Alumia – Terms of Service
Effective Date: May 20, 2021
Alumia offers personalized nutrition plans on a subscription basis. Our Services involve the following three-step process: 1) after you complete your initial purchase and register for an account (“Account”) on https://www.alumia.com (our “Website”), we send you an at-home saliva collection kit (our “Kit”) which includes a saliva collection tube and detailed instructions on how to register and provide your saliva sample; 2) next, we ask that you mail your sample to our CLIA-certified laboratory and provide some additional self-reported information related to your general wellness and lifestyle (your “Lifestyle Information”) by answering questions in our lifestyle questionnaire (our “Lifestyle Questionnaire”); and 3) once our laboratory receives your sample, your sample is subjected to a DNA genotyping process that produces your genetic information (your “Genetic Information”), which is then presented with accompanying scientific research findings in your Genetic Report (your “Genetic Report”). Based on your Lifestyle Information and information contained in your Genetic Report, Alumia provides you with personalized recommendations and offers, including an offer for a monthly subscription of personalized daily dietary supplements (the “Alumia Vitamins”). You may answer the Lifestyle Questionnaire, access your Genetic Report, and purchase Alumia Vitamins through your Account portal on the Website.
This Terms of Service is a contract entered into by and between You (“You”, “you” or “User”) and Alumia Nutrition Inc. (“Alumia,” “We,” “we” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our CA Privacy Notice and Privacy Notice, the “Terms of Service” or “Terms”) govern your access to and use of the Website, the Kit and submission of your Genetic Information via the Kit, Alumia Vitamins, and any related documentation, software, application, content, functionality, and products (collectively, the “Service” or “Services”) offered by Alumia, whether as a guest or registered user.
Please read the Terms of Service carefully before you start to use or access our Services. This agreement is an electronic contract that sets out legally binding terms, including a mandatory Arbitration clause and a notice to opt-out of such Arbitration. These Terms will remain in full force and effect while you access the Website and use our Services. By accessing our Website or using our Services, you accept and agree to be bound and abide by these Terms.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR WEBSITE OR OUR SERVICES.
1. AGE RESTRICTIONS
The Website and Services are intended for users that are at least eighteen (18) years old. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms. If you are not at least eighteen (18) years old, you must not use the Services.
2. CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time at our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Alumia may provide reasonable notice of any material changes, determined at our sole discretion, by posting a notice on the Website and by emailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Website or Services following the Effective Date means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
By accessing or using our Services, you must
a) Be at least eighteen (18) years old;
b) Possess the necessary consent, legal authority and right to submit your Genetic Information on behalf of yourself or those for whom you have legal authority to agree;
c) Use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws; and
d) Not be barred from receiving or using our Services in the state, jurisdiction, or country where you reside.
Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your state, jurisdiction, or country where you reside
4. NO MEDICAL ADVICE
ALUMIA IS NOT A MEDICAL COMPANY. THE SERVICES AND ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) CONTAINED WITHIN ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR MEDICAL HISTORY. THE USE OF THE SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. NO INFORMATION CONTAINED IN THE SERVICES IS INTENDED TO BE USED FOR CLINICAL OR MEDICAL TESTING, DIAGNOSIS, OR TREATMENT OF ANY DISEASE OR HEALTH CONDITION. WE ENCOURAGE YOU TO CONSULT WITH YOUR PHYSICIAN BEFORE USING OUR SERVICES, ESPECIALLY IF YOU ARE CONSIDERING TAKING DIETARY SUPPLEMENTS FOR THE FIRST TIME, OR ARE PREGNANT, NURSING, TAKING ANY MEDICATIONS, UNDERGOING ANY TREATMENTS, OR HAVE ANY MEDICAL CONDITION.
You agree and acknowledge that the Services are for informational purposes only and should not in any way be interpreted as medical advice. Alumia does not conduct or provide any clinical or medical testing, diagnosis, treatment, or advice. You further agree and acknowledge that you will seek the advice of your physician or other healthcare providers prior to taking any action or inaction in connection with your Genetic Information, Genetic Report, or prior to your use of any Alumia Vitamins.
