Effective Date: 10/20/23
THIS AGREEMENT PROVIDES FOR “BINDING ARBITRATION” AND “CLASS ACTION WAIVER.” THESE TERMS WILL AFFECT AND LIMIT YOUR LEGAL RIGHTS. PLEASE READ THEM.
NO MEDICAL ADVICE – FDA DISCLAIMER.
THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE ARTICLES OR OPINIONS PUBLISHED HERE HAVE BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE INFORMATION PRESENTED IS FOR ENTERTAINMENT, EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS QUALIFIED HEALTH OR MEDICAL ADVICE. ANY ACTION YOU TAKE ON THE BASIS OF INFORMATION ON OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK AND EXPENSE. PLEASE CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY ISSUE CONCERNING YOUR HEALTH AND WELLNESS.
You agree that we do not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment. We do not evaluate the need to seek medical attention. The content provided to you is not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal, or homeopathic supplement and with any questions you may have regarding a medical condition.
Our content teams search for interesting and up to date content, articles, and opinion pieces to post on our Website. We support their efforts through marketing. All products and services identified on or through our Website are the property of third-parties with whom we have a financial connection. This financial connection may affect where the products are placed on our Website. We do not recommend or endorse any of the third-party advertisers which appear on our Website or throughout the content of our Website.
All of our Content is of a general opinion nature and does not address the circumstances of any particular individual. We do not guarantee the accuracy or timeliness of any opinion pieces on our Website. We do not intent nor do we have any qualified professional or medical personnel to distribute medical advice, nor does any information on our Website constitute a comprehensive or complete analysis of any health issues, illness or treatment protocols. Use of any posted information is as is and at your sole risk. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information provided on our Website. We strongly recommend that before making any decisions for treatment or taking any supplements based on such information on our Website, you consult the appropriate professional.
MARKETING MATERIALS AND LINKS.
We support our Website by marketing third-party services and products. By registering on our Website, you are giving your consent to receive newsletters, promotions, or other emails of a commercial nature from us. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive.
We provide hyperlinks in our content which belong to websites operated by third-parties. When you use these hyperlinks, you will be connected to a third-party’s website. We have no control over these websites or their content and are not responsible for their availability or their content. We do not adopt, endorse, or claim responsibility or liability for any such website or their content including advertising, products, or services available through such website. We do not review or monitor the content on such sites and as such shall not be responsible or liable for any links from those websites to any other website, or for any content, advertising, products or services available on or through such other websites for any loss or damages incurred in connection therewith.
Our Website contains intellectual property such as software, text, graphics, images, sound recordings, video works, and other material provided by or on our behalf (collectively “Content”). The Content may be owned by us or licensed to us by third-parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may use the Content only with our written permission and you must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or otherwise use the Content in any way for any commercial purpose. In addition, there are trademarks, service marks, and logos on our website that are owned by us or licensed to us by the third-party owner. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission.
You may be given the opportunity to post and/or create content through the Website. We cannot and do not review all user comments and as such we are acting as a passive platform and conduit for distribution of the your and others content. However, we may remove your content for any reason, in our sole discretion.
You expressly agree that once you submit your content for posting on the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to your content including any personally identifying information that you may make available. You retain all copyrights and other intellectual property rights in and to your content, but upon posting grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, translate, format, distribute, publicly display, and otherwise use or exploit your content in any commercial manner we wish to in our sole discretion.
If you submit content to use, you are representing and warranting that such submission is your original creation, that you have the rights necessary to grant the license to us for the content and that our use of it does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.
NO WARRANTIES PROVIDED.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, ACCURATGE SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED INFORMATION OR SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
LINKS TO EXTERNAL SITES.
The Website contains links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others. You should contact the site administrator or webmaster for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. We are not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Website; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
COMPLIANCE WITH APPLICABLE LAWS.
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT.
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been improperly posted on our Website in a manner that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Binding Arbitration.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this Section. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date of such dispute, including the Optional Appeal Procedure provided for in such rules (“Arbitration Rules”). The arbitration shall be conducted in in the county and state of the defending party before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
- Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Section of these Terms is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the state of Florida
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
This Agreement is governed by the internal substantive laws of the State of Florida without respect to its conflict of law’s provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties,” Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “General Provisions.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
This Agreement constitutes the entire agreement between you and us and governs your use of the Website and Service, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.