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Last Revised: October 23, 2025
IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
TheUltimateHumanWellness.com provides an online informational and e-commerce platform and website (the "Platform" as further defined below). The Platform may be accessible by website (including through the Site, defined below), mobile application, or otherwise. The Platform may include from time to time (a) a website and e-commerce storefront; and (b) functionality enabling UK customers to order genetic testing kits, receive non-medical genetic-based wellness insights, and purchase supplements, all as further described herein.
The genetic testing services offered via the Platform are available to customers located in the United Kingdom only unless otherwise expressly stated by us in writing. We do not offer genetic testing services to customers located in the United States.
These Terms include not only the following Terms of Service, but also incorporate by reference all policies, guidelines, special or supplementary terms and conditions of use or service posted by us on or through the Platform from time to time and as such may be amended, modified, supplemented, or restated by TheUltimateHumanWellness.com from time to time. Our Privacy Policy available at (“Privacy Policy”) informs you of TheUltimateHumanWellness.com’s collection and use of your information (if any), including your Personal Information as defined in the Privacy Policy, in relation to your use of our Platform and/or other related products or services we may make available to you. For clarity, The Ultimate Human Wellness, LLC acts as the data controller under UK/EU data protection law for the processing of personal data related to the Platform (including genetic data), and the Privacy Policy governs such processing.
By accessing, browsing, submitting any information to or through, or otherwise in any manner using the Platform, and linking to these Terms, or by accessing, submitting any information to or through, or otherwise in any manner using any service offered on or through this Platform, You acknowledge that you have read and understand, and agree to be bound by and to comply with all of these Terms. If you do not agree to all of these Terms without any modification by you, you are not authorized to and must not access or use this Platform.
Any person who visits, uses, or accesses this Platform is referred to as a User. Users are also referred to in these Terms as “You”, “you”, “Your”, or “your.” If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The following terms used in these Terms with their initial letters capitalized, and those terms defined in the introductory paragraphs or elsewhere in these Terms, throughout these Terms have the meanings provided.
A. “Account” means with respect to Users, the account (if any) created by us on or through the Platform for a User’s use in connection with certain User Features as may be offered from time to time through the Platform.
B. “Collective Content” means TheUltimateHumanWellness.com Content and User Content.
C. “Content” means any text, graphics, images, music, software (excluding any TheUltimateHumanWellness.com Software), audio, video, information, or other electronically stored data.
D. “TheUltimateHumanWellness.com Content” means all Content that TheUltimateHumanWellness.com makes available through the Platform including any Content licensed from a third party but excluding User Content.
E. “TheUltimateHumanWellness.com Software” means any software, html, or other code, at any time or from time to time, in whole or in part, comprising the Platform or utilized by TheUltimateHumanWellness.com through the Platform.
F. “TheUltimateHumanWellness.com”, “we”, “us”, or “our,” shall refer to The Ultimate Human Wellness, LLC and, as applicable, its affiliates.
G. “Governmental Authority” means any domestic or foreign, federal, state, local, provincial, county, or municipal or supra national government or political subdivision thereof, or any agency, instrumentality, subdivision, court, tribunal, commission or other authority of such government or political subdivision, or any self-regulated, private, non-governmental or quasi-governmental organization, body or authority (to the extent that the rules, regulations or orders thereof have the force of Law).
H. “Intellectual Property Rights” means, with respect to any thing, material or work (hereinafter, a “Work”): (a) any and all worldwide copyrights, trademarks, trade secrets and any other intellectual property and proprietary rights and legal protections in and to such Work including but not limited to all rights under treaties and conventions and applications related to any of the foregoing; (b) all patents, patent applications, registrations and rights to make applications and registrations for the foregoing; (c) all goodwill associated with the foregoing; (d) all renewals, extensions, reversions or restorations of all such rights; (e) all works based upon, derived from, or incorporating the Work; (f) all income, royalties, claims, and payments now or hereafter due or payable with respect thereto; (g) all causes of action, either in law or in equity for past, present or future infringement based on the Work; (h) all rights corresponding to each of the foregoing throughout the world; and (i) all the rights embraced or embodied therein, including but not limited to, the right to duplicate, reproduce, copy, distribute, publicly perform, display, license, adapt, prepare derivative works from the Work, together with all physical or tangible embodiments of the Work.
