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Terms of Use

SoWell – Terms of Use

These Terms of Use (“TOU”) are an agreement between you and SoWell Services, Inc., a Delaware corporation (“SoWell”).  These are rules you agree to follow when using our website https://www.getsowell.com and/or any interactive mobile application that SoWell may develop from time to time (collectively, the “Site”), including when you view content on the Site.

These TOU also provide rules in connection with use of the Site solely as an IT platform facilitating  (i) your purchase of “The Weight Biology Kit,” lab test kit manufactured by [The Allied Group] (the “Test Kit”); (ii) processing of the lab tests from the Test Kit by US Specialty Lab®; and (iii)   your request for clinical advice from physicians associated with the ORDRS network of physicians licensed in all fifty states and the District of Columbia, excluding New York, Rhode Island and New Jersey, to review the test results from the Test Kit  (collectively, the “ORDRS Services”).  Please also familiarize yourself with our Privacy Policy before using the Site.  By accessing, browsing, and/or using the Site, you accept and agree to be bound by these TOU and the Privacy Policy (collectively, the “Terms and Conditions”).  If you do not agree to all of these Terms and Conditions, do not access or use the Site.

These TOU may change.  Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of SoWell and the Site will mean that you accept these changes.  You choose whether or not to use SoWell and the Site.  If you do not agree to all of these TOU, please do not use SoWell and the Site.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

Use of the Site and/or the ORDRS Services is available only to individuals who are at least 18 years old or who have the consent of a parent or other guardian.  Therefore, by using the Site and/or the ORDRS Services you represent and warrant that if you are an individual, you are at least 18 years old or have had a parent or other legal guardian review and accept these TOU.  These TOU are void wherever use of the Site is prohibited by law.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access.  You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site.  You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site.  We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

The Site and the information and content available through the Site are protected by copyright laws throughout the world.  Subject to these TOU, SoWell grants you a limited, non-transferrable, and revocable license to access and use the Site for your personal use.  Unless otherwise specified by SoWell in a separate license, your right to use any of the services available through the site is subject to these TOU and all rights are reserved by SoWell.  You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.

Your Relationship with SoWell

SoWell is a technology company that makes available to individuals who register as users of the Site  (“Users”) certain products and services  offered by third-party medical providers, laboratories or other vendors. With respect to the ORDR Services, including, without limitation, the Test Kit and the lab testing, SoWell acts solely as a technology platform to connect you with the products and services.

The information provided by SoWell is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment.  Any interaction between you and SoWell is not intended to create, nor does it create, any doctor-patient relationship.  Use of the Site is for information services only.  The Site and the ORDRS Services are designed to help support the health-related choices that you make.  These choices are yours and may require the advice of a health care provider.   The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication.  SoWell does not warrant the accuracy, completeness, or usefulness of any information obtained through the Site or in connection with the ORDRS Services.  Any reliance you place on such information is strictly at your own risk.  SoWell disclaims all liability and responsibility arising from any reliance placed on such information by you or anyone who may otherwise receive such information.  Furthermore, you should not interpret any information from the Site as recommending any specific treatment plan, product, or course of action.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 

The Site does not endorse any specific products or procedures that may be mentioned on the Site.  The information provided by the Site is meant to be considered by you and your health care provider.  Reliance on any information provided by the Site is solely at your own risk.

Use of ORDRS Services

By accepting these TOUs, you agree that your use of the ORDRS Services, if any, is subject to the following conditions:

  • SoWell makes no representations, warranties or covenants concerning the ORDRS Services, which are provided by parties unaffiliated with SoWell.
  • ORDRS Services are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease, or illness or otherwise constitute the practice of medicine;
  • ORDRS Services do not replace the existing primary care or other relationship you have with your primary healthcare provider;
  • ORDRS Services do not and will not prescribe or order any drugs or medication;
  • Any user of the ORDRS Services must be over the age of 18 years old or appropriate age of majority in their state of residence;
  • ORDRS Services are for the personal use of the Users of the Site only;
  • ORDRS Services are not a substitute for the care, medical advice, or treatment provided by your primary healthcare provider;
  • Any user of the ORDRS Services is voluntarily using the ORDRS Services without the undue influence of another party;
  • ORDRS Services provides information based strictly on Users test results of the Test Kits and such information does not constitute a treatment decision or the practice of medicine; and
  • You are solely responsible for forwarding test results to your primary care or personal physician and for initiating follow up with your primary healthcare provider for care, diagnosis, medical treatment, or to obtain an interpretation of any laboratory test results.

Use of Site and Account Security

You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any content produced on the Site without the express prior written permission of SoWell other than the limited reproduction of information on the site for your personal, non-commercial use.  The modification or use of the Site’s content for any other purpose is a violation of SoWell’s copyright and other proprietary rights and may subject you to civil or criminal penalties.  If you violate any of these TOU, your permission to access and use the Site’s content automatically terminates and you must destroy any copies you may have made of the Site’s content.  The site is for personal use and may not be used in connection with any commercial activities except those authorized by SoWell.

