Terms Of Use

Last Updated June 20th, 2018

Optimal DX, LLC (“Optimal DX”, “we”, or “our”) is pleased to offer this site, https://my.BloodChemSoftware.com (this “Site”). The term “Site” includes all content, information, tools, reports, reference materials, and other services, contained or available on, or created or produced by, this Site.

This Site is an educational tool and is to be used only by Health Professionals (“Health Professional” means a licensed (if required by law) person who uses our services to enhance the care provided to patients under their care).  This Site should be considered as adjunctive support to diagnostic medicine and is not intended to be, nor should it be construed as, a claim or representation that any treatment, process, or interpretation constitutes a cure, palliative, or ameliorative.  This Site is not for the purpose of medical diagnoses or treatment, nor is it a substitute for medical or professional care or counseling.  This Site does not constitute an attempt to practice medicine.

We invite our members to enjoy the all the features this Site has to offer, but like other sites, we require that you agree to the following terms and conditions of use, as amended from time to time (these “Terms of Use”). Your access and use of this Site confirms your assent to be bound by the terms and conditions of these Terms of Use. If you are not willing to accept the terms and conditions in these Terms of Use or any modifications or amendments to these Terms of Use, or if you become dissatisfied with any services provide by or through this site, please immediately stop using this Site.  Failure to abide by these Terms of Use may result in the immediate termination of your access to this Site, without refund or recourse.

Privacy Policy
We also have a privacy policy, which you can access at http://bloodchemsoftware.com/privacy-policy (the “Privacy Policy”). The Privacy Policy is a part of and is incorporated by reference into, these Terms of Use. Please review the Privacy Policy before using this Site.

Changes to the Terms of Use
We reserve the right to change, amend, or modify the Terms of Use at any time, without prior notice, by posting any new Terms of Use on this Site. Unless it expressly says otherwise, all changes, amendments, or modifications take effect immediately upon being posted on this Site. Accordingly, it is important for you to return to this page to review the Terms of Use on a regular basis to keep yourself apprised of any changes. Your use of this Site following the posting of changes constitutes your acceptance of any such changes.  We will endeavor to provide you notice of materially significant changes to these Terms of Use.

Eligibility: Restricted to Health Professionals
The use of and access to this Site is restricted to Health Professionals only; use by any other persons is strictly prohibited.

Member Account
In order to receive the benefit of this Site, you must register as a member and maintain an active subscription.  When you choose to become a member of this Site, you will be redirected to a third-party website in order to initiate payment for your subscription and activation of your member account.  The third-party site will ask you for your payment information and certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address. Please note that verification may be required prior to the acknowledgment or completion of the transaction. Once your payment information is verified you will be returned to this Site and be asked to supply personal information related to your status as a Health Professional such as your name, credentials and certifications, license numbers, and jurisdiction(s) of licensure. Prior to the granting of access to this Site, Optimal DX will review that the information you provided was correct and accurate in all respects. If for any reason you are denied membership as part of the initial registration process, which may be denied by Optimal DX in its sole discretion, you will not be charged for a member account.

By registering as a Member, you expressly represent and warrant to Optimal DX that:

  • You understand and agree that this Site:
    • is meant to be an educational tool;
    • is to be used only by Health Professionals;
    • should be considered only as adjunctive support to diagnostic medicine;
    • is not intended to be, nor should it be construed as, a claim or representation that any treatment, process, or interpretation constitutes a cure, palliative, or ameliorative;
    • is not for the purpose of medical diagnoses or treatment;
    • is not a substitute for medical or professional care or counseling, and does not constitute an attempt to practice medicine.
  • You are a Health Professional, currently licensed in each applicable jurisdiction in which you practice.
  • You will not disclose or provide any report as designated in the software as “Practitioner Only” and produced using this Site to any patient or client.
  • Your use of this site and any reports generated by this site are for your use only. You will only input data into the software program on your patients or clients only.
  • You agree not to input lab data into the Software for other Health Professionals and agree not to sell reports generated by the Software to other Health professionals for their use with their patients or clients. Such use is a direct violation of these Terms of Use.
  • You understand that this service is designed to process lab test data from patients and clients aged 18 years and older only. It is NOT designed to process the lab data for children or pediatric cases. Adding a patient or client to the site that is not 18 years of age or older is a direct violation of these Terms of Use.
  • You agree to comply with these Terms of Use and to be legally bound by them, you agree to comply with all applicable laws related to your use of this Site, and you have the legal right to use any credit card(s) utilized in any transaction.
  • You are at least the age of majority in the jurisdiction where you reside and are legally able to agree to these Terms of Use.
  • You will at all times, keep your log in information and password secure and safe, you will not share such information or password with any other person, for any purpose, and you will promptly notify us if you suspect such information is obtained or utilized by any other person.
  • You will not interfere with any other person’s use and enjoyment of this Site or interfere with or attempt to gain unauthorized access to this Site, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up this Site.
  • You will not transmit anything that contains viruses, or any of the many similar software or programs that may damage the operation of this Site or any other person’s property
  • You will not modify or attempt to modify this Site or any of its components.
  • You will not reproduce, duplicate, copy, sell, resell, exploit, or in any way use any of the Intellectual Property (defined below).
  • You understand that while Optimal DX endeavors to use secured systems for information storage, and certified third-party credit card processors to securely process your credit card information, given the possibility of the unlawful interception of information and communications, Optimal DX cannot promise and you should not expect that such information you provide will always remain private or secure.
  • You understand that Optimal DX cannot guarantee third-party compliance and shall not be responsible in any way for the acts of third parties with respect to your personal or credit card information.  You release Optimal DX from any and all liability or responsibility for the acts or omissions of third-party recipients of your personal or credit card information.
  • You understand that Optimal DX may disclose in any form, including in electronic form, any information that is required by law to be disclosed regarding your use of this Site.
  • You agree to ensure that any information provided to Optimal DX is up to date throughout the entire term of your membership.
  • You have all right, title, and interest to and in any logo, or other images, uploaded by you to the Site.
  • You understand that, upon the cancellation of your paid subscription, your account may be converted to a limited access Free account, which still gives you access to your data.
  • You understand that it is your responsibility to contact Optimal DX if you would like your account and all your patient data deleted upon the cancellation of your subscription.
  • You understand that all patient-identifiable data in the database, including all lab test data, are highly encrypted. You also understand that we do not make that data available for export.
  • You understand and agree that Optimal DX may, in its sole discretion, terminate or suspend your member account, and remove and discard any information related to your member account, including without limitation any information you enter on or upload to the Site, immediately and at any time following: (a) any violation of these Terms of Use, or the spirit of these Terms of Use, by you or otherwise through your computer or member account; and (b) your failure to make payment for your member account. Further, you release Optimal DX from any and all liability to you or any third-party for any termination or suspension of your member account or access to this Site.

Blood Reference Guide
The Blood Reference Guide located on the Site, at http://my.bloodchemsoftware.com/clinical-toolsl/blood-reference-guide/494, is provided for convenience only, as a reference material, and under license from the Copyright holder of the work: Blood Chemistry and CBC Analysis- Clinical Laboratory Testing from a Functional Perspective authored by Dicken Weatherby, N.D., Copyright 2018 Weatherby & Associates, LLC.

Proprietary Rights
Optimal DX owns intellectual property rights, including trademarks, patents, graphics, text, code, and other proprietary rights (the “Intellectual Property”) displayed on or through this Site; excepting any owned by a third-party. Any use of our Intellectual Property without our prior written consent is strictly prohibited.

Links to, and Integration with, Other Websites
The site may contain links to, and integration with, other websites, services, and resources that do not belong to, are not controlled by and are entirely independent of Optimal DX. We do this for convenience.  We are not responsible for any third-party sites or their actions or inactions, including the content, or any changes or updates to those sites. If you access any third-party site, you do so entirely at your own risk.

Links from Third Party Sites
Please connect with us on Facebook, Twitter, YouTube and the like. You may link to this Site if:

  • You do not replicate the home page of this Site;
  • You do not create a frame or any other browser or border environment around this Site;
  • You do not use logos or trademarks displayed on this Site; and
  • You do not link to a website which contains content that is offensive, infringes the intellectual property rights or other rights of others, or violates applicable laws.

Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK, AND THIS SITE IS PROVIDED ON AN “AS IS” OR OPTIMAL DX HEREBY SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, AND OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND AGAINST HIDDEN OR LATENT DEFECTS, QUALITY, AND TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, SECURITY, AND ACCURACY, TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION THROUGH THE USE OF THE SITE.  OPTIMAL DX WILL NOT BE RESPONSIBLE FOR ACTS OR OMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK, INVADE, OR OTHERWISE DISRUPT THE SITE OR TAKE INFORMATION, INCLUDING CONTENT YOU PROVIDE, FROM THE SITE OR OTHERWISE. IF OPTIMAL DX CANNOT LAWFULLY DISCLAIM SUCH WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, OPTIMAL DX LIMITS THE DURATION OF SUCH WARRANTIES TO THE MINIMUM TIME PERMITTED UNDER SUCH LAW. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY OR CONDITION, AND ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMAL DX, AND ITS OFFICERS, MEMBERS, MANGERS, AND AFFILIATES, ARE NOT IN ANY EVENT RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM OR ARISING OUT OF ANY BREACH OF WARRANTY OR CONDITION, USE OR MISUSE OF THE SITE, OR UNDER ANY OTHER LEGAL THEORY INCLUDING WITHOUT LIMITATION, LOSS OF USE OF THE SITE OR ANY GOOD OR EQUIPMENT USED WITH THE SITE, OR INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THIS SITE, YOUR MEMBER ACCOUNT, OR YOUR ACCESS TO THIS SITE, THE COST OF ANY REPLACEMENT GOOD OR SUBSTITUTE EQUIPMENT, LOSS OF REVENUE OR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF LIFE, THIRD-PARTY CLAIMS, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED EVEN IF OPTIMAL DX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, OR ANY LINKS ON THIS SITE, AS WELL AS BY ANY INFORMATION OR REPORTS PROVIDED BY OR THROUGH THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST OPTIMAL DX OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES, IS YOUR DISCONTINUATION OF YOUR USE OF THE SITE. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.

Indemnification
You agree to indemnify, defend, and hold harmless Optimal DX and any and all of its present and future officers, members, service providers, suppliers, employees, authorized representatives, and affiliates from any and all liability, loss, claim, demand, and expense, including costs of litigation and reasonable attorneys’ fees, directly or indirectly arising out of or related to (a) your use or misuse of this Site, including without limitation any reports you generate using this Site, or any information that you enter on, or upload to, this Site; (b) any use or alleged use of your member account by any person, whether or not authorized by you; or (c) your violation of these Terms of Use.  Optimal DX reserves the right to assume the exclusive defense, control, and settlement, of any above matter.  This section shall survive termination.

Arbitration Of Disputes
You agree that any and all disputes, claims, or controversies arising out of or related to this Site asserted against Optimal DX , or its officers, members, employees or authorized representatives will be brought exclusively with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and Optimal DX  and may be entered in any court of competent jurisdiction.  This section shall survive termination.

Miscellaneous
These Terms of Use, which incorporates the Privacy Policy, is the entire agreement between you and Optimal DX relating to the subject matter of these Terms of Use. If for any reason anything on or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use are controlling. If a provision of these Terms of Use is determined to be unenforceable, the remaining provisions of these Terms of Use will not be impaired. No waiver by Optimal DX of any terms will be deemed a waiver of any of the other terms in these Terms of Use, and our failure to act with respect to any breach of the Terms of Use does not waive our right to subsequent or similar breaches. The Terms shall be governed by the laws of the State of Oregon. The prevailing party in any legal action arising out of or relating to these Terms of Use shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

Inquiries If you have general inquiries, questions, concerns, or comments about the Terms of Use or this Site, please contact Optimal DX via e-mail at https://optimaldx.com/contact or call 541-482-3779.  This Site is provided by Optimal DX, with offices at 32 Grout Road, Hartland, VT 05048, USA.

Why Functional Blood Chemistry Analysis is the ULTIMATE Functional Medicine Assessment Test (A Free Crash Course)

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