Date Effective: January, 2017
These Terms of Service (the “Terms”) act to govern the use of and access to the products and services ("Services") offered by FLOWACTIV, Inc., and any and all related subsidiaries, affiliates, and companies (collectively "Company") including, but not limited to the following:
This website (the "Site") is wholly owned and operated by The Company.
B. TERMS OF SERVICES (“TERMS”); INTRODUCTION
Please make sure to read these Terms carefully before accessing any services, content, data, or digital information of any sort located on the Site.
Your access to and use of the Site is conditioned upon your acceptance of and compliance to the following Terms. The Terms shall apply to any person accessing or using the Services on the Site.
Our Services are diverse; we sometimes add additional terms or product requirements (including age requirements) that may apply. Additional terms will be available with the relevant Services, and those additional terms become part of this Agreement with us if you use those Services. In the event that a specific service requires additional Terms, they will be clearly marked as “Additional Terms.”
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
If you object to anything in this Agreement you are not permitted to use the SERVICES. Use of Services despite objections to anything in this Agreement will automatically constitute a violation of these Terms and a waiver of and any all rights that may otherwise apply to users in compliance with these Terms.
The Company, its employees, contractors, or moderators may, at any time, suspend or terminate access to our Services immediately, without prior notice and without liability, for any reason whatsoever, including breach of any of these Terms. All provisions of the Terms which, by their nature, shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination for breach of the Terms, you are prohibited from accessing the Services or the Site again for any matter whatsoever.
The website's content and the product for sale is based upon the author's opinion and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You should do your own research and confirm the information with other sources when searching for information regarding health issues and always review the information carefully with your professional health care provider before using any of the protocols presented on this website and/or in the product sold here. Neither the company nor the author is engaged in rendering medical or similar professional services or advice via this website or in the product, and the information provided is not intended to replace medical advice offered by a physician or other licensed healthcare provider.
The Company maintains an online information service (the "Site"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Company MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND OF THE MODIFIED AGREEMENT.
The Company Site (the "Site") is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Company MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR OF THE MODIFIED AGREEMENT.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY ILLNESS OR DISEASE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTION OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.
II. COPYRIGHT, LICENSES, AND IDEA SUBMISSIONS
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Company, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of materials from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Company by all means and in any media now known or hereafter developed. You also grant to Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Company.
A. TRADEMARKS, REGISTERED SERVICE MARKS, PATENTS, AND INTELLECTUAL PROPERTY
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks as well as the exclusive intellectual property of the Company. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Use of intellectual property for reason other than those specifically mentioned above without the express written consent of the Company, the Service, or one of its responsible parties constitutes a breach of federal and state law, specifically The United States Copyright Act, 17 USC §§ 101 – 810 and the Digital Millennium Copyright Act.
B. OUR LIMITED LICENSE TO YOU.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
C. YOUR LICENSE TO US.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Company from their creation. Thus, Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
III. ACCESSING AND USING THE SITE
You understand that, except for information, products or services clearly identified as being supplied by Company, Company does not operate, control or endorse any information, products or services on the Internet in any way. Except for Company-associated and branded information, products, or services; all information, products, content, and services offered through the Site or on the Internet, in general, are offered by third parties not affiliated with Company. Your continued use of the Site serves as your acknowledgement and understanding that Company cannot, shall not, and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or any other type of malicious code capable of causing harm to your system. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data, including your own antivirus or malware-detection software. The Company makes no express or implied warranty to provide any type of antivirus or anti-malware software scans of any type nor shall the company be held liable for any damage caused to your system due to your negligence in scanning downloaded files.
A. ASSUMPTION OF RISK.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Company PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Company SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Company DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
B. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY BE LIABLE FOR (i.) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii.) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES COMPANY LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN OTHER JURISDICTIONS THAT ALLOW FOR THE EXCLUSION OF LIABILITY, THE MAXIMUM RECOVERY AVAILABLE SHALL BE LIMITED TO THE COST OF YOUR SUBSCRIPTION FEES TO ACCESS THE SITE.
Company makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-Company web site, please understand that it is independent from Company, and thus, Company has no control over the content contained therein. In addition, a link to a Company web site does not mean that Company endorses or accepts any responsibility for accessing the content, or the use, of such web site; or for the content itself.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
V. THIRD PARTY RIGHTS.
The provisions of these Terms are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party entities associated with the Service. Each of these individuals or entities shall have the right to assert and enforce the provision of these Terms directly against you on their own behalf.
VI. TERMS OF SALE.
A. RISK OF LOSS.
In the event you purchase a physical product that is shipped to you (not a digital download) said items purchased on our Sites are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
B. PRODUCT DESCRIPTIONS.
Company makes reasonable efforts to describe its products and/or services accurately. However, no product description given by Company shall be construed as a guarantee of accuracy, completeness, or reliability. If you believe any product offered by through our Sites does not meet the product description, your sole remedy is to return said item and/or request a refund.
Except where noted otherwise, the list price displayed for products on our Site represents the estimated price based on standard industry practice or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, We will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. We will notify you if there are shipping restrictions relevant to your order. Once an item leaves our possession, it becomes the sole responsibility of the shipping company to deliver it free from damage in transit. If you are concerned with the ability of a shipping company to deliver the item free from damage, it is your responsibility to inquire with the Company before shipment regarding the availability of shipping insurance. If such insurance is available and you opt to include coverage, you shall be responsible for all costs associated with this optional coverage.
