services, any DNA samples and/or DNA Results you submit for any person from whom you obtained legal authorization as described in this Section and the resulting DNA Health Reports, to the minimum extent necessary to allow us to provide the Service to you. The license you grant to us is not perpetual, and it is revocable as you are able at any time to delete your DNA Health Results and Raw DNA Reports permanently from the Website and to direct our third-party partners destroy your DNA samples. You hereby release us from any and all claims, liens, demands, actions or suits in connection with the DNA testing, DNA samples, DNA Results and/or DNA Health Reports, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This section continues even if you stop using the Website or the DNA Services.

You confirm that the submission of a DNA sample by you is not subject to any export ban or restriction in the state in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA samples, DNA Results and/or DNA Reports and their storage from the state or jurisdiction in which you reside. You agree that the DNA samples will be stored according to our third-party partners’ specifications and are not within the control of GeneFood.

We reserve the right, in our sole discretion, to reject, block, refuse to post, or remove any Raw DNA Reports and/or DNA Health Results submitted by you or provided by us following processing of your DNA sample, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the DNA Services at any time, for any or no reason, with or without prior notice, and without liability, except that we will refund you in case you have purchased a GeneFood DNA kit from us and we have exercised this right.

DNA Samples and DNA Results; DNA Reports

You are solely responsible for the DNA sample(s) you send to GeneFood partners, for the raw DNA uploaded to the GeneFood website and for any material or information that you transmit to us, our members and for any interactions with other users. GeneFood does not control or endorse any actions resulting from your participation in the DNA Health Services and, therefore, GeneFood specifically disclaims any liability with regard to any actions resulting from your participation in the Services. We make no warranties, express or implied, as to the underlying Raw DNA Results and DNA Health Reports or to the accuracy, reliability, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or the DNA Services or the DNA Health Reports.

By using the DNA Services, you acknowledge that you may learn information you do not anticipate from the DNA Health Reports, which may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., that you have a higher-than-average risk of developing an incurable condition like heart disease or Alzheimer’s disease). Once you obtain this information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. These outcomes could have social, legal, or economic implications.

You further acknowledge that your use of the DNA Services and receipt of the resulting DNA Health Reports may have serious implications not only for you, but also for your immediate or other family members, since they share some of your DNA. If you are in any way concerned about any such potential implications, DO NOT USE the DNA Services.

Genetic information you share with others could be used against your interests and therefore you should be careful about sharing it with others. Even if you share genetic information (such as the DNA Results and/or DNA Health Reports) that have no meaning or limited meaning today, that information could have greater meaning in the future as new discoveries are made. In the future, businesses or insurance companies may request such information from you. The Genetic Information Non-discrimination Act (GINA) was signed into law in the United States in 2008, and some, but not all, states and countries have laws that protect individuals regarding their genetic information. You may want to consult a lawyer to understand the extent of legal protection of your genetic information before you share it with anybody.

If you export your GeneFood DNA Health data and upload it to a third-party service, for health analysis, some genetic information not reported to you on GeneFood that GeneFood has not validated may be exposed, and GeneFood does not take responsibility for such information as the DNA data for some variants may be miscalled. Exporting DNA data from GeneFood and subsequently uploading it to a third-party service is solely at your own risk. In the same way, raw DNA data that is uploaded to GeneFood from other sites may have miscalled or misidentified information that will change the DNA Health Plans. This is why GeneFood uses raw data. However, there can be irregularities in the manner in which raw data is generated. GeneFood does not take responsibility for these errors.

Health Intelligence Subscriptions

GeneFood offers a “Health Intelligence” premium subscription plan billed at $99 annually. The Health Intelligence annual subscription is billed automatically and auto-renews.

To avoid your subscription from automatically renewing and being charged the then-applicable subscription fee and any taxes, please make sure to notify us at least one day prior to the end of the current subscription period that you want to cancel or do not want to auto-renew or visit your Account page from your GeneFood profile to cancel.

It is important to ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old subscription plan that is no longer offered by stopping its renewal, or allowing it to expire, you may not be guaranteed to be able to purchase it again at the same price in the future.

Prices and terms for subscriptions may change at any time, but we will give you reasonable notice of any change in price or terms before they go into effect. If you do not wish to renew your subscription under these new prices or terms, you may cancel your subscription as described above. As a part of the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You can securely store your credit/debit card information with us and authorize the Payment Method to be used automatically for your payment responsibilities. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with us. You represent and warrant that the credit/debit card information you provide is true, correct and complete, charges you incur will be honored by your credit/debit card company, you will pay the charges incurred in the amounts posted, including any applicable taxes, and you are authorized to make a purchase or other transaction with the relevant credit/debit card and information. We will bill the Payment Method automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term.

IMPORTANT INFORMATION REGARDING CONTENT OF THIS WEBSITE, MATERIALS AND THIRD PARTY PRODUCTS

The information and resources provided on or via this Website are intended solely to deliver information for consideration by users of this Website. Neither the information contained on this Website nor any materials that Company may provide to you as a result of your use of the services offered via this Website (“Materials”) are intended to be used as medical advice regarding any medical condition or health problem, and you should seek all such medical advice from your physician.

Company makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of this Website or the Materials. Company does not assume any risk whatsoever for your use of this Website, any information or resources contained therein, or any linked third-party resources, including without limitation any Materials. In using this Website and/or the Materials, you agree that Company shall not be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of this Website and/or the Materials. Company does not assume any responsibility for any medical treatment of individuals using this Website, any information or resources contained therein, or any linked third-party resources, including without limitation any Materials. You assume the risk of the limitations inherent in the nature of this Website and/or the Materials and understand that no warranty or guarantee is made concerning any particular result.

