Terms and Conditions
YOU SHALL NOT USE ANY OF THE SITES FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE THEM IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE ANY OF THE SITES IN A WAY THAT MAY CAUSE ANY OF THE SITES TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF ANY OF THE SITES IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF ANY OF THE SITES.
NO MEDICAL ADVICE
NOTHING IN THESE SITES SHOULD BE CONSTRUED AS MEDICAL ADVICE. THESE SITES MAY CONTAIN CERTAIN INFORMATION RELATING TO VARIOUS MEDICAL CONDITIONS AND TREATMENTS, BUT WE PROVIDE THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND IT IS NOT INTENDED TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. THE INFORMATION CONTAINED IN THESE SITES IS NOT INTENDED TO DIAGNOSE ANY HEALTH PROBLEM OR OFFER ANY MEDICAL TREATMENT. YOU MUST NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING A HEALTH OR FITNESS PROBLEM OR DISEASE OR FOR DETERMINING TREATMENT OPTIONS. YOU MUST ALWAYS CONSULT WITH A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION.
Intellectual Property Ownership and Use
You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within these Sites shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
You may not use, copy, distribute, or exploit any of the Sites Content in any manner without our prior written permission.
All Website Content and all materials and content contained within the Sites, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Sites, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
The Sites contain or may contain various interactive portions, such as a user forum or the ability for users to leave product that allow users to post content on our Sites (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to email@example.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
By using our Sites, you agree that:
- You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
- You will not make any false claims about our products.
User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information on our Sites as User Content, others will be able to see and use this information,
You are responsible for maintaining the confidentiality of your passwords and for restricting access to your computer and mobile device. You agree to accept responsibility for all activities that occur using your computer and mobile device.
If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other users of the Sites, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Sites.
This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Sites.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Sites. Unfortunately, despite those efforts, human or technological errors may occur. The Sites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Sites (or any part thereof) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Sites or any portion of it.
The Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Sites or because of a failure, suspension or withdrawal of all or part of the Sites.
External Websites and Resources
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITES. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
- Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in or near Manhattan, New York City, New York.
- Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
- The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with us remaining responsible for our share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
Class-Action Waiver: all claims to be heard on an individual basis only
You further expressly waive any ability to maintain any class action in any forum, including in arbitration. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Investigations of Violations of These Terms
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use these Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
In addition, we are located at 9 Fishers Lane, Suite E, Sparta, NJ 07871 and may be reached by email at email@example.com or telephone at 973-409-6541. Please contact us to resolve any issues with our Website that you may have.
You may send us notices or communicate with us by email at firstname.lastname@example.org. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.