(i). Delivery Times. Digitally downloaded products are available immediately on receipt of payment. Physical products may take up to three weeks to be delivered depending where your shipping destination is and whether the product you ordered is on backlog. The Company makes no warranty or guarantee, express or implied, of time associated with shipping once the product leaves the possession of the Company.
(ii). Shipping Costs. Shipping costs for orders from our Sites depend upon the method and option you choose. Please also note that the shipping rates for many items We sell are weight-based. To reflect the policies of the shipping companies We use, all weights will be rounded up to the next full pound. Digital products do not have a shipping cost attached to them.
E. RETURNS AND REFUNDS.
You may return any product (except supplements) purchased on our Sites within sixty (60) days of purchase for a full refund. Supplements may be returned within thirty (30) days of delivery for a full refund. In the event you are requesting a refund for a digital product, your refund will be processed immediately and your access to the said product will be revoked. In the event you have purchased a physical product, we will process the refund once we have received and processed the returned product. In both cases, we will notify you via e-mail of your refund. We will strive to issue a refund in the same form of payment originally used for the purchase within five (5) business days of our receiving your return. If you paid directly from your bank account, it may take up to 10 additional business days for the credit to be posted to your bank account. If you paid by check, it will take longer for you to receive the refund. If you have not received a refund within twenty-five (25) business days from the day you sent us your return, please e-mail Us for further assistance.
To see if you qualify for a full refund of your order, please contact our support team through the “Contact Us” page on the Site.
Our Sites accepts the following credit cards: Visa, MasterCard, Discover, and American Express. We also accept check cards from Visa and Mastercard. Our secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we may notify you by e-mail and/or attempt to process the payment a second time.
VII. USE BY COMPANY OF YOUR INFORMATION AND LIKENESS
Company does not claim ownership rights over any information, data, text, files, media, or other materials and content you make available or use in connection with the Services or use in connection with your account ("Info"). You remain the owner of all Info that you submit to the Services. Such information will be known as "Private Information". The Company does not claim any ownership or license rights in or to any Private Information, and will not use any Private Information except as set forth in this Agreement unless otherwise disclosed to you.
"Your Information" is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Services, its social media channels or by direct communication, including without limitation that posted or transmitted for use on our website on publicly accessible areas, on or to our social media accounts or received by our customer service representatives and partners. You are solely responsible for your Information, and we act merely as a passive conduit for your online distribution and publication of your Information. The information and materials described in this Section, as provided by each User, are collectively referred to herein as "User Generated Content." You hereby represent and warrant to Company that your Information will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You agree that Company is not liable for any User Generated Content.
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in Your Information, including the right to grant additional licenses to your User Generated Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Generated Content, or to attribute your User Generated Content to you. You will not make or authorize any claim against us that our use of your User Generated Content infringes any of your rights.
VIII. PROPER USE OF SITE; LIMITATIONS OF; SPECIAL CIRCUMSTANCES; PROHIBITED ACTIONS
The Services are intended to be accessed and used only for non-time-critical functions, and information. Our aim is to provide a reliable and readily available Services, however, the Services, including certain features thereof (e.g. remote access and mobile notifications) are not intended or guaranteed to be reliable or available 100% of the time. In addition, some features of the Services may be subject to sporadic interruptions and failures for reasons beyond Company control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications, and carriers. We cannot and do not guarantee that you will receive notifications or have access to the Services in any given time or at all.
You acknowledge that Customer Care and Support contacts cannot be considered and are not a lifesaving solution for people at risk, and they are no substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services in your area.
System Requirements. Certain features of the Services may not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the applicable Product; (ii) a registered Services account; (iii) mobile clients such as a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Company. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Services may not work as described if the requirements and compatibility have not been met.
A. ONLINE COMMERCE.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
B. INTERACTIVE FEATURES, PROHIBITED ACTIONS.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user. Company does not control any messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
(i) Restrict or inhibit any other user from using and enjoying the Site.
(ii) Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(iii) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
(iv) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
(v) Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
(vi) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
(vii) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
(viii) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
(ix) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
(x) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
(xi) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
(xii) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Company may host message boards, chats, and other public or private forums/groups on its Sites or on social media platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public or private forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company's outside contributors, or by users not connected with Company, some of whom may employ anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed.
The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own medical/health professionals.
Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results and shall not be construed as such in any way. In fact, your results may vary significantly and factors such as your market, personal effort, and many other circumstances may and will cause results to vary.
E. REFUND POLICY.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Visit the Contact Us page on the Site.
You must include the following information:
This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its subsidiaries.
IX. IN-APP PURCHASES & SPECIAL PROMOTIONS.
From time to time, the Company may offer additional products and services for purchase through the Apple App Store, Google Play or other application platforms ("In-App Purchases"). If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (your "IAP Account"), and your IAP Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your IAP Account. In all cases, please refer to the terms of your application platform which apply to your in-app purchases.
Company may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms of Service.
X. DISPUTE RESOLUTION; ARBITRATION, SEVERABILITY, AND CLASS ACTION WAIVER.
A. Arbitration Agreement: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and any dispute shall be subject to binding arbitration in Delaware. The choice of arbitrator shall be at the sole discretion of the Company.
B. Severability: If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
C. Class Action Waiver: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
XI. CHANGES TO THIS AGREEMENT AND THE SERVICE.