Terms And Conditions
Reactiv Foods
Terms of Service
Last Updated: February 22nd, 2026
Acceptance of Terms of Service
Please carefully read these Terms of Service ("Terms," "Terms of Service"), which govern your use of reactivfoods.com (the “Site”), and the products and services associated with the Reactiv Foods Product (collectively the “Service” or “Services”) operated by Nutrition Management Solutions LLC DBA Reactiv Foods. This agreement between you and Reactiv Foods. (also referred to herein as “the Company,” “Reactiv Foods,” "us," "we," or "our"), constitutes a binding agreement between you and Reactiv Foods. Your access to and use of the Site, and Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By checking the “I agree” box when creating a Reactiv Foods account or product purchase, or otherwise accessing or using the Site, or Service, you agree to be bound by these Terms as well as Reactiv Foods’ Privacy Policy. If you disagree or refuse to comply with any part of any of these Terms then you do not have permission to access the Site, or Service.
Reactiv Foods Does Not Provide Any Medical Services
In order to use our Services, you must acknowledge and agree to the following:
a. REACTIV FOODS DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Function provides through our Services, including nutritionist consultations and meal planning services, are strictly for general information purposes.
b. OUR SERVICES ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Reactiv Foods strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care—including without limitation in relation to any data and/or information we provide—and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services, including your use of our nutritionist consultation and meal planning services. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing Reactiv Foods Content, Services, and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Reactiv Foods, has referred, suggested or recommended the medical providers or laboratories to you.
c. The Services are not insurance products. The Services are not health insurance or a substitute for health insurance, and the amounts you pay (or an authorized third-party pays on your behalf) for the Services are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
d. To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection our Services—including without limitation the Reactiv Foods Content—at your own risk. To the fullest extent permitted by applicable law, Reactiv Foods disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services, including our nutritionist consultation and meal planning services, and/or any data and/or information you receive in connection with our Services, including without limitation as relating to data and information relating to Lab Results and/or Reactiv Foods Content.
Authorization and Consent for Diagnostic Testing
a. I voluntarily consent and authorize Nutrition Management Solutions LLC dba Reactiv Foods, to review the collection, testing, and analysis for the purposes of a diagnostic screening test.
I understand that there are risks and benefits associated with undergoing a diagnostic screening testing and there may be a potential for false positive or false negative test results. I assume complete and full responsibility to take appropriate action with regards to my test results. Should I have question or concerns regarding my results, or a worsening of my condition, I shall promptly seek advice and treatment from an appropriate medical provider. I further acknowledge the following:
i. I am the individual who will provide the sample for the Test(s) that I am requesting or I am the parent or legal guardian of a minor who is providing the sample for testing.
ii. I am at least eighteen (18) years of age or I am the parent or legal guardian of a minor who is providing the sample for testing.
iii. I have read and understand the information provided about the Test(s) that I have been provided on the website where I requested the Test.
iv. The information I have provided in connection with my request to Reactiv Foods is correct to the best of my knowledge. I will not hold or its employees or agents responsible for any errors or omissions that I may have made in providing such information.
v. My health information and results may be shared with Reactiv Foods employees and agents for the purpose of ordering, processing, and reporting my results.
vi. Services provided by Reactiv Foods are purely for diagnostic assistance purposes and do not create a physician-patient relationship, and do not constitute medical care or diagnosis or treatment of any condition, disease, or illness.
vii. I authorize Reactiv Foods to contact me via text message to communicate with me regarding my test.
Purchases
If you wish to purchase any product or service made available through the Service (individually and collectively, a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that (i) any credit /debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit / debit card was issued and you are authorized to make a purchase or other transaction with the relevant credit / debit card and information.
The service may employ the use of third-party services for the purpose of facilitating the payment and completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties pursuant to our Privacy Policy.
For your convenience and to simplify the purchase process, our products and/or services may list a single total price for the collective products and/or services included in this purchase. If the product and/or services include lab diagnostic testing or nutrition services from our affiliated groups, the total price includes the amounts charged by the Affiliate Groups for their services. These charges are collected by Reactiv Foods on behalf of and paid to these affiliate groups and lab diagnostic companies.
