Terms and Conditions
1. Informed Consent
Segterra's product, InsideTracker, is a web-based, personalized blood-based recommendation plan. InsideTracker includes the following components:
- Measurement of key blood biomarkers
- Analysis using Segterra's proprietary algorithms
- Personalized nutrition recommendations including foods and supplements
- Personalized lifestyle and fitness recommendations.
You have chosen to use the InsideTracker services. All requests for tests are reviewed by a licensed physician. Your blood will be drawn and analyzed at one of over 1500 blood testing locations operated by LabCorp. The results of your blood test and the recommendations will be available to you online in the form of the InsideTracker service.
Your use of the InsideTracker service is voluntary. It is your choice whether to participate or not. You may cancel the service at any time.
Procedures and protocol
As part of the process we will collect some information from you. The information collected will include general contact information, age, gender, general health information including information about your diet, vitamins and supplements you take, your physical activities and other important details about yourself.
After registration, you will be directed to one of the 1500 testing locations operated by LabCorp, where you will have your blood drawn and analyzed. You may be required to present proof of identification at the time of the blood draw. Each time you sign up for a blood draw, a small amount of blood will be taken from your arm with a syringe and needle. Your blood sample will then be tested for a number of select vitamins, minerals and metabolites (biomarkers) that will be indicative of your nutritional and physical fitness status. Your results will be reviewed by a licensed physician. This blood profile will be analyzed using an Expert System that generates the personalized information and recommendations. These recommendations will then be available online for you to follow for the next weeks and months. In the event that the Segterra review of your blood analysis indicates a potential medical problem requiring immediate attention you will notified and advised to contact your doctor.
Risks and discomforts
Although the risks and discomforts associated with a blood test are very low, you might be at risk for excessive bleeding, fainting, or feeling light-headed, hematoma (blood accumulating under the skin) or infection (a slight risk any time the skin is broken). While the possibility of this happening is very low, you should still be aware of the possibility.
Drawing blood from your arm may cause discomfort or lightheadedness. It also may result in bruising or soreness for a few days. In rare instances, an infection can result. If you feel discomfort or other symptoms, tell the person drawing your blood immediately.
Segterra may advise you to have a follow up with your doctor after reviewing the results of your blood test. As a result, you may learn about health conditions and problems or potential health problems that you were not aware of before your participation in the InsideTracker services. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems.
In addition, you could have a disease or condition even though your test results are in the normal range. You could have test results outside the normal range and still not have a disease or condition. Results outside the normal range, though, could lead to additional cost or discomfort if your physician orders follow-up tests.
Some questions and pieces of information collected as part of InsideTracker may make you feel uncomfortable.
There may also be additional risks to participation that are currently unforeseeable.
Recommendations regarding diet, exercise and lifestyle provided to you by Segterra as a result of our blood sample analysis may or may not be beneficial to you and may cause or exacerbate certain medical problems. You are following these recommendations at your own risk. If at any time during the follow-up period you feel unwell or ill you should seek medical help immediately and discontinue InsideTracker recommendations.
No medical advice
The information provided by Segterra are for purposes of improving your wellness and athletic performance only and are not intended to provide medical advice, diagnosis, or treatment. We engaged the services of a licensed physician or other person authorized by law to order the blood test and to receive your results prior to making your InsideTracker recommendations available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within InsideTracker. You should not ignore professional medical advice or delay in seeking it because of InsideTracker recommendations. Furthermore, you should not interpret your InsideTracker recommendations or any other communications from Segterra as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
We may incorporate different or additional technologies to collect or test data in the future. We may, at our sole discretion choose to re-process your blood sample using any such different or additional technology. However, your purchase of InsideTracker does not automatically include any such different or additional technology, and we reserve the right to charge you additional fees prior to processing your sample using any such different or additional technology. You may also need to submit a blood sample or other biological sample for processing on such different or additional technology.
If you are a resident of New York, New Jersey, Massachusetts or Rhode Island you agree prior to testing that no additional testing or processing will be performed. Access to any additional future technologies will require a new authorization by a qualified healthcare provider and will incur additional charges.
You are paying for the InsideTracker services with your personal funds and any third-party payers will not pay for or reimburse you for these costs. Segterra will not submit any information provided by you for reimbursement or payment from private insurance carriers, Medicare, Medicaid, or any other third-party payers. We are not able to offer refunds once a blood sample has been collected. InsideTracker blood tests are valid for one year (12 months) after purchase.
