ACCEPTANCE OF THE TERMS OF USE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE SIGNIFIES THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE OR UTILIZE THE COMPANY’S SERVICES.
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Stoma Guru LLC (“Company,” “we,” or “us”). This Agreement and the following terms and conditions, together with any documents or separate policies they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.stomaguru.com and the Company’s services, including any content, information, functionality and services offered on or through www.stomaguru.com and/or through the Company’s email addresses (collectively, the “Website”), whether as a guest or a registered user, and also governs your communications with the Company and its staff members. This Agreement governs the purchase and sale of goods and services (including educational information) through the Website and all information the Company provides to you. By way of clarification and not limitation, this Agreement governs: i) any and all information, links, recommendations, options, posts, experiences, examples, pictures, videos, products, goods, services, and third-party information provided, identified, mentioned, shared, distributed, suggested, or recommended by the Company, Kevin Bonikowski or any other individual associated with the Company (whether verbally, via email, via writing, via text message, via electronic communication or through the use of other means) through the Website, blog posts, publications, any social media platforms, and telephone or email communications, ii) payments for services; and iii) any and all information, links, recommendations, options, posts, experiences, past treatment information, past services utilized, past medicines used, medical conditions, ostomy care, ostomy concerns, ostomy issues, health issues, medical information, medical conditions, health issues, health concerns, examples, pictures, videos, audio clips, products utilized, potential producs you are exploring to use, goods utilized, goods you are exploring to use, services utilized, services you are exploring to use, and third-party information provided, identified, mentioned, shared, distributed, suggested, or recommended by you or any other individual associated with the your care (whether verbally, via email, via writing, via text message, via social media site, via electronic communication or through the use of other means) through the Website, any social media platforms, email communications, or verbal discussions. Any individual who utilizes the Website, communicates with Kevin Bonikowski or other Company staff members as a result of, following, or in connection with the Website or social media platforms, and any individuals who are the subject of discussions with the Company or its staff, will be bound by this Agreement, even if such communications occur outside of the Website.
The Company may change these Terms of Use at any time, without prior notice, in the Company’s sole discretion, and such changes will be effective immediately upon posting on the Website. You should check these terms and conditions periodically because your continued use of the Website and continued engagement with the Company will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Website and engagement of the Company and its staff’s services. You should also carefully review the Company’s Privacy Policy before utilizing the Website or placing an order for products or services through the Website.
Please read the Terms of Use carefully before you start to use the Website and communicate with the Company’s staff. By using the Website and communicating with the Company’s staff, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, published on the Website (and subject to the Company’s updating, without prior notice and in the Company’s discretion) (the “Privacy Policy”), incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, then you must immediately discontinue your use of the Website and the Company’s services. Your continued use of the Website, communications with the Company’s staff, or accessing the Company’s services will signify your continued agreement to this Agreement.
This Website is offered and available to users who are either: i) eighteen (18) years of age or older, or ii) have their parent or legal guardian consent in writing and represent to the Company that the user is authorized to use the Website and interact with the Company, and reside in the United States or any of its territories. By using this Website and utilizing the Company’s services or Company information, you represent and warrant that: i) you are: a) of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements; or b) you are under eighteen (18) years old, but as a condition precedent to using the Website or interacting with the Company or its staff, your parent or legal guardian has checked the box on the Website agreeing to this Agreement and consenting to your use of this Website and interacting with the Company and its staff; and ii) you are: a) an individual with or in need of a stoma and interested in the educational material from the Company and its staff; or b) you are accessing the Website and interacting with the Company on behalf of another individual with or in need of stoma and interested in the educational material from the Company for such individual, and you have the legal authority (e.g., parent of the subject individual, guardian, authorized representative, court-appointed authority) to enter into this Agreement with the Company on behalf of such individual. If you do not meet all these requirements, you must discontinue access and/or use of the Website. Company does not knowingly interact, or collect data from users under (18) years of age and Company reserves the right to terminate any transaction or interaction with any user if it is learned that the user is under the age of eighteen (18) and parential consent has not been acquired.