Agreement for Self-payment of Services
Reactiv Foods and our affiliated groups are committed to providing the best quality services. We do not participate in any insurance plans, including Medicare or Medicaid, and we do not accept any health insurance payment for our products and services. Our services are 100% self-pay by you, and you agree to be responsible for full payment of the listed price of the services.
Refund Policy
REACTIV FOODS DOES NOT PROVIDE ANY REFUNDS. ALL SALES ARE FINAL.
Marketing
By providing your cell phone number and/or email address to this site or otherwise consenting to these Terms of Service, you are providing prior express written consent to be contacted by or on behalf of Reactiv Foods and its affiliated providers (including marketing and telephonic sales communications). This includes emails to your email address and calls and text/SMS messages to the cell phone number that you provided to Reactiv Foods, including calls or text messages placed using an automated system for the selection or dialing of telephone numbers and the playing of an artificial or recorded message when a connection is completed to a number called, and the transmission of prerecorded messages.
You may opt-out of receiving text and SMS messages from Reactiv Foods or its affiliate providers at any time by replying with the word STOP from the mobile device receiving the messages. You are not required to directly or indirectly provide this consent or sign the written agreement or agree to enter into such an agreement as a condition of purchasing any goods, or services from Reactiv Foods. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging. If you wish to create an account or use Reactiv Foods’ products and services without providing consent to sales or marketing messages, please send an email to [email protected] indicating your decision, so that we can ensure you do not receive any marketing or sales messages. You will still receive test informational and transactional messages if you choose to use our service.
You Agree to Indemnify Reactiv Foods, Limit Our Liability, and Refrain from Injunctive Measures
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE REACTIV FOODS PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER REACTIV FOODS WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF A REACTIV FOODS PARTY IN CONNECTION WITH REACTIV FOODS’ SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $100.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS IN THE PAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF A REACTIV FOODS PARTY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY AND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF A REACTIV FOODS PARTY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR OPPORTUNITY, LOSS OF REVENUE, PROPERTY DAMAGE, HARM TO REPUTATION, LOSS OF GOODWILL, HARM TO THE RIGHT OF PRIVACY, EMOTIONAL DISTRESS DAMAGES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, AND TECHNICAL MALFUNCTION. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO FUNCTION'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REACTIV FOODS AND YOU.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN REACTIV FOODS OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO REACTIV FOODS’ SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION.
c. To the maximum extent allowable by applicable laws, you hereby release and hold harmless the Reactiv Foods Parties from and against any and all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Services and/or the rights and privileges granted or conveyed by you under this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
d. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD REACTIV FOODS AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “REACTIV FOODS PARTIES”) HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM -- AND ALL RELATED LOSSES -- ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES AND/OR PRODUCTS AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM REACTIV FOODS SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (i) YOUR USE AND/OR MISUSE OF OUR SERVICES, OUR PRODUCTS, AND/OR ANY THIRD-PARTY SERVICES OTHER OFFERINGS ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND/OR PRODUCTS (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY); (ii) ANY ACTS AND/OR OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF LAB RESULTS AND/OR REACTIV FOODS CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON OF THE USE OF OUR SERVICES; (iv) ANY USAGE, DISCLOSURE, DECISION, ACT, AND/OR OMISSION ARISING OUT OF, RELATING TO, AND/OR RESULTING FROM LAB RESULTS AND/OR REACTIV FOODS CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICES PROVIDER, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND SELF-REPORTED PERSONAL INFORMATION; (vi) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND/OR SECURITY OF YOUR PASSWORD, ACCOUNT INFORMATION, OR PERSONAL INFORMATION; (viii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS (E.G. PRIVACY, CONFIDENTIALITY, INTELLECTUAL PROPERTY); AND (viii) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED IN THIS THESE TERMS. THIS PARAGRAPH APPLIES TO ALL MANNERS OF CLAIMS, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT THE REACTIV FOODS PARTIES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THE TERMS AND CONDITIONS SET FORTH IN THIS PARAGRAPH OR ANY OTHER TERM OR CONDITION, AT YOUR COST AND EXPENSE. REACTIV FOODS WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.
