User Agreement

FUELARY USER AGREEMENT AND TERMS OF USE

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CHECKING THE BOX.

By checking the box, you are indicating that you have read and understand this User Agreement (this “Agreement“) on the “Create Your Account” web page, and are agreeing to the following terms as an agreement between you as a subscriber of the online services of Fuelary, LLC. (“Fuelary“) and Fuelary, and your checking the box is your indication that you assent to be bound by this Agreement.

Fuelary is a mobile and web based personalized health education platform that facilitates blood testing, analysis of blood test reports and science based supplement, diet and/or lifestyle recommendations based on blood testing results. Fuelary is not intended to diagnose, treat or cure illness nor is it intended to replace a consumer’s relationship with their doctor. These terms and conditions apply to any use of Fuelary, including web, mobile, print and any other form it may be presented.

Fuelary contains the following opportunities for consumers to interact:

  1. Presentation of and the ability to order Fuelary’s blood testing panels
  2. The ability to upload pre-existing blood testing results,
  3. The ability to create a custom designed blood testing panel,
  4. An algorithm based analysis of an individuals’ blood testing biomarkers, from which a report is generated and viewed by a user,
  5. Personalized supplement, diet and/or lifestyle recommendations based on the algorithm-based analysis and report.

Fuelary Procedures:

  1. In order to participate in Fuelary’s mobile and web based platforms, Fuelary will collect information from all participants, including general contact information, age, general health information, included but not limited to sport and exercise routine, diet and supplement regimen, sleeping and lifestyle habits.
  2. All blood tests will be ordered through Fuelary’s by a physician
  3. Upon registration and submission of the above information Fuelary will direct those customers ordering a Fuelary blood testing panel and/or a custom designed blood testing panel to one of the 2,000 Quest Diagnostics locations in order to obtain a blood draw.
  4. Customers may also choose request for a phlebotomist to draw their blood in the privacy of their home or residence.
  5. Each blood testing panel ordered by a Fuelary customer will require a blood draw which will result in a small amount of blood taken with a syringe and needle by a licensed phlebotomist.
  6. The blood drawn for each Fuelary blood-testing panel will be electronically sent to Fuelary from Quest Diagnostics and uploaded into a program called Blood Chem Software, which is an algorithm based computer software program designed to analyze across multiple biomarkers (micronutrients and metabolites) evident in the blood test results. All pre-existing blood test results uploaded by Fuelary customers will also be analyzed via the Blood Chem Software program as well.
  7. The Blood Chem Software program will create an electronic report that provides an analysis and overview of the Fuelary customer’s blood profile. This report will also include supplement, diet and/or lifestyle suggestions.
  8. The electronic Fuelary report, including the supplement, diet and lifestyle suggestions, will be securely uploaded electronically. The Fuelary customer will receive an email with a secure link to view and access their report.
  9. If a Fuelary customer desires to discuss their blood test results and/or report with a doctor they will have the option to consult a doctor on staff at Fuelary.
  10. If there are any potential medical problems requiring immediate attention the Fuelary custom will be notified and advised to contact their doctor.

Voluntary Participation and Right to Refuse

The use of Fuelary products and services is entirely voluntary and it is the user’s choice whether or not to participate. If for any reason a user or customer believes that their use is anything other than voluntary they should terminate all use.

No person is required to interact with or purchase any product or service from Fuelary if they do not wish to and may choose to stop their participation at any time. Fuelary will acknowledge and respect all persons’ choice regarding their participation.

Costs and Benefits

Fuelary customers are paying for Fuelary products and/or services with their personal funds and will not be reimbursed or paid by any third party payers for these costs. Fuelary will not submit any information provided by any Fuelary customer for reimbursement or payment from any insurance carrier, Medicare, Medicaid or any other third party payer.

Fuelary customers may experience benefits, including but not limited to improved fitness, athletic performance, body composition, nutrition and/or wellbeing as a result of products and services obtained through Fuelary.

Refunds:

Fuelary will not offer any refunds once a blood sample has been collected, an analysis has been performed or a report has been generated. Blood tests obtained through Fuelary are valid for one year (12 months) after purchase.

Use of Information and Confidentiality

All and any information collected as part of interacting with the Fuelary site, products and/or services will be kept confidential and will only be identified by an anonymous number. Information about Fuelary customers that is collected will be secure and only Fuelary staff and/or authorized partners will have access to it. No information will be shared without the Fuelary customer’s written consent.

Fuelary customers understand that Fuelary is not a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA“). However, Testing Laboratories are considered “covered entities” that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, any health information provided to Fuelary by Testing Laboratories is subject to or protected by HIPAA.

 

All Fuelary customers must agree to and provide a separate HIPAA AUTHORIZATION available at https://fuelary.com/hippa-authorization/before accessing or participating in any Fuelary products or services. Any and all Testing Laboratories as well as any and all doctors or physicians, including those associated with Fuelary, may require the execution of additional documents authorizing the disclosure of information from Fuelary customers. Fuelary may use the information that Fuelary customers provide as discussed in this agreement and in the HIPAA Authorization.