While Alumia attempts to keep all information on the Services up-to-date, research and technology knowledge change quickly, and the Services should not be considered error-free or as a comprehensive source of all information on a particular topic. Alumia makes no warranties or representations as to the accuracy of the content of the Services and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Services. You understand and accept that the Services are provided “AS-IS” and are based on the current state of research and technology available to Alumia upon your use of the Services. You further understand and accept that Alumia may, without advance notice to you, permanently or temporarily stop providing certain Services or functionality within the Services to you at Alumia’s sole discretion. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout these Terms and the Services. Features and specifications of products or services described or depicted on the Services are subject to change at any time without notice.
You may contact us with general questions regarding our Services, including our products and dietary supplements, but do not send us any specific medical, therapeutic, or treatment questions. We recommend that you consult your physician if you are considering taking dietary supplements for the first time, or are pregnant, nursing, taking any medications, undergoing any treatments, or have any medical condition. Note that information and statements regarding Alumia Vitamins and our Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or health condition.
5. RISKS AND CONSIDERATIONS
By utilizing the Services, you represent that you are aware of the potential risks associated with the use of the Services, including the use of the Kits and Alumia Vitamins, and the collection and submission of your saliva sample to Alumia.
Some potential risks associated with using our Services are as follows:
a) The Alumia Vitamins or recommendations provided to you may or may not be beneficial to you; the Alumia Vitamins may cause or exacerbate certain medical conditions or problems. YOUR USE OF ALUMIA VITAMINS IS AT YOUR OWN RISK. IF YOU ARE PREGNANT, NURSING, TAKING ANY MEDICATIONS, UNDERGOING ANY TREATMENTS, OR HAVE AN UNDERLYING MEDICAL CONDITION, ONLY USE ALUMIA VITAMINS AFTER APPROVAL FROM YOUR PHYSICIAN.
b) You may feel discomfort or embarrassment when providing your saliva sample.
c) You may receive recommendations for Alumia Vitamins and/or other dietary or nutritional recommendations, involving the consumption of Alumia Vitamins, foods, or ingredients to which you are allergic or sensitive, or to which you may have drug interactions with based on medications, treatments, or therapies you are using. If you have a known or suspected allergy, sensitivity, or drug interaction, you should not follow the recommendations and should consult with your physician. If you experience an adverse health effect or allergic reaction, discontinue the use of Alumia Vitamins immediately and contact a healthcare professional.
d) A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions if you consume Alumia Vitamins. If you experience an adverse health effect or allergic reaction, discontinue the use of Alumia Vitamins immediately and contact a healthcare professional.
e) You may experience an adverse health effect if you fail to exactly follow the provided instructions when using the Kit and you may need to seek emergency medical attention. The small-cap may pose a choking hazard – do not ingest the cap or leave the cap unattended in the presence of children. The saliva collection tube contains 1 ml of stabilizing liquid – do not ingest the stabilizing liquid. Wash thoroughly with water if stabilizing liquid comes in contact with your skin or eyes. For additional information, view the Material Safety Data Sheet at https://www.alumia.com/safety.
f) There may be other unknown or additional risks to using the Services that are not foreseeable at present.
Additionally, you should be aware of the following general considerations while using the Services:
g) We encourage you to talk to your primary care physician, genetic counselor, or a healthcare professional prior to using the Kit and/or consuming Alumia Vitamins.
h) We may not be able to process your saliva sample and mistakes may occur during the laboratory process. Our laboratory may not be able to process your saliva sample if: (i) you do not provide enough saliva; (ii) your saliva does not contain enough DNA; (iii) your saliva was contaminated by food, drink, or other substances; or (iv) the findings from the testing fail to meet our accuracy requirements. If any of these factors cause the initial laboratory testing to fail, Alumia will notify you and provide a new Kit to you for free (including shipping).
i) Your Genetic Information cannot predict your future health or assess your past or present state of health or well-being.
j) The field of genetics is continually changing and there are still many things to discover and understand. As scientists conduct more studies over time, future research may change our understanding of DNA and how your Genetic Information is interpreted. Thus, you should not view genetic testing or results from genetic testing as conclusive or as any clinically or medically validated advice or facts.