NO MEDICAL ADVICE
By using the Website, utilizing any information provided by the Company of its staff, or otherwise consuming any content or other communicated information by the Company and its staff, you expressly acknowledge and agree that such information is being provided for educational information purposes only and does not constitute medical advice (of any kind) or any recommended course of treatment (of any kind). Your utilization of the services offered by the Company and any information provided by the Company does not create any patient-treating provider relationship and you are solely liable for consulting your treating providers (including physicians, advance practice nurses, nurses, and other healthcare practitioners who are involved in your treatment) about any and all aspects of ostomy and other care and health issues/courses of treatment, and no information, recommendations, products, services, links to third-party resources or products mentioned by the Company or its staff is intended to provide any medical or general health care. Any and all information provided by the Company and its staff is for educational purposes only. You should consult with your treating healthcare providers about any care, products, treatment or other courses of care that you elect to utilize before utilizing any such care, products, treatment or other course of care. To the extent that you utilize any products or services or make any decisions based on the information you learn from the Company or its staff members, you are advised to consult with your treating healthcare providers before utilizing any such information or treatment and you assume any and all risk associated with your decisions and you are solely liable for damages related therefrom. The Company and its staff disclaim any such liabilities. The Company and its staff are not liable for any liabilities associated with your use of any products or services or treatment of any ostomy, even if mentioned by the Company or its staff. To the extent that you have any damages (of any kind), deterioration of medical conditions, infections, medical complications, medical issues, health issues, death, etc., you are solely liable for any such damages, and nothing makes the Company or its staff responsible (in any manner) for any such issues. As the Company and its staff are not providing any medical/health/nursing or other health services, you acknowledge and agree that any information that you share with the Company or its staff in any manner or through any medium is not protected by The Health Insurance Portability and Accountability Act of 1996, as amended, or other federal or state healthcare privacy protections. You represent and warrant that all information that you provide to the Company is truthful and accurate. You further understand that the educational information that the Company provides to you is based on the facts and circumstances you have provided to the Company and is unique to such facts provided to the Company. The educational information that the Company provides is soley for education, and the Company is not liable for any alleged damages incurred by you or any third parties from the redissimation of any such information to any third-party individual or entity, and you are liabile (and will indemnify the Company and hold the Company harmless) for any such redissimination.
INTELLECTUAL PROPERTY RIGHTS
Copyright
The Website and its entire contents (including related pages), features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your Web browser for display enhancement purposes; you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications. You may also print or download the coupons or other promotional discounts provided on this Website as frequently as you wish.
You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; and you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected] and only do so upon receipt of the Company’s prior written approval.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
All rights in the trademarks, service marks, company logo(s), trade names, produce names, product packaging, and designs of the Company or an affiliated third party, whether or not appearing in large print or with trademark symbol, belong exclusively to us or their respective owner and are protected under United States trademark copyright laws. You must not, and expressly agree you will not, use, download, reproduce, or transmit such marks without the prior written permission of the Company or the owner of the mark.
Copyright Infringement
If you believe that any content on the Website infringes upon any copyright you own or control, please send written notification to us at [email protected]. Your email must explain the basis for the alleged infringement.
Our Marks
The Company reserves the right to add additional Marks that identify its products and services to this Website at any time, and it might be updated at any time. Other trademarks, service marks and trade names that may be used on this Website to identify the products and services of other companies are the property of their respective owners. The Company makes no claims to these trademarks.
CHANGES TO THE WEBSITE
We make an effort to keep the information on this Website reliable and accurate, but we do not guarantee the reliability or accuracy of any of the information on either this Website or on sites that are linked to this site. The Company also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. User are responsible for making all necessary arrangements to have access to the Website and to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. This information may include, by way of example and not limitation, your first and last name, your email address, your phone number, and your physical mailing address, and/or information about you. It is a condition of your use of the Website that all the information you provide on the Website or to the Company is correct, current, and complete and that you have the authority of the person whose information is being provided. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website or other communications, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
To access the Website, you are not required to register with us. However, certain sections, features of the Website, or additional communications from us may only be available to users who have provided certain personally identifiable information to us / registered (“Registered Users”). All Registered Users agree to accurately maintain and update any personal information provided to us. Active users may only have one (1) Registered User account for the Website at any given time.
If you choose, or are provided with, a user-name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at: [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PROHIBITED USES
You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Further, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; use any manual or automated process to monitor, copy, or scrape any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and/or otherwise attempt to interfere with the proper working of the Website.
ELECTRONIC COMMUNICATIONS
All communications that we provide to you will be (1) via email, (2) SMS text, (3) an online technology platform, (4) by a designated website sent to you in an email or website notice; or (5) via verbal conversations. You are responsible for any fees imposed by your cell phone service provider even if your use of our service causes those fees to change. The Company assumes no liability for any costs associated with text messages that we or our staff send to you. Any messages sent by us are also subject to any terms and conditions of your agreement with your cell phone provider. You specifically agree to receive and/or obtain “Electronic Communications” from the Company. The term “Electronic Communication” includes, but is not limited to, documents, statements, data, records, pictures, videos, links, and any and all federal, state, and/or local laws and regulations that we are required to notify you of. You acknowledge that, for your records, you are able to retain the Company’s Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to when agreeing to the terms of this Agreement. By accepting this Agreement, you give us your affirmative consent to provide electronic communication to you and if requested, you will provide us with a valid and current email address and cell phone number which we may send Electronic Communications to.
PAYMENT TERMS
All prices posted on the Website are subject to change without notice. The price charged for a product or service (or educational information) will be the price in effect at the time you engage our service and will be set out in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within the Company’s sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before the Company and its staff’s provision of services. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices and all applicable taxes. If you fail to pay for any services, we reserve the right to discontinue services and you remain liable for fees incurred prior to our discontinuationof services. Notwithstanding any termination of the relationship between you and the Company for any or no reason, you remain liable for the payment of the fees owed to the Company in full and will not be entitled to any reimbursement or refund of any partial payment.