Certain parts of the Site are available only to Users who set up an account on the Site.  When you create an account, you may be asked to provide certain personal information.  You agree that all such information provided to SoWell is governed by these TOU.

If you choose, or are provided with, a username, password, or any other piece of information as part of the Site’s security procedures, you must treat such information as confidential, and you must not disclose it to any other party or entity.  You acknowledge that your account on the Site is personal to you and you agree not to provide any other person with access to the services provided through the Site using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password.  SoWell has the right to disable any account at any time in our sole discretion, including if SoWell believes that you have violated these TOU.

SoWell may rely on the authority of anyone accessing your account or using your login credentials and in no event and under no circumstances shall SoWell be held liable to you for any liability or damages arising out of (a) any compromise of the confidentiality of your account or password or (b) any authorized access to your account or use of your password.

SoWell may store, transmit, receive, and/or access your data arising from your use of the Site.

SoWell may terminate your use of the Site at any time and for any reason without notice.  You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed.  Except as otherwise provided, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.

User Content and Communication

You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Site (“User Content”).  SoWell reserves the right to remove or edit your User Content or any other content that we believe may be offensive. 

You automatically grant SoWell a perpetual, worldwide, royalty-free, irrevocable, and nonexclusive right and license to use, reproduce, modify, display, adapt, and publish your User Content to enable SoWell to operate the Site. 

Intellectual Property Rights

Content displayed on the Site may be owned by SoWell or provided through arrangement with other parties, including other Users of the Site or third party providers.  Unauthorized use of content on the Site may violate copyright, trademark, or other intellectual property laws.  You have no right in or to content on the Site, and you may not use such content except as permitted under these TOU. 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these TOU.  Additionally, you agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation;
  • In any way that infringes or violates any intellectual property rights or any other rights of any other party;
  • For the purposes of exploiting, harming, or attempting to exploit or harm minors in any manner;
  • To transmit, or procure the sending of, any advertising or promotional material without SoWell’s prior written consent;
  • To impersonate or attempt to impersonate SoWell, its employees, any other User of the Site, or any other person or entity;
  • To engage in conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or that restricts or inhibits anyone’s use or enjoyment of the Site, or which may otherwise expose SoWell or any other individual to liability;
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other Users’ use of the Site;
  • In an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any computer, server, or database connected with Site;
  • To reverse engineer or otherwise attempt to obtain the source code or underlying ideas or information related to the Site; or
  • To otherwise attempt to interfere with the proper working of the Site.

Third Party Products and Services

SoWell is not responsible for examining or evaluating any products, advice, or services offered by any third parties whose icons, products, advice, services, or links appear on or through the Site, including, without limitation, the ORDR Services.  This includes links contained in advertisements, including banner advertisements and sponsored links.  SoWell has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of such websites or resources.  If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  SoWell makes no representations, warranties, or conditions regarding the offerings of any third party.  You accept that the purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from a third party is solely between you and the third party.  You further accept that SoWell will not be a party to or be in any way responsible for monitoring any transaction between you and a third party. 

Personal Data

SoWell may collect information you provide when using the Site, including, but not limited to:

  • Personal identifying information and contact information;
  • Account registration information;
  • Demographic and geolocation data;
  • Computer, mobile device, and/or browser information (g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);
  • Usage activity concerning your interactions with the Site and/or third-party websites, networks, or applications accessed through the Site (g., viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);
  • Billing, payment, and shipping information.

If Users use their mobile devices to visit, access, or use the Site, then additional categories of information that we may collect include:

  • The name associated with the User’s mobile device;
  • The telephone number associated with the User’s mobile device;
  • The User’s geolocation;
  • With the User’s express written consent, information about third-party software applications on the User’s mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).

SoWell may also collect certain medical information, which may include, but is not limited to: 

  • Health and medical data that the User may submit, including information in any questionnaires or surveys the User completes;
  • Healthcare providers previously visited by the User and the dates of such visits;
  • Images or other data shared by the User.

How Information is Collected:

SoWell may collect information directly from Users (1) when they visit, access, or use the Site; (2) when they register with or subscribe to use the Site or any product or services available through the Site, including the ORDRS Services; (3) when they sign into the Site; (4) when they interact with the Site on any social media platforms; (5) when they allow the Site to access, upload, download, import, or export content found on or through, or to otherwise interact with, their computer or mobile device (or any other device they may use to visit, access, or use the Site) or online accounts with third-party websites, platforms, servers, or applications; or (6) when SoWell asks them for such information.  In addition, if Users or third parties send SoWell a comment, message, or other communication about Users or their activities on or through the Site, then SoWell may collect any personal or non-personal information provided therein.