In Order to Use Our Services, You Accept the Following Waivers and Disclaimers
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
a. THE REACTIV FOODS PARTIES DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS,'' "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, ACCURACY, AND VALUE). REACTIV FOODS MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR LAB RESULTS, REACTIV FOODS CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALL MATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.
b. WITH RESPECT TO ANY "FORWARD-LOOKING STATEMENTS," REACTIV FOODS DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.
c. THOUGH CERTAIN ASPECTS OF THE REACTIV FOODS CONTENT, LAB RESULTS, AND OTHER THIRD-PARTY MATERIALS AND SERVICES FACILITATED THROUGH REACTIV FOODS MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER REACTIV FOODS NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. REACTIV FOODS DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THE PROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELY RESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TO YOU.
d. NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OUR SERVICES -- EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON'S OR ENTITY'S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY AND REPRESENTATION REGARDING ANY LAB RESULTS AND ANY REACTIV FOODS CONTENT. YOU AGREE THAT NEITHER REACTIV FOODS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANY LAB RESULTS, REACTIV FOODS CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OF AND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, ERROR. YOU AGREE THAT NEITHER REACTIV FOODS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR INABILITY TO ACCESS DATA OR INFORMATION OBTAINED IN CONNECTION WITH OUR SERVICES AND/OR ANY OF OUR THIRD-PARTY PROVIDERS' SERVICES -- INCLUDING WITHOUT LIMITATION AS RESULT OF DELETION, FAILURE IN TRANSMISSION, INTERRUPTION, DELAY, DEFECT, UNAUTHORIZED ACCESS, THEFT, VIRUS, OPERATIONAL FAILURE, COMMUNICATIONS FAILURE, DESTRUCTION, AND/OR AN ACT OF GOD.
e. NEITHER REACTIV FOODS NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE REACTIV FOODS CONTENT OR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE, AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY. YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC. YOU AGREE THAT REACTIV FOODS SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.
f. REACTIV FOODS USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT -- EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES – REACTIV FOODS CANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY, WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE, TROJAN HORSES, WORMS, AND VIRUSES; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. REACTIV FOODS AND OUR AFFIIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORZED ACCESS OR USE OF YOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONAL INFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF REACTIV FOODS AND/OR ONE OR MORE OF OUR AFFILIATES; THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES, ARISING OUT OF AND/OR RELATING TO ANY VIRUS, MALWARE, DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL CODE OR MATERIALS THAT MAY IMPACT YOUR DATA, INFORMATION, DEVICE, COMPUTER, PERSONAL INFORMATION, OR OTHER PROPERTY (INTELLECTUAL OR OTHERWISE) AND ARISE OUT OF AND/OR RELATE TO YOUR USE OF OUR SERVICES, AS WELL AS ANY UNAUTHORIZED GRANT OF ACCESS TO YOUR ACCOUNT AND/OR INFORMATION ON THE BASIS OF FALSE PRETENSES, STOLEN AND/OR MISAPPROPRIATED LOGIN/PASSWORD INFORMATION, SOCIAL ENGINEERING, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOUR TRANSMISSION OF DATA AND INFORMATION IN CONNECTION WITH OUR SERVICES IS AT YOUR OWN RISK.
g. NEITHER REACTIV FOODS NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES (INCLUDING BUT NOT LIMTED TO SERVICES RELATING TO THE FACILITATION OF LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, AND THE FACILITATION OF TELEMEDICINE SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER REACTIV FOODS NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY REACTIV FOOD CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/OR INFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS. AND PRODUCTS
Choice of Law and Jurisdiction
a. Choice of Law. Any Claim arising out of or relating to a Reactiv Foods Party, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more of third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws principles, except to the extent that Pennsylvania law is preempted by or inconsistent with federal law.