k) Alumia Services are for research, informational, and educational use only and are strictly intended to encourage and maintain a healthy lifestyle. As stated above, we do not provide clinical or medical advice or testing of any kind, and the Services should not be considered a substitute for any medical device or procedure. The information contained in the Genetic Report is not intended to be used for diagnostic purposes and must be used only with and under the care of your physician or other healthcare providers. The insights provided to you in the Genetic Report are derived from research information published from the National Institutes of Health and other federal government sources, in addition to specific scientific research studies related to nutrition and nutrigenomics. It is important to note that research studies related to nutrigenomics may not involve all ethnic groups or genders, and therefore some of the interpretations in our Genetic Report may not be applicable to you. Furthermore, any reporting of research information related to a genetic variant you may have for a given genetic marker is not an assessment or diagnosis of your health, nor any kind of clinical or medical advice or fact. If we provide to you any potentially actionable information, such information is intended for informational purposes only and to be used only with and under the care of your physician. You should always seek the advice of your physician with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or health condition or impairment or the status of your health.
l) Regulations on direct-to-consumer genetic testing are subject to change and may vary by jurisdiction. Depending on the state or country, genetic testing regulations may also change over time. As such, we may not be licensed in all jurisdictions for genetic testing and we do not offer our Services in all jurisdictions.
6. USER REPRESENTATIONS AND WARRANTIES
By accessing Alumia Services, you represent, acknowledge, and agree to the following:
a) You represent that you are eighteen (18) years of age or older.
b) You have the authority under the laws of the state or jurisdiction in which you reside, to provide these representations.
c) You understand that Alumia does not provide medical advice through its Services and that Alumia is not designed to independently diagnose, treat, cure, mitigate, or prevent any disease or health condition.
d) You understand that all your personal information will be stored and will be processed in accordance with our Privacy Notice.
e) If you feel unwell, ill, or experience an adverse health effect or allergic reaction following the use of Alumia Vitamins, you agree to seek medical help immediately and discontinue further use of Alumia Vitamins until cleared by your physician.
f) You grant Alumia, its contractors, successors, and assignees permission to conduct genotyping services on the DNA derived from your saliva sample and you expressly authorize Alumia to disclose the results of such tests to you and to others you have approved.
g) The sample you give to us is solely your saliva. If you consent to these Terms on behalf of a person over which you have legal authority, you affirm that the sample given is that person’s saliva and only that person’s saliva.
h) You agree to use Alumia Vitamins within twelve (12) months from the date of your purchase.
i) If you are pregnant, nursing, taking any medications, undergoing any treatments, or have medical condition, you agree to use the Services and consume Alumia Vitamins only after consultation and approval of your physician.
j) You are a resident of the United States and Alumia does not accept or process saliva samples from outside of the United States.
We may suspend or terminate your Account or cease providing you with all or part of the Services for any violation of these representations.
7. USER ACCOUNTS
You may register for a User Account on the Website. Registered users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account.
You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that Alumia is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.
8. USER CONTENT
Once you have registered an Account, you may be able to send messages, post comments, respond to surveys and otherwise upload content (“User Content”) on Alumia. Your saliva sample is separate from, and not considered, User Content. Examples of User Content include messages you send us and public reviews and testimonials you post on our Services. User Content may be visible to all users on Alumia as well as members of the public. By providing any User Content on Alumia, you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty-free, fully paid-up, perpetual, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that Alumia can prevent the use of your User Content outside of the Services, you authorize Alumia to act on your behalf with respect to infringing uses of your User Content taken from the Services by other users or third parties. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones.
You acknowledge and agree that:
a) All User Content you generate is correct, current and complete;
b) You own or control all rights in and to your User Content;
c) You are responsible for any User Content you submit or contribute, and you, not Alumia, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and
d) All of your User Content do and will comply with these Terms of Service.
All User Content must NOT:
a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Notice;
e) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
f) Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including us; or
g) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Because we cannot control what users may post, we are not responsible or liable to you or any third party for any User Content posted by you or any users on the Services. User Content is the sole responsibility of the user who posts it and Alumia cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us at: email@example.com.
