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Terms and Conditions

Last Updated July 3rd, 2023

These Terms and Conditions make it possible for the Company to provide you access to the Service which provides content intended to help the community expose, explore and push back against threats to your health as means to extend Healthspan, Age-Well, and Stay-Younger Longer.

In addition to these User Terms and Conditions we recommend you also review the Privacy Policy and the Disclaimers and Disclosures that further inform your use of the Service.  By using the Service, you completely agree to the Terms and Conditions, Privacy Policy, Disclaimers and Disclosures.

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with another party.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Arbitration: a form of alternative dispute resolution that resolves disputes outside the judiciary courts.
  • Country refers to the United States of America
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Centrificus, Inc.
  • Claim: equitable or monetary demand for losses relating to your use of the Service bound by the Terms, Disclaimers, and Disclosures you agreed to by using the Service.
  • Content refers to content such as comments, posts, text, images, videos, records or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, laptop, server, cellphone, smartphone, or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Goods refer to the items offered for sale through the Service
  • Mediation: Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to marketing promotions offered through the Service.
  • Service refers to the Websites: centrificus.com, crowdscalecatalyst.substack.com, healthspanextension.substack.com, healthconspiracies.com, healthspanextension.com, vitalityprograms.com
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to the Service or other 3rd party websites.
  • You or User means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Your Data means any data and content stored or transmitted via the Services by or on behalf of You. This includes messages you send, files you upload, comments on files, and anything else you enter or upload into Health Conspiracies.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who may access or use the Service.

By using the Service, you completely agree to the Terms and Conditions, Privacy Policy, Disclaimers and Disclosures located at https://www.crowdscalecatalyst.com/legal/. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any parts of these Terms and Conditions You may not access the Service.

These make it possible to provide and allow you to interact with the Content as an individual and with other users at crowd scale to achieve results that make possible fulfillment of our highest potential as we age.

Any dispute or claim relating in any way to your use of the Service is bound by the Dispute Resolution section which includes a binding Arbitration agreement which may significantly affect your legal rights including your right to file a lawsuit in court and to have a jury hear your claims.

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy, Disclaimers, and Disclosures carefully before using Our Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Grant of the License

Subject to these Terms Our Privacy Policy, Disclaimers, and Disclosures the Company hereby grants you a limited, revocable, personal, non-exclusive, and non-transferable right to access our Website solely for the use of the Service.

During your use of the Service, you must comply with the allowed uses and all use limitations and all restrictions listed the Terms, Policies, Commitments, and Codes of Conduct.

Content

Your Right to Post Content / User Generated Content

Our Service allows and encourages You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, factualness, and appropriateness.

By posting Content to the Service, You grant the Company irrevocable perpetual free rights and free license to use Your User Generated Content (UGC) including but not limited to Comments, Posts, Stories, Articles, Blogs, Images, Pictures, and Videos to earn revenues and profits that Support the Service and operations of the Company without cost, renumeration, profit, commission or revenue share or any other form of compensation, equity, or value to You, or any party affiliated with you, or any Affiliate with interest in your Content.

The Company profits are typically earned through but not limited to: advertising via Ad-network and affiliate marketing agreements related to page views, click through, product and services sales, and 3rd party product and services agreements.  The Company and Service may modify, publicly perform, publicly display, reproduce, and distribute such UGC on and through all of the Company’s Services and marketing materials and campaigns. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

If for any reason such grant is ineffective, You agree to assign the Company a free non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, post, blog about, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

At your request the Company may agree to remove UGC posted by you but are not under any normal circumstances obligated remove it unless you are found to be infringing on the rights of others or it accidently contained personally identifiable information (PII) that can’t be corrected without removing it.  The Company reserves the right to remove the PII and repost Your Content to the Service.

