Terms of Service

Effective: December 4, 2024

Welcome to RAPID Health Optimization. Precision is Power.

RAPID Health Optimization ("RAPID") provides access to cutting-edge health optimization services, including comprehensive lab analysis, personalized protocols, and expert-driven insights designed to help you achieve peak health and performance. Our mission is to provide elite performers with the tools and insights they need to reach and sustain their highest potential.

These Terms of Service (the "Terms") outline the conditions of use for our services, website, and any associated products. PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ENGAGING WITH OUR SERVICES. If you have questions, please contact us at legal@rapidhealthoptimization.com.

Our Terms incorporate RAPID's Privacy Policy by reference. By agreeing to these Terms, you are also agreeing to the terms outlined in our Privacy Policy. Please review it carefully.

IMPORTANT NOTE: THESE TERMS REQUIRE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS. BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A COURT TRIAL OR PARTICIPATION IN A CLASS ACTION. SEE SECTION 16 FOR DETAILS.

By accessing or using RAPID's services, you confirm your agreement to these Terms in full. If you do not agree, please do not use our services or products.

Definitions

RAPID Does Not Provide Medical Services

RAPID's services are designed for health optimization and performance enhancement and are not a substitute for medical care or advice.

Eligibility

You must be at least 18 years old to use our services. By using RAPID's services, you confirm you meet this age requirement and have the legal capacity to agree to these Terms.

Lab Testing and Results

Use of Services

Third-Party Providers

RAPID collaborates with third-party laboratories and medical providers. RAPID is not responsible for the accuracy or quality of services provided by these entities.

Payment and Refunds

Intellectual Property

All content and materials provided by RAPID, including reports, logos, and protocols, are protected under intellectual property laws. You may not reproduce or distribute these materials without prior written permission.

Indemnification

You agree to indemnify, defend, and hold RAPID and its affiliates harmless against any and all claims arising from your use of the services provided by RAPID, contractors and/or independent contractors working on behalf of RAPID, or any agent of RAPID for any physical and/or financial harm whatsoever, including but not limited to RAPID's own negligence, carelessness, and/or reckless conduct.

Limitation of Liability

As set forth above and incorporated by reference here, by agreeing to these terms of service, you agree that RAPID is not liable in tort for direct, indirect, incidental, monetary, compensatory, punitive, and/or consequential damages arising from your use of RAPID's services. Notwithstanding the foregoing, in the event that litigation and/or claims are pursued against RAPID for monetary damages, you agree that by agreeing to these terms of use, you agree that RAPID's liability is capped at the amount paid for the specific service in question. Any jury verdict, judgment, default judgment, arbitration award, or other award of monetary damages shall be molded to the amount paid by you for RAPID's services.

Arbitration

By Agreeing to these Terms of Service, You Accept the Following Waivers and Disclaimers.

CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 14. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:

  1. NEITHER RAPID NOR OUR AFFILIATES PROVIDES ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS,'' "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, ACCURACY, AND VALUE). THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR LAB RESULTS, FH CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALL MATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.
  2. WITH RESPECT TO ANY "FORWARD-LOOKING STATEMENTS," FUNCTION DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.
  3. THOUGH CERTAIN ASPECTS OF THE CONTENT, LAB RESULTS, AND OTHER THIRD-PARTY MATERIALS AND SERVICES FACILITATED THROUGH RAPID MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER RAPID NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. RAPID DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THE PROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELY RESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TO YOU.
  4. NEITHER RAPID NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OUR SERVICES -- EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON'S OR ENTITY'S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY AND REPRESENTATION REGARDING ANY LAB RESULTS AND ANY RAPID CONTENT. YOU AGREE THAT NEITHER RAPID NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANY LAB RESULTS, RAPID CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OF AND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, ERROR. YOU AGREE THAT NEITHER FUNCTION NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR INABILITY TO ACCESS DATA OR INFORMATION OBTAINED IN CONNECTION WITH OUR SERVICES AND/OR ANY OF OUR THIRD-PARTY PROVIDERS' SERVICES -- INCLUDING WITHOUT LIMITATION AS RESULT OF DELETION, FAILURE IN TRANSMISSION, INTERRUPTION, DELAY, DEFECT, UNAUTHORIZED ACCESS, THEFT, VIRUS, OPERATIONAL FAILURE, COMMUNICATIONS FAILURE, DESTRUCTION, AND/OR AN ACT OF GOD.
  5. NEITHER RAPID NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE RAPID CONTENT OR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE, AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY. YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC. YOU AGREE THAT FUNCTION SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.
  6. RAPID USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT -- EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES -- FUNCTION CANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY, WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE, TROJAN HORSES, WORMS, AND VIRUSES; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. FUNCTION AND OUR AFFILIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORIZED ACCESS OR USE OF YOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONAL INFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF FUNCTION AND/OR ONE OR MORE OF OUR AFFILIATES; THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES, ARISING OUT OF AND/OR RELATING TO ANY VIRUS, MALWARE, DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL CODE OR MATERIALS THAT MAY IMPACT YOUR DATA, INFORMATION, DEVICE, COMPUTER, PERSONAL INFORMATION, OR OTHER PROPERTY (INTELLECTUAL OR OTHERWISE) AND ARISE OUT OF AND/OR RELATE TO YOUR USE OF OUR SERVICES, AS WELL AS ANY UNAUTHORIZED GRANT OF ACCESS TO YOUR ACCOUNT AND/OR INFORMATION ON THE BASIS OF FALSE PRETENSES, STOLEN AND/OR MISAPPROPRIATED LOGIN/PASSWORD INFORMATION, SOCIAL ENGINEERING, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOUR TRANSMISSION OF DATA AND INFORMATION IN CONNECTION WITH OUR SERVICES IS AT YOUR OWN RISK.
  7. NEITHER RAPID NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES (INCLUDING BUT NOT LIMITED TO SERVICES RELATING TO THE FACILITATION OF LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, AND THE FACILITATION OF TELEMEDICINE SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL RAPID IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER RAPID NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY RAPID CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/OR INFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS. AND PRODUCTS

