Terms & Conditions
These Terms of Service are a contract between you (“you,” “your,” or “user”) and CardioMetaboliQ LLC, ("Company," “CardioMetaboliQ LLC,” “we,” or “us”) and govern your access to and use of the CardioMetaboliQ LLC mobile application (“App”), the CardioMetaboliQ LLC website located at www.CardioMetaboliQ.com and all other CardioMetaboliQ LLC branded websites (each, a "Website"), and other software applications and online services provided by CardioMetaboliQ LLC.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE CLAIMS AND ANY SUBSEQUENT MODIFICATIONS TO THEM MADE BY CardioMetaboliQ LLC, AND CardioMetaboliQ LLC’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you do not agree to the Terms, then you do not have our permission to use the Services, Website or download the app. YOUR USE OF THE SERVICES, AND CardioMetaboliQ LLC’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY CardioMetaboliQ LLC’ AND BY YOU TO BE BOUND BY THESE TERMS. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
As used in these Terms the terms “you,” “your,” “yourself,” and “User” shall refer to the person accessing Company’s Website.
MEDICAL DISCLAIMER
CardioMetaboliQ LLC is not a healthcare provider, nor do we provide medical or healthcare advice OR SERVICES. WE MAY PROVIDE information related to certain medical conditions on the website or through SERVICES OR, WHEN AVAILABLE, the community forum (DEFINED BELOW). The content on the website, including the app, and the Services you may receive are for solely informational purposes only. No material on the website, including the app, is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of A qualified healthcare provider with any questions you may have regarding a medical condition or treatment FOR YOURSELF.
IF YOU SIGN UP FOR A SUBSCRIPTION/MEMBERSHIP, THEN YOUR SUBSCRIPTION/ MEMBERSHIP, WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT CardioMetaboliQ LLC’S THEN-CURRENT FEES FOR THE APPLICABLE SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.3 BELOW.
PLEASE BE AWARE THAT SECTION 15 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms are effective (“Effective Date”) on the date you first access or use the Services and/or the Website, whichever is earlier. These Terms is effective unless otherwise terminated by Company or user. In such event, these Terms will continue to apply and be binding upon the user with regard to user’s prior use if the Services and any rights or licenses granted to the Company under these Terms will survive the termination of these Terms.
1. OVERVIEW
1.1 CardioMetaboliQ LLC Services
(a) CardioMetaboliQ LLC provides the following Services: (i) allows users to purchase test kits (“Test Kits”) from the Website, for themselves only; (ii) (1) register Test Kits through the Website or Services; (iii) allow users to participate in webinars with other users, which may occur on a weekly basis or periodically; and (v) when available, facilitate communication on the forum available for Users (“Community Forum”) to access on the Website. The Company refers to the foregoing services herein collectively as “Services.” Any recommendations regarding medical information or products, such as supplements or devices, are provided for information purposes only. It is important to note that the Services provided by the CardioMetaboliQ LLC are not medical advice, and should be considered as informational only.
1.2 Eligibility. You must be at least 18 years old or at least of legal age to form a binding contract to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age to form a binding contract with CardioMetaboliQ LLC; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations. If your ability to access the Services is discontinued by CardioMetaboliQ LLC due to your violation of any portion of the Terms, you may not access or use the Services, and you agree that you will not attempt to access the Services through use of a different member name or otherwise. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.3 Account.
All Users must also accept and comply with the terms and conditions of the which are incorporated by reference into these Terms.
(b) Registered Users. In order to access the Services as a Registered User, you are required to (1) register an account on the Website (“Account”) and you will provide the following addition information: your name, mailing address, email address, height, weight, and date of birth in the portal, and create a user name and password; (2) accept these Terms; and (3) accept the terms of the CardioMetaboliQ LLC Privacy Policy. As part of registering for certain Services available through the Website, you will subscribe to the Subscription, as described in Section 5.3. After your Registration Materials have been reviewed, and ultimately approved, you will receive verification via email informing you that you are approved. Then you are a Registered User of the Website. All Registered Users must accept and comply with the terms and conditions of the Community Forum Guidelines which are incorporated by reference into these Terms.
(c) Account Access. Your Account will allow you to access the applicable features on the Website and the Services that we may establish and maintain from time to time and in our sole discretion. Certain Services that require a fee may be only accessed through the Subscription described in Section 5.3. We may implement different types of Accounts for different types of Users. You may control your User profile and how you interact with the Services by accessing the functionality that may be made available on your “Account Settings” page. When creating your Account, you must provide accurate and complete information and you agree to maintain and promptly update such information as necessary to keep it true, accurate, current, and complete. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You are not allowed to provide a third-party access to your Account. You must notify CardioMetaboliQ LLC immediately of any breach of security or unauthorized use of your Account. CardioMetaboliQ LLC will not be liable for any losses caused by any unauthorized use of your Account. You may never use another User’s Account without permission. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of CardioMetaboliQ LLC.
