10X.diet is an online telemedicine service offering users in the State of California remote medical weight loss and body composition control services. These Terms of Service (“Terms of Service”) represent a legally binding contract and agreement between you (user) and 10X.diet and 10X nutrition, Inc. (“10X”) and the subsidiaries and/or affiliates of 10X (collectively, “10X”, “10Xdiet”, “10X.diet,” “10X nutrition”, “we”, “us”, or “our”). By (a) visiting the website operated by 10X nutrition, located at http://www.10x.diet and/or other related websites and/or mobile applications operated by 10x nutrition, Inc. (collectively, the “Website”), (b) registering, subscribing, reading information, and/or using the products and/or services provided by 10X.diet thereunder (together, the “Services”), and/or (c) providing your personal information to 10X.diet, you access our services and therefore are legally bound by this agreement. You are bound by these Terms of Service whether or not you register for an account with 10X.diet.
PLEASE REVIEW THESE TERMS OF SERVICE THOROUGHLY, AND CONTACT 10X.diet staff through 10x.diet with any questions about this agreement. You will provide requested personal information to us during your use of the site. Your personal information will be collected, used, and disclosed in accordance with the 10x.diet
PRIVACY AND CONFIDENTIALITY POLICY.
Terms of that policy are posted at 10x.diet and are included by this reference in these Terms of Service.
REPRESENTATIONS AND WARRANTIES OF USERS
You represent and warrant to 10x.diet that:
All information and personal data you provide to 10x.diet is true, accurate, current, and complete. You agree to maintain and promptly update information you have provided to maintain its truthfulness and accuracy as long as you are using 10x.diet. If there are reasonable grounds to suspect that information you have provided is not true, accurate, current or complete, we may deny or terminate your access to 10x.diet (or any portion thereof) at our sole discretion, subject to compliance with applicable law. You understand that telemedicine services provided and medications prescribed through 10x.diet are offered by U.S. licensed medical providers, and that 10x.diet is not itself a medical or healthcare provider. You understand that the 10X.diet dietary recommendations and medications prescribed facilitate control of body weight and loss of excess body weight, and are not for any other medical, surgical, or health condition. You understand that 10X.diet is not a substitute for personal evaluation, treatment, and/or advice of your local primary care physician, or any other qualified health care professional. You understand that you should never delay seeking emergency care, advice from your primary care physician, or help from any other health professional(s) due to any diagnosis, advice, or other information provided (or the omission of any such information) by 10X.diet, the Website or the Services, or a healthcare provider through 10X.diet, the Website or the Services.
RIGHTS, OBLIGATIONS, AND CONDUCT OF USERS
Subject to the provisions and conditions in these Terms of Service, we hereby grant to users in the State of California a limited, non-exclusive, non-transferable, freely revocable license to use the Website as permitted by features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms of Service. 10X.diet reserves all rights in the Website, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law. In consideration of your access to and use of the Website, you covenant and agree that you shall:
- Seek emergency medical help when needed, and consult with your primary care physician.
- Notify 10X.diet staff immediately of inaccuracies, errors, omissions or inconsistencies in the information or content provided on the Website, and to comply with corrective recommendations of 10X.diet and our staff. Consent to receive advice, communications, information, and/or instructions from 10x.diet via HIPAA (Health Insurance Portability and Accountability Act) compliant SMS (short messaging service = text messages), electronic mail, and or other secure channel(s).
- Avoid offensive or abusive language on the Website.
- Not contact or seek to contact any healthcare professional associated with 10X.diet outside of the Website. This protects both patients and healthcare professionals and ensures that diagnosis and treatment are delivered in a professional environment. 10X.diet and associated entities are not responsible for contact and/or interactions with healthcare professionals occurring outside of the Website.
- Not share your 10X.diet Account information, personal information, and/or other related information, including your password, with any other persons. You are responsible for confidentiality of your Account and for all activities that occur within your Account, including use by others who access your Account whether authorized or unauthorized. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account and/or any other breach of security. You may not use the Account of any other 10X.diet user at any time.
