Terms and Conditions of Use Agreement
Please read this Agreement carefully before you view any of the information, materials, blogs, programs, videos, or other content contained or offered on or through this website (the “Website Content”), as this Agreement governs the terms and condition of your use of the Website Content. For the purposes of this Agreement, “use” or “using” Website Content means to use, utilize, rely on, or employ the Website Content for any reason or purpose, or to take any action based upon the Website Content.
The Website Content is for educational and informational purposes only and is not intended as, and shall not be understood or construed as, medical, health, or any other professional advice.
The Website Content is intended for users who are 21 years of age or older. By viewing or using the Website Content, you represent and warrant that you are at least 21 years of age. If you are not at least 21 years old, you must not view or use the Website Content.
Your use of the Website Content is subject to the Company’s Disclaimer and Liability Waiver. The Disclaimer and Liability Waiver is incorporated herein and made part of this Agreement by this reference. As set forth more fully in the Disclaimer and Liability Waiver, by using the Website Content, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the Website Content. Please review our Disclaimer and Liability Waiver before you view the Website Content by clicking on the Disclaimer link at the bottom of our Home Page.
No Guarantees or Warranties
As set forth more fully in the Disclaimer and Liability Waiver, the Company has not made any warranties or guarantees, express or implied, about the Website Content or the results of your use of any of the Website Content.
Changes to this Agreement
We may revise and update this Agreement from time to time in our sole discretion and without notice to you. All changes are effective immediately when posted on this website, or any future Company website, and apply to all use of the Website Content thereafter. Your continued use of the Website Content following the posting of any such changes means that you accept and agree to the changes. You are encouraged to check the Company’s website from time to time regarding any changes to this Agreement, as they are binding on you.
Access to Website Content
Some Website Content is only accessible for a separate fee which may be set forth on this website, or in a separate written agreement between you and the Company, which is payable by credit card or other form of payment approved by the Company. In either case, this Agreement shall govern your use of the Website Content, unless otherwise agreed to in writing by the Company.
You may be asked to register with us and to provide certain information about you as a condition to accessing some or all of the Website Content. You agree that all the registration information you provide to us about you is accurate.
We reserve the right to withdraw or change the Website Content in our sole discretion at any time without notice. We will not be liable if for any reason all or any part of the Website Content is unavailable at any time or for any period.
The Company reserves the right, in its sole discretion, to disable any user name, password or other identifier and to terminate or restrict your access to the Website Content at any time, without notice.
The Website is controlled by the Company from the Company’s offices within the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination of Services
The Company reserves the right, in its sole discretion, to terminate any of the services it provides to you at any time, without notice.
Use of Intellectual Property
This website, the Website Content, programs, associated materials, and all related trademarks, copyrights, text, graphics, logos, images, forms, software used to access and/or download Website Content, and other related intellectual property is the exclusive property of the Company (the “Company IP”). You are granted a non-exclusive, non-transferable, revocable license to use the Website and Website Content strictly for your personal use in accordance with this Agreement. You understand and agree that, by entering into this Agreement or otherwise using the Website Content, you do not acquire any ownership rights in any of the Company IP. You may not edit, revise, or alter any of the Company IP. Any copying, reproduction, transmission, distribution, dissemination, sale, licensing, transfer, creation of derivative works, or exploitation of the Company IP by you without the Company’s express written consent is prohibited.
Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and/or on the Website, satisfy any legal requirement that such communications be in writing. Neither this Agreement nor any such email or other electronic communication creates any contractual relationship, partnership, joint venture, or other business relationship between you and the Company.
Links to Third Party Websites and Services
The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the website or any association with its operators.
Unless otherwise agreed to by the Company in writing, all sales are final, and the Company does not offer any refunds or money-back guarantees.
The invalidity or unenforceability of any provision in the Agreement shall not in any way affect the validity or enforceability of any other provision, and this Agreement shall be construed in all respects as if the invalid or unenforceable provision had never been part of the Agreement.
This Agreement shall be interpreted, enforced and governed by and under the laws of California.
Venue and Jurisdiction
This Agreement is entered into and performed exclusively in the County of San Diego, State of California. The exclusive venue and jurisdiction for any legal action, arbitration or other legal proceeding arising out of or relating to this Agreement shall be San Diego County, State of California. In the event that you or the Company file any legal action, arbitration, or other proceeding arising out of or relating to this Agreement, you agree to submit to the personal jurisdiction of the State of California and waive all defenses, objections, and rights on the basis that the County of San Diego, State of California is an improper or an inconvenient forum or venue.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof including, without limitation, the determination of the scope, enforceability, or applicability of this agreement to arbitrate, shall be determined by arbitration is San Diego County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. Judgement on the award rendered may be entered by any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.