I. “Law” or “Laws” means, as amended from time to time, any domestic or foreign federal, state, local, provincial, county, or municipal or supra national Law (including common law), rule, regulation, statute, treaty, constitution, ordinance, decree, code, proclamation, policy, procedure, guideline, standard, order, judgment, or other legally enforceable requirement enacted, issued, adopted, promulgated, enforced, ordered, or applied by any governmental authority.
J. “Platform” has the meaning ascribed to it in the second paragraph of these Terms.
K. “Products” means any goods and services offered for sale or sold by TheUltimateHumanWellness.com to Users through the Platform, including without limitation non-medical genetic-testing kits and related services.
L. “Services” means collectively all services TheUltimateHumanWellness.com offers through the Platform to Users, including the Site, any User Feature, TheUltimateHumanWellness.com Content, and TheUltimateHumanWellness.com Software, among others.
M. “Site” means the website located at www.TheUltimateHumanWellness.com or its sub-domains.
N. “User Content” means all Content that a User provides, posts, uploads, publishes, submits, transmits, or makes available on the Platform, including but not limited to all such Content provided for purposes of establishing, initializing, modifying, or creating an Account.
O. “User Feature” means any feature or functionality of the Platform which TheUltimateHumanWellness.com may designate from time to time for use by Users for or in connection with the TheUltimateHumanWellness.com Services.
P. “User” means any person or entity that uses or accesses the Platform or any User Feature, including but not limited to any person or entity who completes the Account registration process described under the “Account Registration” section below and who remains in good standing and has not otherwise been restricted or terminated by TheUltimateHumanWellness.com.
A. Explanation of the Site
TheUltimateHumanWellness.com may provide from time to time an online interactive, informational, and e-commerce website, the Site, through which it provides information regarding Products and related offerings. In some cases, the Site offers e-commerce services to enable the purchase of Products and/or provides links to third party dealers, distributors, e-commerce platforms, and our affiliates. NOTWITHSTANDING THE FOREGOING, YOU AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND FOR NO OTHER PURPOSE.
B. Disclaimers
NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY ASPECT OF THE PLATFORM OR ANY PRODUCTS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY MEMBER CONTENT) UPLOADED TO, DOWNLOADED FROM, OR STORED BY OR WITHIN THE PLATFORM WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE PLATFORM OR THAT WE WILL CORRECT ANY DEFECTS.
IN NO EVENT WILL THEULTIMATEHUMANWELLNESS.COM BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS OR USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF THEULTIMATEHUMANWELLNESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
THE INFORMATION PROVIDED THROUGH THE PLATFORM AND/OR ANY USER FEATURE DOES NOT CONSTITUTE MEDICAL OR CLINICAL ADVICE AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PRACTITIONER.
YOU AGREE AND ACKNOWLEDGE THAT MR. GARY BRECKA IS NOT A LICENSED MEDICAL PROFESSIONAL. YOU AGREE AND ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THE PLATFORM IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
THE PLATFORM AND ANY GENETIC-BASED INFORMATION OR REPORTS ARE FOR INFORMATIONAL, EDUCATIONAL, AND WELLNESS PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE DO NOT PROVIDE MEDICAL ADVICE, MEDICAL DIAGNOSIS, OR RECOMMENDATION FOR MEDICAL TREATMENT, AND DO NOT PROVIDE GENETIC ANALYSIS FOR DISEASE DIAGNOSIS OR THE PREVENTION, MITIGATION, OR TREATMENT OF DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. GENETIC INFORMATION IS ONLY ONE PART OF YOUR OVERALL WELLNESS AND MAY CHANGE AS SCIENCE EVOLVES. ONCE YOU LEARN YOUR GENETIC INFORMATION, THAT KNOWLEDGE IS IRREVERSIBLE AND MAY NOT BE POSITIVE OR MAY BE UPSETTING.
