Effective date: January 1, 2023
THIS AGREEMENT CONTAINS "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" PROVISIONS. THEY AFFECT YOUR LEGAL RIGHTS. SO PLEASE READ THEM.
THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE ARTICALS OR OPINIONS PUBLISHED 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 THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND EXPENSE. YOU ARE ADVISED TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY ISSUE CONCERNING YOUR HEALTH AND WELLNESS. You should not use the information on the Website for diagnosing or treating a health problem or disease. 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. Never disregard or delay seeking medical advice because of something you have read on the Website.
- MEDICAL AND FDA DISLAIMER.
We are a marketing company that focuses on health related information, services and products. The 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. 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 information posted in the opinion pieces on our website. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information provided on our Website.
- Sending you Marketing Materials and Links.
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 select use these hyperlinks you will be leaving our Website and going to the 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.
YOUR USE OF THIRD-PARTY WEBSITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS AND PRIVACY NOTICES.
- Changes to Website, Terms, and Policies.
We reserve the right to change any information, feature, or functions of our Website without prior notice. We may deny you access for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third-party or are otherwise inappropriate. We are not responsible for any errors in our Website or technical problems in our system.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and our services, without notice, and to remove any comments that do not adhere to our guidelines.
- Our and Our Clients' Intellectual Property.
The Website contains intellectual property including software, text, graphics, images, sound recordings, audio, videos, and other material provided by us or by our clients ("Content"). The Content may be owned by us or licensed to us by third-parties. It 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.
Users may be given the opportunity to post and/or create content through the Website. We do not review all user comments and as such we are acting as a passive platform and conduit for distribution of others content. We may remove user content if it violates the terms of this Agreement or is offensive or otherwise unacceptable to us 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.
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.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACTUAL CLAIMS OR ANY OTHER CLAIMS OF ANY NATURE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
- Disclaimer of 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 owners of that Sites if you have any concerns regarding such links or content located on such Third-Party Sites. We are not responsible for the content of any linked Third-Party Sites
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.
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.
- Termination of Access to our Website.
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.
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. These Terms will be governed by and construed in accordance with the laws of the State of Delaware 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 Website, 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 the county and state of the Company's principal office before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator's decision shall be controlled by these 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.
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.
- PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF.
Severability and Governing Law. 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 but the then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware
Governing Law. This Agreement is governed by the internal substantive laws of the State of Delaware, 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."
No waiver. 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.
Entire Agreement. 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.
- Electronic Communications.
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.