1.4 Service Rules. You agree not to engage in any of the following prohibited activities while accessing or using the Services: (a) licensing, sub-licensing, selling, leasing, transferring, assigning, copying, distributing, disclosing or otherwise commercially exploiting any part of the Services in any medium, including, without limitation, by providing the Services on a timesharing or service bureau basis or using any automated or non-automated “scraping” to gather information or content from the Services; (b) framing or utilizing framing techniques to enclose any CardioMetaboliQ LLC Marks (defined below) or the Services (including images, text, page layout or form) of CardioMetaboliQ LLC except as expressly permitted by CardioMetaboliQ LLC or the function of the Services; (c) taking any action that imposes, or may impose, at our sole discretion an unreasonable or disproportionately large load on our infrastructure, including using any automated system, such as “robots,” “spiders,” “offline readers,” etc. to access the Services in a manner that sends more request messages to CardioMetaboliQ LLC’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CardioMetaboliQ LLC grants the operators of public search engines revocable permission to use spiders to copy materials from for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (d) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, decoding, reverse compiling, reverse engineering, or “lookup table ripping” (or similar) any part of the Services (including without limitation, any action by you to access information regarding the underlying structure or technical implementation of the Services through automated means) except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) transmitting spam, chain letters, or other unsolicited email; (f) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (g) impersonating or violating the rights of any third party or taking any fraudulent actions; (h) uploading invalid data, viruses, worms, or other software agents through the Services; (i) collecting or harvesting any personally identifiable information, including account names, from the Services; (j) using the Services for any commercial solicitation purposes; (k) using the Services for the purpose of making any products or services that are competitive with the Services; (l) interfering with the proper working of the Services; (m) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (n) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
1.5 Changes to the Services. We may, without prior notice, change, or stop providing the Services or any portion thereof; or create usage limits for the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of any portion of the Services for any reason or no reason, you continue to be bound by these Terms until it is terminated. CardioMetaboliQ LLC expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels, in our sole discretion.
1. YOUR RIGHTS WITH RESPECT TO THE SERVICES
2.1 CardioMetaboliQ LLC Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website and Services for your personal or internal use only as permitted by the features of the Services.
2.2 Mobile App. Subject to the terms and conditions of this Agreement, CardioMetaboliQ LLC hereby grants you a non-exclusive, non-transferable, revocable license to use (if applicable) a compiled code copy of the App on mobile devices owned, leased, or controlled solely by you, for your personal or internal use. To use the App, you must have a mobile device that is compatible with the App. You acknowledge that CardioMetaboliQ LLC may from time-to-time issue or require you to upgrade to an upgraded versions of the App. You agree that the terms and conditions of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and CardioMetaboliQ LLC or its third-party partners or suppliers retain all right, title, and interest in the App (and all copies thereof).
2.3 Privacy Policy and Confidentiality. All information we collect on this Website, including Registration Materials, is subject to our Privacy Policy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1. CardioMetaboliQ LLC’S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS 3.1 In General.
(a) You acknowledge that the Company owns all right, title, and interest in and to the Website and the Services, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws (“CardioMetaboliQ LLC Property”). You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Website. Such rights derive from any of Company’s copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Website. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any CardioMetaboliQ LLC Property. Use of CardioMetaboliQ LLC Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
3.2 Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner Company’s name(s), logos, trademarks, product names, and/or service names (“CardioMetaboliQ LLC Marks”). All trademarks not the property of the Company which may appear on the Website are the property of their respective owners. The use of any such trademarks by Company is not meant to constitute affiliation, endorsement, or approval by such company with or for Company or the Website as a whole.
3.3 Copyright and Limited License.
(a) Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Company logo and all designs, Company’s trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
(b) You are granted a limited, non-sub-licensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Website or Site Materials; (ii) the collection and use of any product and/or service listings, pictures, or descriptions; (iii) the distribution, public performance, or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (v) use of any data mining, robots, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (vii) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
3.4 Submission of Ideas; Feedback. You may choose to, or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about CardioMetaboliQ LLC, the Services, or CardioMetaboliQ LLC’s other products or services, including without limitation about how to improve the Services or our other products or businesses (“Ideas”). You hereby grant to CardioMetaboliQ LLC a world-wide, royalty free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any Ideas in any manner that we see fit.
4.1 Fees. Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription” or “Membership”, these terms shall be considered interchangeable). Note that you may also purchase certain products or services for a one-time fee. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. CardioMetaboliQ LLC may add new products and services for additional fees and charges or amend fees and charges for existing products and services, at any time in its sole discretion.
Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
4.2 Payment. You may be required to provide a third-party payment processor (“Payment Processor”) with information pertaining to a valid credit card (Visa, MasterCard, or any other issuer accepted by us or the payment processor) or other permitted payment method (“Payment Information”). You agree that the Payment Processor is authorized to immediately charge your Payment Information for all fees and charges due and payable for the products and services hereunder and that, except as required under applicable law, no additional notice or consent is required. You agree to immediately notify the Payment Processor of any change in your billing address or Payment Information. CardioMetaboliQ LLC reserves the right at any time to change its prices and billing methods, upon posting on the Services. Without limiting anything set forth therein, you acknowledge and agree that we may provide your Payment Information to our third-party service providers (e.g., our payment processing partner) for use pursuant to our Privacy Policy.