 

Additional Scope

Fuelary may incorporate different or additional technologies to collect or test data at any point in the future. Fuelary may also choose to re-process a Fuelary customer’s blood sample using any such different or additional technology at Fuelary’s sole discretion. Any purchase on Fuelary does not necessarily include such different or additional technology, and Fuelary reserves the right to charge additional fees prior to processing a Fuelary customer’s sample using any such different or additional technology. A Fuelary customer may also need to submit a blood or other biological sample for processing on such different or additional technology.

Any Fuelary customer that is a resident of New York, New Jersey or Rhode Island can only utilize Fuelary’s option to upload pre-existing blood results for analysis and may not order any blood testing panels offered through Fuelary.

Medical Advice

The information that Fuelary provides is for the sole purpose of improving athletic performance and personal wellness and is in no way intended to diagnose, treat or provide medical advice.

Information provided by Fuelary is not intended to be a specific treatment plan or course of action. No Fuelary interactions are designed to create, nor do they create, a doctor-patient relationship. All Fuelary customers should always consult their physical or qualified health provider before starting or stopping any new treatment or plan that has been prescribed by a physician or qualified health provider. If any Fuelary customer has a medical or psychiatric condition they should consult their physician or qualified health provider first, regardless of any information provided by or contained within Fuelary. Likewise, if any Fuelary customer has any questions relating to a medical or psychiatric condition they should consult their physician or qualified health provider for more information regardless of any information provided by or contained within Fuelary.

ALWAYS CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

 

Associated Risks:

Risks and discomforts associated with blood testing are very low, however a small percentage of people may experience fainting or light-headedness, hematoma (blood accumulating under the skin), excessive bleeding or infection (a slight risk whenever the skin is broken). The possibility of these events occurring is very low.

Drawing blood from the arm can be uncomfortable as a result of bruising or soreness, which in some cases can last for multiple days. In rare instances an infection can result. If any Fuelary customer feels any uncomfortable symptoms during a blood draw they must tell the phlebotomist or whoever performing the blood draw immediately. If any Fuelary customer is concerned about any abnormal, painful or uncomfortable feelings they are experiencing after a blood draw they should consult their doctor.

It is possible that a Fuelary customer may have a disease or condition even though their test results are within the normal range. Likewise, it is possible that a Fuelary customer may have test results outside the normal range, but not result in any disease or condition. However, if a Fuelary customer consults their doctor or a Fuelary staff doctor on their values that are outside the normal range they may be recommended to consult further testing, which will result in additional costs associated with testing and consultation.

All supplement, diet and lifestyle recommendations provided to Fuelary customers are based on their blood testing results. However, in agreeing to Fuelary terms and conditions Fuelary customers agree that following Fuelary’s supplement, diet and lifestyle recommendations are done so at their own risk and it is possible that doing so may cause or exacerbate certain medical conditions. If at any time a Fuelary customer feels unwell, ill or abnormal they should consult medical help immediately.

 

 

 

FUELARY TERMS:

  1. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICE. You agree not to use the Site or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you. You may not reverse engineer, disassemble, decompile, or translate any components of the Site or Services, attempt to derive the source code of any components of the Site or Services, or authorize or assist any third party to do any of the foregoing. Without our written consent, you may not (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

  1. Use of the Site requires that you comply with certain acceptable use policies we may establish from time-to-time. As part of your responsibilities as a Visitor or a Registered User of the Site, you agree that you will not: (a) use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (b) infringe someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (c) use the Site or any Service for unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, letters relating to a pyramid scheme or any other unsolicited commercial or non-commercial communication; (d) interfere with others using the Site; (e) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment; (f) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services; (g) use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site and/or Services; (h) create a false identity for the purpose of misleading others; (i) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (j) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Site; (k) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; or (l) systematically collect or use any content from the Site or Service, including through the use of any data mining, or similar data gathering and extraction methods.

 

  1. MODIFICATIONS TO SYSTEM RULES. We may change these System Rules from time to time. If you object to any such changes, your sole recourse will be to cease using the Site and/or Services. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised System Rules, inclusive of such changes. Such notice may be comprised of an email to your registered email address or a notice posted at the Site.
  2. DISCONTINUATION OF OR MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site or Services. Continued use of the Site or Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Site or Services as so modified.
  3. PRIVACY. As part of the login and registration process, you will be asked to provide certain personal information to us. If you use the Site and/or Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and/or the Services. The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Fuelary makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
  1. TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Fuelary or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
  2. GEOGRAPHICAL RESTRICTIONS. Fuelary makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States. Registered Users and Visitors access our Site and the Services on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Fuelary provide services and operate websites which may be linked to from our Site and which are governed by their own terms of use and not these System Rules, and may be subject to laws of other local or international jurisdictions.

 

Contact

You may contact us at the following email address support@fuelary.com at any time.