Last updated: January 15th, 2021
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
This Website’s Terms & Conditions contains a choice of law provision. If you are accessing this Website from outside of the United States, the laws and regulations of your country of access do not govern this agreement or your access to the Website.
Your use of this Website shall be deemed to constitute your consent to be bound by the terms of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 14 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 14 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
1. Who is Eligible to Use the Website?
This Website is offered and available for use by adults (age 18 and over) who reside in the United States. By using this Website, you represent and warrant that you are (a) 18 years or older and have the legal capacity to enter into a binding contract with us; or (b) 16 years or older and if interacting with the website or otherwise posting, submitting, publishing displaying, or transmitting content to or through the Website, your parent or guardian consents to the Agreement and your parent or guardian has the legal capacity to enter into an Agreement with us. This Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website, or engage or interact with us in any way. If you use the Website, communicate or interact with us in any way, you are affirming that you are at least 16 years old.
2. Your Use of the Website
You must only use the Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent):
- copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
- modify, distribute or re-post any content on the Website for any purpose; or
- use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- not to disrupt or interfere with any other user’s enjoyment of the Website and affiliated or linked websites;
- not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any GHW trademark, logo or other proprietary information (including the images found on the Website or on any GHW social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without GHW’s written consent;
- not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- not to use meta tags or any other “hidden text” utilizing a GHW company name, trademark or product name without GHW’s written consent;
- not to deep-link to the Website without GHW’s written consent;
- not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- to comply with all applicable laws regarding your use of the Website.
3. User Generated Content
Subject to the terms of this Section 3 and, to the extent applicable, Section 2 above, you may post photographs, comments, video clips, reviews and other communications and content to the Website or any of our social media platforms (such content collectively referred to as “User Generated Content” or “UGC”). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any UGC. By posting or submitting UGC to the Website, a social media account or other platform owned or controlled by GHW, you grant GHW a non-exclusive, fully-paid up, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such UGC, including the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. GHW and any of its authorized third party contractors may use, transfer, copy, reproduce, distribute, publicly display, digitally perform, modify, create derivative works from and commercially exploit any UGC, including any ideas, concepts or know-how contained in a UGC for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such content.
You hereby give permission, authorization and license, if any, required by applicable law or third-party website or application terms and/or policies (including without limitation the Instagram Platform policy), for GHW’s transfer to and use by GHW and its authorized third party contractors of your private and personally identifiable information and any UCG for the purpose of providing marketing and technology and related services, sending applicable mails and recommendations, operation and improvement of any third party platforms, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes.
You represent and warrant that (a) you own, have or otherwise control all of the rights to the UGC, including without limitation, any consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for GHW and any of its authorized third party contractors to use the UGC for any lawful purpose; (b) the UGC is accurate; (c) the use of UGC does not violate this Agreement and will not cause injury to any person or entity; and (d) you will indemnify GHW for all claims relating to the UGC.
GHW has the right to:
- Remove or refuse to post any UCG for any or no reason in our sole discretion.
- Take any action with respect to any UCG that it deems necessary or appropriate in its sole discretion, including if it believe that such UCG violates these Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for GHW.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, GHW has the right to cooperate fully with any law enforcement authorities or court order requesting or directing GHW to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GHW AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Neither GHW nor its third party contractors shall be responsible or liable for any UGC. GHW and GHW’s authorized third party contractors shall have the right, but not the obligation, to monitor and edit or remove from any of their respective websites or platforms (each a “Platform”) any activity or content for any reason and without notice. You agree that you will only use a Platform for personal and non-commercial use.
4. Geographic Restrictions
GHW is based in the state of Florida in the United States. GHW provides this Website for use only by persons located in the United States. It makes 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 of the United States, you do so on your own initiative and are responsible for compliance with local laws.