4.3 Subscription/Membership. The fee for a Subscription/Membership will be billed by CardioMetaboliQ LLC at the start of your Subscription/Membership and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription/ Membership will continue to automatically renew indefinitely, including if you stop using or accessing the Website, Services, or App, until your Subscription/Membership is canceled in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription/ Membership period, your Subscription/Membership will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at CardioMetaboliQ LLC’s then-current price for such Subscription/Membership. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account, or stop using or accessing the Website, Services, or App) unless you cancel your Subscription/ Membership anytime prior to the Renewal Commencement Date, by notifying CardioMetaboliQ LlC by emailing to info@cardiometaboliq.com. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription/Membership, please contact CardioMetaboliQ LLC at info@CardioMetaboliQ.com. If you cancel your Subscription/Membership, you may use your Subscription/ Membership until the end of your then-current subscription term; your Subscription/Membership will not be renewed after your then-current terms expires. By subscribing, you authorize CardioMetaboliQ LLC to charge your Payment Provider now, and again at the beginning of any subsequent subscription/ membership period. Upon renewal of your subscription/membership, if CardioMetaboliQ LLC does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand, and/or (b) you agree that CardioMetaboliQ LLC may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for the purposes of automatic renewal, your new Subscription/Membership commitment period will begin as of the day payment was received).
1. Your receipt of an electronic or other form of order confirmation after you purpose a Product from the Website, does not signify CardioMetaboliQ LLC’s acceptance of your order, nor does it constitute confirmation of our offer to sell. CardioMetaboliQ LLC reserves the right at any time after receipt of your order to accept or decline without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by CardioMetaboliQ LLC upon our delivery of the Products that you have ordered. All sales of the Products are subject to CardioMetaboliQ LLC’s then-current return polices, as listed at the end of this document. CardioMetaboliQ LLC has no obligation to provide refunds or credits, but may grant refunds or credits (i) in the event that you cancel your Subscription/Membership and/or purchase prior to us shipping any items, or (ii) in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by CardioMetaboliQ LLC, in each case in CardioMetaboliQ LLC’s sole discretion. In the event that you order Products, but do not receive them, we may in our sole discretion, resend the Products to you. “Product” means any device (from a third-party manufacturer), such as Test Kits, supplements, lab requisitions, etc. provided directly from CardioMetaboliQ LLC. All sales of Products are made Ex Works (incoterms 2010) CardioMetaboliQ LLC’s designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when CardioMetaboliQ LLC makes such shipment available to the carrier.
4.4 Payment Service Provider. All financial transactions made in connection with the Services will be processed by the Payment Provider or their third-party payment service provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. As such, in no event will CardioMetaboliQ LLC be responsible for the actions or inactions of any Payment Provider or their third-party payment service provider, including, but not limited to, system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the Payment Provider or applicable third party. If you notify us of any fee or billing dispute, we will likely direct you to the Payment Provider to address such dispute, but to the extent we are able, we may assist you in resolving such dispute.
4.5 Taxes. The payments required under Section 5.1 of this Agreement do not include any Sales Tax (defined below) that may be due in connection with the Services provided under this Agreement. If CardioMetaboliQ LLC determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, CardioMetaboliQ LLC shall collect such Sales Tax in addition to the payments required under Section 5.1 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to CardioMetaboliQ LLC, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify CardioMetaboliQ LLC for any liability or expense CardioMetaboliQ LLC may incur in connection with such Sales Taxes. Upon CardioMetaboliQ LLC’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
1. THIRD-PARTY CONTENT.
5.1 Third-Party Links. The Services may contain links to third-party websites, advertisers, information, materials, products, or services (“Third-Party Links”) that are not owned or controlled by CardioMetaboliQ LLC. CardioMetaboliQ LLC does not endorse or assume any responsibility for any content or information on or from any Third-Party Links. If you access a Third-Party Link from the Services, you do so at your own risk, and you understand that this Agreement and CardioMetaboliQ LLC’s Privacy Policy do not apply to your use of such Third-Party Links. You expressly relieve CardioMetaboliQ LLC from any and all liability arising from your use of any Third-Party Link, including your dealings with or participation in promotions of the applicable third party, payments to and delivery of goods from such third party, and any other terms (such as warranties) are solely between you and such third party. You agree that CardioMetaboliQ LLC will not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
5.2 Third- Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
1. INDEMNITY.
You agree to defend, indemnify, and hold harmless CardioMetaboliQ LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Products and Services, including any data or content, including User Content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) any damage or harm or any violation of any third-party right, including any right of publicity of privacy or intellectual property right caused by you or your User Content; (d) your violation of any applicable law, rule or regulation; (e) any dispute between you and another party regarding ownership of or access to data or personal information submitted to the CardioMetaboliQ LLC via its Website; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
1. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PRODUCTS, WEBSITE, AND SERVICES PROVIDED BY CardioMetaboliQ LLC ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS, WEBSITE, AND SERVICES CardioMetaboliQ LLC PROVIDES IS STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CardioMetaboliQ LLC DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS, WEBSITE, AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CardioMetaboliQ LLC OR THROUGH THE WEBSITE OR PROVIDED BY THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CardioMetaboliQ LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CardioMetaboliQ LLC PROPERTY, RESULTS FROM THE SERVICES, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, CardioMetaboliQ LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CardioMetaboliQ LLC PROPERTY, RESULTS FROM THE SERVICES, USER CONTENT, OR ANY CONTENT MADE AVAILABLE ON THIS WEBSITE OR THROUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
1. LIMITATION OF LIABLITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CardioMetaboliQ LLC ENTITIES’ AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
1. Communications.
We may send you emails concerning our products and services, as well as those of third parties.
1. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
6.1 use the Services for any illegal purpose (such as selling illegal products or services or infringing intellectual property, including copyrights, trademarks, and patents) or in violation of any local, state, national, or international law;
6.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;
6.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
6.4 access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, CPU-intensive APIs, and data mining tools) other than the software or search agents provided by CardioMetaboliQ LLC;
6.5 interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law; or (iii) creating or disseminating malware (viruses, worms, trojans, etc.);
6.6 interfere with the operation of the Services or any user’s enjoyment of the Services, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; (iv) botting and spamming; (v) load testing; (vi) cryptocurrency mining; or (v) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
6.7 use the Services for (i) proxies and VPNs; (ii) gambling apps; (iii) creating or disseminating malware (viruses, worms, trojans, etc.); (iv) adult content and services; (v) multi-level marketing; or (vi) fabricated social media activity;
6.8 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services of another user without permission;
6.9 sell or otherwise transfer the access granted under these Terms or any CardioMetaboliQ LLC Property or any right or ability to view, access, or use any CardioMetaboliQ LLC Property; or
6.10 Attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
1. Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should email info@CardioMetaboliQ.com requesting to remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
1. Term, Termination, and Modification of the Service
7.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in Section 13.2.
7.2 Termination. If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, CardioMetaboliQ LLC may, at its sole discretion, terminate these Terms or your access to the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your access to the Services and these Terms at any time by contacting customer service at info@cardiometaboliq.com.
7.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access the Services; and (c) Sections 4.1, 4.2, 4.3(a), 4.4, 7, 8, 9, 11, 13.3, 15, and 16 will survive. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your access to the Services, you may lose access rights to any User Content you Posted to the Services. If your access to the Services have been terminated for a breach of these Terms, then you are prohibited from accessing the Services through using a different name, email address or other forms of user verification.
7.4 Modification of the Services. CardioMetaboliQ LLC reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. CardioMetaboliQ LLC will have no liability for any change to the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services are modified in such a way that you lose access to User Content you Posted to the Services.
1. Copyright and DMCA Notice.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. CardioMetaboliQ LLC may deny access to the Services to any user who is alleged to infringe another party’s copyright.
1. Dispute Resolution and Arbitration
8.1 Generally. Except as described in Section 15.2 and 15.3, you and CardioMetaboliQ LLC agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CardioMetaboliQ LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
8.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to CardioMetaboliQ LLC, , Attention: that specifies: your full legal name, the email address associated with your access to the Services, and a statement that you wish to opt out of arbitration (“Opt- Out Notice”). Once CardioMetaboliQ LLC receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
8.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting CardioMetaboliQ LLC.
8.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CardioMetaboliQ LLC’s address for Notice is: CardioMetaboliQ LLC, 187 Calle Magdalena, Suite 210, Encinitas, CA 92024. The Notice of Arbitration must: (a) identify the name or email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CardioMetaboliQ LLC may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, CardioMetaboliQ LLC will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
8.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence]. During the arbitration, the amount of any settlement offer made by you, or CardioMetaboliQ LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
8.7 Arbitration Relief. Except as provided in Section 15.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by CardioMetaboliQ LLC before an arbitrator was selected, CardioMetaboliQ LLC will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US $10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
8.8 No Class Actions. YOU AND CardioMetaboliQ LLC 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. Further, unless both you and CardioMetaboliQ LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
8.9 Modifications to this Arbitration Provision. If CardioMetaboliQ LLC makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to CardioMetaboliQ LLC’s address for Notice of Arbitration, in which case your access to the Services with CardioMetaboliQ LLC will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
8.10 Enforceability. If Section 15.8 or the entirety of this Section 15 is found to be unenforceable, or if CardioMetaboliQ LLC receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
1. MISCELLANEOUS
9.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and CardioMetaboliQ LLC regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
9.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and CardioMetaboliQ LLC submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Diego, California for resolution of any lawsuit or court proceeding permitted under these Terms.
9.3 Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for inability or delay or delay in using the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9.4 Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms.
9.5 Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
9.6 Contact Information. The Services is offered by CardioMetaboliQ LLC, You may contact us by emailing us at info@CardioMetaboliQ.com
9.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
9.8 No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
9.9 International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
Refunds
CardioMetaboliQ LLC does not offer refunds for subscription periods during which a test kit was already shipped. If you're still waiting for your order to be shipped and want to cancel your entire membership, plus shipment, you can cancel the shipment at any time by emailing us at info@cardiometaboliq.com.
