Please read the following information carefully. Your use of Pea’s services (“Service(s)”) constitute acceptance and understanding of this legal agreement between you and Pea, as set forth in these Terms of Service (“Terms of Service”) and our Privacy Policy. By accessing and using this website and the Services, you are consenting to be bound by these Terms of Service and to comply with all applicable laws and regulations. You may not use the Services if you do not accept the Terms of Service and Privacy Policy. Please note that Pea may offer numerous other services with terms that differ from these Terms of Service.
You may not use the Services or accept the Terms of Service if you are below the minimum age to form a binding contract with Pea. You must be eighteen (18) years of age or older to agree to these Terms of Service on behalf of yourself or anyone for whom you have legal authority to agree.
Pea uses proprietary algorithms to assist a user perform certain functions and improve their performance.
Other services provided by Pea include: using your Data to formulate your performance package. Pea’s Services are provided “as is” and “with all faults” (see Disclaimer of Warranties below). Pea is not responsible for the use of Services outside the terms of this Terms of Service and other applicable terms. Pea may update these terms from time to time as the Services change and expand. Unless explicitly stated otherwise, each addition to Pea’s website that changes the current Service shall be subject to the Terms of Service. By using Pea’s website and Services, you are agreeing to be bound by the then current version of these Terms of Service. Pea may discontinue certain Services or features within Services at Pea’s sole discretion, without prior notice to you. You may stop using Pea’s Services at any time, without prior notice to Pea, unless you require a closure of your account.
You may learn unexpected information about yourself.
This information may trigger strong emotions and alter your life or perspective on life. This may be unwelcome information regarding matters you have no ability to control or change. These outcomes could have social, legal, or economic consequences.
The knowledge you gain from the Pea is irrevocable.
There is no guarantee that the any information Pea provides to you will be welcome or positive. You should also understand that as research advances, for you to further assess your performance, you may need to obtain further services from Pea, your physician, a counselor, or another health care provider.
You should not solely rely on Pea’s recommendations for decisions regarding your health behavior and medical care. Pea does not make medical diagnoses, or make recommendations beyond the scope of generally accepted facts.
Before acting upon the results of each performance session, Pea strongly recommends all Service users to do some reading and research, and make an appointment with a qualified dietician and doctor. Use of Pea’s services is not a substitute for medical care.
There are many factors that determine your health, some of which may be unknown genes, environmental factors, or lifestyle choices that are more important predictors of health. Certain genetic characteristics are associated with specific physiological needs; however, such an association does not absolutely establish that there is evidence linking the genetic marker with such physiological needs.
You should be cautious about sharing your Data.
Pea advises all Service users to be careful when sharing your Data with other people or organizations. The Genetic Information Nondiscrimination Act (“GINA”), which protects against discrimination by employers and health insurance companies for employment and coverage issues, was signed into law in the United States in 2008. However, the extent of the protections available through GINA has yet to be clearly established. While few businesses or insurance companies currently request genetic information, this could change in the future. Additionally, GINA does not cover life, long-term care, or disability insurance providers.
Some, but not all, states and jurisdictions have laws that also protect your Data. However, you may want to consult a lawyer to understand the extent of this legal protection before sharing your Data with anyone. For example, any Data that you share with a physician or other health care provider could later become accessible to third party health care providers or insurance companies in the future as part of your medical record. The information attached to your Data may greatly expand as new discoveries are made. Any concealment of health conditions from insurance companies based on information you learn from your Data may be considered fraud.
Pea Services are for research, informational, educational, and entertainment use only. Pea does not provide medical advice.
The information provided by Pea is for research, informational, and educational use only. This means that many of the discoveries that Pea reports have not been clinically validated, and the technology Pea uses to date has not been widely clinically tested. Because Data is not comprehensive currently, Pea’s Services are for research, informational, educational, and entertainment purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always refer to your physician or other health care provider with questions you may have regarding deficiencies, treatment, mitigation, or prevention of any disease or the status of your health.
Pea does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physicians or other health care providers, supplements, procedures, opinions, or other information that may be found on Pea’s website. Any recommendations that are provided to you or any other literature are strictly intended for informational purposes intended for discussion with your physician or other healthcare provider. Reliance on any information provided by Pea, Pea employees, others affiliated with Pea’s website and Services, or other Pea community members is solely at your own risk.