b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to the section below, the parties agree that all disputes must be litigated in the state or federal courts the State of Pennsylvania. You and Reactiv Foods each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
c. U.S. Jurisdiction; Foreign Access. Reactiv Foods and its properties are located in and operated from the United States. Our Services are intended only for use by persons located in the United States. Reactiv Foods does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Reactiv Foods insofar as they are subject Reactiv Foods to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that Reactiv Foods makes no representation or warranty that our Services -- including without limitation our Site, the Reactiv Foods Content and any Lab Results relating to our Services -- are accessible, legally permitted, and/or appropriate for consumption in any countries or jurisdictions outside of the United States. It may not be legal for your and/or other persons to access this Site based on the country or jurisdiction in which you and/or such persons are located; you accordingly assume all risk, liability, and responsibility in connection with accessing this Site outside of the United States and complying with any laws, rules, regulations, or guidelines applicable thereto. Furthermore, insofar as you are resident of a country other than the United States and/or located in such a country when accessing our Services (e.g., in a country belonging to the European Union), you acknowledge that you are engaging in the transfer of data and information to the United States, which may have less protective data laws, privacy regulations, and disclosure regulations than your country of residency and/or location.
Dispute Resolution By Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Reactiv Foods, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Reactiv Foods may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Reactiv Foods may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to these Terms becoming effective, as well as claims that may arise after the termination of these Terms. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf.
b. Waiver of Jury Trial. YOU AND REACTIV FOODS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Reactiv Foods are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection above entitled “Agreement to Arbitrate”. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Reactiv Foods agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Westmoreland County, Pennsylvania. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Reactiv Foods from participating in a class-wide or mass settlement of claims.
d. Informal Dispute Resolution. Reactiv Foods is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Reactiv Foods’ customer support at [email protected]. If such efforts prove unsuccessful, you and Reactive Foods agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Reactiv Foods agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Reactiv Foods should be sent by email to [email protected] or by regular mail to Reactiv Foods, PO Box 101375, Pittsburgh, PA 15237 (“Notice Address”). The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Reactiv Foods will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference may be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Reactiv Foods agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Reactiv Foods should be sent by email to [email protected] or regular mail to Reactiv Foods, PO Box 101375, Pittsburgh, PA 15237. Reactiv Foods will provide the Demand to your email/regular address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Unless you and Reactiv Foods otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Westmoreland County, Pennsylvania. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). However, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Reactiv Foods will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
You and Reactiv Foods agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Reactiv Foods agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
h. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Reactiv Foods agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Reactiv Foods by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Reactiv Foods.
You and Reactiv Foods agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Reactiv Foods, PO Box 101375, Pittbsburgh, PA 15237 or [email protected], within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Reactiv Foods’ rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
k. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement (other than the subsection entitled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection entitled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Westmoreland County, Pennsylvania. You further agree that any Dispute that you have with Reactiv Foods as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
l. Future Changes to Arbitration Agreement. You and we agree that Reactiv Foods retains the right to modify this Arbitration Agreement in the future. We agree that if Reactiv Foods makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Site and/or Service, including the acceptance of products and services offered on the Site or Mobile App, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validity opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Reactiv Foods will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Reactiv Foods Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products
During the course of using our Services, Reactiv Foods may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, laboratory services providers, data processing and visualization providers, customer service specialists, providers of health-related products or services (e.g., supplements, wellness products, wearables or other devices), and telemedicine providers. Notwithstanding the fact that Reactiv Foods may help facilitate such opportunities with certain third-party medical providers and laboratories, you are free to use any medical provider or laboratory of your choosing. Reactiv Foods may also offer you the opportunity to receive, view, and interact with content created and/or developed by a third-party. Furthermore, in conjunction with our Services, Reactiv Foods may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings ("Offerings"). PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.
Certain products made available for purchase in connection with the Services are manufactured, distributed, or provided by third-parties and may be subject to separate terms and conditions, end-user license agreements, return policies, subscription terms, or other contractual requirements imposed by such third-parties (“Third-Party Product Terms”). By purchasing or using any such product, you acknowledge and agree that you are bound by any applicable Third-Party Product Terms, and that Reactiv Foods is not responsible for the content, enforcement, or performance of such terms. In the event of a conflict between these Terms and any applicable Third-Party Product Terms, the Third-Party Product Terms shall govern solely with respect to the applicable third-party product or service.
a. NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS—OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.