Returns
CardioMetaboliQ is unable to accept returns of test kits. In the event of a refund or cancellation, you may keep or dispose of your test kit.
Contact Information
To ask questions or comment about this return and refund policy, contact us at: info@cardiometaboliq.com
HIPAA PRIVACY AUTHORIZATION
Purpose: This authorization allows our partner healthcare providers and laboratories to share your protected health information, including results of test(s) you order, with us.
BY CLICKING ON THE “I HAVE READ AND ACCEPT THE HIPAA AUTHORIZATION” BUTTON ON THE ACCOUNT CREATION PAGE ON THE WWW.CARDIOMETABOLIQ.COM WEBSITE, I INDICATE THAT I HAVE READ THE CONTENTS OF THIS HIPAA PRIVACY AUTHORIZATION I HEREBY AUTHORIZE ALL TESTING LABORATORIES, INCLUDING THEIR PHYSICIANS, STAFF, AGENTS AND DESIGNEES (“LABS”) THAT PERFORM SERVICES REQUESTED BY OR CONSENTED TO BY ME, WHICH HAVE A RELATIONSHIP WITH CHOOSE HEALTH (“ COMPANY”), TO USE AND DISCLOSE HEALTH INFORMATION ABOUT ME IN THE MANNER AND FOR THE PURPOSES STATED BELOW.
This authorization applies to the use and disclosure of the following information about me:
all information in request(s) submitted by me or for me with my consent, and the laboratory test values/results/information which are the result of such request(s).
I specifically authorize the transfer and release of this information to, between and among myself and the following individuals/organizations and their representatives, affiliates, staff, agents, and designees:
A. Company, B. applicable Accredited Labs, and C. Other Company partners for the purposes herein and as required or permitted by law.
The information subject to this authorization may be used or disclosed for the following purposes: (a) to facilitate and execute the services requested me or performed with my consent (including receiving, reviewing, and approving test requests and reviewing, processing, and delivering the test values/results); (b) to provide me with information and materials to help me gain a better perspective on how my body functions, and to use this information to make informed decisions about my lifestyle and general wellbeing; and (c) for the other purposes described in the Company’s Privacy Policy as found on the company website www.CardioMetaboliQ.com.
This authorization is evidence of my informed decision to allow the release of my information to the parties referenced above. Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, as permitted by law. I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization and understand that my refusal may affect the CardioMetaboliQ LLC provided to me. I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and would then no longer be protected by federal privacy regulations.
I may revoke this authorization in writing at any time. I understand that my revocation will not affect any use or disclosure already taken in reliance upon this authorization. My written revocation must be submitted to Company at: CardioMetaboliQ LLC, 187 Calle Magdalena, Ste 210, Encinitas, CA 92024 or by email at: info@cardiometaboliq.com
PRIVACY AND COOKIE POLICY
Last Updated: July 30, 2023
At CardioMetaboliQ LLC we take our responsibility for protecting your privacy seriously. This policy describes what information we collect and use when you use our website, www.CardioMetaboliQ.com (our “Website”), Mobile Application (as applicable), and CardioMetaboliQ LLC Products and Services (collectively, “CardioMetaboliQ LLC Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This document describes how CardioMetaboliQ LLC may use and disclose the medical information that you provide to us and how you can get access to this information. Please review it carefully.
Please be advised, the privacy and security of your information is paramount to us. We do, and will do, everything we reasonable can to safeguard your information at all times.
1. Information We Collect
The information we collect depends on what features of our Website, Mobile Application, or CardioMetaboliQ LLC Services you use and how you use them. We collect some information from you when you provide it to us directly or to our Accredited Laboratories and other service providers, including personal information—that is, information that can be used to uniquely identify or contact you, such as your name, address, phone number, e-mail address, response to specific questions, and certain health information.
We only offer our CardioMetaboliQ LLC Services to users who are 18 years of age or older. We do not collect or maintain information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. If you are not 18 years of age or older, you must not access or use our Website, Mobile Application or CardioMetaboliQ LLC Services. We do not knowingly disclose personal information about children under 18 years of age to independent third parties even with consent.
A. Information You Give Us Directly
We collect information you provide us, including:
Email address, shipping address, and telephone number; Registration information, including account name and password; Security questions and answers;Details you provide in response to surveys about our CardioMetaboliQ LLC Services;Information you provide when seeking help from us such as your name, telephone number and records of the issues you experience;Billing information, such as your name, payment card number and payment account details; andCertain health information, defined as “Protected Health Information” under HIPAA/HITECH laws and regulations (See Section 9, Notice of Privacy Practices).
In addition, we may offer community features on our Website or Mobile Application. For example, you may have the opportunity to review our Services or share your experiences with other community member in our blogs or similar forums. If you participate in these or similar features, the information that you disclose may become publicly available and can be read, copied, collected or used by other users.