 Finally, SoWell may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytic tools and services. 

Please be advised that if the User chooses to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site might not function properly.

 By visiting, accessing, or using the Site, the User acknowledges and agrees in each instance that the User is giving SoWell permission to monitor or otherwise track activities on the Site, and that SoWell may use the aforementioned technologies and/or tracking, data, aggregation, and data analysis technologies.  Notwithstanding the foregoing, SoWell does not permit third parties or third-party cookies to access any communications Users have with their healthcare providers or medical information that Users submit to their healthcare providers for diagnosis and treatment purposes.

Use of Information

In connection with the services provided by the Site, SoWell and its affiliates may use your information for a number of purposes, including, but not limited to:

  • Verifying your identity;
  • Confirming your location;
  • Administering your account;
  • Fulfilling your requests;
  • Processing your payments;
  • Facilitating use of the Site and or products or services offered through the Site;
  • Communicating with you through email or other forms of communication, including providing you with information regarding SoWell’s products and services and/or promotions regarding such products and services;
  • Providing you with customer support;
  • Improving the Site;
  • Analyzing traffic to and use of the Site;
  • Protecting or enforcing SoWell’s rights and properties and the rights and properties of others;
  • When required by applicable law, court order, or other governmental authority; and
  • In any other way SoWell believes in good faith is necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of SoWell, a User of the Site, or anyone else who may be harmed by such activities, or to further SoWell’s legitimate business interests).

 SoWell may de-identify information of Users of the Site and use, create, and sell such de-identified information for any business or other purposes not prohibited by applicable law.

Disclosure of Information

Subject to the limitations describe in SoWell’s Privacy Policy, which is a part of the Terms and Conditions, SoWell may disclose its Users’ information to third parties in connection with the provision of its products and services or as otherwise permitted or required by law.  SoWell may de-identify its Users’ information and disclose such de-identified information for any purpose not prohibited by applicable law.  

Data Retention

SoWell may retain its Users information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide it Users with products and services.  SoWell may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by SoWell or as required by law.

Disclaimers

Availability, price, and time-sensitive information appearing on the Site is subject to change.  SoWell is not responsible for any such changes and advises you to confirm all specific terms appearing on or through the Site before acting in reliance on such terms.

THE SERVICES AND CONTENT PROVIDED BY SOWELL THROUGH THE SITE, INCLUDING THE ORDRS SERVICES, ITS LICENSORS, AND SUPPLIERS, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSLBE PURSUANT TO APPLICABLE LAW, SOWELL (AND THE ORDRS SERVICES, ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  SOWELL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.  SOWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVCIES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity and Limitation of Liability

You agree to indemnify and hold SoWell (and its officers, directors, employees, agents, and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Site (including, without limitation, any decisions, actions, or omissions you make based on any content on the Site).

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOWELL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES PROVIDED BY THE SITE, EVEN IF SOWELL OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST SOWELL FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST SOWELL ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing Law, Venue, and Dispute Resolution

These Terms and Conditions will be governed by the laws of the State of New York, without regard to conflict-of-law principles.  Subject to the arbitration provision stated below, you agree that the resolution of any dispute or claim arising out of or related to these Terms and Conditions will be subject to the exclusive jurisdiction and venue in the state and federal courts in the State of New York, County of New York.

If you believe that you have a dispute or claim against SoWell arising out of your use of the Site or under these TOU, you agree to first discuss the matter informally with us for at least 30 days.  To do that, you must give us written notice, which will include your full name, contact information, the nature and basis giving rise to your dispute or claim, as well as your proposed resolution.

If we are unable to resolve your concerns informally within 30 days after SoWell receives your notice, you may commence an arbitration proceeding against SoWell, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL, AND LEAD OR PARTICIPATE IN A CLASS ACTION.  Any such arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect.  Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may no otherwise preside over any form of a multi-party or class proceeding.  You also agree that the award of an arbitrator will be final and binding.  You agree that SoWell may seek interim or preliminary relief from a court of competent jurisdiction in New York as necessary to protect its rights or property pending the completion of arbitration.

You must file a demand for arbitration with JAMS within one (1) year after the date your claim arose, or within the shortest time period permitted by applicable law.  Otherwise, your claim is waived.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or equitable relief at any time, from any court of competent jurisdiction.

Miscellaneous

If any provision of these TOU shall be deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.  The failure of either you or SoWell to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder.  This TOU is the entire agreement between you and SoWell relating to the subject matter herein.  You and SoWell agree there are no third party beneficiaries intended under these TOU.

These TOU may be subject to change.  If we make any changes, we will revise the “last modified” date at the bottom of this document.  We encourage you to review these TOU periodically.  Your continued use of SoWell constitutes your agreement to such changed TOU.

Last modified: December 30, 2020