1.1 “Anonymous Information” shall mean information that does not, or could not, reasonably be used to identify a specific individual.
1.2. “Collected Information” shall mean, collectively, Personally Identifiable Information, Anonymous Information, and any other information collected during your use of the Services.
1.3. “Content" shall have the meaning ascribed to it in Section 4.1.
1.4. “Minors” shall mean any individual under the age of 18.
1.5. “Personally Identifiable Information” (or “PII”) shall mean information that would identify you, directly or indirectly, and is submitted to us by you while using the Services, including, but not limited to, your name and address, e-mail address, phone number, and any other information that allows a reasonable person to identify the individual user.
1.6. “Third Party Content” shall mean any features or links to various third party content or functionalities provided by third parties.
1.7. “Trademarks” shall mean any and all marks used in connection with the Services, including without limitation the STRIKE WITH AVITAL and SOTERIA trademarks.
1.8. “Updates” shall mean any additions, changes, revisions, and software updates to any of the Services.
1.9. “Use License” shall have the meaning ascribed to it in Section 5.
1.10. “User Content” shall mean the various types of information you submit, upload, post, create, or otherwise voluntarily provide to us in order to access or utilize the Services.
1.11. “You” or “Yours” shall mean the User downloading, installing, or using the Services, or using any of the content or features made available therein.
2.1. IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THE SERVICES WITH THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
2.2. IF YOU ARE A PARENT OR GUARDIAN, AND YOU CONSENT TO YOUR CHILD’S USE OF THE SERVICES, BY PROVIDING SUCH CONSENT YOU AGREE TO BE BOUND BY THESE TERMS WITH REGARD TO YOUR CHILD’S USE. YOUR CHILD MAY NOT USE THE SERVICES WITHOUT YOUR CONSENT, PERMISSION, SUPERVISION, AND INVOLVEMENT. IF YOU DO NOT AGREE, YOU AND YOUR CHILD MAY NOT ACCESS OR USE THE SERVICES.
2.3. We reserve the right to include any updates to the Services and the Content (as defined below) at any time. Updates will be deemed part of the Services for all purposes under these Terms. You acknowledge that you must routinely download and permit installation of updates in order to obtain maximum benefit from the Services and consent to our provision of automatic updates. These Terms will govern any updates provided by us, unless such update is accompanied by a separate terms and conditions.
2.4. We reserve the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in the Services from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on our sole discretion. In addition, we may charge users for certain content or functionalities which are currently available for free.
4.1. Subject to the provisions of these Terms, the Services and all of its subdomains, contents, including without limitation all links, software (whether downloadable or non-downloadable), interfaces, chat rooms, forums, mobile products, services, technology, user interfaces, profiles, widgets, messages, emails, graphics, images, video, code, sounds, music, games, videos, User Content, all audio visual or other material appearing within or emanating to and/or from the Services, as well as the design and appearance of the Services and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights to the Content.
4.2. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a prior written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.
4.3. All product, brand and company names and logos used on the Services are the Trademarks of their respective owners. You may not use of any of the Trademarks marks appearing on any of the Services, whether owned by, or licensed to, the Company without the express written consent of the Company, or, if applicable, the consent of the owner of the mark.
4.4. You may not use metatags or any other “hidden text” utilizing the Trademarks or any other name, trademark, service mark or product or service name of the Company without our prior written consent. In addition, the look and feel of the Services, including without limitation all custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written consent. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5.1. We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to download, install and make personal use of the Services (“Use License”). This Use License may be terminated by us, without notice, if you fail to comply with these Terms.
5.2. The Use License does not allow you to: (i) modify the Services or the Content, or any portion thereof, except with our express prior written consent; (ii) reproduce, retransmit, adapt, translate, distribute, duplicate, publish, republish, copy, sell, resell, lease, decompile, reverse engineer, disassemble, or otherwise exploit, make available, or make any commercial use of the Services or the Content or any portion thereof; (iii) collect and use any of our offerings, product listings, descriptions or pricing thereof or otherwise attempt to download and/or copy information for the benefit of another or in violation of the Use License; (iv) make any derivative use of the Services or the Content; (v) use any data mining or reverse engineering tools, spiders, robots, or similar data gathering and extraction tools; (vi) attempt to create or create source code from the object code; (vii) frame or utilize framing techniques, caches or similar techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) located within the Services.