TheUltimateHumanWellness.com reserves the right, at its sole discretion, to modify the Platform or to modify these Terms at any time and without prior notice, and without penalty. If we modify these Terms – which may include updating, revising, amending, supplementing, restating, or terminating these Terms – we will either post the modification on the Platform or otherwise provide you with notice of the modification. Please also refer to the “Last Updated” date indicated at the beginning of these Terms. Through continued access or use of the Platform after TheUltimateHumanWellness.com has posted a modification thereon or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must discontinue use of the Platform.
The use of this Platform is intended for persons who are 18 years of age or older. Genetic testing services are available only to persons located in the United Kingdom at the time of ordering and kit activation, unless otherwise expressly stated by us. Any access to or use of any User Features, or the Platform by anyone under 18 is prohibited. By accessing or utilizing any User Features on or through the Platform you represent and warrant that you are 18 years of age or older.
A. Registration, Profile, and User Content
From time to time in order to access certain User Features, including the “Rule Brecka” or other membership features, you may be required to register to create an Account. You may register directly via the Platform or as described in this Section.
As a User, your Account and your Account profile page will be created based upon the User Content you provide to us. In some instances, TheUltimateHumanWellness.com will provide you, either in person or by electronic means, information necessary to establish your Account. Any information that you provide, publish or post to or through the Platform (including any profile information you provide) or send to other Users (including via any feedback, text, any email feature, or through any TheUltimateHumanWellness.com-related Facebook, Twitter or other social media posting), whether or not related to establishing or using an Account or otherwise, will be considered User Content. You consent to us using your User Content to create an Account that will allow you to utilize certain User Features of the site reserved for our Account holders. Our collection and use of personal information in connection with the Platform is as provided in TheUltimateHumanWellness.com’s Privacy Policy located at www.TheUltimateHumanWellness.com/privacy.
As a User, you are the sole authorized user of your Account (if applicable) and are responsible for maintaining the confidentiality of any password provided by you or TheUltimateHumanWellness.com for accessing User Features. You are solely and fully responsible for all activities that occur under your Account (even if that content or activity occurs from other individuals who have accessed the Platform and other Services through your Account), and TheUltimateHumanWellness.com expressly disclaims any liability arising from the unauthorized access or use of your Account. If at any time you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.
B. Limitation, Suspension, Termination, and Cancellation of Accounts
As a User, you may not have more than one (1) Account with TheUltimateHumanWellness.com at any given time. TheUltimateHumanWellness.com may, in our sole discretion and without thereby incurring any liability to you or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate, or cancel your Account and/or otherwise deny you access to the User Features, and particularly if you provide any false or misleading information, or otherwise violate any of these Terms.
You may cancel your Account at any time via the “Cancel Account” or other similarly designated feature of the Platform, or by notifying us thereof by e-mail at support@TheUltimateHumanWellness.com.
We may communicate with you about the Platform and your orders by email, on-site notifications, and (where you have provided valid consent under UK law) by SMS or other electronic means. Marketing communications will be sent only with your consent and you may withdraw consent at any time (e.g., by using unsubscribe links, replying STOP to SMS, or adjusting your preferences). Standard message rates may apply. We comply with UK Privacy and Electronic Communications Regulations (PECR).
A. Placing Orders
The Platform may enable you to may place orders for Products through a User Feature on the Platform. In some cases, you may be required to establish an Account to make purchases although in other cases this may not be necessary or required. TheUltimateHumanWellness.com reserves the right, in its sole discretion and at any time after receiving any order from you for any Products, to accept, refuse, place on hold or cancel any order you submit to us, including the right to limit any quantities of Products you may wish to purchase.