Through this license You retain rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that:

  • the Content is Yours (You own it) or You have the right to use it and grant the Company the rights and license as provided in these Terms
  • and the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Your Commitments

To ensure good functioning, and in exchange for such services, we require that you commit to the following, notably when accessing and using the Services:

  1. You must be a human. Use of the Service by “bots” and other automations is prohibited.
  2. You agree to these Terms as an individual, or for Your company
  3. If You have communicated Your login to Your account to a third party, or Your access code, voluntarily or involuntarily, You will be entirely responsible for any decisions that the third party may make on Your behalf from the Service. We are not responsible for the actions of third parties, which will be deemed to be Your actions. Your use of the Website is at Your sole risk. Services are provided on an “AS IS” and “AS AVAILABLE” basis.  We will not be liable for failure to deliver or transmit any information from Your account, which is Your sole responsibility.
  4. If You send Us any questions, comment, suggestion, enhancement, idea, and other information regarding Our Service, We will be entitled to use them without any restriction, whether commercial or not, free-of-charge and in perpetuity.
  5. You must use the Service fairly, in accordance with these Terms, applicable laws and regulations, including intellectual and industrial property laws. The Service may contain elements, materials and content copyrighted and/or protected by patent and/or intellectual property laws.
  6. Trademarks, designs, models, images, texts, photos, logos, graphic charts, and programs, databases, domain names, designs or any other element composing the Website are the exclusive property of Our Company and are protected by any intellectual or industrial property right recognized by the laws in force.

Code of Conduct

The User acknowledges and agrees that:

  1. The Company is not required to review any type of comment, post, or uploaded content that is published and/or distributed through the Service;
  2. The Company has the right (but not the obligation) to deny, and terminate at its discretion, the User’s ability to comment, post, or uploaded content and/or distribute the content made available through the Service, including removing Your account;
  3. You must solely evaluate all risks associated with the use of content because You are solely liable to third parties for their actions related to Your use of the Service, including when such actions result in a violation of the rights and legitimate interests of third parties, as well as for compliance with current laws and regulations when using the Service;
  4. It is prohibited to comment, post, upload, submit, publish and/or distribute content on the Service that:
    • Is not related to general health, wellness, medicine, geroscience, biology of aging, longevity, education, research, policy, news, associated societal and cultural implications, and related industry services to the aging population.
    • Contains sensitive health-related information that can be used to identify someone else, for example spouses and parents are forbidden to submit identifiable information about each other or their children. This includes but is not limited to: first and last names, email addresses, identification numbers on documents like Driver’s license passport or health record account numbers and laboratory reports, medical bills and invoices, aliases, social media handles, photos, radiology reports, clinical visit and case notes, etc. Categories of sensitive health information to be certain are NOT personally identifiable when you post or upload them include but are not limited to: Diseases, medical conditions, and injuries; Sexual and reproductive health; Mental health and psychological states; Types of medical devices and health trackers; Medical procedures / treatments / testing; Medications / supplements (OTC and prescription); Body specifications, bodily activities and biological cycles; Physical locations that identify a health condition, or places of treatment / counseling.
    • Makes false promises of health benefits not supported by quality research or citizen science projects;
    • Intentionally misleads users or contains inaccurate or deceptive information;
    • Contains obscenities and/or hate speech or offends or exploits the trust of the community or another user;
    • Promotes hate and/or discrimination against people by race, ethnic, sexual orientation, religious, social views and cultural beliefs, eye color, age, property status, national or social origin, etc.;
    • Initiates or promotes unrelated forum topics like: religion, abortion, gambling, drugs, guns, white nationalism, Nazi ideology, antisemitism, and antidemocratic conspiracy theories;
    • Offends or denigrates another person or user for lack of knowledge or experience;
    • Is knowingly false or easily proven to be untrue resulting in potentially malicious, defamatory, slanderous content;
    • Denigrates, denounces, or derides another business, company, person, or their actions, goods or services without basis or a pattern of facts warranting reasonable speculation and opinion as constitutional free speech;
    • Violates intellectual property rights, copyrights, trademarks, distribution and publication rights;
    • Demonstrates (or promotes) illegal activities, violence, cruelty, criminal and/or terrorist actions, child or animal abuse;
    • Contains elements (or promotes) pornography, child erotica, and other sexual content not related to health and physiological wellness;
    • Anything that may lead to the exploitation or poses a potential physical, mental, or health related threat to minors;
    • Makes inappropriate claims of potential financial gain or fraud;
    • Advertises counterfeit goods or hazardous goods and services which may be harmful to health and wellbeing;
    • Creates a false or fake sense of urgency in the text or image that calls the visitor to unreasonable action;
    • Contains fake consumer reviews, posts, comments and/or their imitation;
    • Constitute unsolicited commercial email or unsolicited bulk or spam;
    • Advertises high-risk investments or impossible ‘get-rich-quick’ or ‘pyramid’ type of schemes;
    • Explains the procedure for manufacturing, consuming, or otherwise using narcotic substances or their analogs, as well as explosives or other weapons;
    • Contains malware, phishing, or spam;
  5. The Company reserves the right to deny, at its discretion, the User to publish and/or distribute the content and/or delete such content available through the Service without providing any justification.

