MetabolicPro
Terms and Conditions of Use
MetabolicPro is a web-based diet analysis system that is owned and operated by Genetic Metabolic Dietitians International. These Terms and Conditions govern your use of the MetabolicPro website (the “Site”). Please read them carefully before using the Site.
AGREEMENT TO TERMS
By obtaining a license to use this Site in any way, you agree to these Terms and Conditions and GMDI Privacy Policy. This Agreement is entered into between you as the User of the Site (the "User") and GMDI. If you do not agree to these Terms you may not use the Site. Each time you use the Site, you reaffirm your acceptance of the then-current Terms. If you do not wish to be bound by these Terms, you may discontinue using the Site.
GMDI may change these Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms, your only remedy is to discontinue using the Site.
ELIGIBILITY
By registering to use the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and to use the Site in accordance with these Terms.
1. LICENSES AND SITE ACCESS
a. GMDI grants you a limited license to access and make personal use of the Site. You may not modify any portion of it, except with the express written or e-mailed consent of GMDI. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Site for any commercial purpose. By using the Site, you warrant to GMDI that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. GMDI does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. If you violate any of these Terms, your permission to use the Site automatically terminates.
b. User licenses will expire one year from the date of purchase. When your license has 90 or fewer days left until it expires, a notice will appear on the log-in page. GMDI is not responsible for ensuring that this notification has been received. If you do not to renew the license, you will continue to have access to patient data records for 30 days after the expiration of the license. Additional licenses purchased by a center will expire on the same date as the initial license for that center even if the time period is less than a year. It is the responsibility of the User to insure that licenses do not expire. Expiration of license will result in loss of accessibility to data entered into MetabolicPro.
c. GMDI does not provide refunds for license subscriptions.
d. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, GMDI has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
2. GMDI’S COMMUNICATIONS TO YOU
You agree that GMDI may send electronic mail to you for the purpose of either advising you of software changes or additions to this Site, about any of GMDI’s products or services, or for such other purpose(s) as GMDI deems appropriate. GMDI is not responsible for ensuring that this notification has been received.
3. NOT HEALTH GUIDANCE
The contents of the Site are for informational purposes only. Nothing contained in the Site is intended to constitute professional advice and you should not rely on the reports, data or other information provided on or accessible through the use of the Site for making health related decisions. You should consult with an appropriate health care professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided herein prior to making any health related decisions. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
4. COPYRIGHT PROTECTION
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting GMDI (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
- Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location.
- Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to
In an effort to protect the rights of copyright owners, GMDI maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
5. ACTIVITIES PROHIBITED ON THE SITE
GMDI reserves the right to investigate and take appropriate legal action against anyone who, in GMDI’s sole discretion, engages in any prohibited activities, which include but are not limited to using the Site for any purpose in violation of local, state, national, or international laws. GMDI has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.”
6. WARRANTIES
The Site and the content are provided on an “as is” basis. To the fullest extent permitted by law, GMDI, its licensors, and its suppliers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantabiiity, non-infringement of third parties’ rights, and fitness for particular purpose. GMDI makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. GMDI cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. GMDI cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. GMDI cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. GMDI does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
GMDI sells MetabolicPro to healthcare professionals engaged in the management of the metabolic diets. It is, however, the responsibility of each user to ensure patient confidentiality according to their institutions guidelines when downloading and saving data on personal computers. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the MetabolicPro for controlling the dissemination and use of activation codes; and for authorizing and controlling access to the MetabolicPro account.
Further, GMDI cannot be held legally responsible for inappropriate diet calculation results due to incorrect data entry or database content. GMDI cannot be held responsible for how the information presented here is used by individuals who access the data.
7. LIMITATION OF LIABILITY
GMDI’s entire liability and your exclusive remedy with respect to any dispute with GMDI is to discontinue your use of the site. GMDI and its vendors shall not be liable for any indirect, special, incidental, consequential or exemplary damage arising from your use of the site of for any other claim related in any way to your use of the site. These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for health-related issues, lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation jurisdictions, GMDI’s and its vendors’ liability shall be limited to the extent permitted by law.
8. INDEMNIFICATION
The use of the software, tools and web site is at your own risk, and you assume full responsibility and risk of loss you may suffer as a result of using, or accessing the software, tools or web site, Except to the extent that liability under any applicable law or regulation cannot be excluded: (a) GMDI is not liable for loss or damage of any kind whatsoever arising as a result of information or prices (including without limitation financial information), published on or furnished through the tools or site, or any errors or omissions of the tools or web purchases of third party goods or services based on information published on or furnished through the tools or website; (b) GMDI shall have no liability arising from orders or purchases of third party goods or services based on information published on or furnished through the tools or site; and (c) under no circumstances shall GMDI or its officers, directors, employees, agents, vendors, suppliers or distributors be liable under this agreement to you or any third party of any indirect, special, incidental, punitive or
consequential loss or damages or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory) that are directly or indirectly attributable to the use of, or the inability to use, the tools, website or any content contained thereon, or damages relating to telecommunication failures, loss, corruption, security or theft of data, viruses, spyware, or the like, whether based in contract, tort (including negligence), product liability or otherwise, even if GMDI has been informed of the possibility thereof such damages. If you are dissatisfied with any tools, or any portion of the web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue use of the software, tools and site.
9. PRIVACY
By accepting this Agreement, you expressly consent to our use of your personal information as explained in our Privacy Policy, which is incorporated herein by reference.
10. MODIFICATION OF THE AGREEMENT
GMDI reserves the right to change these Terms without notice. You are responsible for regularly reviewing the Agreement. Your continued use of the Site constitutes your agreement to all such Terms as modified.
11. TERMINATION
GMDI has the right to terminate your account and access to the Site for any reason, including, without limitation, if GMDI, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms (either directly or through breach of any other terms and conditions or operating rules applicable to you). GMDI may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.
12. COPYRIGHT
The Site and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without the express written permission of GMDI.
13. SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14. NO WAIVER
A failure on the part of GMDI to enforce any part of this agreement shall not constitute a waiver of any of GMDI’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of GMDI shall have legal effect.
15. NOTICE
Any notice relating to this Site should be sent to us by email to info@gmdi.org
16. MISCELLANEOUS
GMDI makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. GMDI does not market all of its products or services in all countries.
17. GOVERNING LAW
This agreement shall be governed by the laws of the State of Georgia applicable to contracts entered into and performed exclusively in that state. You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigation any claim or action relating to your use of the software, tools, site and/or this agreement.