Once we receive your order, we will provide you with an e-mail confirmation at the email address you provide for that purpose when you register on the Platform for an Account. Your receipt of an order confirmation does not signify TheUltimateHumanWellness.com’s acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgement that we received your order.
After receiving your order, TheUltimateHumanWellness.com may contact you to request clarification, additional or missing information regarding your order or your Account. It is your responsibility to deliver to us in a timely manner all additional information related to your order we may request. TheUltimateHumanWellness.com reserves the right, in its sole discretion, to place your order on hold or even cancel it if any requested information is not received in time or is incomplete. Orders which we place on hold may at any time thereafter be cancelled by us if there is any missing information which we require. With respect to any such orders which we cancel under this paragraph for which you have, at the time of cancellation, already made payment for the Products in question, we will issue a credit or refund according to these Terms.
Notwithstanding anything to the contrary set forth in these Terms, once an order is processed, all sales are final and no refunds or exchanges will be accepted.
Genetic test kits and supplements are shipped and fulfilled within the UK by Healf (UK) on our behalf. We may decline, hold, cancel, or limit orders not compliant with our UK-only service scope for genetic testing.
B. Payments and Authorizations
You agree to pay TheUltimateHumanWellness.com for all fees and charges associated with the any Products. All fees and charges are due in full at the confirmation of your order. Our Shopify storefront and/or third-party payment processors process payments on our behalf. You authorize such processors to charge the payment method you provide. All amounts shown are in GBP unless otherwise stated.
In connection with any payments made through the Platform, You may be asked to provide customary billing information such as name, billing address and credit card or other payment information either to TheUltimateHumanWellness.com or its third-party payment processor(s) such as Shopify. You agree to pay TheUltimateHumanWellness.com for any purchases in connection with your Account or your use of any of the User Features, or otherwise provided to you or on your behalf, in each case by one of the payment methods from time to time described on provided for on the Platform, including the charging of the credit card account. You hereby authorize the payment and collection of any and all such amounts by the charging of the credit card, or via such other payment method provided for under your Account. If you are directed to any TheUltimateHumanWellness.com third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.
In furtherance of your use of the User Features, you understand and agree that TheUltimateHumanWellness.com reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for any fees or charges for or associated with any Products or (ii) charge your credit card or other payment method a nominal amount, not to exceed one dollar ($1) per verification, or a similar sum in the currency in which you are transacting, to verify your credit card or other payment method. As a general rule, TheUltimateHumanWellness.com will collect any fees or charges due upon placement of your order. In our discretion such fees and charges may instead be collected by us at an earlier or later point.
TheUltimateHumanWellness.com does not control, and is not responsible for, any fees or charges that may be charged to a User by your bank, financial institution, or payment provider, with respect to TheUltimateHumanWellness.com’s collection of fees or payments, and TheUltimateHumanWellness.com expressly disclaims all (and you agree that TheUltimateHumanWellness.com will have no) liability in this regard.
C. Shipping
Shipping charges and expected delivery dates may be displayed through the User Features at the time of your order, or may appear in an order confirmation e-mail. Based on our service locations and your shipping address, we determine the shipping carrier for your order. Occasionally, we may send your order in two or more shipments.
D. Returns
TheUltimateHumanWellness.com takes pride in its Products and desires that all Users are satisfied with their purchase. Our policy, however, is that all sales are final unless otherwise stated. If you believe there is an issue with your Products, please e-mail us at support@TheUltimateHumanWellness.com within five (5) days of receiving your order and we will do our best to resolve it for you. In no event, however, is TheUltimateHumanWellness.com obligated to refund or replace any purchase.