Choice of Law and Jurisdiction

  1. Choice of Law. Any Claim arising out of or relating to RAPID, our Affiliates, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more of third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles, except to the extent that Tennessee law is preempted by or inconsistent with federal law.
  2. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 16 below, the parties agree that all disputes must be litigated in the state or federal courts of the State of Tennessee. You and RAPID each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
  3. U.S. Jurisdiction; Foreign Access. RAPID and its properties are located in and operated from the United States. Our Services are intended only for use by persons located in the United States. RAPID does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against RAPID insofar as they are subject RAPID to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that RAPID makes no representation or warranty that our Services -- including without limitation our website, the Content and any Lab Results relating to our Services -- are accessible, legally permitted, and/or appropriate for consumption in any countries or jurisdictions outside of the United States. It may not be legal for your and/or other persons to access this site based on the country or jurisdiction in which you and/or such persons are located; you accordingly assume all risk, liability, and responsibility in connection with accessing this site outside of the United States and complying with any laws, rules, regulations, or guidelines applicable thereto. Furthermore, insofar as you are resident of a country other than the United States and/or located in such a country when accessing our Services (e.g., in a country belonging to the European Union), you acknowledge that you are engaging in the transfer of data and information to the United States, which may have less protective data laws, privacy regulations, and disclosure regulations than your country of residency and/or location.

Binding Arbitration of Disputes on an Individual Basis

Claims subject to arbitration

To the fullest extent permitted by applicable law, you and RAPID agree to arbitrate all Claims arising out of or relating to RAPID, our Affiliates, these Terms, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:

In this Section 13 only, references in this to "RAPID," "we," "our," and "us" include our respective predecessors in interest, as well as our respective past, present, and future subsidiaries, Affiliates, related entities, and all authorized or unauthorized users or beneficiaries of our Services or any Products purchased from RAPID. You agree that, by agreeing to the Terms, you and RAPID are each waiving the right to a trial by jury or to participate in a class action. The Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision, as set forth by the terms of this Section 13, shall survive termination of your use of our Services.

Claims not subject to arbitration

Notwithstanding the foregoing, you or RAPID may bring an action in your local small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If your jurisdiction permits small claims court judgments to be removed or appealed to a court of general jurisdiction for a trial de novo, that appeal shall be resolved in arbitration in accordance with this arbitration provision. This arbitration provision does not preclude you or RAPID from bringing issues to the attention of federal, state, or local agencies or law enforcement. Notwithstanding anything herein to the contrary, any dispute over the applicability and/or enforceability of any of the terms and/or conditions in this Section 13(b), shall be determined in a court of competent jurisdiction unless the parties mutually agree otherwise in writing. Notwithstanding anything herein to the contrary, either Party may bring a claim arising out of and/or relating to intellectual property rights, or seek temporary or preliminary relief and/or specific performance, in any court of competent jurisdiction, without the posting of bond or other security.

Class Action Waiver

The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND RAPID EACH AGREE TO BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND RAPIDEACH AGREE NOT TO PURSUE OR RECOVER ANY DAMAGES OR OTHER RELIEF IN CONNECTION WITH ANY CLAIMS AGAINST THE OTHER IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER AGGREGATED PROCEEDING. Further, unless both you and RAPID agree otherwise, the arbitrator may not consolidate more than one person's Claims. To the fullest extent permitted by applicable law, the arbitrator may not preside over any form of a collective action, class action, mass action, private attorney general action, or other aggregated proceeding. If, after exhaustion of all appeals, any of the aforementioned prohibitions on non-individualized relief is found to be unenforceable with respect to a particular Claim then the parties agree that such a Claim or request for relief shall be decided by a court of competent jurisdiction after all other claims and requests for relief shall be arbitrated.

