PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Thank you for using Wellness Report Card™ website. Please note that information provided through this free service is not intended to be medical advice and should not be relied on by you as such. It is important for your health that you communicate fully with your physician so that together you can integrate the pertinent information, such as age, ethnicity, health history, signs and symptoms, laboratory and other procedures (radiology, endoscopy, etc.), to determine your health status. The information provided through this service is not intended to substitute for such consultations with your physician nor does it substitute for qualified medical advice specific to your health condition. Wellness Report Card™, Biomed and its Service partners disclaim any liability arising out of your use of this Service or for any adverse outcome from your use or misuse of the information provided by this Service for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided through this Service. By using this site, you verify your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Wellness Report Card™ and Biomed Personal Metabolic & Nutritional Testing, Inc. ("Biomed") may revise and update these Terms and Conditions at any time. Your continued usage of the Wellness Report Card™ website ("Wellness Report Card Site," or the "Site,") will mean you accept those changes. THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Wellness Report Card™ Site, such as text, graphics, images, information obtained from Biomed's licensors, and other material contained on the Wellness Report Card™ Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Wellness Report Card™ Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Wellness Report Card™ and Biomed do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Wellness Report Card™, Wellness Report Card™ employees, others appearing on the Site at the invitation of Wellness Report Card™, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. USE OF CONTENT. Wellness Report Card™ and Biomed authorize you to view or download a single copy of the material on the Wellness Report Card™ Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 1999 - 2004, Biomed Personal Metabolic & Nutritional Testing, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Wellness Report Card™ Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Biomed or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Wellness Report Card™ and Biomed. All rights not expressly granted herein are reserved to Wellness Report Card™, Biomed and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content. LIABILITY OF BIOMED AND ITS LICENSORS. The use of the Wellness Report Card™ Site and the Content is at your own risk. When using the Wellness Report Card™ Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Wellness Report Card™, Biomed and its suppliers. Accordingly, Wellness Report Card™ and Biomed assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Wellness Report Card™ Site. The Wellness Report Card™ Site and the content are provided on an "as is" basis. Wellness Report Card™, BIOMED, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Wellness Report Card™, Biomed, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Wellness Report Card™ Site or Biomed. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Wellness Report Card™ Site. In no event shall Wellness Report Card™, Biomed, its licensors, its suppliers, or any third parties mentioned on the Wellness Report Card™ Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Wellness Report Card™ Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Wellness Report Card™ or Biomed is advised of the possibility of such damages. Wellness Report Card™ and/or Biomed shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Neither Wellness Report Card™ nor Biomed are liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. USER SUBMISSIONS. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission You agree that you will not send or transmit to Wellness Report Card™ by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Wellness Report Card™ by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Wellness Report Card™ or Biomed by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted-- Wellness Report Card™ and/or Biomed a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Biomed may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Wellness Report Card™ or Biomed by email. We try to answer every email in a timely manner, but are not always able to do so. PASSWORDS. Wellness Report Card™ and Biomed have several tools that allow you to record and store information. For example, Wellness Report Card™ is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by Biomed or on its behalf. Wellness Report Card™ is structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Wellness Report Card™ passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Wellness Report Card™ account and password; (3) promptly inform Wellness Report Card™ and Biomed of any need to deactivate a password. You grant Wellness Report Card™, Biomed and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Wellness Report Card™ and Biomed cannot and does not assume any responsibility or liability for any information you submit, including to Wellness Report Card™, or your or third parties' use or misuse of information transmitted or received using Wellness Report Card™ and Biomed tools and services, including Wellness Report Card™. WELLNESS REPORT CARD™ AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS"). If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Wellness Report Card™ and Biomed are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Biomed in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; Allowing any other person or entity to use your identification for posting or viewing comments Posting the same note more than once or "spamming"; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the sole judgment of Biomed, exposes Wellness Report Card™, Biomed or any of its customers or suppliers to any liability or detriment of any type. Biomed and Wellness Report Card™ reserve the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Investigate an allegation that communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user's access to any or all Public Areas and/or the Wellness Report Card™ Site upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the Wellness Report Card™ Site, regardless of whether such communication(s) violate these standards. Biomed and Wellness Report Card™ reserve the right to take any action it deems necessary to protect the personal safety of our guests or the public. Biomed and Wellness Report Card™ has no liability or responsibility to users of the Wellness Report Card™ Site or any other person or entity for performance or nonperformance of the aforementioned activities. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. Biomed and Wellness Report Card™ may provide links to third-party websites. Biomed and Wellness Report Card™ also may select certain sites as priority responses to search terms you enter and Biomed and Wellness Report Card™ may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Neither Biomed nor Wellness Report Card™ recommends and does not endorse the content on any third-party websites. Neither Biomed nor Wellness Report Card™ are responsible for the content of linked third-party sites, sites framed within the Wellness Report Card™ Site, third-party sites provided as search results, or third-party advertisements, and 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 for such sites. Biomed does not endorse any product advertised on the Wellness Report Card™ Site. INDEMNITY. You agree to defend, indemnify, and hold Biomed, Wellness Report Card™, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, and other costs resulting from, or alleged to result from, your violation of these Terms and Conditions. GENERAL. Biomed is based in Russellville, Arkansas, in the United States of America. Biomed makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Wellness Report Card™ Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with Biomed, or in any way relating to your use of the Wellness Report Card Site, resides in the courts of the State of Arkansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arkansas in connection with any such dispute including any claim involving Biomed or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Arkansas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on the Wellness Report Card™ Site, these Terms and Conditions and the Biomed Privacy Policy and Agreement constitute the entire agreement between you and Biomed with respect to the use of the Wellness Report Card™ Site, and Content. Thank you for your cooperation. We hope you find the Wellness Report Card™ Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to service@WellnessReportCard.com or via U.S. mail to Biomed at P.O. Box 10145 Russellville, AR 72812. We try to answer every email in a timely manner but are not always able to do so.