E. Promotions
TheUltimateHumanWellness.com, at its sole discretion, may from time to time, make special offers or promotions (“Promotions’) available to some but not all Users, or to prospective Users. Promotions, which we may from time to time offer to our Users may not be the same and different Users may be offered different Promotions. Furthermore, prospective Users may also be offered different Promotions. No Promotion, unless and then only to the extent expressly made to you specifically, shall have any bearing whatsoever on your Account, these Terms or your relationship with TheUltimateHumanWellness.com. Any promotional coupon, which we may utilize in connection with a Promotion is applied at the discretion of TheUltimateHumanWellness.com, and while TheUltimateHumanWellness.com may in connection with a Promotion reduce the cost of certain Products, if any, subject to such Promotion, based on an amount or discount value, stated by us in the Promotion, all other fees and charges for or in connection with Products, as well as, all shipping and handling (if applicable), and sales tax will still apply and be due to and payable to TheUltimateHumanWellness.com.
You understand and agree that you alone are responsible, at your sole cost and expense, for compliance with any and all Laws that may apply to your use of the Platform or any feature thereof. In connection with your use of the Platform, you must not, and you agree that you shall never do or attempt to do any of the following:
1. violate any applicable Law or these Terms;
2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other features or services contained in or comprising the Platform;
3. use the Platform or any part thereof or any feature or functionality accessed on or through the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
4. interfere with or damage the Platform, or any part thereof or any feature or functionality accessed on or through the Platform;
5. use the Platform, or any part thereof or any feature or functionality accessed on or through the Platform to transmit, distribute, post, or submit any information concerning any other person or entity;
6. use the Platform for the distribution of unsolicited commercial email (“spam”);
7. stalk, harass, or bully any other user of the Platform;
8. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
9. post, upload, publish, submit or transmit any Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy, (ii) violates, or encourages any conduct that would violate, any applicable Law or regulation or would give rise to civil liability, (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, pornographic, vulgar or offensive, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances;
10. use, display, mirror or frame the Platform;
11. access, tamper with, or use non-public areas of the Platform;
12. attempt to probe, scan, or test the vulnerability of the Platform or network or breach any security or authentication measures;
13. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TheUltimateHumanWellness.com to protect the Platform; or
14. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform or any feature or functionality thereof.
TheUltimateHumanWellness.com at all times has the right to investigate and may prosecute violations of any of the foregoing to the fullest extent of the Law. TheUltimateHumanWellness.com reserves the right, at any time and without prior notice, to remove or disable access to any materials that TheUltimateHumanWellness.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
A. General Intellectual Property Provisions
The Platform is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and TheUltimateHumanWellness.com Content, including all associated Intellectual Property Rights, are the exclusive property of TheUltimateHumanWellness.com and its licensors (hereinafter “TheUltimateHumanWellness.com Intellectual Property”). You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Collective Content. All trademarks, trade names, and source identifiers of TheUltimateHumanWellness.com used on or in connection with the Platform are trademarks or registered trademarks of TheUltimateHumanWellness.com. Trademarks, trade names, and any other source identifiers of third parties used on or in connection with the Platform are used for identification purposes only and may be the property of their respective owners.
Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance, to any User or any other person of any right, title or interest in or to any of TheUltimateHumanWellness.com Intellectual Property. No User or other person may use any of TheUltimateHumanWellness.com Intellectual Property without in each case first obtaining our prior written consent, which consent may be withheld in our sole and absolute discretion.
B. Non-Assertion
You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other Intellectual Property infringement claim with respect to the Platform.
C. TheUltimateHumanWellness.com License
TheUltimateHumanWellness.com grants Users a limited, non-exclusive, non-transferable right and license, to (i) access and use the Platform; (ii) access and view any TheUltimateHumanWellness.com Content solely for your use of the Platform and (iii) access and view any User Content to which you are permitted access, solely for your use of the Platform. You have no right to sublicense the license rights granted in this section. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to TheUltimateHumanWellness.com Intellectual Property, except for the licenses and rights expressly granted in these Terms.
