Patient Informed Consent for Genetic Testing

The accuracy of the genetic testing and reporting methods have been determined and verified to meet required regulatory performance standards by Pathway Genomics Corporation (“Pathway Genomics”), a licensed and CLIA (U.S. government) accredited laboratory.

I understand the following information regarding the general purpose, meaning and benefits of testing.

  • I understand my specimen is being tested for genetic The results of this testing can provide information that may help my health care professional and me learn more about how my genes affect carrier status, responses to some medications, health factors and conditions, and diet, nutrition, and/or exercise, or learn more about my ancient ancestry, depending upon the specific genetic testing that is ordered by the health care professional on the Pathway Genomics’ requisition form.
  • The information that can be learned from this testing may help me work with a health care professional to make changes to my medical care, mental health treatment or health I understand that I should not make any such changes without consulting a qualified health care professional.

I understand the general risks and limitations of testing:

  • Genes are one of many things that may contribute to health outcomes and development of certain medical conditions. Many other factors, such as environmental factors, diet, personal and family medical history and lifestyle choices, also contribute to health status and
  • This testing may not provide informative results for other reasons, such as: (1) non-genetic factors; (2) individual genetic variation; (3) insufficient scientific information about the relationship between genetic information and health outcomes; and (4) various laboratory and non-laboratory technical
  • Saliva specimens are generally used for For some carrier status tests, a blood specimen may be necessary. Side effects of having blood drawn are uncommon, but may include dizziness, fainting, soreness, pain, bleeding, bruising, and, rarely, infection.
  • Other risks that may be experienced as a result of this testing include: related emotional issues, impact on life-changing decisions, potential genetic discrimination (e.g., in employment and insurance areas) and loss of The testing results and information may become part of my permanent medical record and may be available to individuals and organizations with legal access to such records.
  • Genetic testing should not be used as a substitute for treating and diagnosing conditions, or the provision of health care services by a physician or other health care
I understand that if testing results are inconclusive that I may be asked for an additional specimen(s). This Consent is effective for any such additional specimen(s).

I understand I may discuss alternatives to undergoing genetic testing, such as regular laboratory testing and physical examination, with a health care professional or a genetic counselor.

I understand the importance of discussing the purpose, meaning, benefits, risks and limitations of this testing, as well as any alternatives, with a genetic counselor or other qualified health care professional and of having my pre-testing questions answered.

If a minor will be tested, I understand the following: While genetic report information may be similar for adults and minors, the consequences of genetic testing of minors are relatively new and less understood. The National Society of Genetic Counselors recommends that the social and psychological risks and benefits of early identification of genetic issues from the perspective of the minor and parent/guardian be carefully considered and include genetic counseling when discussing adult-onset disorders.

Informed Consent Acknowledgement

I understand that this testing is voluntary and freely consent to this testing. My signature below acknowledges that:
  • I understand written English sufficiently well enough, have read and understood the front and back of this consent, all of my questions have been answered to my satisfaction, and agree to have the testing
  • I have reached 18 years of age or older AND/OR otherwise have the legal authority to provide this Consent and authorization for genetic testing, under all applicable
  • I understand Pathway Genomics may use my DNA and clinical information in medical research studies and for publication, if appropriate, unless I opt-out by initialing I understand that my name or other personally identifiable information will not be used in or linked by Pathway Genomics to the results of any studies and publications.
Email customerservice@vivaliti.com if you opt to indicate the following:  I do NOT consent to the use of my DNA extracted from my original specimen and clinical information for anonymized medical research purposes. I understand this is deemed useful by Pathway and explained on the other side of this consent. By checking acceptance of terms and conditions you will have accepted and acknowledged consent on the Date of purchase

I understand the following information about confidentiality and disclosure of my personal information:

  • My personal information and test results are While there can be no guarantee of privacy, Pathway Genomics has established reasonable safeguards to protect it. This information and the test results will be released to the ordering health care professional who may release the testing results to me and anyone else I may authorize. This information and the results may also be disclosed if required by law, such as in response to a subpoena
  • I understand that if I share this information or these test results with anyone, I am responsible for any compromise of confidentiality that may result from such
  • The original specimen(s) may be securely stored for sixty (60) days from the date of collection and any remaining isolated DNA may be securely stored in accordance with applicable laws, regulations and After such storage, the specimen(s) and the isolated DNA will be properly destroyed in accordance with applicable laws and regulations and the testing laboratory’s standard operating procedures.
I understand the following regarding specimens for Medical Research Purposes: I authorize that my DNA extracted from my original specimen may be retained up to 10 years by Pathway Genomics as deemed useful for medical research purposes to develop new genetic tests. I understand that to protect my identity: a unique identifier will be assigned to my specimen; all resulting research data will be recorded, handled and stored using this unique identifier; my name will be unavailable to any member of the research team; and my identity will not be released or disclosed to others outside of Pathway Genomics. No compensation will be given me nor will I be owed any funds due to any inventions(s) resulting from research and development using my specimen(s). I may refuse to submit my specimen for use in this way and this will not affect my results. Unless I indicate on the front that I do not consent to anonymous medical research, I understand that my specimen(s) may be used in this manner. I understand I may withdraw my consent: Under CLIA regulations, Pathway Genomics cannot destroy medical records. However, at my written request and according to my instructions, Pathway Genomics can: a) destroy my DNA specimen(s) at the next regularly scheduled destruction cycle; b) delete my account; and c) move all medical information, including results report(s), into a secure, offline storage area with limited access. This means my account and results report(s) will not be searchable in Pathway Genomics systems by regular means and I and my health care professional will not be able to obtain a copy of your account information and results report(s) from Pathway Genomics. A request to withdraw my consent may be made to Pathway Genomics’ Client Services (see phone number under “Questions” below). California residents only: I understand I have a right to receive a copy of the Experimental Subject’s Bill of Rights from my ordering health care professional.  

Website Terms of Use

Last Modified: January 27, 2017 Acceptance of the Terms of Use Welcome to the website of Vivaliti DNA, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.vivaliti.com, including any content, functionality and services offered on or through www.vivaliti.com (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter; however, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  If you sign up for a membership with us, certain sections of these Terms of Use will remain in effect even after your membership is terminated. Accessing the Website and Account Security We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Medical and Non-Medical Products and Services Purchasing the Vivaliti DNA kit establishes a relationship between the purchaser and Pathway Labs through the acceptance of the aforementioned consent.  Any and all medical testing and services are provided by Pathway Labs directly to the benefit of the purchaser.  Vivaliti DNA will provide any and all medical reports to the purchaser on behalf of Pathway Labs without altering or representing them as being created, supported or managed by Vivaliti DNA.  Vivaliti DNA is a non-medical company providing health coaching services and dietary supplements.  Any recommendations made by a representative of Vivaliti DNA or documented in the Vivaliti DNA blueprint for optimal health is to be considered non-medical and not designed to treat, cure, diagnose, or prevent disease.  Vivaliti DNA does not replace the medical professional who helps to manage the purchaser’s care nor does it assume any responsibility for the purchaser’s decision to follow any component of the Vivaliti DNA blueprint for optimal health.  Before starting any health, wellness or fitness plan the purchaser is advised to contact a licensed medical professional to conduct a comprehensive review of the purchaser’s health status in conjunction with the recommended blueprint for optimal health provided by Vivaliti DNA. Intellectual Property Rights The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  • If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customerservice@vivaliti.com
  • If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademark The Company name, the terms Vivaliti, Vivaliti DNA, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
User Contributions The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement If you believe that any User Contributions violate your copyright, please inform us at your earliest convenience. It is the policy of the Company to terminate the user accounts of repeat infringers. Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Linking to the Website and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Geographic Restrictions The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Supply Chain Disclosure The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “Transparency in Supply Chain Act of 2010”. http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0651-0700/sb_657_bill_20100930_chaptered.html Most nutritional supplements sold by us are manufactured in the U.S., in accordance with applicable U.S. labor laws. Some ingredients are sourced from foreign countries but U.S. manufacturers are required (per Good Manufacturing Practices outlined at 21 C.F.R. 111.260) to test ingredients for purity prior to use in nutritional supplements. We are committed to conducting business in compliance with applicable law. We exhibit and promote the highest standards of honest and ethical conduct in our dealings. Our employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers and business partners play in helping us fulfill our commitment to ethical and responsible retailing We are a retailer not a manufacturer, and we are not aware of any unethical or illegal labor practices in connection with any ingredient sourced outside the U.S. We do not audit and assess each product manufacturer’s sourcing practice. We are aware of the importance of ethical sourcing, and if we identify a product manufacturer who does not meet our expectations (including avoiding ingredients manufactured with trafficked labor), we will work with them to take corrective action or discontinue selling products manufactured by them. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement These Terms of Use constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Your Comments and Concerns This website is operated by Vivaliti DNA, LLC 2801 S MacDill Ave Tampa, FL 33629. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customerservice@vivaliti.com Thank you for visiting the Website.    
WordPress Theme built by Shufflehound. Copyright: Vivaliti DNA, LLC | All Rights Reserved. | Photographs used on this site are not actual Vivaliti DNA customers unless otherwise noted. | As with any weight loss program, results cannot be guaranteed and your individual results will vary. Read More... | Special offers: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment, or be reimbursed for payment for any other service, examination, or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee, or reduced fee service, examination or treatment. | Regarding supplements: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.