Arbitration procedures

A Party who intends to seek arbitration must first send to the other a written Notice of Dispute. A Notice of Dispute to RAPID should be addressed to RAPID Health Optimization, LLC, Attn: Legal Department, 5747 Nanjack Cir, PMB 152, Memphis, TN 38115. A Notice of Dispute to you will be sent to the last address you provided to RAPID. A Notice of Dispute must (i) provide your name, address, phone number, and the email address we have on file for you; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought. The Parties agree to negotiate regarding any claim or dispute subject to a Notice of Dispute for a period of not less than sixty (60) days from receipt of said Notice-- and if the Parties do not reach an agreement to resolve the claim within sixty (60) days after the Notice of Dispute is received, you or Function may commence arbitration with JAMS, which shall administer the arbitration under its Consumer Arbitration Rules in effect at the time ("JAMS Rules"), no later than the latest date permitted by the statute of limitations that would have applied to said a dispute if it had proceeded in a court of competent jurisdiction instead of in arbitration. You may obtain a copy of the JAMS Rules by visiting the JAMS website at jams.org. If the JAMS is unavailable to administer an arbitration, another provider will be selected by agreement of the parties or by the court pursuant to 9 U.S.C. § 5. Except as specified in this Agreement (e.g., limitations and exclusions around Claims and Losses), the arbitrator can award the same remedies available under applicable law that a court can award. The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator's ruling will not be binding in proceedings involving different customers. Unless you and RAPID agree otherwise, any arbitration hearings will take place by videoconference or by telephone or resolve claims or defenses on the basis of papers submitted by the parties, or to the extent not permitted, at the JAMS location nearest your billing address. Regardless of the manner in which the arbitration is conducted, a single arbitrator will conduct the arbitration -- as agreed-upon by the Parties within ten (10) business days following the commencement of Arbitration, or as alternatively determined pursuant to the JAMS rules -- and said arbitrator shall issue a reasoned written decision. The award shall be final and binding on the parties; judgment may be entered on the award by any court with jurisdiction and by any state or federal court in Nashville, Tennessee, the jurisdiction and venue of which you and RAPID both agree, and such a judgment shall not be subject to modification, appeal, or vacation except as allowed by Sections 10 and 11 of the Federal Arbitration Act, which the Parties hereby agree apply to these Terms. Except as otherwise explicitly stated in this Agreement, the arbitrator shall have the sole and final authority to decide on the validity, applicability, and scope of the arbitration provisions of this agreement, as well as the arbitrability of a Party's claim(s).

Arbitration fees

If RAPID initiates arbitration or you initiate arbitration of claims valued at $25,000 or less, RAPID will pay all JAMS filing, administration, case management, hearing, and arbitrator fees ("JAMS Fees"), so long as you have fully complied with the Notice of Dispute requirements in Section 13.d. If you seek relief valued at greater than $25,000, the payment of JAMS Fees shall be governed by the JAMS Rules. Nothing in this Section 13.e prevents the arbitrator from reallocating the JAMS Fees in accordance with the JAMS Rules in the event that the arbitrator finds that a claim violates the standards set in Federal Rule of Civil Procedure 11.

30-Day period to reject arbitration

You may opt out of this Section 13 of the Terms within thirty (30) days of execution by providing written notice to RAPID Health Optimization, LLC, Attn: Legal Department, 5747 Nanjack Cir, PMB 152, Memphis, TN 38115. To be valid, an opt-out notice must (i) include your name, the email address we have on file for you, and a statement that you are rejecting the arbitration provision in the Terms; and (ii) be received by RAPID within 30 days after your initial acceptance of the Terms. If you elect to opt-out under this paragraph, you agree that all other terms and conditions herein stated and stated in other agreements between you and shall remain in full force and effect; that includes, without limitation any other arbitration agreements between you and RAPID.

Time Limitation on Claims

To the fullest extent permitted by applicable law, you and Function agree that any claim, dispute, controversy, matter, or cause of action arising out of and/or relating to RAPID, our Affiliates, these Terms, our Services, our Products, a transaction in connection with one or more Products and/or Services, Personal Information, and/or one or more of third-party products and/or services arising out of and/or relating to our Services and/or Products shall be permanently barred if it is not filed and/or submitted for arbitration within one year of when the alleging party knew or reasonably should have known of the issue or matter giving rise thereto. Notwithstanding the foregoing, this paragraph shall not apply to the filing and/or submission of any counterclaim.

Changes to Terms

RAPID reserves the right to modify these Terms at any time. Continued use of services constitutes acceptance of the revised Terms.

Contact Information

For questions or concerns, contact us at:

RAPID Health Optimization
5747 Nanjack Cir
PMB 152
Memphis, TN 38115

Email: legal@rapidhealthoptimization.com