Last Modified: 6.26.2023
This Application is offered and available to users who are aged eighteen (18) years and older. If you are agreeing to be bound by this Agreement on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to this Agreement. By using the Application, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your username, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Application. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that username, password or other identifier would be inappropriate.
In the event that you require any maintenance or support services with respect to the Application, please email firstname.lastname@example.org.
(i) download, install and use the Application for your personal, non-commercial use on mobile devices owned or otherwise controlled by you strictly in accordance with the Application’s documentation; and
(b) License Restrictions. You shall not:
(i) copy the Application, except as expressly permitted by this license;
(ii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(vi) input, upload, transmit or otherwise provide to or through the Application or the Company’s systems, any information or materials that are unlawful or injurious, that violate the Content Standards (as defined below), or that contain, transmit or activate any Harmful Code (as defined below);
(vii) access or use the Application in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable law;
(viii) access or use the Application for purposes of competitive analysis, developing, producing, marketing, distributing, licensing, or selling any product or service that may compete with the Application, or disclosing to the Company’s competitors, for any purpose, otherwise non-public information about the Application; or
The Application is subject to LifeOmic Holdings LLC’s (“LifeOmic”) copyright and LifeOmic owns all Intellectual Property Rights in the LifeOmic Platform Application, although copyrighted, are unpublished and contain proprietary and confidential information of LifeOmic and are considered by LifeOmic to be trade secrets. You agree to hold the Application in confidence and you further agree to take all reasonable precautions to safeguard the confidentiality of such Application.
The Company name, the term “LifeOmic”, the Application’s name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.
Additionally, you agree not to use the Application in any manner that could disable, overburden, damage or impair the Application, or in any manner that could interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application. Without limitation, you must not:
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Application.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Application.
User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations (together with the following restrictions, “Content Standards”). Without limiting the foregoing, User Contributions must not:
We do not allow spam. All spam will be immediately removed. While it is hard to define this content with precision or completeness, here are some representative behaviors we look for that are characteristic of spam:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.
We do not undertake to review all material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you find a post or account that violates these rules, please report it. You can use the “Report Inappropriate Content” link in the app settings to provide more detail or to report other conduct you believe violates our rules. Additionally, you can send us an email to email@example.com.
If you believe your content or account have been restricted or disabled in error, or believe there is relevant context we were not aware of in reaching our determination, you can write to us at firstname.lastname@example.org. We will consider all good faith efforts to appeal.
If we receive a request from a government actor to restrict access to content associated with your account, we will notify you unless we are prohibited by law or believe doing so may endanger others. Where applicable, we will work to limit legally-ordered content restrictions to jurisdictions where we have a good faith belief that we are legally required to restrict the content.
We may enforce, or not enforce, these policies at our sole discretion. These policies don’t create a duty or contractual obligation for us to act.
We also may change these rules at any time.
Termination will not limit any of the Company’s rights or remedies at law or in equity arising prior to termination. This Section 11, and Sections 5(b), 5(c), 6, 7, 9, 10, 13, 14, and 18 through 25 will survive any such termination.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from this Application infringe your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Readout, Inc. d/b/a Journeys Metabolic,
2940 Locust St.
St. Louis, MO 63103
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Application was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Readout, Inc. d/b/a Journeys Metabolic,
2940 Locust St.
St. Louis, MO 63103
The DMCA allows us to restore the removed content the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Application was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The information presented on or through the Application is made available solely for general educational and informational purposes and does not constitute, and is not intended to be the practice of medicine or a review or diagnosis of any condition. The information presented on or through the Application is not medical advice and should not be used as a substitute for, or a replacement of, clinical decision making by a doctor, dietitian, nutritionist, or licensed provider. Please consult with a health care provider for any such medical advice and before starting the use of the Application. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
The Application may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Application is not intended to diagnose, treat, cure or prevent any disease nor does it constitute the practice of medicine. Consult your health care provider before using the Application or before changing your diet or behavior.
