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Last revised 9/23/23
"Biosum" refers to Biosum LLC., operating under the trade name Biosum, with its headquarters located at 7643 Gate Pkwy, Jacksonville, FL 32256
"Services" includes any services provided by Biosum, including but not limited to DXA Body composition scans, Metabolic testing services, including RMR and v02MAX among other health diagnostic services. Biosum services may also include, but not be restricted to, textual content, visuals, illustrations, and other materials and information related to the fulfillment of the Services.
"Site" includes our website, digital platforms, mobile applications, and social media channels.
"Personal Information" encompasses information that can uniquely identify you, whether independently or in conjunction with other data. Biosum collects and retains the following categories of Personal Information
This Privacy Notice serves to explain how we collect, utilize, and safeguard personal data across our website, digital platforms, mobile applications, social media channels, (collectively, “Site” or “Sites”), and also our body composition scans, nutrition consultations, metabolic tests and other services (collectively, "Service" or "Services").
Within the scope of this Privacy Policy, "Personal Information" pertains to data that directly identifies individuals, such as names, addresses, email addresses, and phone numbers, alongside any other confidential information linked to their identity. Conversely, "Anonymized" encompasses data that cannot be utilized to discern an individual's identity.
It is essential to note that our Platforms exclusively cater to users within the United States. For individuals accessing our Platforms from outside the United States, please be advised that your information may traverse international boundaries, subjecting it to differing data protection regulations.
By engaging with our Platforms, you implicitly consent to the transfer, processing, and storage of your information as articulated within this Notice.
These Terms of Service ("Terms") govern your access to and use of the Biosum Website ("Site") and use of any Services performed by Biosum. The information provided on the Site is intended for your information, subject to these Terms. Except where stated herein these Terms of Service (“TOS) apply to any use of Biosum’s Services, including but not limited to, 1) conducting a DXA scan, or any alternative body composition scan, creating a Biosum user account without utilizing a Biosum DXA scan or a specific Biosum Service. To utilize any Biosum service you must consent to the TOS. Failure to accept the TOS causes you to be ineligible to use any Service provided by Biosum. You can accept the TOS by clicking agree when presented with the option to do so, or by directly using the Services. In which case you acknowledge and agree that Biosum will deem your utilization of the Services as an acceptance of the TOS henceforth. Moreover, while utilizing specific Biosum Services, you are bound by any pertinent guidelines or regulations for said Services that may be published periodically. All such guidelines or regulations are hereby integrated by reference into the TOS. Additionally, Biosum may periodically provide additional services governed by separate terms of use.
By accessing or using the Site, you affirm that you are at least (18) years old and agree to these Terms in their entirety. If you do not agree to these Terms, you are not permitted to access or use the Site. Your access to and use of the Site signifies your acceptance of these Terms and your representation that you are (18) years of age or older.
Your eligibility to utilize the Services and consent to the TOS is contingent upon the following conditions: (1) You possess the legal capacity to enter into a binding agreement with Biosum, and (2) You are not prohibited by the laws of your jurisdiction of residence or usage from accessing the Services.
a. Your eligibility to utilize the Services and consent to the TOS is contingent upon the following conditions: (1) You possess the legal capacity to enter into a binding agreement with Biosum, and (2) You are not prohibited by the laws of your jurisdiction of residence or usage from accessing the Services.
b. If you contribute or furnish your own Health Data, you must be at least eighteen (18) years old to accept these TOS on your behalf or on behalf of individuals for whom you possess legal authorization to consent.
The Services include access to Biosum wellness evaluation services, encompassing the gathering and evaluation of your body composition and additional health indicators, along with supplementary health assessments such as resting metabolic heart rate evaluations, V02 MAX evaluations, and advisory support, including but not limited to nutrition coaching and exercise guidance. Unless explicitly stated otherwise, each feature augmenting or enriching the current Offerings shall be governed by the TOS. You recognize and consent that the Services are provided "AS-IS" and are based on the current technology employed by Biosum at the time the Service is performed.
Biosum is continuously evolving to furnish an excellent and fun user experience. You acknowledge and consent that the format and essence of the Services provided by Biosum may alter periodically without prior notification to you. As part of this ongoing evolution, you acknowledge and consent that Biosum may cease (either permanently or temporarily) providing certain Services (or any attributes within any Service) to you or users in general, at the sole discretion of Biosum, without prior notification. You retain the right to discontinue utilizing the Services at any time. You are not obligated to explicitly notify Biosum when ceasing usage of the Services unless requesting closure of your account. Biosum bears no responsibility for the utilization of Services beyond the parameters of this TOS or other relevant terms.
To utilize any Service, you must remit any associated service charges. You are exclusively accountable for paying such charges.
