Thank you for visiting GEMCORE (“We”, “Us”, “Company”, “GEMCORE”). These Terms and Conditions, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services or other related services provided or operated by GEMCORE (collectively, the “services”), including but not limited to any content and functionality offered through the Services, and any Informed Consent form executed by you in connection with the Services. (“Terms of use” or “Agreement”).

During the term of this Agreement, GEMCORE grants you a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any documentation made available to you by GEMCORE solely for purposes of your personal use of the Services. The Services are limited to users in the United States and over at least 18 years or older. The Services are enabled by technology, software and certain content delivered electronically.

The Services have been designed by GEMCORE with the purpose of assisting people achieve their health goals through healthy life style choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good health to begin these Services, which may include changes to your diet or level of physical activity, among other things. The Services requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and GemCare Wellness cannot guarantee that you will achieve your health goals.

Health Information Disclaimer. The material that appears on the Website is provided for educational purposes only. The information, statements, products and services are not intended to be used for the diagnosis, treatment, or prevention of a health problem/disease or as a substitute for individualized care from a physician or other appropriately qualified health care provider. Use of information and recommendations on the website, our newsletter, or through a related program or service, are at the discretion of the user and should be reviewed with your health care providers when necessary.

Content. GEMCORE makes every effort to present material, recommend products and services and provide nutrition and health recommendations based on reliable sources and evidence-based practices but will not be held responsible for misuse of information or any adverse effects from the use of recommendations provided from the Website, newsletter, or through a related program or service.

Confidentiality. We will use and protect your personal information pursuant to the terms set forth in our Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials and content provided in connection with the Services) for any purpose with the Company’s consent.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Registration. You are required to register for the Services and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

You will receive a user account for our personal use that requires a username and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify the Company promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Services.

Limitation of Liability. Except where prohibited by law, in no event will the company or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the services, including but not limited to reliance by you on any information obtained from the services.

Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services.

Entire Agreement. These Terms and Conditions and Privacy Policy, together with any Informed Consent you provide in connection with the Services, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Except as provided herein, any attempt to modify or supplement these this Agreement shall be void unless agreed to in writing and signed by both parties.

This Agreement shall be governed by and construed according to the laws of the State of Ohio, without giving effect to conflict of law principles. Any provision of this Agreement found to be invalid by a court having competent jurisdiction shall not affect the validity of the remaining provisions of this Agreement. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver of such term or condition or any other term or condition.

GEMCORE may from time to time revise these Terms and Conditions of Use without notice. You should occasionally review this page, so you are aware of any such revisions. If you fail to comply with the Terms and Conditions, we reserve the right to terminate your account and/or access to the Website.

If you have questions regarding any of the Terms and Conditions of Use and/or the practices of the Website, please contact marketing@gemcorehealth.com

Revised 9/20/2018