Personally Identifiable Health Information

This is not a HIPAA compliant service, information is not encrypted and could get hacked.  Anything you comment to, post, share, submit, or upload to the Service is obviously visible to everyone on the plant with an internet connection. They are not all your friends. Do not share personally identifiable contact information, social handles photos or images, etc. that can be linked back to you. The internet backups everything everyday; there is no way to take it back after you publish it.  You are personally liable for anything you submit to and publish on the Service and any damage it may do to the Company, other businesses, or individuals.  Proceed with caution.

If you chose to or inadvertently share, reveal, your personally identifiable sensitive health information You agree that under no circumstances will the Company be liable in any way for any content or any loss or damage of any kind incurred as a result of Your use of the Service or any content on the Service.  In these Terms and Conditions you also agree to Indemnify and Hold Harmless the company for any actions or claims made against the Company attributable to Your interactions on the Service or your Content. This means YOU could pay both Your and the Company’s legal fees and any damages awarded in Small Claims Court or Arbitration.

As a community we need to be able to discuss health, wellness, and aging in general and specific terms in blogs and comments and posts so that we may work to expose, explore and push back against threats to our health; medical care as it is now and what it can be in the future; emerging geroscience research and information related to the biology of aging as means to extend Healthspan, Age-Well, and Stay-Younger Longer.

While in general you have the right to share your personal stories and health-related information as constitutionally protected free speech and you likely do it all the time, on the Service this MUST be done anonymously without personally identifiable information that could lead to the revealing of your identity or that of anyone else especially family, friends, coworkers, strangers or anyone else – even survivors of the dead may have rights.

Best practice is to use an alias, fictious username, or pseudonym for your username that is NOT traceable to you. Don’t reuse your Facebook/Meta, Instagram, Twitter, gaming handles or anything like that.  Don’t use your real name or initials in your comments, posts, and stories and avoid sharing anything like medical reports, or images, with your name, address, health record number, phone, fax or email or financial information with account numbers, etc. without removing, covering up, blotting out or blocking that information.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and Conditions and the Privacy policy and to refuse or remove this Content to include terminating and deleting your account and all of Your Content on the Service with or without notice. The Company further reserves the right to make formatting and edits and to change the manner of any Content. The Company can also limit or revoke the use of the Service if You post objectionable Content.  The Company may delete your account all of the data related to it; give you an opportunity you to change your username, create a new username, and continue under a new alias with compliant anonymous, posts, and other submissions.

Product Orders, Returns, Refunds, Exchanges

Thank you for supporting the Company and community.  Your purchases help make it possible to provide free and low-cost content as means to extend Healthspan, Age-Well, and Stay-Younger Longer.  Custom print-on-demand products are offered so that you can proudly show your support for our mission and vision by purchasing great products.

Each product is a one-off custom build just for you and as such is not returnable for buyer remorse, wrong size or color or exchanges. However, things can go-wrong in production, shipping, and delivery. Within three weeks after receiving your order you must contact the Company with any Printful issues. We are happy to coordinate with Printful and get back to you. They are a quality company and work hard to make it right when something goes sideways on their end.

