PRIVACY POLICY

Last modified: 5/27/2009

Overview

Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our Website. This privacy policy tells you how we collect information from you on the Gene Smart website (the "Website"), how we use it and with whom we share it. In this Privacy Policy, we refer to information that specifically identifies you or can be used to contact you as "personally identifiable information." Please read this Privacy Policy carefully. Except as disclosed in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others.

We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. By using our Website or any of our products, offerings, features, tools or resources that we provide on our Website you agree to the terms of this Privacy Policy.

This Privacy Policy applies only to information collected by GSW via the Website and does not apply to information collected or obtained by GSW by any other means. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, etc.), or for the privacy practices of websites that are operated or owned by third parties.

Target Audience

The Website is intended for and directed to adults in the United States. We will not knowingly collect personally identifiable information via this Website from visitors under the age of 18.

Information Collection

When using the Website, you may be asked to provide various types of personally identifiable information to enhance your experience on the Website. For example, to join our mailing list you must provide at least your email address. We may also ask you to optionally submit personally identifiable information so you can benefit from its special features, such as order processing, or community networks, or to participate in a particular activity, such as a promotional offer.

Passive Information Collection

As you navigate this Website, certain anonymous information may be passively collected by us (that is, gathered without your actively providing the information) using various technologies. For instance, in order to provide you with ease of access to your account, GSW may place a cookie (a small text file) on any computer from which you access the Website. When you revisit the Website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

This Website may also collect anonymous information from your computer through cookies. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this Website might not work without cookies.

This Website may use and aggregate such passively collected anonymous information to better serve Website visitors, customize the Website, compile and analyze statistics and trends, and otherwise administer and improve the Website. Such information is not combined with personally identifiable information collected elsewhere on the Website unless you have consented.

We may use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

How We May Use Your Information

With respect to the information we collect about you, we may retain and use that information for several purposes. For example, we may use it to process and fulfill any purchases you make on the Website (including any customary follow-up or confirmation communications regarding such purchases), process your requests, enter you into sweepstakes, establish an account for you, respond to your questions or send emails to our mailing list subscribers. We may also use it to ensure compliance with our policies and applicable law. In addition, we may send you periodic communications by email or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, use the opt-out mechanism provided in such email.

When We May Disclose Your Information

GSW does not share members' personally identifiable information with any third party, except in the following circumstances:

We may use operational service providers to perform certain services on our behalf, such as maintaining the Website and our mailing lists, storing, processing and transmitting data, creating and executing email campaigns, and providing marketing assistance, web analytics and data analysis. We may provide your personally identifiable information to these operational service providers when the information is necessary for them to perform their duties. We request that our operational service providers protect your privacy and not disclose your personally identifiable information to third party marketers that are not associated with GSW. Additionally, we request such providers not to use your personally identifiable information for their own marketing or promotional purposes;
If GSW partners with a third party to provide a contest, sweepstakes or other promotion, we may transfer personally identifiable information you provide us with for the purpose of such promotion;
We may be legally required to disclose certain information about you due to a law, regulation, subpoena, search warrant, court order, agency request or other such similar requirement; and if there is a change in the control of GSW's business or a transfer of its assets to one or more third parties (e.g. sale of the company), information about members and other visitors to the Website may be sold or otherwise transferred to such third parties.

Security

This Website takes reasonable steps to protect personally identifiable information as you transmit it to our Website and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Please note, however, that no Internet transmission is ever completely secure or error-free, including such transmissions via the GSW Website. GSW will use commercially reasonable efforts to safeguard the privacy of any information or content you submit.

Links to Other Websites

This Website may contain links or references to other websites to which this Privacy Policy does not apply. We encourage you to read the Privacy Policy of every website you visit.

Contact Us

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this Website please contact us at bewell@genesmart.com.

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this Website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Use, you should not use our Website.

From time to time, we may supplement these Terms of Use with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Medical Information

GSW is not a medical provider. We do not give individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners. You should evaluate all information provided by the Website, including information posted by other users of the Website on your own. In addition, please do not contact GSW with medical questions as we cannot provide individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners.

The content of the Website are for educational purposes only, and not intended as a substitute for medical counseling or treatment. Before starting any wellness, diet or fitness program, consult your physician, and do not start a program if your physician or health care provider advises against it. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure or prevent any disease.

Ownership, Trademarks and Copyright

All right to, title to, and interest in the content displayed on the Website, including without limitation, the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of or are otherwise owned, controlled or licensed by GSW or its applicable partners, agents or third parties. The Website and the content herein are protected by worldwide copyright and trademark laws.

Gene Smart is a registered trademark of Dr. Floyd Ski Chilton and licensed to Gene Smart Wellness LLC and Gene Smart Compassion, Inc. All rights reserved. All other trademarks appearing on www.genesmart.com are the property of their respective owners.

Becoming a Registered User

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website.

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use this Website to:

Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of Gene Smart Wellness LLC, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Gene Smart Wellness LLC or our affiliates or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
"Stalk" or otherwise harass another user or employee of this Website; or
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;
Your privilege to use this Website depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.

Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is been removed.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Links

These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

Password and User Security

If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

Information Disclaimer

THE INFORMATION IN THIS WEBSITE AND ANY COMMUNICATIONS THEREFROM IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GSW NOR ITS SUPPLIERS OR AGENTS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. GSW AND ITS SUPPLIERS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, ITEMS, OR OTHER MATERIAL ON THE WEBSITE. WHILE GSW STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, GSW AND ITS SUPPLIERS AND AGENTS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

Disclaimer of Warranties With Respect to Use of Website

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GSW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GSW DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GSW MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GSW OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GSW, ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS BE LIABLE FOR LOSS OR INJURY OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY PHYSICAL HARM, ILLNESS, DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; OR (4) PARTICIPATION IN THE PROGRAM AND ANY OTHER USE OF THE SERVICES

Indemnification

You agree to indemnify and hold harmless GSW, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law.

Miscellaneous Terms

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the entire agreement between you and us relating to the subject matter herein. These Terms of Use may be modified only by our posting of changes to these Terms of Use on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.