If you participate in the InsideTracker services, you may or may not experience benefits. Potential benefits may include better nutritional and physical fitness.
The information that we collect as part of the InsideTracker services will be kept confidential and will only be identified by an anonymous number. Information about you that will be collected will be secure and nobody but Segterra's qualified staff or authorized partners will be able to see it. The information will not be shared with or given to anyone without your written consent.
Right to refuse or withdraw
You do not have to take part in this service if you do not wish to do so. You may also stop participating at any time you choose. It is your choice and all of your rights will still be respected.
You agree to indemnify, defend and hold harmless Segterra, Inc., its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your participation in the InsideTracker services.
Who to contact
You may contact us at the following email address email@example.com at any time.
Your personal information
In the course of your relationship with Segterra, we collect several types of Personal Information. Personal Information is information that could be used to identify you, either alone or in combination with other information. We collect such information from you when you purchase our services, use the website, create a personal account, complete surveys and forms, or when you communicate with us or request information from us. Personal Information collected online can be combined with Personal Information collected offline. We collect five primary types of Personal Information through our services and website.
- Registration Information is information that we collect from you when you purchase or sign up for the InsideTracker services. Examples of such information include your name, age, ZIP code, and contact information, such as an email address. We also collect your credit card information to process payment for InsideTracker.
- Self-Reported Information includes information you provide in the InsideTracker Settings, such as ethnicity, gender, body weight, pulse rate, etc.
- User Content is all information other than blood test information or self-reported information provided by the users of the InsideTracker services and transmitted, whether publicly or privately, to Segterra. User content may include data, text, software, music, audio, photographs, graphics, video, messages, or other materials. For example, user content includes posts made to the Segterra community forums or emails to customer support.
- Web Behavior Information is information on how you use the website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
How we use registration information
We use your registration information to authenticate your website visits and usage, to enable your purchases, to communicate with you about information, services, and products that you have requested, and to manage and improve our website, software, and services. We may also use this information to offer you services and products that may be of interest to you or invite you to participate in specific research projects. We give you the opportunity to opt out of optional communications, either through the InsideTracker services or by contacting us at firstname.lastname@example.org.
How we use blood test and self-reported information
We use your blood test information and self-reported information to provide you with InsideTracker recommendations, customize your user experience, and enhance our services. Self-reported information is used to customize your user experience. We may include your anonymized blood test information and self-reported information in disclosures to third parties for the purpose of research or other applications, but no identifying information will be shared without your prior knowledge and consent. Segterra research is intended to advance wellness and nutrition knowledge and to create, commercialize, or undertake activities toward the practical applications of this learning to the improvement of health care. Our research partners may include commercial or non-profit organizations that conduct or support medical research or conduct or support the development of drugs or devices to diagnose, predict, or treat health conditions.
How we use user content and web behavior information
We use user content to provide our services and improve the overall user experience. For example, posts made to the Segterra community forums are publicly displayed to other users. Web behavior information is collected through log files, cookies, and web beacon technology during a visit to the website. Web behavior information is used to improve our services and the overall user experience. We may also use this information to offer you products and services that we think you may be interested in.
When users visit the website, we gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, Internet service Provider, referring/exit pages, operating system, date/time stamp, and clickstream data (i.e. a list of pages or URLs visited). We use this information, which is not designed to identify individual users, to analyze trends, administer the website, track users' movements around the website, and gather demographic information about our user base as a whole. We may, in some circumstances, need to review this automatically collected data in combination with specific registration information to identify and resolve issues for individual users, detect fraud, etc.
A web beacon is a clear graphic image that is loaded by your web browser when it accesses a website and that records a user's visit to a particular web page. We, or third parties that work for us, may place web beacons on our website, in our emails, and in our advertisements that appear on other websites or in emails sent by others that mention our products and services with our permission. The purpose of our web beacons is to support operation of our website and to offer additional products and services through targeted advertisements. For example, we may use beacons to determine when someone views a web page, count how many individuals visit our website after clicking advertisements placed on other websites, or count how many people have purchased products from our website after viewing an advertisement we placed. Web beacons may also help us determine the effectiveness of an email campaign because the beacons can count the number of individuals who open an email or forward it to others. We use this web behavior information to better tailor our marketing to you and may also use this information to customize content on our website, enable a shopping cart, or conduct research. Third parties only collect anonymous web behavior information through the use of web beacons, allowing statistical analysis relating to the performance of our advertising. If you wish to disable web beacons, it is possible to prevent your browser from loading them, although there is not currently a standard method for doing so.