D. User Content License
TheUltimateHumanWellness.com may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to TheUltimateHumanWellness.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101) from, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform. Except as set forth herein, TheUltimateHumanWellness.com does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. Notwithstanding the foregoing, all derivative works (as defined in 17 U.S.C. § 101) resulting from User Content that is created or authored by TheUltimateHumanWellness.com or otherwise associated with any subsequent research by TheUltimateHumanWellness.com or its affiliates or contractors, shall become the property of the Company.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to TheUltimateHumanWellness.com the rights in such User Content, as contemplated under these Terms.
E. Testimonials and Publicity Waiver and Release
The following section applies to you in the event that you choose to participate in providing, posting, or submitting any stories, testimonials, or other recitations relating to your use of any of the Services, any Products, or any other products or services, or advice provide by or though the Platform otherwise in connection with your relationship with TheUltimateHumanWellness.com. In exchange for the intangible value You will gain by participating in TheUltimateHumanWellness.com’s publications and publicity programs and other good and valuable consideration, the receipt and sufficiency of which You hereby acknowledge, You give us your permission for such use and publicity for such purposes, according to the terms and conditions set forth in this section.
You hereby irrevocably permit, authorize, grant, and license us and our affiliates, successors, and assigns, and our respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, your name, image, likeness, appearance, and testimonial and all materials created by or on behalf of is that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including, but not limited to, in and on magazines, brochures, books, pamphlets and other publications, digital or otherwise, and on the Internet and other digital transmission or delivery methods, on any platform and for any purpose, including but not limited to in correct with stories and narratives in publications, and advertising, public relations, publicity, packaging, and promotion of our and our affiliates businesses, products, and services, without further consent from or royalty, payment, or other compensation to you. In no event shall Materials constitute User Content but rather shall be deemed TheUltimateHumanWellness.com Content to the extent applicable herein.
We shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to us your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that You have no right to review or approve Materials before they are used by us, and that we have no liability to You for any editing or alteration of the Materials or for any distortion or other effects resulting from editing, alteration, or use of the Materials, or our presentation of You. Any credit or other acknowledgment of You, if any, shall be determined by us in our sole discretion. We have no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, You hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons' exercise of their rights under this section or the publication, production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of us or any other person, and You hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. You understand that we are relying on the foregoing and will incur significant expense in reliance on these terms and conditions, and You agree that the foregoing cannot be terminated, rescinded, or modified in whole or in part.
THIS AGREEMENT PROVIDES US WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING US TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE US.
F. Genetic and Self-Reported Information; Feedback
Any genetic data, self-reported data, or other wellness information you submit or that is generated for you via the Platform is provided for your personal, non-commercial use. We may use de-identified and aggregated information to maintain, secure, and improve the Platform and Services. We will not use your identifiable genetic information for advertising or marketing without your explicit consent.
G. Suggestions
If you provide any suggested improvement(s) to the Platform or any feature or functionality thereof (each a “Suggestion” and collectively “Suggestions”) to TheUltimateHumanWellness.com, you agree to and hereby do assign to TheUltimateHumanWellness.com, and we will own, all right, title and interest (including any Intellectual Property Rights) in and to any Suggestion even if the person making the Suggestion has designated the Suggestion as confidential or proprietary. TheUltimateHumanWellness.com shall be entitled to use and exploit any Suggestion without restriction.
H. Notice of Alleged Infringement
If you are an intellectual property owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged infringements taking place on or through the Platform by submitting a complete Notice of Alleged Infringement as described below and delivering it to TheUltimateHumanWellness.com. Upon receipt of the Notice as described below, TheUltimateHumanWellness.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from the Platform.