B. Other Information We Collect When You Use Our Website
We collect other information automatically when you use our Website or Mobile Application, including:
IP address;Mobile and other hardware or device identifiers;Browser information, including your browser type and the language you prefer;Referring and exit pages, including landing pages and pages viewed;Details about what CardioMetaboliQ LLC Services you browse and purchase as well as details about what Website features you utilize;
C. Cookies and Similar Technologies
We also may collect and store information locally on your device, using mechanisms like cookies and similar technologies.
Cookies are small text files stored on your Internet browser. We use cookies and similar technologies to help us understand things like what web pages, features or ads you view and what CardioMetaboliQ LLC Services you order. This information helps us keep track of your orders, measure the effectiveness of our advertising, make sure you don't see the same ad repeatedly and otherwise help enhance your user experience.
You can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Please refer to guidance provided by your individual web browser if you'd like help in managing your cookie preferences.
D. Information Provided To Us By Third Parties
When you use third party services in connection with our Website or Mobile Application, like social platforms, we may receive information from these third parties.
We also may receive information from third parties to supplement the information we receive from you. We use information from these companies primarily to help us deliver relevant advertising to you. We also may use information from third parties, for instance, to help us understand your approximate geolocation via your IP address for tax purposes, or to customize certain services to your location, and for fraud and/or abuse prevention purposes.
We may also receive information about you when other CardioMetaboliQ LLC consumers choose to refer a friend or contact with us.
2. How We Use Your Information
We use your personal and non-personal information, both individually and combined together, in the following ways:
To operate our business and to enhance and personalize your experience including to:
Operate, protect, improve, personalize, customize, and develop our CardioMetaboliQ LLC Services, Website, and Mobile Application;Provide you with the information and CardioMetaboliQ LLC Services that you request from us;Maintain your account, payment information, your secure health portal, and to provide notices about your account and portal, including expiration and renewal notices;Bill you for the CardioMetaboliQ LLC Services you purchase from us;Enable you to refer CardioMetaboliQ LLC Services;Facilitate communication and sharing on our Website and Mobile Application;Serve and measure the effectiveness of advertising;Set up and maintain the contact and shipping information you provide us;Set up loyalty, discount and rebate programs;Identify, fix, and troubleshoot bugs and service errors;Adhere to your preferences and to deliver dynamic content;Resolve disputes, investigate and help curb fraud, spam, abuse, security incidents, illegal behavior, and other harmful activity; andComply with the law, and to enforce our agreements and policies, including our Terms of Service and this Privacy and Cookie Policy.
To provide you support, including to:
Help identify and troubleshoot problems with your order or use of our Website or Mobile Application;Survey your opinions through surveys or questionnaires;Communicate with you and respond to your specific requests or questions; andManage and send you confirmations and important information about your account, portal, orders, purchases, returns or cancellations, rewards, and CardioMetaboliQ LLC Services.
To personalize our communications with you, including to:
Present offers and/or information relating to CardioMetaboliQ LLC Services you might like;Make recommendations to you; andPersonalize advertising for you and deliver targeted marketing, service updates and promotional offers.
3. Legal Basis for Processing
We rely on a number of legal grounds to process information about you. For example, we will process information about you where we have your consent, where we have a legitimate interest to do so, where the processing is necessary for the performance of a contract with you, and where we have a legal obligation to process your information. For example, we rely on our legitimate interests to serve targeted marketing and on contractual necessity to process information when you order an CardioMetaboliQ LLC Service on our Website or Mobile Application. To learn more about the legal grounds on which we rely to process your information for any particular purpose, please contact us via the options in Section 12 below.
4. Information We Share with Third Parties
With your Consent: We never sell your personal information or protected health information. Where you have instructed us and have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your order information or when you participate in promotional activities conducted by CardioMetaboliQ LLC or its partners.
Service Providers: We employ third parties, such as payment processors, Accredited Labs, and physician networks, located in and outside of your country of residence (including outside of the European Economic Area (EEA) to collect or process personal information on our behalf for various reasons, such as providing our services, operating our Website and Mobile Application, conducting market surveys, facilitating credit card processing, or sending emails. When our third party agents or service providers collect or receive personal information, we require that they use the data only on our behalf and for purposes consistent with this policy.
Compliance, Preventing Harm, and Protecting Our Rights: We do not share personal information that directly identifies you (such as your name, e-mail or postal address) with third parties for their own use without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, comply with our legal obligations, or to protect our consumers or third parties.
Merger or Acquisition: In the event of a reorganization, divestiture, merger, sale or bankruptcy, we may transfer all information we collect to the relevant third party and will obtain your consent to do so if required by law.
Third Party Integration: When third party technologies or social tools are integrated into our CardioMetaboliQ LLC Services, those third parties may collect information when you use our Services. In addition, we may pass aggregate information on the usage of our Site to third parties, but this will not include information that can be used to identify you.
Aggregate Data: We may also share anonymous or aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
5. Operating Globally
Personal information we collect may be stored and processed for the purposes set out in this Privacy and Cookie Policy in the United States or any other country in which CardioMetaboliQ LLC, its subsidiaries, or third party agents operate. In all cases, we will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy by imposing on any such supplier obligations of security and confidentiality. By using our Website, Mobile Application, or CardioMetaboliQ LLC Service you agree to this transfer, storing or processing.