5. Your Privacy
6. Reliance on Information Posted
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) PRESENTED IN THE WEBSITE IS MADE AVAILABLE SOLEY FOR GENERAL INFORMATION PURPOSES, IT IS NOT INTENDED TO BE PROVIDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND THE STATEMENTS MADE ON THE WEBSITE, HAVE NOT BEEN EVALUATED BY THE FDA (UNITED STATES FOOD & DRUG ADMINISTRATION). THE PRODUCTS AVAILABLE FOR PURCHASE THROUGH LINKS ON THIS WEBSITE, IF ANY, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THIS WEBSITE AND THE INFORMATION PROVIDED THROUGH THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR HEALTH AND UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY NEW SUPPLEMENT, PROGRAM, OR TREATMENT OR MAKING CHANGES TO YOUR HEALTH AND WELLNESS ROUTINE. IN ADDITION, THIS WEBSITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, BLOGGERS, AND THIRD PARTY LICENSORS. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY GHW, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS AND DO NOT NECESSARILY REFLECT THE OPINION OF GHW. GHW, ITS AGENTS AND REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, ADVICE, RECOMMENDATIONS, SERVICES, OR OTHER MATERIAL AVAILABLE ON THE WEBSITE. WHILE WE SEEK TO KEEP THE INFORMATION ON THESE MATERIALS ACCURATE AND UP-TO-DATE, GHW CANNOT GUARANTEE, AND SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY OR TIMELINESS OF ANY INFORMATION PROVIDED TO YOU OR MADE AVAILABLE ON THE WEBSITE.
7. Disclaimer of Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTION AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISSION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GHW DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE, THE SERVICES, ADVICE, CONTENT, INFORMATION OR RECOMMENDATIONS PROVIDED THROUGH THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GHW MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE ADVICE, CONTENT, INFORMATION, RECOMMENDATIONS, PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GHW OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Links from the Website
9. Products Available Through the Website
We may make certain products available to you through links featured on the Website. Your purchase of products made available through links featured on the Website is at your own risk.
All purchases through links featured on the Website are governed by the applicable terms and conditions of sale of the website where you completed the purchase.
10. Communicating with GHW, Electronic Communications and Signatures
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from GHW are monitored and recorded and YOU CONSENT TO SUCH MONITORING AND RECORDING. You verify that any contact information provided to GHW is true and accurate. You further verify that you are the owner or an authorized user of any telephone numbers, email addresses, etc. that you provide to GHW. You further agree that GHW and/or its agents may contact you at any telephone numbers, email addresses, etc. that you provide to GHW and/or its agents directly or that GHW obtains through other lawful means, such as skip tracing, including via text and/or an automatic telephone dialing system or artificial or prerecorded voice, for any purpose, including service or marketing, even if your telephone number is on a corporate, state or National Do Not Call Registry. You understand that you are not required to provide such consent as a condition of receiving any good or service, and that such communications may be made by or on behalf of GHW. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that GHW will not be responsible for these charges.
All information communicated on the Website is considered an electronic communication. When you communicate with GHW through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
11. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GHW, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT; (B) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES THROUGH THE WEBSITE; OR (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless GHW and all its directors, officers, employees, representatives, agents, contractors, co-branders, suppliers and affiliates from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (a) your use of the Website or a GHW controlled social media page or platform; (b) information you submit or transmit to GHW through the telephone, Website or any other method (including, but not limited to UGC); (c) any use of the Websites’ content, information, services and products, other than as expressly authorized in these Terms & Conditions; (d) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to GHW that is not owned by you, in contravention of this Agreement; or (d) your breach of this Agreement.
13. Termination, Suspension, Revision of Website
You agree that GHW may, in its sole discretion and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason, including, without limitation, any violation of these Terms & Conditions. You further agree that GHW shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event that your use of or access to the Website, is terminated, suspended or revised, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification and disclaimer regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on GHW’s liability, and pre-dispute procedures, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision.
14. Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, GHW or its affiliates, agents or representatives or any involved third party relating to your use of the Website, your relationship with GHW or this Agreement. This includes any and all Claims that arise from or relate in any way to your use of the products or services made available through the Website, your attempted use of such products or services, the use of the Website and any act or omission by GHW or any third party related to your use or attempted use of the products or services made available through the Website. You, GHW or any involved third party may pursue a Claim. GHW agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against GHW. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This includes Claims based on contract, tort, equity, statute, or otherwise, as well as Claims regarding the scope and enforceability of this provision. It includes all Claims by or against you, GHW and/or any affiliated person, company and/or agent or representative. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
As an exception to binding arbitration, you and GHW both retain the right to pursue, in a small claims court, any Claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. GHW will not demand arbitration in connection with any individual Claim that you properly file and pursue in a small claims court, so long as the Claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against GHW, you will first give us an opportunity to resolve your problem or dispute. You are required to send a written description of the issue to us, including, but not limited to the information or representations upon which you rely. You may send the written description by U.S. Mail to Great HealthWorks, Inc., 4150 SW 28th Way, Fort Lauderdale, FL 33312, Attn: Legal Department. You agree to negotiate with GHW or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after GHW’s receipt of your written dispute, you agree to the dispute resolution provisions below.