b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC THIRD-PARTY PROVIDER OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN, ITEM OF ADVICE, OR OTHER OFFERING. YOU ACKNOWLEDGE THAT YOU HAVE SELECTED EACH MEDICAL PROVIDER OR LABORATORY ON YOUR OWN AND THAT NO THIRD PARTY, INCLUDING REACTIV FOODS, HAS REFERRED, ARRANGED OR RECOMMENDED ANY MEDICAL PROVIDER OR LABORATORY TO YOU.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REACTIV FOODS NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, OR OTHER OFFERING: YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE REACTIV FOODS AND HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY OFFERING. THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES ARISING OUT OF AND/OR RELATING TO (i) THE COLLECTION, PROCESSING AND/OR ANALYSIS OF A SAMPLE BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (ii) THE COMMUNICATION OF LAB RESULTS BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; (iv) ANY THIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING OUR SERVICES: (v) ANY THIRD-PARTY ADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH OUR SERVICES; AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/DEVICES—AND TO SEEK HELP ELSEWHERE OR RECEIVE A SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANY THIRD-PARTY ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, PLAN, OR PROVIDER. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.
d. NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY—INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, ADVERTISER, OR MANUFACTURER OR DISTRIBUTER -- EVEN IF THOSE THIRD-PARTIES OFFER PRODUCTS, CONTENT, OR SERVICES THAT REACTIV FOODS LINKS TO OR OTHERWISE FEATURES, ADVERTISES, AND/OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER REACTIV FOODS NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER — EVEN IF ACCESSED THROUGH OUR SERVICES — AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE REACTIV FOODS AND OUR AFFILIATES HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALL THIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHER OFFERINGS.
e. YOU AGREE THAT NEITHER REACTIV FOODS NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, OR INTERESTS — OR ANY RELATED RIGHTS, TITLES, INTERESTS, OR LICENSES — AS THEY ARISE IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, OR THE PRODUCTS AND SERVICES OF OUR THIRD-PARTY PROVIDERS.
f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER REACTIV FOODS NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES — INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION — EVEN IF REACTIV FOODS INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OF SUCH THIRD PARTIES. THIS INCLUDES, WITHOUT LIMITATION, DISCLOSURES REQUIRED TO SATISFY INDEPENDENT LEGAL OR REGULATORY REPORTING OBLIGATIONS AS DESCRIBED IN SECTION 10(d). YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE REACTIV FOODS AND OUR AFFILIATES AND HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S TERMS OF SERVICES PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT REACTIV FOODS STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS.
g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER REACTIV FOODS NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE SERVICES, PRODUCTS, OR OTHER OFFERINGS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE REACTIV FOODS AND OUR AFFILIATES AND HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE A SERVICE, PRODUCT, AND/OR OTHER OFFERING.
h. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LAB RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL, INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE THEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD REACTIV FOODS OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE REACTIV FOODS AND OUR AFFILIATES AND TO HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY REACTIV FOODS CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LAB RESULTS.
i. YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSCENE, OFFENSIVE, PREJUDICED, UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF OR AS A RESULT OF USING OUR SERVICES. THIS INCLUDES, WITHOUT LIMITATION, THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY ENCOUNTER WHEN (i) INTERACTING WITH THIRD-PARTY LABORATORY SERVICES AND/OR THIRD-PARTY TELEMEDICINE SERVICES PROVIDERS, (ii) POSTING AND ENGAGING WITH USER CONTENT, AND (iii) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING LAB RESULTS. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD REACTIV FOODS OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS A RESULT OF OUR SERVICES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE REACTIV FOODS AND OUR AFFILIATES AND HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR INDIVIDUAL.
j. NEITHER REACTIV FOODS NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD REACTIV FOODS OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE REACTIV FOODS AND OUR AFFILIATES AND HOLD REACTIV FOODS AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.
k. REACTIV FOODS DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER REACTIV FOODS, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotional activities (collectively, "Promotions") made available through the Service may be governed by rules that are separate from or in addition to these Terms. If you participate in any Promotions, please review the applicable terms and rules of such Promotions as well as our Privacy Policy. If the terms or rules for a Promotion are inconsistent or conflict with these Terms of Use, the conflicting Promotion terms or rules will control.