5.3. Notwithstanding the above, when certain Content is made available for printing (such as certain materials or other features of the Services where a print key is indicated) you may print the page or the available material, as applicable, solely for your personal use or for non-commercial purposes subject to the Use License. Any unauthorized use of the Services or violation of these Terms and the Use License automatically terminates your permission to use our Services.
5.4. We attempt to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
5.5. The Services may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
From time to time, we reserve the right to offer, through the Services, special features or links to various third party content or functionalities provided by third parties (“Third Party Content”). Third Party Content may contain terms and conditions that will govern the use of such features. In such cases, any terms specific to Third Party Content will control in the event that there is a conflict with these Terms. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
7.2. In exchange for use of the Services, to the extent that the User Content does not include PII, and to the extent that your use of the Services gives rise to any intellectual property rights, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and freely transferable license to use, publish, reproduce, distribute, disseminate, copy, prepare derivative works of, and display, in whole or in part, the User Content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content, and you hereby waive any claim to the contrary. You acknowledge and agree that User Content may be utilized by our users in various ways over which we do not have any control and you expressly release us from any claims with respect to any use of User Content by any third parties.
7.3. We do not endorse any User Content submitted and expressly disclaim any and all liability in connection with such User Content. We reserve the right to remove or modify any User Content in any manner, at any time and without prior notice. If you find any inappropriate content within the Services, we encourage you to report such inappropriate content to: firstname.lastname@example.org.
7.4. We strictly prohibit the use of the Services for offensive, illegal or harming purposes. You agree not to use the Services (i) to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content, or (ii) for purposes that are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, as determined in our sole and absolute discretion. By downloading, installing or using the Services, you agree to only use the Services and the Content in a manner that is lawful in your jurisdiction. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7.5. You further agree not to use our Services in a manner that (i) is unlawful, fraudulent, deceptive, or impersonates any person or entity; (ii) uses technology or other means to access unauthorized content or non-public spaces or reverse engineer any functionalities of the Services; (iii) uses any type of automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; (iv) introduces or attempts to introduce viruses or any other harmful computer code or programs that interrupt, destroy or limit the functionality of the Services or related servers and networks; (v) attempts to gain unauthorized access to our Services’ users’ accounts (if applicable); (vi) constitutes a criminal offense or otherwise encourages criminal conduct; (vii) gives rise to civil liability; (viii) violates these Terms in any manner; (ix) fails to comply with the Terms applicable to Third Party Content; or (x) uses the Services for creating, sharing and sending unsolicited commercial messages, unsolicited or unauthorized advertising, promotional materials, political messages, spam, junk mail, chain letters, pyramid schemes or any other solicitation material.
7.6. Display of User Content on the Services does not constitute our approval or endorsement thereof. We reserve the right to remove any content that we deem to be illegal, offensive or inappropriate, in our sole discretion, and we reserve the right to take action against the user submitting such User Content, including, but not limited to, suspending any or all use of the Services, in any way or manner, or terminating such user’s account (if applicable).
8.1. Certain content and functionalities of our Services may require registration in order to be able to enjoy such content and functionalities. In order to register an account you may be asked to provide certain information when prompted. This information may include, without limitation, the following: (i) full name, email address, telephone number and physical address; (ii) user name and password; and (iii) payment information (if applicable).
8.2. We reserve the right to decide which content and functionalities require registration or will require registration in the future. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account.
8.3. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Services.
8.4. We reserve the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in our sole discretion.
9.. The Services may allow you to download certain applications to be used on mobile devices, such as smart phones or tablets (“Applications”). The download and use of the Company’s Applications is governed by these Terms and by any terms applicable to the Applications at the time you download such Applications onto your mobile device.
9.. If you are downloading, installing or otherwise accessing the Applications via an application store operated by a third party (for example, App Store®), you acknowledge that such third party is not a party to and has not agreed to these Terms or, otherwise, does not sponsor, endorse or have any affiliation with the Application. Your download of the Applications through such third parties is subject to their respective terms and conditions (e.g. App Store® usage rules).