9. KITS AND ALUMIA VITAMIN SUBSCRIPTIONS
As a part of our Services, we ship and provide a pre-paid return package for our Kit. A Kit contains everything you need to submit your saliva sample, including a saliva collection tube and instructions on how to provide, store, and register your saliva sample. Your Genetic Report, based on your Genetic Information produced from our laboratory analysis, is also included within the purchase of a Kit.
9.2 Alumia Vitamins Subscription
Alumia Vitamins are available for purchase through a monthly subscription (“Subscription”). Your Subscription begins on the date your order of Alumia Vitamins is prepared and shipped by our fulfillment center (“Subscription Start Date”), which will typically range between 1 to 3 business days after your order is confirmed. Each shipment contains a thirty-day supply of Alumia Vitamins which are packaged for use in sixty individual, personalized packets, alternating between a morning packet and a night packet for each day, and enclosed in a vitamin dispenser box for your convenience. Each shipment also includes a booklet containing Supplement Facts for all your Alumia Vitamins, in addition to related information about Alumia Vitamins or other Services. Unless you cancel or postpone your Subscription (as per our Subscription Cancellation and Postponement Policy in the following section), your Subscription automatically renews every thirty days on your next renewal date (“Subscription Renewal Date”) in accordance with your agreed billing period and without notice until you cancel. Subscriptions are non-transferable.
9.3 Kit + Subscription Bundle
We offer customers the option to purchase a bundle (“Bundle”) consisting of a Kit and a Subscription, whereby the first month of the Subscription may be discounted up to 100% of the regular Subscription price. If you choose to purchase a Bundle, the Subscription Start Date will commence on the date your order of Alumia Vitamins is prepared by our fulfillment center, not on the date of your Bundle purchase.
If you choose to purchase a Bundle, you will be notified to confirm (and update, if desired) the recommendations for your Alumia Vitamins after our CLIA-certified laboratory has completed its analysis of your saliva sample and we have produced your Genetic Report. We will attempt to notify you via email and/or SMS (if you provided consent for SMS notifications) up to five times to acquire confirmation of your Alumia Vitamins order. If you do not provide confirmation within two weeks of our initial notification to you, our fulfillment center reserves the right to proceed in preparing your order of Alumia Vitamins based on your existing unconfirmed recommendations. Once prepared, your order will be shipped to the existing shipping address listed in your Account.
10. SUBSCRIPTION FEES, PAYMENTS, AND AUTOMATIC RENEWALS
You acknowledge and agree that by ordering Alumia Vitamins you are signing up for an Alumia Vitamin Subscription with us. You agree to pay all applicable Subscription fees made known to you when you purchase your Subscription or Bundle (“Subscription Fees”). We may use a third-party payment processor (“Third-Party Payment Processor”) to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user of the credit card or other payment card to such Third-Party Payment Processor and that all information you provide is accurate.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes by emailing you and providing notice within your Account. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Alumia Vitamins, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes unless you cancel your Subscription in accordance with the cancellation policy set forth in this section prior to shipment.
Your right to use the Services is conditional upon our receipt of payment of Subscription Fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and Account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge or to institute new or additional fees, at any time upon notice to you.
10.1 Subscription Cancellation and Postponement Policy
IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP TO USE THE SERVICES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL OR POSTPONE IT. If you do not cancel or postpone your Subscription, then your next order of Alumia Vitamins will be prepared and shipped by our fulfillment center on your next Subscription Renewal Date, and applicable Subscription Fees will be charged to your credit card or other payment card. You may cancel or postpone your Subscription of Alumia Vitamins by logging into your Account on the Website and following the prompts under “Vitamin Plan” or by notifying us in writing at firstname.lastname@example.org.
We will attempt to notify you via email approximately four days before your next Subscription Renewal Date to inform you of the final date (generally defined as two days before your next Subscription Renewal Date) in which you can make changes to your upcoming order before it is prepared by our fulfillment center. However, if you cancel or postpone your Subscription after this final date, an upcoming order that has already been prepared or shipped by our fulfillment center cannot be canceled or postponed; in this scenario, you will be responsible for all charges (including any applicable taxes and other charges) incurred for this order and it will be the following unfulfilled order that is canceled or postponed.
