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Terms and Conditions

PRECISION HEALTH TERMS OF SERVICE

Last Updated: April 15, 2025

Welcome to Precision Health. 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Welcome to our platform, a digital destination accessible via the internet to users worldwide (the “Website” or “Site”). Our Website is dedicated to providing information and content related to Precision Health and its associated partners, collectively referred to as “Precision Health,” including affiliates who create their website programs using our online tools. Our affiliates may offer exclusive content on our platform, encompassing topics like wellness, training, fitness, and nutrition. The content, along with related services, is owned by Precision Health or the respective affiliate/partner (“Company”).

By using the Precision Health website, which displays unique affiliate branding and features, you agree to these Terms and Conditions. Together with our Privacy Policy, which is available here, they form a binding agreement (“Agreement“) between you (“You,” “Your,” “Online User,” or “User”) and Precision Health.

  1. OVERVIEW
  1. Scope of Services

This Agreement covers Your use of the Precision Health website across any domain name incorporating the Precision Health platform, including all sites owned or operated by us, subdomains, related apps, content, APIs, data feeds, marketplaces, and other services we offer (“Service” or “Services”).

  1. Additional Terms

Please note that specific services within the Service may have additional terms and conditions. Before using these services, we recommend You review those additional terms. By engaging with these services, You accept that the additional terms are part of this Agreement. By accessing the Site, You acknowledge and accept the terms laid out in this Agreement and any additional ones pertaining to other services offered.

  1. Terms of Service Acceptance

By using our Website or engaging with the Services and information we offer (including any Affiliate Websites), You agree to comply with and be bound by these Terms and Conditions (“Terms”). These Terms apply to all Users, whether registered members or simply visitors, and to any individual or entity acting on a User’s behalf.

  1. Modifications to Terms

Please be aware that Precision Health may modify these Terms at any time, without notice, at our sole discretion. Your continued use of the Website signifies Your acceptance of the Terms as they stand each time You use the Site. You are responsible for reviewing any changes to the Terms when You access the Website. If You do not agree with the Terms, You are not permitted to use the Website.

  1. Membership and Subscription Services

Precision Health, along with its Affiliates, reserves the right to deny membership or access to the Site for any reason. To become a member (“Online User”) and access our diet and fitness planning and related services (“Subscription Services”), You must provide personal information and agree to these Terms.

  1. Indemnification

You agree to defend, indemnify, and hold Precision Health and its officials, directors, employees, agents, licensors, and suppliers harmless from any claims, legal actions, demands, liabilities, and settlements, including, without limitation, reasonable attorney’s fees and accounting expenses, that may arise from or are claimed to arise from Your use of the content provided by Precision Health. In the event of any legal action or claim, Precision Health will promptly notify You and expects reasonable cooperation from You, at Your own cost, in defending against such legal actions or claims.

II. TERMS AND CONDITIONS

  1. Internet Access Requirements

To access our Website and use the Services, You must have an internet connection and provide all necessary equipment to connect to the World Wide Web. You are responsible for any internet service fees that come with such access.

  1. Age Restrictions

You must be at least eighteen (18) years of age to use our Services or access our Website, unless You have explicit permission from Your parent or guardian. Children under the age of thirteen (13) may only use the Website with written consent from their legal guardian, and only after consultation with a medical professional.

  1. Service Availability

While we strive to provide continuous availability, we do not guarantee the Website or Services will always be available. We reserve the right to discontinue or modify the Website or Services at any time, including prices, descriptions, and other e-commerce-related information and functionality. You acknowledge that we shall not be liable for any such changes or the discontinuations of Services.

  1. Authorized Use & Passwords

We grant You a limited license to access and use the Website for legal purposes and in accordance with these Terms. Except for temporary caching or as expressly permitted in writing, You may not download, modify, or use any part of the Website for commercial purposes. Unauthorized actions include engaging in resale activities, derivative usage of the Website’s contents, downloading or copying account information for another person or entity, and employing data mining or extraction tools.

You are not permitted to post or transmit any material through the Website that infringes or violates the rights of others, is unlawful, abusive, defamatory, invasive of privacy, sexually explicit, or otherwise deemed objectionable at our sole discretion.

Moreover, You cannot use the Website in any way that inhibits others’ use and enjoyment of the site. Unauthorized use of the Website immediately terminates the granted license.

If You create an account, You are responsible for maintaining the confidentiality of Your account and password and restricting access to Your computer, accepting responsibility for any activities occurring under Your account or password. Notify us immediately of any unauthorized account activity or security breaches.

We reserve the right to refuse service, terminate accounts, edit or remove content, or cancel orders at our discretion.

  1. Links and Advertisements
  1. Links to Third-Party Sites

We may provide links to third-party websites or resources as well as advertisements or promotional materials for third parties. We have no control over these external sites or the quality of their products and services. Therefore:

  • We are not responsible for the availability or content of these external sites.
  • We do not endorse or guarantee the content, products, or services provided through these third-party sites.

You acknowledge and agree that we shall not be liable for any damage or loss resulting from Your interaction with these third-party sites.

  1. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs Your use of the Services and outlines how we collect and use Your information.