9.. In the event that we charge a fee for downloading the Applications, such fee will be disclosed to you prior to downloading the Applications. These fees are subject to change. In the event that we change the fees charged for the Applications, we will not provide any type of price protection, refunds or promotional pricing for any reason. Use of the Applications may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Applications and the Applications may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your carrier to obtain further information.
THE SERVICES, INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU, ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE SERVICES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE SERVICES OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT, SHALL OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO US BY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY OR LIABILITY OF ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WHILE WE PROVIDE OUR PRODUCTS AND SERVICES WITH YOUR HEALTH AND SAFETY IN MIND, OUR PRODUCTS AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE UTILIZED FOR MEDICAL PURPOSES OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT OR INJURY OR TO REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. IT IS CRITICAL THAT YOU CONSULT YOUR HEALTHCARE PROFESSIONAL, FOLLOW ALL PROVIDED SAFETY AND OTHER INSTRUCTIONS, AND OBTAIN AUTHORISATION BEFORE ACCESSING OR USING ANY OF OUR PRODUCTS OR SERVICES, ESPECIALLY IF YOU ARE PRONE TO INJURIES, ARE PREGNANT OR MAY BE PREGNANT OR ARE NURSING, OR HAVE ANY MEDICAL CONDITIONS. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE USING OUR PRODUCTS OR SERVICES YOU SHOULD STOP IMMEDIATELY AND SEEK IMMEDIATE MEDICAL ATTENTION. YOUR USE OF OUR PRODUCTS OR SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN US AND YOU.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND WILL IN NO WAY GUARANTEE THAT YOU WILL BE IMPERVIOUS TO AN ASSAULT OR ATTACK OF ANY KIND AND THAT THERE IS NEVER ANY GUARANTEE THAT ANY TECHNIQUE WILL BE EFFECTIVE IN ANY CIRCUMSTANCE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY USE OR MISUSE BY YOU OF THE SERVICES OR THE CONTENT OR FOR ANY DAMAGES OR INJURIES SUSTAINED BY YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF MISUSE OF THE SERVICES OR THE CONTENT.
You agree to indemnify, hold us harmless and, at our option, defend us and our affiliates, and our licensors, officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of the Services or our products, services, or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account (if applicable), of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13.1. You may stop using the Services at any time and in your sole discretion, with no need for justification and with no charge provided that you contact us and request to delete your account. Note that the termination of an account does not delete the information posted by you and you may need to contact us directly to request editing, deletion or removal of such information. If your account is terminated, your rights to use the Services will cease immediately.
13.2. Company may terminate your use of the Services if, in our sole and reasonable discretion, you fail to comply with any term or provision herein, if you are a repeat infringer of any third party’s rights, or if you engage in conduct is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from the Services and all copies thereof, whether made under these Terms or otherwise.
Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.
15.1. You agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your downloading, installation or use of the Services or your use of the Content shall be solely settled by final and binding arbitration administered by the American Arbitration Association in New York City and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the above, we shall have the right to apply to any court of competent jurisdiction for temporary or permanent injunctive relief without breach of this section.
15.2. Without derogating from the above, any claim that you may have in connection with these Terms must first, and before taking any other legal action, be submitted to us in the form of a complaint to: email@example.com to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved as specified above.
16.1. We respect the intellectual property of others. If you believe that any material on the Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
16.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
16.1.2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
16.1.3. A description of where the material that you claim is infringing can be found on the Services, including specific links or pages, as is necessary;
16.1.4. Your address, telephone number, and email address;
16.1.5. A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
16.1.6. A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of the Company or any third party.
You agree to check these Terms periodically for new information and terms that govern your use of the Services. We reserve the right to make changes to the Services, our policies, and these Terms at any time. Posting the modified Terms will give effect to the revised Terms. We urge you to examine these Terms for changes. Your continued use of the Services indicates your acceptance of any revised Terms. If you do not agree to the revised Terms, stop using the Services and uninstall any applicable applications or features the Services immediately.
If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
You agree to receive communications from us electronically regarding these Terms and the Services, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.