6. Security
The security of your information is a priority at CardioMetaboliQ LLC, and we take a range of measures to help protect it, including encryption of sensitive financial information and health information. CardioMetaboliQ LLC keeps all personal data and information on secure cloud servers and only a small group of our employees or agents, like our Accredited Labs, can access information that can be used to identify you. These are people who need that information to complete the testing, analysis, and reporting. We will not include any information in any publications that would make it possible to identify you. All CardioMetaboliQ LLC employees, agents, and others who might have access to your private information must sign confidentiality agreements that mandate them to keep that information private. Even so, no security measure is 100% perfect. This means we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use or access to your information under our control.
7. Your Choices and Controls
We give you meaningful choices when it comes to important uses and collection of information. For example, you can update your order information and preferences, choose to opt in or out of CardioMetaboliQ LLC marketing emails and choose whether to share your information with select CardioMetaboliQ LLC partners.
If you would like to opt out at any time after providing your consent, contact Info@cardiometaboliq.com.
Note that CardioMetaboliQ LLC may retain information needed to complete our contractual obligations to you, resolve disputes, enforce our user agreements, protect our legal rights, and comply with technical and legal requirements and constraints related to the security, integrity and operation of our Website, Mobile Application or CardioMetaboliQ LLC Services. Otherwise, we will retain your personal information for as long as reasonably necessary to provide you services, create and improve our CardioMetaboliQ LLC Services, comply with the law, and to run our business.
You can access the personal information we hold about you. To request access, please contact Info@cardiometaboliq.com. Before we process any request, we may ask you for certain personal information in order to verify your identity and protect your privacy.
You may have additional rights under Section 9 of this policy related to Protected Health Information, please review it carefully. In addition, you may have certain rights under local law, including the right to request erasure or portability of personal information and the right to object to or restrict processing of information. Where applicable, you can exercise these rights by contacting Info@cardiometaboliq.com.
You also may adjust your browser settings to block certain online tracking, such as cookies, as further described in Section 1.
8. Third Party Services
Our Website may include advertising or third party services. If you click on those links, including an advertisement, you will leave the CardioMetaboliQ LLC Website and go to the site you selected. If you visit a third party website or use a third party service, you should consult that site's or service's privacy policy.
We do not control information sent from your browser to third parties, such as advertising networks and analytics companies that receive information in the normal course of your Internet activity.
9. CardioMetaboliQ LLC Notice of Privacy Practices related to Protected Health Information
This Notice of Privacy Practices describes how CardioMetaboliQ LLC may use and disclose your medical information and how you can get access to this information. Please review it carefully. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), CardioMetaboliQ LLC is required by law to maintain the privacy of health information that identifies you, called protected health information (“health information”), and to provide you with notice of our legal duties and privacy practices regarding your information. CardioMetaboliQ LLC is committed to the protection of your health information and will make best efforts to ensure the confidentiality of your health information, as required by statute and regulation. We take this commitment seriously and will work with you to comply with your right to receive certain health information under HIPAA.
Your Rights
When it comes to your health information, you have the right to:
Get an electronic or paper copy of your medical record. You can ask to see or get an electronic or paper copy of the health information we have about you. Ask Customer Support how to do this.Ask us to correct your medical recordYou can ask us to correct health information about you that you think is incorrect or incomplete. Ask Customer Support how to do this.We will investigate any queries and refer back to our Accredited Lab partners and give a response within 60 days.Request confidential communicationsYou can ask us to contact you in a specific way (for example, home or office phone) or to send to a different address.We will say “yes” to all reasonable requests. Ask us to limit what we use or shareYou can ask us not to use or share certain health information that we use to provide you the CardioMetaboliQ LLC Services. We are not required to agree to your request, and we may say “no” if it would affect your care.Get a list of those with whom we’ve shared informationYou can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.We will include all the disclosures except for those about payment, operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.Get a copy of this privacy notice
This privacy notice is available to be viewed and printed from our Website. However, you can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly. Choose someone to act for you If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we share your health information.
File a complaint if you feel your rights are violatedYou can complain if you feel we have violated your rights by contacting Customer Support by email at Info@cardiometaboliq.com.You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.We will not retaliate against you for filing a complaint.
Your Choices
You have both the right and choice to tell us to share health information with your family, health care providers, or others involved in your care.