  1. Prohibited Activities and Appropriate Website Use

You are responsible for all Your communications and content on the Website, such as comments and job postings (“User Content”). You agree not to transmit any harmful software or other materials that could damage or interfere with computer systems or data. We are not obligated to verify the accuracy of User Content but may do so at our discretion.

It is prohibited to:

  • Reverse engineer any part of the Website.
  • Breach or attempt to breach the security of the Website.
  • Use any tools other than standard web browsers (e.g., Firefox, Safari, Chrome, Internet Explorer) to navigate or search the Website.
  • “Frame” or display content from the Website under another URL or in conjunction with another company’s name or trademark.
  • Copy HTML code generated by us for the creation of webpages.
  1. Disclaimers and Limitations of Liability
  1. No Warranties

NEITHER PRECISION HEALTH NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER PRECISION HEALTH NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES; (B) THE OPERATION OR MALFUNCTION OF THE WEBSITE OR SERVICES; OR (C) YOU PURCHASE OF SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C). 

  1. Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, PRECISION HEALTH SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS FOR ALTERATION, THEFT, OR DESTRUCTION OF ANY INFORMATION CONTAINED ON THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF PRECISION HEALTH TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO PRECISION HEALTH FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS. 

NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

  1. General Disclaimer; No Medical Advice

The content on the Website is for informational purposes only and not a substitute for professional medical advice. Always consult with a health care provider for medical concerns. Never ignore medical advice based on what You read on the Website.

  • We do not endorse specific tests, products, or procedures mentioned on the Website.
  • Any reliance on the Website’s content is at Your own risk.
  • We are not liable for any injury or property damage resulting from the use of the Website.

Before beginning any fitness regime or exercise program, consult a medical professional. Any exercise or technique on the Website is for educational purposes only and should not be performed without medical approval.

  1. Health Disclaimer

This Website may offer guidance on sports training, wellness, physical training, fitness, nutrition, and other related topics. If so, it is intended to support Your personal health and fitness goals. However, be aware:

  • Precision Health is not a medical organization and cannot offer medical advice or diagnoses.
  • Information on this Site should not be seen as medical advice or a diagnosis.
  • Information and reports from Precision Health are not substitutes for professional medical advice or common sense about Your health condition.

Exercise carries risks, including the potential for serious injury or even death. Before starting any new workout routine or exercise program, including anything shown on our Website, always consult with a qualified healthcare professional. The content is for learning purposes only and should not be taken as a recommendation to carry out any specific exercise or technique. You must get clearance from a medical professional before attempting any exercise described on this Site.

This Website is not suitable for minors, pregnant women, or individuals with any health condition. These groups should seek professional medical advice before starting any new sports training or exercise program.

  1. Intellectual Property and DMCA Policy

These Precision Health Intellectual Property and DMCA terms set forth additional requirements, guidelines, rights, and licenses with regard to Precision Health’s intellectual property and the intellectual property of others. These terms also apply to Precision Health licensees, developers, members, customers, and other parties wishing to use our intellectual property. 

  1. Precision Health respects the intellectual property rights of others, and we ask our users to do the same. As between You and Precision Health, Precision Health owns the Service, the Website, the content on the Website, and Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Service, other than content that has been licensed to us by third parties (collectively, “Precision Health IP”). This includes all intellectual property and proprietary rights in and to such Precision Health IP. As a reminder, the Service is only for Your personal, non-commercial use.

The Precision Health name, logos and affiliated properties, designs, trademarks, service marks, trade names, and trade dress (collectively, “Trademarks”) are the exclusive property of Precision Health and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation, or sponsorship of any person, product, or service. Nothing contained in the Service or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.

  1. Precision Health Content and Trademarks. Only Precision Health and its authorized licensees may use the Website content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose.

Any permitted use must at all times be made in accordance with the agreement between the licensee and Precision Health and must adhere to the following requirements:

  1. The Website content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to, changing the color, ratio, audio, audio-visual, font, or materials captured or contained therein.
  2. Include attributions as required by Precision Health.
  3. Such use presents Precision Health, the Website content, and our products, services, and brand in a favorable light.
  4. The Trademarks or Precision Health name are not part of the Service or product name or domain names, or websites, nor are any variations, abbreviations, or formative uses, phonetic equivalents, or foreign language translations.
  5. The “Precision Health” word mark appears less prominently than the name of Your service or product.
  6. Any reference to Precision Health and/or the Website content or our Services and products must not appear to endorse, sponsor, show an affiliation with or association between Precision Health and/or the Website content or our Services and products and You or Your products and services.

Any unauthorized use of our Trademarks or Website content is strictly prohibited.

  1. Precision Health Intellectual Property Restrictions and Reservations. Except as expressly permitted by Precision Health, You may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell, or otherwise exploit any Precision Health IP. Additionally, You are not permitted to alter, delete, or conceal in any manner any copyright, Trademark, or other notices contained on the Website, including, without limitation, notices on any Website content You transmit, display, print, stream, or interact with on the Website. Any unauthorized or prohibited use of any Precision Health IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject You to liability for such unauthorized use.