1. Provide your mailing address, telephone number, and, if available, email address.
2. Identify the intellectual property that you claim has been infringed by providing a comprehensive list of the items (works, trademarks, etc.) that you claim have been infringed. If your work is registered with the United States Patent and Trademark Office, United States Copyright Office, or other intellectual property office or jurisdiction, you must include copies of the registration certificates or information sufficient to confirm that such work is in in fact protected.
3. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
4. Provide your full legal name and electronically sign and affirm the following statement: “I hereby affirm that I have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law (e.g., as a fair use). I affirm that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the Intellectual Property or of an exclusive right under the Intellectual Property that is allegedly infringed.”
5. Deliver this Notice, with all items completed, to TheUltimateHumanWellness.com by email to Privacy@TheUltimateHumanWellness.com
The Platform may contain links to or otherwise interface or connect with third party websites or resources, such social media sites, and payment processors. You acknowledge and agree that TheUltimateHumanWellness.com is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources.
AFFILIATE MARKETING DISCLAIMER: In addition, in some instances and from time to time we may provide through the Platform links to certain third-party products and services and those links may be affiliate links. If you click on those links and chose to make a purchase from such a third party, we may in certain instances earn a small commission from that third party. The commission is paid to us by the third party, not from you and you will incur no additional cost.
Unless otherwise indicated in accordance with applicable law, links to such websites or resources do not imply any endorsement by TheUltimateHumanWellness.com or any individuals associated therewith of any third-party websites or resources or the content, products, or services available from such websites or resources. In any event (including where an endorsement or affiliate is disclosed), you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
LifeDNA, Inc., OptimallyMe, Ltd (UK), Healf (UK), Shopify, and other service providers act as our service providers from time to time. Our linking to or integration with these providers does not imply endorsement of third-party products/services beyond the Services we offer to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF ANY PRODUCTS OR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON, BY, OR THROUGH THE PLATFORM REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THEULTIMATEHUMANWELLNESS.COM NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS OR AFFILIATES, SHALL BE LIABLE TO ANY USER, ANY USER, ANY GUESTS OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR FOR ANY DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SYSTEM OR ANY SERVICE OR ANY PART THEREOF, (II) THE PROVISION OF OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY THEULTIMATEHUMANWELLNESS.COM SERVICE OR ANY OTHER SERVICE, (III) ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE, DATA, FILE, CONTENT, OR MATERIALS STORED ON, OBTAINED THROUGH, UPLOADED TO OR DOWNLOADED FROM THE SYSTEM OR ANY SERVICE, OR ANY DAMAGE TO OR CORRUPTION OR LOSS OF ANY OF THE FOREGOING, (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, (V) ANY ACCESS TO OR USE OF, OR ANY INABILITY TO ACCESS OR USE ANY CONTENT OR MATERIALS, (VI) THE USE OF ANY PRODUCTS.
IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY USER, USER OR GUEST OR OTHERWISE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY USER OR YOU (AS APPLICABLE) FOR AND WITH RESPECT TO THE PARTICULAR PRODUCTS OR SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree and must at all times indemnify, defend and hold TheUltimateHumanWellness.com and its third party suppliers or licensors, each of our and their business partners and each of our and their respective employees, officers, directors, managers and representatives (each an “Indemnitee” and collectively the “Indemnitees”), harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) any User or other person’s use of or access to the Platform in a manner not authorized by these Terms, or in violation of any applicable laws, (ii) Content including any claim involving infringement or misappropriation of third party rights or the use, development, design, manufacture, production, advertising, promotion or marketing of User Content, (iii) any breach by User or any other person of any term or condition of these Terms, including without limitation, any representation and warranty hereunder, or (iv) any act, omission or misconduct of User or any other person using or accessing the Platform.
We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing (subject to a conflicts assessment), and to settle such claim as you deem appropriate, provided that you (nor any Person acting on your behalf) may enter into any settlement without TheUltimateHumanWellness.com’s prior written consent (which may be conditioned or withheld in our sole and absolute discretion) and provided that we may, at any time, elect to take over control of the defense and settlement of any claim.