We give you the ability to connect with other individuals who have InsideTracker accounts through our community forums, relative finding features, and other sharing features. For some features, opt-out is required to avoid notifications. In addition, you may choose to disclose, through other means not associated with us any part of your personal information to friends or family members, groups of individuals, third-party service providers, doctors or other health care professionals, or other individuals. We recommend that you make such choices carefully. Personal information, once released or shared, can be difficult to contain. We will have no responsibility or liability for any consequences that may result because you have released or shared personal information with a third party. Likewise, if you are reading this because you have access to the personal information of an InsideTracker customer through a multi-profile account, we urge you to recognize your responsibility to protect the privacy of that person. It is incumbent upon customers to share personal information only with people they know and trust. Users with multi-profile accounts should use caution in setting profile-level privacy settings.
The website and services are intended for adults. Users under the age of eighteen (18) are not permitted to use the InsideTracker services.
As a general rule, we will not disclose your individual-level Personal Information to any third party, except under the following circumstances:
- To partners or service providers (e.g., credit card processors or our contracted blood test laboratory) who process or store the information in order to provide you with our services.
- When we are required to do so by law (see the section below titled "Information disclosure required by Law").
- In the context of Segterra Research. We may disclose Blood Test and Self-Reported Information intended to be published in a peer-reviewed scientific journal to research collaborators or as a result of publication ONLY in the form of anonymized statistical data.
- To commercial partnerships. Segterra may enter into commercial arrangements to enable partners to provide our services to their customers or to provide you access to their products and services. We will not provide any individual-level Personal Information to these commercial partners without your explicit consent. We may disclose Blood Test or Self-Reported Information in aggregate (which may include your non-identifiable Biomarker or Self-Reported Information) to these commercial partners even if you have not given consent for your data to be used in Segterra Research.
Information disclosure required by law
Under certain circumstances, Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. You acknowledge and agree that Segterra is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Segterra may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Segterra Terms of service(c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Segterra, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order.
Account closure and correction of personal information
If you no longer wish to participate in our services, you may close your account by sending a request to Customer Support at email@example.com. When closing an account, we remove all Blood Test Information within your account (or profile) within thirty (30) days of our receipt of your request. However, blood test information or self-reported information that you have previously provided and for which you have given consent to use will not be removed from ongoing or completed studies or business activities that use the information (such as anonymized statistical information). Our contracted blood testing laboratory may also retain your blood test information as required by local law and we may retain backup copies for a limited period of time pursuant to our data protection policies. In addition, we retain limited registration information related to your order history (e.g., name, contact, and transaction data) for accounting and compliance purposes. If your Personal Information changes, you may correct or update your registration information via your profile page. You may also correct or reset Self-Reported Information entered into a survey, form, or feature indicated for Segterra research use by emailing a request to customer support at firstname.lastname@example.org and including the name of the specific survey, form, or feature.
We take seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of information, we use a range of physical, technical, and administrative measures to safeguard your personal information, in accordance with current technological and industry standards. Please recognize that protecting your personal information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access our services. You should not disclose your authentication information to any third party and should immediately notify us of any unauthorized use of your password. We cannot secure personal information that you release on your own or that you request us to release.
In the event that Segterra goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You will be notified via email or a notice on the website of any such change in ownership or control of your Personal Information as well as any choices you may have regarding your Personal Information.
Privacy and security policies
3. Terms of Service
Terms and conditions
No medical advice
The contents of our website, including any risk estimates or other reports generated by the services (collectively, "Your Report") and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references (collectively, "Content"), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. To satisfy the laws of certain states, we may engage the services of a licensed physician or other person authorized by law to order the services or to receive your blood test results, prior to making these results available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or your blood test results or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
You will be required to create a user account with InsideTracker ("Your Account") in order to access certain portions of our website, purchase the services, and obtain InsideTracker information. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our website or the services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our website and the services with Your Account. You must immediately notify Segterra of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
This website is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the website. By using the website, you also represent and warrant that you are eighteen 18 years of age or older and that you will not use our website or the services for any purpose that is unlawful, unethical or in violation of these Terms.