The Site includes biosum.com, its associated subdomains, associated digital platforms, mobile applications, and social media channels. Biosum uses the Site to provide resources and information for visitors and clients to find, engage, and purchase Biosum's Services.
Review our Privacy Policy for information about how we collect, store, use, or disclose your personal information. The following privacy policy is a part of these Terms of Service. http://biosum.com/privacy
By utilizing Biosum's Services, you agree and acknowledge the following:
You agree that any information you obtain from Biosum is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You agree that Biosum services are intended for research, informational, and educational purposes only.
You represent that you are at least (18) years of age.
You assume accountability for all potential outcomes arising from sharing access to your Health Data and Biological Data with others.
You are aware that all Personal Information obtained by Biosum will be stored and handled under Biosum's Privacy Policy.
By utilizing the Services, you affirm that you possess the legal authority, as per the laws of your state or jurisdiction of residence, to make these representations. In the event of a breach of any of these representations, Biosum reserves the right to terminate your account and decline any present or future usage of the Services (or any part thereof). Furthermore, you agree to defend and indemnify Biosum against any liability, expenses, or damages arising from the breach of the representation
In exchange for utilizing the Services, you consent to furnish genuine, precise, up-to-date, and comprehensive Contact Information about yourself as prompted by the Site and Service, and uphold and promptly revise the Contact Information to ensure its authenticity, accuracy, currency, and completeness. Should you provide any Contact Information that is false, inaccurate, outdated, or incomplete, or if Biosum has reasonable grounds to suspect the inaccuracy, Biosum reserves the right to terminate your account and decline any present or future usage of the Service.
Upon purchasing any Service from Biosum, you will be required to establish a password and create an account. It is your responsibility to uphold the confidentiality of your password, and you bear full responsibility for all actions undertaken under your password or account. Should you permit third parties to access Biosum's website using your username and password, you agree to defend and indemnify Biosum and its affiliates against any claims, expenses, or damages, including legal fees, resulting from or related to such access and usage by third parties. You also agree to promptly inform Biosum of any unauthorized use of your password or account, or any other security breach, and also ensure that you log out of your account after each session. Failure to adhere to these provisions absolves Biosum of any liability for losses or damages incurred as a result of your non-compliance with this Section.
To use Biosum's Services, you must accept the Privacy Policy. Individual-level Biological Data and/or Health Data will not be disclosed without explicit consent unless required by law. Biosum may monitor system usage and disclose Personal Information to law enforcement if necessary. You acknowledge the technical processing of your information and understand that Biosum may restrict website access at its discretion.
You understand that all User-Generated Content, whether publicly shared or privately transmitted, is the sole responsibility of the individual originating that content. Consequently, you, and not Biosum, bear full responsibility for all User-Generated Content uploaded, posted, emailed, or otherwise transmitted via the Service.
You acknowledge that the content provided to you as part of the Services, whether original Biosum Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights owned by Biosum, the sponsors providing the content to Biosum, or other individuals or entities acting on their behalf. You are prohibited from modifying, renting, leasing, loaning, selling, distributing, or creating derivative works based on the Services content (either in whole or in part) unless explicitly authorized to do so by Biosum or the content owners through a separate agreement.
Biosum grants you a Limited License to copy and distribute, free of charge and for non-commercial purposes only, any of the Services content, excluding individual Biological Data and Self-Reported Data that does not belong to you, and any other content marked as not subject to this Limited License on the website. However, you must adhere to the following conditions: (i) present the Services content exactly as it appears on the Biosum website without any alterations that might misrepresent its substance; (ii) include the specified attribution on the first page of any distributed materials; and (iii) agree not to grant anyone else further rights regarding this Services content. Apart from the Limited License outlined in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services content (either in whole or in part) unless explicitly permitted to do so by Biosum or the content owners through a separate agreement.
You warrant to Biosum that you will not use any Services for a purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:
By utilizing the Services, you warrant to Biosum that you will refrain from utilizing the Services for any unlawful or prohibited purpose as outlined in these terms, conditions, or notices. Moreover, you agree not to use the Services for:
You agree that you are solely responsible for any breaches of your obligations under the TOS and their consequences. If you breach any agreement, Biosum may suspend or terminate your account and deny access to the Site and Services. Additionally, you must defend and indemnify Biosum and its affiliates for any resulting liability, costs, or damages. If Biosum suspects a violation, it reserves the right to suspend or terminate your account and refuse future Service use.
You agree to indemnify and hold harmless Biosum, its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors and assigns against any claims, including reasonable legal fees, brought by third parties due to your User Content submission, Service use, connection to the Service, violation of the TOS, or infringement of another's rights.