A. Agreement to Arbitrate
If you and The Ultimate Human Wellness, LLC are unable to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any related contract, including any question regarding their existence, validity, or termination (“Dispute”), either party may refer the Dispute to final and binding arbitration under the rules set out below.
B. Arbitration Rules and Seat
The arbitration shall be conducted in accordance with the Arbitration Rules of the London Court of International Arbitration (“LCIA Rules”), which are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London, England. The language of the arbitration shall be English.
C. Arbitrator and Procedure
The tribunal shall consist of a single arbitrator, to be agreed upon by the parties or, failing agreement, appointed by the LCIA. The arbitrator shall have experience in commercial and technology law.
D. Confidentiality
The existence and content of the arbitration, including all submissions and documents produced, shall be kept confidential and not disclosed to any third party, except as required by law or to enforce any award.
E. Interim Relief and Court Proceedings
Nothing in this clause shall prevent either party from seeking interim or injunctive relief from the courts of England and Wales at any time.
F. Governing Law
The arbitration and any award shall be governed by the laws of England and Wales.
G. Exclusion of Class Actions
You and The Ultimate Human Wellness, LLC agree that any arbitration shall be conducted only on an individual basis and not as a class, collective, or representative action.
H. Survival
This arbitration clause shall survive termination of these Terms.
A. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TheUltimateHumanWellness.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
B. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Miami-Dade County, Florida or a United States District Court, Southern District of Florida located in or otherwise having jurisdiction in Miami-Dade County, Florida for any actions for which the parties retain the right to seek monetary damages and injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in Section XIII (Dispute Resolution).
C. Severability
If any provision of these Terms, or the application of such provision, is held invalid by a court of competent jurisdiction, the remainder of these Terms, and the application of such provision to persons, entities, or circumstances other than those with respect to which it is held invalid, shall not be affected.
D. Waiver and Enforceability
The failure of TheUltimateHumanWellness.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
E. Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
F. Term and Termination
These Terms are effective upon your access and use of the Platform or of any User Feature, as amended by any modifications made by TheUltimateHumanWellness.com as outlined at the start of these Terms. You may discontinue your use of User Features at any time, for any reason. We may revoke your permission to access the Platform or any or all User Features, at any time, for any reason, with or without notice to you. We reserve the right to refuse access to the Platform or any User Feature to any User for any reason not prohibited by applicable Law. Either party may terminate the Terms for any reason upon written notice to the other party.
G. Survival
Sections I (Definitions), II (Acknowledgments and Disclaimers), IX (Intellectual Property and User License Agreement), XI (Limitation of Liability), XII (Indemnification), XIII (Dispute Resolution), and XIV (General Provisions) shall survive termination of these Terms.
H. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between TheUltimateHumanWellness.com and you regarding the Platform, any Services rendered via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheUltimateHumanWellness.com and you regarding the Platform.
I. Assignment
These Terms are neither assignable, transferrable nor delegable by you whether by operation of Law or otherwise. Any attempt by you to assign, transfer, or delegate any of these Terms, will be null and void and of no effect. TheUltimateHumanWellness.com may assign, transfer, or delegate these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the respective parties, their successors and permitted assigns.
J. UK-Only Genetic Services; No US Availability.
For the avoidance of doubt, genetic testing services are offered only to customers located in the United Kingdom unless we expressly state otherwise.
K. How to Contact Us
If you have any questions regarding these Terms or our privacy practices, you can contact us at:
The Ultimate Human Wellness, LLC
Attn: Devin Viscecchia
Address: 2669 S Bayshore Dr Unit 2101, Miami FL, USA, 33133
Email:
Our Data Protection Officer is RGDP LLP:
Attn: Andrew McCafferty
Address: Level 2, One Edinburgh Quay, 133 Foutainbridge, Edinburgh EH3 9QG
Email: www.rgdp.co.uk