The Website may now or in the future contain references to certain third party products (“Third Party Products”). Company does not endorse or certify any Third Party Products. Company provides no recommendation or opinion regarding any Third Party Products, including without limitation as to their quality, merchantability or usefulness. The Company does not conduct any laboratory testing or any other evaluation of Third Party Products to determine whether such products conform to their specifications.

You should be aware that the Company may earn revenue on purchases of Third Party Products by users who are directed to purchase Third Party Products via a link contained on this Website. The Company does not take any fees or any other compensation directly from the manufacturers of Third Party Products.

Account Information and Purchases

In order to access the Website, you may be required to create an account. You acknowledge, consent, and agree that Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms; (iii) provide certain customized features of the Website to you, if any; (iv) respond if you contact Company for any reason; or (v) protect the rights, property, or personal safety of Company, its other users, and the public. We may also provide functionality designed to permit you to register with the Website through your account(s) with certain third party services, such as email providers, social networks (including, but not limited to, Facebook), and other online application platforms to which you may be a user (collectively, “Third Party Website(s)”). When you register through your Third Party Website account, you will be asked to login to the Website using your Third Party Website account credentials. By creating a member account via your account with a Third Party Website, you are allowing Company to access your Third Party Website account information and you are agreeing to abide by the applicable terms and conditions of your Third Party Website. If you are not currently registered as a member and you click to login with a Third Party Website, you will first be asked to enter your Third Party Website credentials and then be given the option to register with the Website. You may be able to automatically post historical activity back to the applicable Third Party Website, and you may also have the option to disable the connection between your account and Third Party Website account at any time by accessing the Third Party Website account and disconnecting access to the Website.

Password

If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Company. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, COMPANY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Health Coaching and Consulting Services

You agree and understand that any Health Coaching services offered by the Company are not medical advice. The Company’s Nutrition Consulting services cannot treat or diagnose any illness. By signing up for a Health Coaching or Nutrition Consulting consult, you acknowledge that you are under the care of a physician and any nutritional intervention discussed will also be discussed with your physician before implementing.

Payments and Cancellation

You agree to pay all applicable fees for your use of the Website, including the amounts due for purchases of any Materials or other services made on or via the Website, plus any applicable taxes or other charges as may be required, when due and payable. The Website currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards and via PayPal, as detailed on the applicable payment screen.

Refund Policy

For 23andme and Ancestry plans:

Our nutrition plans based on Ancestry and 23andme raw data are digital products that cannot be returned once accessed. As a result, we offer refunds for these plans only prior to logging in and accessing the nutrition plan. If you haven’t yet logged in and would like to request a refund, please use the Website Contact Form and we will respond within 24 hours.

For test kits:

Returns are accepted for unopened kits. Notify us of the refund request through our Website Contact Form. Unopened kits sent back to Gene Food within 14 days of receipt will receive an 90% refund.

You will be liable for all fees and costs associated with shipping and / or returning of the kit to us, subject to applicable law.

In order to receive a 90% refund on your kit purchased from Gene Food, test kits are required to be sent back undamaged and unused in original, sealed packaging.

If the kit has been opened but not used or processed, or if you notify us of your request for a refund prior to receiving your nutrition plan results, you will receive a refund of 50% of the price paid for the kit.

In the case of test kits, we cannot offer a refund after the nutrition plan has issued and results have been sent.

Purchase Processing

When you place an order for Materials through the Website, the Materials will be shipped to the address you designate as the “Shipping Address” during the check-out process, or sent to you electronically to your designated email address. If there is a dispute regarding any purchases, please email us at [email protected] and we will provide you with return instructions and issue a refund.

Website Availability

Company may make changes to or discontinue any of the media, products, or services available within the Website at any time, and without notice. The media, products, or services on the Website may be out of date, and Company makes no commitment to update these materials on the Website.

Links to Other Websites

This site may contain hyperlinks to third party websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Company does not review or control these websites and is not responsible for their content. Company expressly disclaims any responsibility for the content of any third party websites linked to the Company Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Company does not make any representations regarding the content or accuracy of materials on such non-Company websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, except that the trademarks, service marks and logos relating to Third Party Products or third party websites are the trademarks, service marks and logos of the relevant third parties. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any the trademark, service mark or logo of Company or its affiliates without first obtaining written permission from Company.

Copyright Notice and Limited License

Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:

Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company
Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company
Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality

No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.

Digital Millennium Copyright Act Compliance.

Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: by email at [info@ mygenefood.com]. For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through [[email protected]]. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Unsolicited Ideas

Company welcomes your comments and feedback regarding this Website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Company through this Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to Company through this Website, you assign to Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Company will be entitled to use any information or materials you submit through this website for any purpose whatsoever subject to the Company Privacy Policy, without restriction and without compensating you in any way.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

DISCLAIMER OF WARRANTIES

THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR THE MATERIALS OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

TERMINATION

If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.

GOVERNING LAW AND JURISDICTION

This Website is controlled and operated by Company from its offices within the State of Wyoming within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of Wyoming. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of Wyoming for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of State of Wyoming shall have exclusive jurisdiction over all such actions.

SEVERABILITY AND NO WAIVER

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and Company with respect to your access to and/or use of this Website, the Materials and the Content and shall not be modified except by Company as provided herein or through a written document signed by both parties. Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

GENE FOOD, INC.

970 W. Broadway, Ste E, #422, Jackson, WY, 83001

EMAIL: info@ mygenefood.com