- Be responsible for any act or omission of user(s) that access the Website under your Account that, if undertaken by you, would violate these Terms of Service. Any such act or omission is considered a violation of these Terms of Service by you.
- Not, and shall not attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, (c) reverse engineer, disassemble, decompile, or translate any components of the Website, attempt to derive the source code of any components of the Website, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Website or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, or (f) systematically collect or use
any content from the Website, including through the use of any data mining, or similar data gathering and extraction methods.
- Not, and shall not attempt to: (a) disrupt or interfere in any manner with operation of the Website, or with the hardware or network used to operate the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (b) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (c) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website, (e) use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts), or (f) create Internet “links” to or from the Website, or “frame” or “mirror” any 10X.diet content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Not and shall not attempt to (a) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked websites, material, contents, products and/or services, (b) create a false identity for the purpose of misleading others, (c) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, or (d) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these Terms of Service or otherwise use the Website for the benefit of a third party or to operate a service bureau.
- Not use the Website: (a) to violate any local, state, national or international law, rule or regulation, (b) in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, (c) to collect or store personal data about other users, (d) to impersonate any to person or entity, or otherwise misrepresent your affiliation with a person or entity, or (e) in any manner that exceeds the scope and purpose of use granted above.
MUST BE AT LEAST 18 YEARS OLD
Persons under age eighteen (18) are not permitted to use features, services and other elements of 10X.diet. If you are the parent or legal guardian of an individual under eighteen (18) years of age and believe your child has used the Website without your consent or authorization, please contact us at 10X.diet.
MUST RESIDE IN THE STATE OF CALIFORNIA
At this time, operators of 10x.diet are licensed physician(s) in the State of California. Users must have a primary address in the State of California and users’ default pharmacy must be within the State of California. California residents travelling outside the State of California may have prescriptions sent to a pharmacy at any location, but only on a temporary basis.
PAYMENT OF FEES
If you elect to visit and use features of 10X.diet that involves payment of any fees, you agree to pay, and will be responsible for payment of, such fees and any and all taxes associated therewith in accordance with billing policies in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. Payments shall be facilitated through Stripe, Inc. (“Stripe”), our contracted payment processing service. You hereby authorize 10X.diet to charge you, through Stripe, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide to Stripe. If your payment method fails or fees associated with your Account
are past due, we may collect fees owed using other collection mechanisms. These include, but are not limited to, using other payment sources on file with Stripe and/or retaining collection agencies and/or legal counsel. Subject to compliance with notices or waiting periods indicated by law, we may also block your Account pending resolution of amounts due by you to 10X.diet.
THIRD PARTY CONTENT AND MONITORING
Third parties may advertise, promote, offer, and/or provide products and services on or through 10X.diet. Except for 10X.diet branded information and products or services identified as being offered by 10X.diet, 10X.diet does not operate, control, or endorse any information, products, or services on the Website or accessible through the Website in any way. Links, referrals, and/or references on 10X.diet to other website(s), product(s), and/or location(s) are provided for your convenience only and do not signify our endorsement of such other site(s), location(s), product(s) and/or content(s). We have no control over, do not review, and cannot be responsible for other websites or their content. 10X.diet is not responsible for examining or evaluating, and 10X.diet does not warrant the product(s) and/or service(s) of any third parties or the content of third party websites. 10X.diet does not assume any responsibility or liability for the actions, products, or contents of any other third parties. Access to any other website linked to 10X.diet is at your own risk. When leaving the Website for a third party website, 10X.diet recommends careful review of applicable terms of service, including privacy policies, of such third party websites.