Our Uses and Disclosures
For starters, we never sell your health information nor do we share it for marketing purposes. We typically use or share your health information in the following ways:
Provide our Services
We can use or disclose your health information for providing our CardioMetaboliQ LLC Services. These uses and disclosures are necessary, for example, to obtain your laboratory test results, evaluate the quality of our laboratory testing partners, accuracy of results, accreditation functions and for CardioMetaboliQ LLC’s operation and management purposes. To do so, CardioMetaboliQ LLC will disclose your health information to its service providers. For example, CardioMetaboliQ LLC partners with specific labs to run the laboratory tests you request and obtain the results of those laboratory tests. All such service providers are required to maintain the privacy and confidentiality of your health information. Upon your request, CardioMetaboliQ LLC may disclose your health information to your health care providers or health insurance providers. For example, CardioMetaboliQ LLC may provide your health information to coordinate health care or health care benefits.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. Here are ways we may be required to share your information:
Help with public health and safety issues
We can share health information about you for certain situations such as:Disclosures to public health authority to report, prevent or control diseaseHelping with product recallsDetecting and reporting adverse events or problems with a testPreventing or reducing a serious threat to anyone’s health or safety
Information and Limited Data Sets
CardioMetaboliQ LLC does not record, store or disclose test data from testing services. The test data is stored at the processing lab as defined and required by applicable statutes. The test data from each test is processed through the report programming, and the finished report is sent to the client/user. The report is the destroyed such that CardioMetaboliQ LLC does not possess the data after the report is sent to the client. Should a client have need to recover their report, a request may be made to CardioMetaboliQ LLC, and the data will be requested from the processing lab data storage. The report will be recreated and then sent to the client/user.
Address government requests
We may disclose your health information to government agencies, as authorized by applicable laws, to comply with governmental requests authorized by law
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Comply with special laws
There are special laws that protect some types of health information, such as treatment for substance use disorders, STDs, and HIV/AIDS testing and treatment. We will obey these laws when they are stricter than this notice.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.We will let you know without unreasonable delay (and no later than 60 days after discovery) if a breach occurs that may have compromised the privacy or security of your information. Such notification will include information about what happened and what can be done to mitigate any harm.We must follow the duties and privacy practices described in this notice and give you a copy of it.We will not use or share your information other than as described here unless you provide us consent or tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
11. Changes to our Policy
We may update this policy from time to time, so please review it frequently. We'll notify you of material changes via a notice on our home page (www.ChooseHealth.io) thirty days before they go into effect. If we are required by applicable data protection laws to give you enhanced notice or seek your consent to any such changes, we will do so. You can see when this policy was last updated by checking the "last updated" date displayed at the top of this policy.
12. Contacting Us
If you have a complaint or question about this policy, please send an email to Info@cardiometaboliq.com. The controller of the personal information processed under this policy is CardioMetaboliQ LLC., Info@cardiometaboliq.com.
13. Right to Contact a Data Protection Authority
If you have a concern about how we collect and use information, please contact us. You also have the right to contact your local Data Protection Authority if you prefer. Contact details for Data Protection Authorities in the EU are available at ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
SHIPPING & RETURNS POLICY
CardioMetaboliQ™️ test kits and supplements are shipped via USPS priority mail. Deeper Dive Lab requisitions are sent to the customer via email. The DUTCH Complete test kit is shipped directly from Precision Analytical Labs. Shipping over $99 purchase price (purchase price reflects autoship or other discounts taken at checkout) is free within the continental US and Hawaii.
Return/Refund Policy
Supplements
Supplements that are unopened may be returned for a full refund within 30 days. Please obtain approval for the return from CardioMetaboliQ prior to return shipment. Refund will be returned to the payment method used in the original purchase. If you have need to return an unopened supplements for any reason, please email us at info@cardiometaboliq.com. We will issue a “return authorization” (RA) number which should be included in the return shipment address. All returns should be addressed as shown and returned to:
CardioMetaboliQ LLC
RA #xxxx
187 Calle Magdalena
Suite 210
Encinitas, CA 92024
CardioMetaboliQ Lab Kits
CardioMetaboliQ Lab Kits do not expire. If a customer would like to return a kit, they must email info@cardiometaboliq.com to request a return authorization number (RA#). The kit may be returned if it is unopened, in good condition with seals intact and all pieces inside. The customer is responsible for return shipping cost. The kit must be post-marked as shipped by day 21 after the date of purchase. Once the kit is received and confirmed in good condition, the refund will be credited to the original payment method within 14 business days for the purchase amount less $25 restocking fee. Please send return kits to the following address with the RA# shown as follows:
CardioMetaboliQ LLC
RA#xxxx
187 Calle Magdalena
Suite 210
Encinitas, CA 92024
Deeper Dive Labs
Deeper Dive Lab panels are available for refund, less a $15 cancellation fee, for a period of 60 days. From 61-180 days after purchase, the purchase amount less $15 cancellation will be available as a store credit only, no refund provided. After 180 days, no refund or credit will be provided. The Deeper Dive Lab requisition (through LabCorp) is good for use up to 180 days from purchase. If 180 days has passed and a new requisition is required, a $25 reissue fee is required.
DUTCH Complete Kits
DUTCH Complete lab kits are refundable less a $35 restocking fee within one (1) year provided the test kit, all of its contents and the requisition form are return in good and unused condition. Return shipping fees (to Precision Analytical) are the responsibility of the customer. Refund to the original payment method will be made within 30 days of receipt of the kit. Please ship the DUTCH Complete kit to:
Precision Analytical, Inc.
3138 NE Rivergate Steet
suite #301C
McMinnville, OR 97128
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