Please see the store policy here regarding Returns, Refunds, and Exchanges :  Ben to add URL link to the store policies which I added as a GPR in Basecamp

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Availability, Errors, and Inaccuracies

We are constantly updating Our offerings of Goods on the Service and strive to maintain with accuracy and high quality. The Goods available on Our Service from time to time may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available through Stripe services.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization or in the event of a charge back request, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew unless You cancel it or the Company cancels it.  The Company will provide You with prior electronic notice of the pending renewal to the email address on file.

Subscription Cancellations and Refunds

You may cancel Your Subscription renewal through Your Account settings page or if that somehow fails by contacting the Company. Except when required by law, paid Subscription fees are non-refundable. You will not receive a refund or proration for the fees You already paid for Your current Subscription period. You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company may attempt to reprocess payment, and/or will issue an electronic invoice to your email on file indicating how to resolve the issue or proceed with manual payment(s), within a certain deadline date.  You agree you are responsible for full payment of the unpaid outstanding balance despite any interruption of automatic billing processes.  Late fees, and formal collection processes will apply after 90 days.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with electronic notice of any change in Subscription fees in the renewal notice sent to the email address on file. Supplemental to the initial Subscription agreement, Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount and continued automatic renewals.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.  You may be required to enter Your billing information in order to sign up for the Free Trial.  If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired.  You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Donations and Gifts to the Company

Acceptance of any contribution, gift or grant is at the discretion of the Company.  Gifts are not taxable deductible at this time.  Centrificus, Inc is a for-profit company.

No irrevocable gift, whether outright or life-income in character, will be accepted if under any reasonable set of circumstances, we learn the gift jeopardized the donor’s financial security.

The Company will accept donations of cash or publicly traded securities. Gifts of in-kind services will be accepted at the discretion of the Company. Certain other gifts, real property, personal property, in-kind gifts, non-liquid securities, and contributions whose sources are not transparent or whose use is restricted in some manner, must be reviewed prior to acceptance due to the special obligations raised or liabilities they may pose for The Company.

By default, the Company will provide acknowledgments to donors for donations and gifts received by the Company.

The Company will respect the intent of the donor relating to large donations and gifts for restricted purposes and those relating to the desire to remain anonymous. With respect to anonymous gifts, the Company will restrict information about the donor to only those staff members with a need to know.

Donations and gifts can be received anonymously without visibility to the Community by selecting the option at checkout or coordinating with us in advance.

The Company will not compensate, whether through commissions, finders’ fees, or other means, any third party for directing a gift or a donor to the Company.

You can coordinate directly with us by selecting the Donations drop down link in the Contact Us page

User Accounts and Passwords

When You create an account with Us, it is important to provide information that is accurate, complete, and current. Your password must be sufficiently complex and you should change it on occasion to protect Your and Our data. Failure to do so may result in temporary suspension or eventual termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Data

You are solely responsible for your conduct, the content of Your Data and Your communications with other users while using the Service. For example, it’s Your responsibility to ensure that You have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others.

You acknowledge that the Company is under no obligation to monitor any information on the Service and that We are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content You may be able to access using the Service.

Nothing in these Terms will restrict the Company from collecting, using and analyzing general information and data from its customers (including You) in an aggregated manner for purposes of improving and enhancing the quality and nature of Service, or to market or publish general information and statistics, provided that the Company does not specifically identify you or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what We do with Your Data and how We collect and use other information relating to You and Your use of the Service is explained in our Privacy Policy.

The Company will take measures designed to protect Your Data in accordance with “Applicable Data Protection Laws” and Our Privacy Policy.

Data and Content Backups

Although regular backups of the Service Content are performed, the Company does not guarantee there will be no loss or corruption of data.  Corrupt or invalid backup points may be caused by, without limitation Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will attempt to troubleshoot any known or discovered issues that may affect the backups of Content and attempt to resolve Data migration issues. But You acknowledge that the Company has no liability related to the integrity of Your or Our Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Your Content and Data commented, posted, or uploaded to the Service in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via the Contact Us form using the DMCA drop down option and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email 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, 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.

You can contact our copyright agent through the Contact Us form using the DMCA drop down option.  Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

Ownership / Copyright

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our Content, Copyrighted information, and Trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

References to User

Unless the User requests otherwise by providing a notice to the Company, the Company may use User’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“User Marks”) in presentations, marketing materials, User lists, financial reports, and website listings (including links to User’s website) for the purpose of advertising or publicizing User’s use of the Service.