If you've utilized Biosum's services for Biological Data, you'll defend and indemnify Biosum, its employees, contractors, successors, and assigns against liability arising from the use or disclosure of information derived from analyzing your Biological Data. This includes information disclosed to you per our Privacy Statement or arising from third-party add-ons to our tools. Furthermore, if you share your Biological Data with third parties, you agree to protect and indemnify Biosum against any liability stemming from such disclosure or use.
Biosum may at its discretion and without prior notice amend or terminate any Services, either temporarily or permanently, in whole or in part. You explicitly acknowledge and accept that such modifications may lead to delays in Service availability and Biosum bears no responsibility towards any part for interruptions, alterations, or terminations of its Services.
The Terms of Service (TOS) will remain in effect until terminated by either you or Biosum as outlined in this section.
If you wish to end your legal agreement with Biosum, you can do so by informing Biosum in writing, resulting in the closure of your accounts for all Services utilized. Your written notice should be directed to Biosum's address provided at the beginning of the TOS, or electronically via email to support@biosum.com
Biosum reserves the right to terminate its legal agreement with you if you violate any provision of this TOS, or demonstrate an inability to comply with the terms of this TOS, or if Biosum is legally obligated to do so.
Upon the termination of the Terms of Service (TOS), all legal rights, obligations, and liabilities between You and Biosum remain unaffected. Specific sections of the TOS, including definitions, acceptance of terms, privacy statement, termination, survival of terms, disclaimer of warranties, limitation of liability, notice, violation of TOS, and miscellaneous provisions, continue to apply indefinitely to safeguard both parties' interests.
The Site may include links to external websites and resources, which may be provided by third parties. Biosum disclaims responsibility for the availability, content, or reliability of these external sites and resources. Users acknowledge that Biosum does not endorse or assume liability for any content, advertising, products, or materials found on these linked sites. Furthermore, Biosum is not liable for any damages or losses resulting from the use of or reliance on such content, goods, or services obtained through these hyperlinked sites or resources.
You recognize and agree that Biosum (or its licensors, successors, or assigns) holds all legal rights, titles, and interests in the Site and Services, including intellectual property rights. This encompasses patents and other intellectual property, whether registered or not, worldwide. You also acknowledge that the Site and Services may contain confidential information from Biosum, which you agree not to disclose without prior written consent.
You acknowledge that the Site and Services and any associated Software contain confidential information protected by intellectual property laws. Content provided through the Services or sponsors is also safeguarded by copyright and trademark laws. Users agree not to modify, distribute, reverse engineer, or extract source code without authorization.
Biosum, its brand, and image along with all associated logos and names of products and services, are registered trademarks owned by Biosum. These trademarks, alongside any other trade names, service marks, logos, domain names, and distinct brand features, are the collective property of Biosum. Unless explicitly permitted in writing by Biosum, the Terms of Service (TOS) do not grant you the right to utilize any intellectual property of Biosum.
Additionally, you agree not to tamper with or obscure any proprietary rights notices, including copyright and trademark notices.
Biosum hereby disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by Applicable Laws. Furthermore, Biosum makes no warranties that the information received from our Site or Services will be timely, uninterrupted, or error-free.
Biosum makes no guarantee that the Services will meet your requirements or the Services will meet your expectations, nor that any errors in the Service will be rectified. The Biological Data obtained from the results is not guaranteed to be accurate or reliable.
Subject to the constraints permitted by applicable laws, you explicitly acknowledge and consent that Biosum shall bear no responsibility for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, losses of profits, goodwill, use, data, or other intangible losses arising from, the utilization or inability to utilize the Services, any actions you undertake based on the information received through or from the Services, your failure to maintain the security and confidentiality of your password or account details, expenses incurred for the procurement of substitute services.
We reserve the right to update these Terms periodically by posting updates here. Your continued use of the Site following any updates indicates your acceptance of the changes.
This agreement represents the entire agreement between you and Biosum concerning the usage of the Site and Services. Our failure to exercise or uphold any right or provision within these Terms does not relinquish that right or provision.
You consent that irrespective of any opposing statute or law, any claim or cause of action arising from or associated with the use of the Services or the TOS must be submitted within one (1) year from the occurrence of such claim or cause of action, or else be permanently barred.
If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
We reserve the right to revise, modify, or supplement this TOS without notice, effective immediately by posting updates at https://biosum.com/terms
We retain the right to transfer or delegate all rights and obligations under this TOS, either in full or in part, without prior notice to you. Additionally, we reserve the right to replace, through unilateral novation, Biosum with any third party that assumes our rights and obligations under this Agreement, effective upon providing notice to you.
Disputes with Biosum shall be governed by Florida law regardless of your geographic location. Any disputes shall be resolved by final and binding arbitration administered by a written decision stating legal reasoning issued by the arbitrator(s).
If there are any questions concerning the TOS you may contact us using the information below.
Email: support@biosum.com