Accounts
When you create an account with us or use the Service, you represent and warrant that: (i) you have the legal capacity and agree to comply with these Terms; (ii) you are above the age of eighteen (18);(iii) you will not use the Site, App, or Service for any illegal or unauthorized purpose; and (iv) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, fraudulent or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to any necessary restriction of access to your computer (or mobile or other device) and/or account. You agree to accept responsibility for any and all activities or actions that occur through your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately if you suspect or become aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or any name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that protected content posted on the Site and/or through the Service infringes on the copyright or other intellectual property rights (collectively, "Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been utilized in a way that constitutes copyright infringement, please submit your claim via mail to the address found above in the Disputes and Arbitration Provision section, and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or fraudulent or bad-faith claims regarding the infringement of any content found on and/or through the Site, or Service.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright (or other exclusive right)that is allegedly infringed.
(ii) Identification of the copyrighted work (or list of works, if multiple copyrighted works at a single online site a recovered by a single notification) claimed to have been infringed, including the relevant URL (i.e., web page address).
(iii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit one to locate the identified material.
(iv) Information reasonably sufficient to permit one to contact you or the complaining party, such as an address, telephone number, and email address.
(v) A statement that you or the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you or the complaining party are authorized to act on behalf of the copyright (or other exclusive right) owner that is allegedly infringed.
Intellectual Property
Unless otherwise indicated, the content, features, and functionality of the Site, products, and Service (collectively, “Content”), and our trademarks, service marks, logos, and trade dress (collectively, “Marks”), are and will remain the exclusive, proprietary property of the Company and its licensors, successors, and/or assigns. The Site, Service, Content, and Marks are protected by copyright, trademark, and other applicable rights and laws of the United States, foreign jurisdictions, and international conventions. Our Content and Marks may not, without the prior written consent of the Company, be: (i) copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, reverse-engineered, sold, licensed, or otherwise exploited; or (ii) used in connection with any product or service. We reserve all rights in and to the Site, Service, Content, and Marks not expressly granted to you herein.
Further User Representations, Warranties, & Covenants
a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of our Services, or any aspect thereof, without the prior express written consent of Reactiv Foods and/or our applicable third party licensor and/or provider; you acknowledge that you are strictly forbidden from doing any of the foregoing and represent that you have not done any of the foregoing up to this point in time.
b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products — including without limitation our facilitation of access to third-party laboratory and virtual consultation services, any Lab Results, and any personalized materials, and any Reactiv Foods Content resulting therefrom and/or relating thereto — and you represent that you have not done any of the foregoing up to this point in time.
c. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of insurance company seeking information about a prospective or actual customer.
d. You promise that, in the course of using our Services, you shall not introduce and/or circulate malicious content, code, files, or programs, or otherwise engage in malicious conduct. Among other things, you acknowledge and agree that you are not permitted to engage in phishing, harvesting, spamming, or the introduction or circulation of viruses, spyware, worms, Trojan Horses, Easter eggs, keystroke loggers, time bombs, or logic bombs. Furthermore, in connection with our Services, you shall not engage in deceptive business practices, pursue unsolicited and/or unauthorized marketing or advertising, circulate a chain letter or junk mail, or facilitate or participate in a pyramid scheme, or undertake any other form of solicitation that adversely impacts one or more other user's ability to use and/or enjoy our Services.
e. You shall not make efforts to impair, disrupt, overburden, damage, or interfere with the proper working order of any technologies, systems, or operations, belonging to Reactiv Foods, our Affiliates, our licensors, and/or any of our third-party providers. Under no circumstances shall you make efforts to modify or alter any aspect of our Services or the services of our Affiliates, licensors, and/or third-party providers. This paragraph includes but is not limited to a restriction on manipulation and/or interference with our websites, applications, scheduling systems and services, messaging systems and services, storefront technologies systems, and recordkeeping systems, as well as third-party blood draw services, third-party virtual consultation service, and other third-party services arising out of and/or relating to our Services. You shall not attack our Services in any fashion, online or in person, including without limitation by a denial-of-services or distributed denial-of-services attack.
f. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the modification, mimicking, duplication and/or rebranding any Reactiv Foods Content and/or any technology relating to our Services, as well as the display of Reactiv Foods Content separate from accompanying text or otherwise out of full context. You are not permitted to use the Reactiv Foods Content to develop any functions, programs, applications, technologies, or services that leverage the Services.
g. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any of aspect of our Services, including without limitation the Reactiv Foods Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of Reactiv Foods Content (e.g., logo, name, text, images), and you are forbidden from using "hidden text" that references the Reactiv Foods Content without the prior express written consent of Reactiv Foods and/or our third-party licensor(s). You may not and shall not: (i) delete, alter, or remove any copyright designations or notices, trademark designations or notices, or other proprietary designations or notices; or (ii) circumvent any digital rights management systems in connection with our Services; (ii) disable, disarm, bypass, or hack around any of our security systems. Notwithstanding the foregoing, operators of public search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the Reactiv Foods Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.
h. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of Reactiv Foods Content, without the prior express written consent of Reactiv Foods and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.
i. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Reactiv Foods a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Reactiv Foods offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Reactiv Foods does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Reactiv Foods shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.
You hereby authorize Reactiv Foods and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.
Miscellaneous
a. Except as expressly permitted otherwise in writing by Reactiv Foods, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein contrary, Reactiv Foods may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms—and any assets relating to, arising out of, and/or concerning these Terms—including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control. These Terms will be binding on the Parties' heirs, permitted assigns, administrators, and other legal represents, and shall inure to the benefit of the Parties and any of its successors and/or assigns.
b. You acknowledge and agree that Reactiv Foods shall not hold any liability or responsibility for any Losses—or be deemed to have defaulted or breached these Terms—for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.
c. If any of the Terms herein—or any portion(s) of any terms or conditions —are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by applicable law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms—and all other portions thereof—shall nevertheless remain in full force and effect to the extent legally permissible.
d. Any translation of these Terms, your Lab Results, and/or the Reactiv Foods Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms, your Lab Results, and/or the Reactiv Foods Content and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.
e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
f. Insofar as these Terms include any errors or ambiguities related to spelling, grammar, or syntax—or any other clear errors or ambiguities—these errors and ambiguities shall be construed to reflect the intent of the Parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "and" vs. "or" vs. "and/or"; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "including" -- which shall mean "including without limitation," rather than as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "Service" vs. "Services" vs. "Service(s)" —which shall not render any language inapplicable by virtue of the fact that it does or does not refer to more than one (1) Service. The Parties agree that the Terms shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the Parties by virtue of the authorship of any term or condition herein appearing; the language used herein will be deemed to be the language chosen by the Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any Party.
g. All notices, requests, consents, claims, demands, waivers, and other communications from you to Reactiv Foods in connection with these Terms (each, a "Notice") shall be in writing and addressed to Reactiv Foods at the address on this website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).
h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
i. These Terms, including without limitation the Privacy Policy, along with any further agreement and/or any other consent for Services to which you have consented, collectively, constitute the entire agreement between you and Reactiv Foods with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Reactiv Foods, whether oral or written, arising out of and/or relating to our Services. In the event of any conflict between a term and/or condition between you and Reactiv Foods, on the one hand, and a third-party term and/or condition, on the other hand, Reactiv Foods’ term and/or condition shall control.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Termination
We may terminate or suspend your account and/or bar your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, as a result of your breach of these Terms or our Privacy Policy or your use of the Services in a manner that would potentially cause us legal liability, disrupt the Services, or disrupt others’ use of the Services. If any such termination, suspension (or potential termination or suspension) is the result of a curable breach or infringing activity, we may provide you, at our sole discretion, with reasonable notice of such breach or activity in order to provide you with a chance to remedy the breach or activity that resulted (or may result) in our termination or suspension of your account.
If you wish to terminate your account, you may simply discontinue using the Service. You are free to stop using the Services at any time.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
Changes
We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. If a revision consists of a material change, we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at the below address.
Reactiv Foods
PO Box 101375
Pittsburgh, PA
724-760-7736