Pea does not claim ownership to any content personally created by you or submitted as part of the Services, including photos, comments in forums, posts to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give Pea and its affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content.Your use of Pea’s Services signifies your understanding that, in providing Services to users, Pea may (a) transmit or distribute User Content over various public networks and in various media; and (b) make changes to User Content to conform and adapt the User Content to technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license will permit Pea to take these actions.You represent and warrant to Pea that you own or otherwise control any rights in and to your User Content and any and all elements thereof; that you have all the rights, power, and authority necessary to grant the above license and that your User Content will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality.Any questions, comments, suggestions, reviews, or other information about Pea’s products or services submitted to Pea through Pea’s website or Services (“Feedback”) will be deemed non-confidential and non-proprietary. Pea will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.You understand that Pea does not control and is not responsible for Feedback made available through our Services and that by using Pea’s website and Services, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Pea expressly disclaims any liability for such Feedback. You agree that you must evaluate and bear all risks associated with the use of any Feedback, that you will not rely on any Feedback, and that under no circumstances will Pea be liable in any way for any Feedback or for any loss or damage of any kind incurred due to your use of any Feedback posted, emailed or otherwise made available on through Pea’s website or Services. You acknowledge that Pea has the sole discretion and right, but no obligation, to refuse, delete or move any Feedback on Pea’s website for any reason.Your interactions with organizations, events, health care providers, and/or other individuals found on or through Pea’s website are solely between you and such organizations and/or individuals. Pea expressly disclaims any liability for such organizations, events, health care providers, or individuals.
Disclosure of individual-level Data and/or any self-reported information to third parties will not occur without explicit consent, unless required by law. Note that Pea cannot control any further distribution of Data and/or any self-reported information that you share publicly on the Pea website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Pea has no obligation to do so on your behalf. You understand that by providing any Data and/or any self-reported information, having your Data processed and analyzed, accessing your Data, or providing self-reported information, you acquire no rights in any research or commercial products that may be developed by Pea or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Data or any other self-reported information.
In consideration of your use of Pea’s Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Service, and maintain and promptly update the any submitted information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Pea has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Pea has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will need to create a password and account to access and purchase Pea’s Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Pea’s website through your username and password, you will defend and indemnify Pea and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Pea of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Pea cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
Your use of Pea’s Services is conditioned on your agreement and representation that you will not engage in unlawful or unauthorized conduct under the Terms of Service or any applicable laws and regulations. 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.
You may not use Pea or any platform belonging to Pea (e.g. social media) to upload, post, email, or transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status. You may not harm minors in any way. You may not impersonate any person or entity, including, but not limited to, anyone affiliated with Pea or falsely represent or state your affiliation with another person or entity. You may not “stalk” or otherwise harass other users of Pea’s website or any employee or anyone else affiliated with the Services or Pea’s website.
You may not use any software (manual or automated) to access, “scrape,” “crawl,” or “spider” Pea’s website or Services or any of Pea’s other communications platforms, online social media sites, online materials, or blogs. You may not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Pea’s website. You may not interfere with or disrupt Pea’s Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service You may not upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law.
You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense or commercially exploit Pea’s website or Services. You may not reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You may not download any file posted by another user of Pea’s Service that you know, or reasonably should know, cannot legally be distributed in such manner. You may not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Pea or any other party.
You may not violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Pea. You may not intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. You acknowledge and agree that you are solely responsible for (and that Pea has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Pea may suffer) of any such breach. In case of breach of any one of these agreements Pea has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Pea and its affiliates against any liability, costs, or damages arising out of the breach of the representation. If you violate the terms of this Section and/or Pea has a reasonable ground to suspect that you have violated the terms of this Section, Pea has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.
The contents of Pea’s website and Services, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Pea’s website and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by Pea or its licensors. Any rights granted herein are expressly licensed. Pea does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to Pea’s website or Services (or any part thereof) to you or anyone else. Any unauthorized use of Pea’s website or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Pea’s website, Services and Material are Copyright © 2017-2018. Pea, Inc. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site, Services or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site or Services. You may not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Pea or its owner if Pea is not the owner. “Pea” and all other names, logos, and icons identifying Pea and its products and services are proprietary trademarks that belong to us. Other trademarks, names and logos on Pea’s website are the property of their respective owners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.Pursuant to Title 17 of the United States Code, § 512, Pea has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe a user of Pea’s website or Services is infringing your copyright or other intellectual property right, please provide written notice to our Agent for notice of claims of infringement as follows:Pea Attn: Brennen Belich 925 W Georgia St #1600, Vancouver, BC V6C 3L2 Email: Support@smarterhealthinc.com
To be sure the matter is handled promptly, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which Pea can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.