Precision Health retains all right, title, and interest in and to the Precision Health IP, and except for the limited rights and licenses granted to You under these Terms, nothing shall be construed to restrict, impair, encumber, license, alter, deprive, or adversely affect the Precision Health IP, or any of Precision Health’s rights or interests therein.

  1. If You believe that the Precision Health Service or any Website content infringes or misappropriates Your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us at [email protected]. 
  1. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our agent (contact information below) containing the following information:
  1. Your name, address, telephone number, and email address.
  2. A description of the copyrighted work that You claim has been infringed.
  3. A description of where on the Precision Health Site the material that You claim is infringing may be found, sufficient for Precision Health to locate the material (e.g., the URL).
  4. A statement that You have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by You 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.
  6. Your electronic or physical signature.

You may submit this information, or any counter-notice, by email at [email protected], or by writing to the following address: 3403 La Vie Ln, Sandy, UT 84093. Attention: Robert Brazell. 

If properly notified that any materials infringe a third party’s copyright, Precision Health will promptly remove such materials from the Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) or equivalent laws which are applicable in other jurisdictions. In addition, Precision Health may, when appropriate, terminate the accounts of repeat copyright infringers.

Precision Health may disclose any communications, including Your contact information, concerning DMCA, or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If You have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If You have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

You acknowledge and agree that Your use of the Services and any Website content contained therein is dependent upon You agreeing to and abiding by the Precision Health Intellectual Property and DMCA terms at all times. You further acknowledge that the Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Precision Health-generated content, and content provided to Precision Health by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between You and Precision Health, Precision Health owns all intellectual property rights in the selection, coordination, arrangement, and enhancement of all content on the Website.

  1. Indemnification

You agree to indemnify, defend, and hold Precision Health and its respective directors, officers, members, employees, assignees, and agents harmless, and defend any action brought against same with respect to any claim, demand, cause of action, debt, or liability, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such action is based upon a claim that: (i) would constitute a breach of any of Your representations, warranties, or agreements hereunder; (ii) arises out of or relates to Your use of the Website; and/or (iii) arises out of Your acts or omissions. 

  1. Severability

If any part of this Agreement is found invalid, the rest will remain valid and enforceable. The invalid part will be removed, and the smallest possible section of the text will be affected to keep the rest of the Agreement intact.

  1. Entire Agreement

These Terms contain our entire agreement regarding these topics. There are no other promises or conditions. This Agreement replaces all prior discussions or agreements, whether spoken or written. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Website from time to time:

  1. Privacy Policy

In the event of a conflict between any policies posted on the Service and these Terms, these Terms will control. These Terms represent the entire understanding between Precision Health and You regarding the Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

  1. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures, or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

  1. Choice of Law

The laws of the State of Utah govern these Terms, and any related disputes. Contracts emerging from this Website, including member agreements, and any advice given, are considered to have been made in Utah.

  1. Legal Proceedings and Jurisdiction

Any legal action related to these Terms or the Website’s content must be filed only in courts located in Sandy, Utah. By using the Website, You consent to the jurisdiction and venue of these courts and waive any objections regarding their location, lack of personal jurisdiction, or inappropriateness of venue. For legal claims connected to these Terms, You agree to accept service via a national courier (such as FedEx or UPS) and forego personal service.

  1. Successors; Assignment; No Third-Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Precision Health’s prior written consent. Precision Health may assign its rights, obligations, and/or these Terms at any time, in its sole discretion, without notice to You.

  1. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Precision Health electronically. Precision Health may communicate by email or by posting to the Service. For support-related inquiries, You may email us at [email protected] or call us at 208-918-2525. For all other notices to Precision Health, write to the following address: 3403 La Vie Ln, Sandy, UT 84093.

Nothing in these Terms or elsewhere shall limit Precision Health’s right to object to subpoenas, claims, or other demands, or legal processes.

  1. Modification

We may update these Terms at any time in our sole discretion. If we do so, we will let You know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Site, through the Service, or other appropriate means of electronic communication (including in an email to the address You provide during account registration). Modifications will be effective on the date that they are posted to the Site. It is important that You review the Terms whenever we update them before You use the Service. If You continue to use the Service after we have posted updated Terms, You agree to be bound by the updated Terms. If You do not agree to be bound by the updated Terms, then You may not use the Service anymore. Because the Service is evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

  1. Headings

The headings in this document are for Your convenience and do not define or limit the scope of the sections to which they pertain.

  1. Waiver

The waiver by one party of a breach of any provision of these Terms by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. 

  1. Compliance with Local Laws

Ensure Your access and use of the Website comply with the laws of Your region.

  1. Prohibited Conduct

The Website must only be used as intended. Any misuse may result in civil or criminal prosecution. We may issue a warning or suspend Your access if You: (i) breach these Terms and/or (ii) engage in activities that could create legal liability for You, Precision Health, or other users. Precision Health can deny access to the Website to anyone at any time, as permitted by law.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF OUR AFFILIATE SITES IN ANY WAY AND ARE THEREBY PROHIBITED FROM ACCESSING THIS SITE. YOU MUST EXIT THE WEBSITE IMMEDIATELY.