WE WILL NOT BE LIABLE FOR INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
OWNERSHIP OF INTELLECTUAL PROPERTY
The software, code, proprietary methods, systems and content used to operate the Website (collectively, the “Intellectual Property”) are (1) copyrighted by 10X.diet and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of 10X.diet or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Website and the Intellectual Property must at all times comply with these Terms of Service. Nothing in this Agreement, your relationship with 10X.diet, or your use of the Website shall grant you any right to the Intellectual Property except the limited license to use the Website in accordance with these Terms of Service. Certain names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos (collectively, the “Marks”) of 10X.diet or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
You may delete your Account at any time, for any reason, by communicating this instruction on 10X.diet. 10X.diet may terminate your Account and/or the limited license to use the Website granted to you under these Terms of Service at any time, for any reason, or for no reason. Your medical records will be retained by 10X.diet for a period of five years as required by law, unless a longer period is required by state or federal law, after which they may be destroyed. If you are less than 23 years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. Many provisions of these Terms of Service will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Website will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Without limiting any rights which 10X.diet may otherwise have, 10X.diet reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.
We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 7 shall be subject to compliance with any notice or waiting period provided by applicable law.
DENIAL OF WARRANTIES USE OF THE 10X.diet WEBSITE, PRODUCTS, MEDICATIONS, AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, PRESCRIPTIONS, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH THE EXPECTATION OF PHARMACEUTICAL QUALITY. 10X.diet EXPRESSLY DENIES ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. 10X.diet MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE PROGRAM OR PRESCRIPTIONS WILL BE SUCCESSFUL, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 10X.diet OFFER OR PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION, PRODUCTS, PRESCRIPTIONS, MEDICATIONS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 10X.DIET OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 10X.diet DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. 10X.diet IS NOT RESPONSIBLE FOR the INTERNET, DATA BANDWITH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. 10X.diet MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN the UNITED STATES. 10X.diet MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL 10X.diet OR ITS OWNERS OR AGENTS BE HELD LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM AND/OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.
10X.diet does not warrant that information, product descriptions, and medication information is accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you purchase online or from other merchants.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 10X.diet OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR SERVICES. THE AGGREGATE LIABILITY OF 10X.diet TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO 10X.diet OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless 10X.diet and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Website, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Website, (b) your use of the Website and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website. You hereby release 10X.diet, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website or the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor.”
GOVERNING LAW AND DISPUTE RESOLUTION
The validity, interpretation, construction and performance of these Terms of Service will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising out of or relating in any way to these Terms of Service will be resolved exclusively by final and binding arbitration in San Diego, CA under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, CA for any action related to these Terms of Service. The failure of 10X.diet to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. You agree that irrespective of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
SEVERABILITY AND CONSTRUCTION
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of these Terms of Service or any section thereof.
If 10X.diet or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, 10X.diet may transfer, sell or assign to third parties rights related to your relationship with 10X.diet, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to 10X.diet. Such third parties will assume (a) responsibility for your relationship with 10X.diet, (b) information collected by 10X.diet in connection with 10X.diet’s business operations or through the Website, and (c) the rights and obligations regarding such information as described in these Terms of Service. This Agreement shall be binding upon and inure to the benefit of 10X.diet’s successors or assigns. You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
ENTIRE AGREEMENT AND AMENDMENTS
In order to participate in certain aspects of the Website or receive certain Products, you may be required to agree to additional terms and conditions as posted on the Website (the “Additional Terms”), which are hereby incorporated into these Terms of Service. To the extent there is a conflict between the provisions in these Terms of Service and the Additional Terms, the latter shall have precedence. The current version of these Terms of Service, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and 10X.diet with respect to the subject matter hereof, and governs your access and use of the Website, superseding any and all prior or contemporaneous agreements or arrangements between you and 10X.diet with respect to the subject matter hereof, whether written or oral.
We reserve the right to amend, modify, add, delete or update the terms of these Terms of Service, including, without limitation, the Additional Terms, at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of these Terms of Service , we will post the new Terms of Service on the Website and you agree that such postings constitute notice of the new Terms of Service to you. We recommend that you review and re-read these Terms of Service each time you use the Website. If you object to any changes to these Terms of Service, your sole recourse will be to cease using the Website and/or Products. Your continued access to and use of the Website and/or Products and/or Services signifies your acknowledgement and acceptance of any and all changes to the Terms of Service, and your consent to be bound by the revised terms.
You should report any suspected violations of these Terms of Service to 10X.diet through your secure patient portal.
Questions or concerns about these Terms of Service should be addressed to management through your password protected account at www.10X.diet.