TERMINATION
We may terminate your use of the Website or any of its features and the relationship with you at any time and for any or no reason without notice. Upon any such termination, you must destroy all content obtained from the Website and all copies thereof. The provisions of this Agreement concerning the Website security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained as potential products, services, advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites, products or services offered by such sites, or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or use any products or services linked through the Company’s Website or otherwise communicated by the Company and its staff (even outside of the Website), you choose to do so entirely at your own sole risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code that may be harmful to your device(s). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, CELL PHONE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ELECTRONIC COMMUNICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY COMMUNICATIONS BETWEEN YOU AND THE COMPANY’S STAFF OR TO YOU CLICKING LINKS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, USE OF ANY WEBSITE LINKED TO IT, OR FOR ANY PRODUCTS UTILIZED BASED ON INFORMATION CONVEYED BY US. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TO YOUR HEALTH, MEDICAL CONDITION, TREATMENT, MANAGEMENT, OR OTHER HARM TO YOU, IT BEING EXPRESSLY AGREED THAT THE COMPANY AND ITS STAFF ARE NOT PROVIDING ANY HEALTHCARE OR HEALTHCARE ADVICE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN HEALTH AND WELLBEING AND ANY HEALTHCARE RELATED MATTERS ARE SOLELY BETWEEN YOU AND YOUR TREATING PROVIDERS.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHERWISE OBTAINED BASED ON COMMUNICATIONS WITH US IS AT YOUR OWN SOLE RISK. THE WEBSITE, ITS CONTENTS (AND CONTENTS COMMUNICATED TO YOU) AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH OTHER COMMUNICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE APPROPRIATE OF PRODUCTS OR SERVICES COMMUNICATED BY US. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, INFORMATION COMMUNICATED BY THE COMPANY AND ITS STAFF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHERWISE COMMUNICATED WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, STAFF, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, OWNERS, OR STAFF BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY COMMUNICATIONS BETWEEN US (EVEN OUTSIDE OF THE WEBSITE), ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES OR COMMUNICATION METHODS, OR OTHERWISE AS A RESULT OF COMMUNICATIONS WITH US, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, DEATH, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE PAID TO OUR COMPANY DURING THE PRECEEDING TWO (2) MONTH PERIOD. TO THE EXTENT THAT YOU DECIDE TO ORDER ANY PRODUCTS OR SERVICES FROM ANY THIRD PARTY (EVEN IF IDENTIFIED BY OUR SERVICES), YOU MUST SEEK ANY DAMAGES FROM SUCH THIRD PARTY PRODUCT OR SERVICE PROVIDER AND THE COMPANY AND ITS STAFF ARE NOT LIABLE FOR YOUR ELECTION TO USE ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, DAMAGES RELATED TO YOUR WELLBEING (OF ANY KIND, INCLUDING DEATH), ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR RELATIONSHIP WITH THE COMPANY, COMMUNICATIONS WITH THE COMPANY, EDUCATION PROVIDED BY THE COMPANY, ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
INDEMNIFICATION
You agree to defend, indemnify, reimburse and hold harmless the Company, its owners, managers, employees, officers, agents, staff and licensors and service providers, and any and all respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, or your health status or any resulting deterioration of same. This indemnification provision is intended to be as broad as permissible under applicable law to shield the Company and its staff from any potential liabilities.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the State of Michigan (without regard to the rules governing conflicts or choice of laws). They contain the entire understanding and agreement of the parties relating to the subject matter. In the event that any provision of these terms and conditions is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.
ARBITRATION
Any controversy or claim arising out of or related to this Agreement or use of the Website, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org or by searching the American Arbitration Association’s website. One neutral arbitrator shall preside over the arbitration. Arbitration will be held in Macomb Township, Michigan, and you consent to such jurisdiction. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, the Company and you will pay equally share all costs unique to arbitration, except that you shall be required to pay the filing fee.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN FOUR (4) MONTHS AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms of use, for any failure or delay in our performance for any reason or under these terms of use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, pandemic, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
ENTIRE AGREEMENT
These terms of use, including the Privacy Policy and any other documents or policies integrated herein, constitute the sole and entire agreement between you and the Company with respect to your use of the Website and communications with the Company and its staff and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and communications with the Company and its staff.
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us at: [email protected].
NOTICES
To You. We may provide any notice to you under these terms of use by: (i) sending a message to the email address you provide to the company upon becoming a Registered User; or (ii) by texting the cell phone number you provide to the company upon becoming a Registered User. Notices sent by email or text message will be effective when we send the email or text. It is your responsibility to keep your email address and cell phone number current.
To Us. To give us notice under these terms and conditions, you must contact us as follows: (i) by email to: [email protected]. We may update the email address for notices to us by posting a notice on the then-current Terms of Use. Notices sent to the foregoing email will be effective upon delivery.
ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without the Company’s prior written consent. Any purported assignment or delegation in violation of these terms and conditions are null and void. No assignment or delegation relieves you of any of your obligations under these terms and conditions.
NO WAIVERS. The failure by us to enforce any right or provision of these terms or conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
NO THIRD-PARTY BENEFICIARIES. These terms and condition do not and are not intended to confer any rights or remedies upon any person other than the individual obtaining educational information from / purchasing a service from the Company.
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