Charges and billing
You must provide a valid credit card number when you order an InsideTracker product or service. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using Your Account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on Segterra income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to an InsideTracker product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
Limitations on your use of the website
You agree not to:
- Take any action that imposes an unreasonable load on the website's infrastructure,
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website,
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website,
- Delete or alter any material posted on the website by Segterra or any other person or entity, or
- Frame or link to any of the materials or information available on the website.
Limitations on the scope of our services
Segterra currently provides services in English only. However, a Segterra support staff or your healthcare provider may be able help identify additional professional resources in your area.
Ownership and use of content
The website is owned and operated by Segterra and the Content and the services and any intellectual property and other rights relating thereto are and will remain with Segterra, its licensors and suppliers, as applicable. The Content and the services are protected by U.S. and international copyright, trademark and other laws. Segterra grants you a non-exclusive, non-transferable, revocable, limited license to receive the InsideTracker services you purchase from Segterra, and to view and print one or more copies of InsideTracker report and any other content obtained by you from our website, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of InsideTracker to your physician and anyone else of your choosing. You may not use any Content obtained from our website in any other manner or for any other purpose without the prior written permission of Segterra. Our licensors and suppliers may impose additional restrictions on the Content they provide to Segterra; in the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to Segterra, its licensors and suppliers. By using our website or any services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, website or any services, or "frame" or "mirror" any part of our website without prior written consent from Segterra.
All trademarks, service marks and logos used on our website, whether registered or unregistered, are owned by Segterra, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our website without prior written consent from the rightful owner(s).
Accuracy and integrity of information
While we strive to keep the Content accurate, complete and up-to-date, Segterra cannot and does not guarantee the accuracy, completeness, or timeliness of your InsideTracker report or any other content, whether provided by our licensors, our suppliers or us. It is possible that the content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within your InsideTracker report or other content may be changed or updated by Segterra without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our website are those of the respective third party and not necessarily those of Segterra. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SEGTERRA NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Modification or Suspension of Our Site
Segterra may at any time modify, discontinue, or suspend its operation of, or restrict access to, our website or the services, or any part thereof, temporarily or permanently, without notice to you.
Third party websites
The website may contain information about, links to or advertisements for web sites operated by other parties (the "Third Party websites"). In addition, emails sent to users of this website may contain information about, links to or advertisements for Third Party websites. The information provided about, links to and advertisements concerning Third Party Sties are provided for your convenience only. We do not control such Third Party websites and we are not responsible for the content and performance of these Third Party websites or for any transactions you may choose to conduct with the operators of any Third Party websites. Segterra is not responsible for the content of linked Third Party websites, sites framed within the website or third party advertisements on the website or in emails sent from this website and Segterra does not make any representations regarding their content or accuracy. Your use of Third Party websites is at your own risk and subject to the terms and conditions of use of such sites. You acknowledge that Segterra, Inc. shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Our website is maintained by Segterra, Inc. from its offices within the United States. Segterra makes no representation that materials in our website are appropriate or available for use in other locations. Those who choose to access this website or any services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this website are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this website may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this website in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
OUR SITE, THE SERVICES, YOUR INSIDETRACKER REPORT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. SEGTERRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SEGTERRA DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SEGTERRA MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
Limitation of liability
SEGTERRA ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE INSIDETRACKER SERVICES, YOUR INSIDETRACKER REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL SEGTERRA, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INSIDETRACKER DATA, YOUR INSIDETRACKER REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND SEGTERRA OR OUR SITE; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SEGTERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
You agree to indemnify, defend and hold harmless Segterra, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use of our website, the services, Your InsideTracker services or other content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our website. You agree to cooperate as reasonably required in the defense of any such claim. Segterra reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Segterra.
Procedure for making claims of copyright infringement
Segterra's agent for copyright issues relating to website is as follows:
If you believe any content infringes your copyright, you may request that such Content be removed from our website by contacting Segterra's copyright agent and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide its URL or any other pertinent information that will allow Segterra to locate the material
- Your name, address, telephone number and email address
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information that you have supplied is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
- A signature or the electronic equivalent from the copyright holder or authorized representative
This agreement and the resolution of any dispute related to these Terms, our website, the services, your InsideTracker report or any other content shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflicts of law principles. Any legal action or proceeding between Segterra and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Middlesex County, Massachusetts, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.