In the event you cancel or postpone your Subscription, we may still send you promotional communications about Alumia unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
11. SHIPPING AND HANDLING
You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the product to the third-party courier.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
Shipments of the Kit and Alumia Vitamins will be delivered to the Shipping Address listed in your Account on the Website, and you will be held responsible for updating your Shipping Address in the event of a change. You agree that Alumia will not be held responsible for paying any extra shipping and handling fees or finding, replacing, or reimbursing any lost, misplaced, or stolen shipments associated with an outdated, incorrect, or invalid shipping address. Subscriptions are non-transferable.
12. RETURNS AND REFUNDS
12.1 Kit or Bundle
In order to receive a refund for your Kit or Bundle purchase, you must notify us at email@example.com within thirty (30) days of your purchase that you request a refund and attest that you have not yet used the Kit. After notifying Alumia of your refund request, you must return the unused Kit to our laboratory within thirty (30) days using the prepaid USPS return shipping label on the bottom of the box. Please ensure the shrink wrap around the Kit is removed to expose the USPS return shipping label. Do not refuse the package or return it to the sender since this will not reroute the Kit to our laboratory and your refund will not be processed.
We cannot issue a refund for your Kit or Bundle purchase if: (i) the Kit has been used, contaminated, damaged, or otherwise compromised; (ii) you request a refund more than thirty (30) days after your purchase; or (iii) our laboratory does not receive your unused Kit within thirty (30) days of your refund request.
After we have confirmed that the conditions of the refund have all been met, a refund will be issued to the same credit card or other payment card originally used for your purchase within thirty (30) days.
12.2 Alumia Vitamins
If you are not satisfied with an Alumia Vitamin, please email us at firstname.lastname@example.org within fourteen (14) days of the date your shipment was received. Depending on the circumstances, we may replace the item at no cost to you, or we may offer you a full or partial refund or credit of the purchase price of the item. Please note that we may require photographic documentation or the return of the item before we issue you a refund, credit, or replacement.
13. LIFESTYLE QUESTIONNAIRE
After you send your saliva sample to our CLIA-certified laboratory, Alumia will notify you via email and/or SMS (if you provided consent for SMS notifications) to fill out and complete a brief Lifestyle Questionnaire by logging into your Account on our Website. This Lifestyle Questionnaire enables you to optionally provide additional self-reported Lifestyle Information related to your general wellness and lifestyle. Any self-reported Lifestyle Information will enable Alumia to generate, bolster, or refine your selection of recommended Alumia Vitamins.
Although some questions in the Lifestyle Questionnaire may ask about your dietary restrictions, food allergies, or other day-to-day experiences or functions related to maintaining a healthy lifestyle, the Lifestyle Questionnaire and Alumia Vitamins recommendations should not be considered as an assessment or diagnosis of your health, nor any kind of clinical or medical advice or fact. Filling out and completing the Lifestyle Questionnaire does not create a physician-patient relationship between You and Alumia. If we provide to you any potentially actionable information, such information is intended for informational purposes only and to be used only with and under the care of your physician. You should always seek the advice of your physician with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or health condition or impairment or the status of your health.
14. GENETIC REPORT
After your saliva sample is processed by our CLIA-certified laboratory, Alumia will provide you with a Genetic Report containing your Genetic Information, accompanying scientific research findings, and general wellness recommendations related to encouraging and maintaining a healthy lifestyle. Any information provided by Alumia is for research, informational, and educational use only and is strictly intended to encourage and maintain a healthy lifestyle. You may choose to follow the general wellness recommendations as little or as much as you wish, or you may choose not to follow them at all. The scientific research findings contained in the Genetic Report are derived from research information published from the National Institutes of Health and other federal government sources, as well as specific scientific research studies related to nutrition and nutrigenomics. Any reporting of research information related to a genetic variant you may have for a given genetic marker should not be considered as an assessment or diagnosis of your health, nor any kind of clinical or medical advice or fact. If we provide to you any potentially actionable information, such information is intended for informational purposes only and to be used only with and under the care of your physician. You should always seek the advice of your physician with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or health condition or impairment or the status of your health.