You and GHW agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred.
For your convenience, the arbitration may be conducted in the federal district where you reside. If both you and GHW agree, the arbitration may be held by telephone or through written submissions.
Organization, Rules and the Arbitrator
You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures (see www.jamsadr.com) and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal or visiting its website.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this Agreement and whether a non-signatory to this Agreement can enforce this provision against you or GHW.
The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own fees, costs and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses.
The arbitrator shall follow Florida substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final subject to appeal under the FAA.
This provision survives termination of your access to the Website, your relationship with GHW, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action) then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and GHW and shall not be modified except in writing by GHW.
GHW reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or service r through a GHW website or by any other method, or your use or attempted use of a product or service following the posting of an amendment to this arbitration provision constitutes your consent to such changes. Should the changes to this arbitration provision be material, GHW will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product or service available through the Website or use or attempted use of such a product or service is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE INITIAL DATE OF ACCESS TO THE WEBSITE OR YOUR PURCHASE, USE OR ATTEMPTED USE OF A PRODUCT OR SERVICE MADE AVAILABE THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO GREAT HEALTHWORKS, INC., 4150 SW 28TH WAY, FORT LAUDERDALE, FL 33312 ATTN: LEGAL DEPARTMENT.
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED THROUGH THE WEBSITE, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS OF THE INITIAL DATE OF PURCHASE, USE OR ATTEMPTED USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.
15. Choice of Law and Exclusive Venue for all other Controversies
This Agreement and your use of the Website is governed by the laws of the state of Florida, United States. You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions set forth in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Broward County, Florida and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
16. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement for any failure or delay in our performance under this Agreement when and to the extent that 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, war, invasion or hostilities (whether war is declared or not), terrorist threats, or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, 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.
17. GHW Remedies
In order to prevent or limit irreparable injury to GHW, in the event of any breach or threatened breach by you of any provisions of this Agreement, GHW shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting GHW from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
GHW may make changes to these Terms & Conditions, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms & Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, you should check to see if a new version of these Terms & Conditions has been posted.
19. Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that the Website, its entire content, features, and functionality including the design, selection, and agreement thereof, and any other content published by us or available through this Website or other pages or social media platforms we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos and content provided by suppliers, sponsors, or third-party advertisers (collectively the “Intellectual Property”), is protected by copyright, trademark, patent, or other proprietary rights and laws and are the property of GHW, its respective affiliates and/or third parties. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for your personal, internal use only, provided that you do not remove, alter or obscure GHW’s intellectual property right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of GHW company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
All trademarks and service marks displayed on the Website are the property of a GHW company or other respective owners. You may not use or display any trademarks or service marks owned by any GHW company without GHW’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
20. Copyright Policy
GHW respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, GHW may terminate Website access by users who appear to infringe the copyright or other intellectual property rights of others. Further, GHW will comply with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide notice to GHW via e-mail to: [email protected] (GHW’s copyright agent). Please include in the notice the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number and e-mail address.
- 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.
- A statement by you, made under penalty of perjury (e.g. notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct other inquiries regarding any infringement issues by email to [email protected].
21. Additional Terms
The GHW company operating this site or providing products and services through this site, may assign, transfer or sub-contract any of its rights or obligations under this Agreement to any third party or any GHW company at its discretion. You will not assign any of your rights or delegate any of your obligations under these Terms & Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. Any representations, warranties and indemnification obligations made or undertaken by you will survive cancellation or termination of your relationship with GHW. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you. No delay by GHW in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy or shall affect GHW’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by GHW in writing. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement supersedes and replaces any other terms previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.