User-Generated Content

It’s important to understand what User-Generated Content is all about. User-Generated Content, also known as UGC, refers to content such as text, images, videos, reviews, etc., that are created by Users and made available on Our Website.

As a Website, we take copyright infringement very seriously. We want to make sure that all the content on our site is legal and completely above board. That’s why we ask Users to agree not to violate any copyright laws when creating and sharing User-Generated Content.

Our team is constantly monitoring User-Generated Content to make sure that no copyright infringement occurs. In the event that we discover any such violation, we will remove the content in question and take appropriate action. This could include a warning, suspension of your account, or even legal action if necessary.

Your Feedback submitted to Us

You agree to have grant all rights, title and interest in any Feedback (Suggestions, recommendations or other ideas) to improve, enhance, or expand the Company and Services upon submission to the Company.  You grant the Company irrevocable perpetual free rights and free license to use You Feedback to earn revenues and profits that Support the Service and operations of the Company without cost, renumeration, profit, commission or revenue share or any other form of compensation, equity, or value to You, or any party affiliated with you, or any Affiliate with interest in your Content.

If for any reason such grant is ineffective, You agree to assign the Company a free non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, post, blog about, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service contains links to third-party web sites or services that are not owned or controlled by the Company.  The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Risk Of Exposure

You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that uploading and posting your comments, images, videos, health records and any other data to or transmitting it through Our system, you assume these risks. We offer no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.

It is important to be aware of the risks that subsist on the internet and how to minimize them:

  1. a) Exposure to inappropriate material
  2. b) Illegal activities
  3. c) Harassment
  4. d) Legal and financial risks
  5. e) Identity theft
  6. f) Cyberattack
  7. g) Invasion of privacy
  8. h) Data breach
  9. i) Scams

Cyberattack Disclaimer

A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption or other nefarious reasons. Normally, a cyberattack is carried out by someone who is not, or was not, a member of the organization.

The Company strives to protect Users against cyberattacks. We use popular WordPress and WPengine hosting security measures to protect Our Users.

While We take measures to ensure security, We are not liable for any cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the Service is at Your sole risk. In no event will the Company, the Company’s professionals or their officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use data or other intangible losses arising out of or related to your use of the Website and Services.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.  Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service by deleting your account and data.

Indemnification

Except to the extent prohibited by applicable law, you are responsible for your use of the Service, and you will at Your expense defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your use of, or misuse of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.

We reserve the right to participate in defense and control of any matter related to claims against the Company subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to fully cooperate with defense of those claims against the Company.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, direct, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Warranty Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution and Arbitration Agreement

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company through the Contact Us form. These Terms limit liability, please read all Terms carefully.

You agree that any legal claim arising out of or relating in any way to Your use of the Service and Terms under or equal to $1,000 USD shall be resolved in the El Paso County Small Claims court of the State of Colorado.

Before proceeding to Arbitration (at the expense of the filing party), You and the Company agree first to try in good faith to settle the dispute by Mediation administered by the American Arbitration Association under its Commercial Mediation Procedures.

At the expense of the filing party You and the Company agree any legal claim arising out of or relating in any way to your use of the Service or the Terms exceeding $1,000 USD shall be settled by binding Arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Foreign / International Users

While the Company is based in the United States of America (USA) and intends to primarily serve Services to residents of the USA, if You are a Foreign / International User or consumer, there may be limited situations where mandatory provisions of the law of the country in which you are resident in provide additional rights.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of the Term and Conditions, Privacy Policies, Cookie Policy, Disclosure or Disclaimers is held to be unenforceable or invalid or found to be in conflict with foreign laws or regulations, such provision will be changed and interpreted to accomplish the objectives of such provision under applicable law and the remaining provisions will continue in full force and effect.  Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach

Translation Interpretation

These Terms and Conditions may have been translated into languages other than English. If We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make efforts to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us through the Contact Us webpage form on the Service using the Legal drop down option.