We do not offer, and the Application or its services does not constitute, medical or healthcare services or advice. Use of the Application does not create a physician- or health care provider-patient relationship. If you experience any medical emergency while using the Application, immediately stop using the Application and go to the nearest emergency room. Participation in the Program and use of the Application is voluntary and at your own risk, and you expressly assume all risks of participation.
We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Application may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Application, send e-mails or other communications with certain content, or links to certain content, on the Application, or cause limited portions of content on the Application to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Application or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
The owner of the Application is based in the United States. While we provide the Application for use by persons located in the United States and internationally, we make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Use for Medical Diagnosis, Treatment or Prevention.
The Application is not a medical device, does not constitute the practice of medicine, and it is not intended to diagnose, treat, cure or prevent any disease or condition, nor is it a substitute for any professional medical or therapeutic advice, diagnosis or treatment. Consult your health care provider before starting to use the Application. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Application for treating any medical condition. Because the Application is not a medical device, it has not been developed or manufactured in accordance with quality standards that may be necessary for materials intended for use in medical device applications and we have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of the Application for medical purposes.
Users of the Application proposing to evaluate or use our products or services for a medical or therapeutic purpose should rely upon qualified, licensed medical or therapy providers before doing so. The information presented on the Application is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive review of any condition or body system or the practice of medicine. The information presented on the Application should not be used as a substitute for, or a replacement of, clinical or therapeutic decision making by a licensed provider. Please consult with a health care provider for any medical advice or clinical decision-making and before using the Application. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. We do not offer medical or any health care advice, and the Application does not constitute the practice of medicine, medical, therapeutic or healthcare services or advice. Use of the Application does not create a physician-patient or health care provider-patient relationship. If you experience any medical emergency while using the Application, immediately stop using the Application and go to the nearest emergency room. Use of the Application is voluntary and at your own risk. We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Disclaimer: Consulting With Third Parties.
If you choose to use the Application to interact with third parties (including other users or professionals or advisers that you may choose to communicate with through the Application), you acknowledge and agree that we are not the provider of, we cannot and do not control, and therefore we will not be responsible or liable for (and we do not warrant the quality, timing, accuracy, availability, suitability, reliability, safety, completeness, legality or usefulness of), any communications, information or advice made available by one user to another user through the Application. We cannot and do not control, are not responsible for, and make no representations regarding the skills, talents, experience and/or qualifications of any other user of the Application or whether any communications, information or advice provided by such users will meet the particular requirements of any person or entity. Any reliance that any person or entity places on such communications, information or advice is strictly at his, her or its own risk. We disclaim all liability and responsibility arising from any reliance placed on such communications, information or advice by you or by anyone who may be informed of any of the contents thereof. The availability of any user to provide communications, information or advice through the Application does not imply our endorsement of such services for the unique needs of any particular person or entity. We do not undertake to vet or verify the qualifications (or, where applicable, licensure status) of any user providing communications and information through the Application, including with respect to those that hold himself or herself out to be a professional. You are responsible for vetting and verifying such qualifications and statuses. All statements and/or opinions expressed by any users are solely the opinions of and the responsibility of the user. We do not offer, and our provision of the Application does not constitute, medical, legal, tax, accounting or other professional services or advice.
Disclaimer: Responsibility for Interactions.
We are not responsible for (and will not be liable for) interactions between and among users. We are not a party to any relationship or contract between any users that have elected to use the Application. All such dealings are solely between the applicable users. We will not be responsible for in any way intervening in, mediating or resolving any dispute between users. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE US (AND ALL OF OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF YOUR USE OF THE APPLICATION, YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE COMPANY AND EACH OF ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES AND FEES ARISING OUT OF OR RELATING TO YOUR VOLUNTARY PARTICIPATION IN THE PROGRAM AND YOUR USE OF THE APPLICATION.
This Application is operated by Readout, Inc. d/b/a Journeys Metabolic, 2940 Locust St., St. Louis, MO 63103.
All notices of copyright infringement claims should be sent to the Copyright Agent designated in Section 12 in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to email@example.com.