Although we strive to deliver your Genetic Report within three (3) days, starting when our laboratory receives your saliva sample, we cannot guarantee and make no representations that you will receive your Genetic Report within a specified timeframe. If we determine that we are unable to deliver your Genetic Report within a commercially reasonable amount of time, we will issue you a refund for the applicable purchase price.
15. PRIVACY NOTICE
Your use of the Services may involve the transmission to us of your Personal Information, including your Genetic Information. We value your privacy and do not share or sell any of your Personal Information with any third parties for marketing or monetary consideration. Our policies with respect to the collection, use, disclosure, and protection of such Personal Information are governed according to our Privacy Notice, which is hereby incorporated by reference in its entirety. Please review our Privacy Notice before beginning to use our Services. By using our Services, you acknowledge and agree to our Privacy Notice.
16. NON-COMMERCIAL USE
The Services are intended for personal use only. Any attempts to use the Services or the Kits for non-personal or commercial purposes in violation of these Terms (including reselling, distributing, sharing, and transferring to third parties for consideration) will have the effect of rendering the above license invalid and of no avail in law. Alumia reserves the discretion to refuse Services obtained in violation of these Terms.
17. PROHIBITED USES
You may use our Website and Services only for lawful purposes in accordance with these Terms of Service. You agree not to use the Website or Services:
a) To upload, post, email, or otherwise transmit any content, including, but not limited to Genetic Information, that you do not have a right to transmit under any law or under parent-child, contractual or fiduciary relationships;
b) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
c) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
d) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service;
e) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
f) To impersonate or attempt to impersonate Alumia, an Alumia employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing); or
g) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Alumia or users of the Services, or expose them to liability.
Additionally, you agree not to:
h) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
i) Use any robot, spider, or other automatic device, process, or means to “scrape”, “crawl”, or access the Services for any purpose, including monitoring or copying any of the material on the Services.
j) Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
k) Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.
m) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
n) Otherwise attempt to interfere with the proper working of the Services.
o) Use the Website or Services to encourage, promote, facilitate, or instruct others to engage in illegal activity.
p) “Frame” or “mirror” any part of the Services or the Website, without Alumia’s prior written authorization.
q) Use the Services to damage Alumia, or any related websites, affiliates, or subsidiaries.
r) Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.
s) Reverse engineer Alumia’s Lifestyle Questionnaire, programming, saliva collection device and methods, and vendors.
t) Resell the Kits, Alumia Vitamins, or any part of the Services.
u) Violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Services or have been communicated to you by anyone affiliated with Alumia.
You acknowledge and agree that you are solely responsible for (and that Alumia has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Alumia may suffer) of any such breach. You further acknowledge and agree that you will defend and indemnify Alumia and its affiliates against any liability, costs, or damages arising out of any violation by you of these Terms.
18. ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Recognizing the global nature of the Internet, you agree to comply with all laws applicable to you, including laws relating to intellectual property, data privacy, online conduct, and acceptable content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In order to access or use the Website or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Website, and your license to use the Services will be immediately revoked.
Specifically, you agree 1) that providing your Genetic Information is not subject to any export ban or restriction in the country in which you reside, 2) that your Genetic Information and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Services online.
You agree to indemnify and hold Alumia, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, (iv) any User Content you submit, post to, or transmit through the Services, and (v) any Genetic Information you submit, post to, or transmit through the Services. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Alumia and be fully responsible for any loss, liability, and/or legal fees that arise from the violation of the Terms of Service herein.
20. INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to the Website, Genetic Report, software, mobile applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Alumia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Alumia hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Services for your personal, non-commercial use only and as set forth in these Terms of Service. Alumia reserves all rights not expressly granted herein the Services. Alumia may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you must not license, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Services except as permitted by this Terms of Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services, (c) you shall not access the Website or Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website and Services shall be subject to these Terms. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
The Alumia name, logo, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of Alumia or its affiliates or licensors. You must not use such marks without the prior written permission of Alumia. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.
If you believe the material contained within the Website or Services violates your intellectual property rights, please contact Alumia at: email@example.com.
21. DIGITAL MILLENNIUM COPYRIGHT ACT
Alumia respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Alumia Nutrition Inc.
Attention: DMCA 228 Park Ave S, PMB 93129
New York, NY, 10003-1502
If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
22. MODIFICATIONS TO THE SERVICE
Alumia reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you and without any liability to you or any third party.
In the future, Alumia may update the Services and functionality of our genetic testing components. Your initial purchase of our Services does not entitle you to any future updates or upgrades of the Services. Unless explicitly stated, you will have to pay all fees associated with the purchase of our Services as if you were purchasing the Services as a first-time customer. In addition, future scientific research may change how your Genetic Information is interpreted, and such changes may be reflected in your existing Genetic Report(s) with or without notice.
23. TERMS OF SERVICE VIOLATIONS AND TERMINATION
Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without any refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of Alumia’s intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or by contacting us at: firstname.lastname@example.org. If you delete your Account, Alumia may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Website and our users or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Notice, retention of that information will be subject to those third parties’ policies.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
25. THIRD-PARTY SERVICES, CONTENT AND ADVERTISEMENTS
The Website or Services may contain third-party products or services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, as well as third-party links which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. You acknowledge and agree that Alumia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Services.
26. WARRANTY DISCLAIMERS
a) THE WEBSITE AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ANY INFORMATION CONTAINED WITHIN ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR MEDICAL HISTORY. USE OF THE SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. NO INFORMATION CONTAINED ON THE WEBSITE OR SERVICES IS INTENDED TO BE USED FOR CLINICAL OR MEDICAL TESTING, DIAGNOSIS OR TREATMENT OF ANY DISEASE OR HEALTH CONDITION. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
b) WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. ALUMIA IS NOT RESPONSIBLE FOR THE DELETION OF OR FAILURE TO STORE ANY MESSAGES, OTHER COMMUNICATIONS, OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES; OR FOR THE LOSS OF GENETIC INFORMATION DUE TO MALFUNCTION OR DESTRUCTION OF DATA SERVERS OR OTHER CATASTROPHIC EVENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
c) FROM TIME TO TIME, ALUMIA MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. ALUMIA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL ALUMIA OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICES.
27. LIMITATION OF LIABILITY
a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITI VE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL ALUMIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ALUMIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTEEN DOLLARS ($15).
b) ALUMIA SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO: YOUR GENETIC INFORMATION, YOUR RELIANCE ON YOUR GENETIC REPORT, YOUR CONSUMPTION OF ANY ALUMIA VITAMINS, YOUR USER CONTENT, YOUR FINANCIAL DATA OR ANY OTHER DATA YOU SUBMIT TO ALUMIA, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
c) THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
28. DISPUTE RESOLUTION, ARBITRATION AND HOW TO OPT-OUT
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a) Agreement to Binding Arbitration. Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND ALUMIA AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
b) You and Alumia agree that any disputes arising out of, or related to, the Website, the Services, these Terms and/or any policies or practices of Alumia (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). Notwithstanding the above, Alumia is always interested in attempting to resolve any Disputes by amicable and informal means, and you agree to contact us at email@example.com before resorting to arbitration.
c) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.
d) YOU AND ALUMIA ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor Alumia agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
e) If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with Alumia, in accordance with commercial arbitration rules, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
f) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Alumia (except for small-claims court actions) may be commenced only in the federal or state courts located in Delaware. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
g) Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
h) This Agreement, and any Dispute between You and Alumia shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
i) If you access the Website or use the Services from outside the United States, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Services. Regardless of whether you access the Website or use the Services from outside the United States, all Disputes shall be resolved in the United States as described above.
j) This section providing for arbitration of claims does not apply to commercial use and competitor violations as described above.
k) Any claim under this Agreement, whether arbitrated or not, are governed by Delaware and may be brought only in the state or federal courts in Delaware.
29. WAIVER AND SEVERABILITY
No waiver by Alumia of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Alumia to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
30. CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Alumia or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
31. SECTION TITLES
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Alumia’s prior written consent in the form of a written instrument signed by a duly authorized representative of Alumia. Alumia may freely assign this Terms of Service without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
33. NOTICE AND CONTACT INFORMATION
For questions or concerns related to these Terms of Service, please contact us at email@example.com.
34. ENTIRE AGREEMENT
This Terms of Service, constitute the sole and entire agreement between you and Alumia and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.