Please read these Terms of Use (the "Agreement" or "Terms
of Use") carefully before using the website or services offered by EZ
GARD Industries, Inc. d/b/a Shock Doctor, Inc. This Agreement sets forth the legally binding terms and
conditions for your use of the website at https://www.glukosenergy.com, all other
sites owned and operated by EZ GARD Industries, Inc. d/b/a Shock
Doctor, Inc that redirect to
https://www.glukosenergy.com, and all subdomains (collectively, the “Site”), and the
service owned and operated by the Company (together with the Site, the “Service”).
By using the Service in any manner, including, but not limited to, visiting or
browsing the Site or contributing content, information, or other materials or
services to the Site, you agree to be bound by this Agreement.
Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained
in these Terms of Use, including the Privacy Policy available at
https://www.glukosenergy.com/pages/privacy, and all other operating rules, policies, and
procedures that may be published on the Site by the Company, which are incorporated by
reference. These Terms of Use apply to every user of the Service. In addition, some
services offered through the Service may be subject to additional terms and conditions
adopted by the Company. Your use of those services is subject to those additional terms
and conditions, which are incorporated into these Terms of Use by this reference. The
Company reserves the right, at its sole discretion, to modify or replace these Terms of
Use by posting the updated terms on the Site. It is your responsibility to check the
Terms of Use periodically for changes. Your continued use of the Service following the
posting of any changes to the Terms of Use constitutes acceptance of those changes. The
Company reserves the right to change, suspend, or discontinue the Service (including,
but not limited to, the availability of any feature, database, or Content) at any time
for any reason. The Company may also impose limits on certain features and services or
restrict your access to parts or all of the Service without notice or liability. The
Service is available only to individuals who are at least 18 years old (and at least the
legal age in your jurisdiction). You represent and warrant that if you are an
individual, you are at least 18 years old and of legal age in your jurisdiction to form
a binding contract, and that all registration information you submit is accurate and
truthful. The Company reserves the right to ask for proof of age from you and your
account may be suspended until satisfactory proof of age is provided. The Company may,
in its sole discretion, refuse to offer the Service to any person or entity and change
its eligibility criteria at any time. This provision is void where prohibited by law and
the right to access the Service is revoked in those jurisdictions.
Trademarks
“Glukos,” the Glukos logo, and other marks indicated on our site are trademarks owned
exclusively by Shock Doctor. The use of these trademarks and trade dress is prohibited
if used in connection with the sale of any product that is not Shock Doctor’s, in any
manner that seeks to disparages or discredit Shock Doctor or in any manner that may
cause confusion among our customers.
Copyright
All content on this website, is the exclusive property
of Shock Doctor. Said
content includes text, graphics, logos, icons, images, audio and video clips,
digital downloads, and software. Our content is protected by United States and
international copyright laws and we reserve all rights contained therein. In case of
dispute or infringement, we will rigorously defend our rights to this
material.
Rules and Conduct
As a condition of use, you promise not to use the
Service for any purpose that is prohibited by the Terms of Use or law. The
Service is provided only for your own personal, non-commercial use. You are
responsible for all of your activity in connection with the Service. You shall
not, and shall not permit any third party using your account to, take any
action, or Submit Content, that:
- infringes any patent, trademark, trade secret,
copyright, right of publicity, or other right of any other person or entity,
or violates any law or contract;
- you
know is false, misleading, or inaccurate;
- is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, tortious, obscene, offensive, profane, or invasive of another's
privacy;
- constitutes unsolicited or unauthorized
advertising or promotional material or any junk mail, spam, or chain
letters;
- contains software viruses or any other computer
codes, files, or programs that are designed or intended to disrupt, damage,
limit, or interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to
any system, data, password, or other information of the Company or any third
party;
- is made
in breach of any legal duty owed to a third party, such as a contractual
duty or a duty of confidence; or
- impersonates any person or entity, including any
employee or representative of the Company.
Additionally, you shall not: (i) take any action that
imposes or may impose (as determined by the Company in its sole discretion) an
unreasonable or disproportionately large load on the Company’s or its
third-party providers’ infrastructure; (ii) interfere or attempt to interfere
with the proper working of the Service or any activities conducted on the
Service; (iii) bypass any measures the Company may use to prevent or restrict
access to the Service (or other accounts, computer systems, or networks
connected to the Service); (iv) run Maillist, Listserv, or any form of
auto-responder or "spam" on the Service; or (v) use manual or automated
software, devices, or other processes to "crawl" or "spider" any page of the
Site.
You shall not directly or indirectly: (i) decipher,
decompile, disassemble, reverse engineer, or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of the Service, except
to the extent applicable laws specifically prohibit such restriction; (ii)
modify, translate, or otherwise create derivative works of any part of the
Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of
the rights that you receive hereunder. You shall abide by all applicable local,
state, national, and international laws and regulations.
Designers agree to not abuse other users' personal
information. Abuse is defined as using personal information for any purpose
other than those explicitly specified in the Designer ’s Project.
Voting
All votes must be voluntary and uncompensated. Votes may not be cast by any automated
method. Entrants may not vote for their own entries, may not compensate anyone in
exchange for votes, or otherwise obtain votes through fraud, coercion, or other unfair
means. Sponsor reserves the right to exclude any votes that have been obtained in
violation of these Rules.
Registration
You may view Content on the Site without registering, but as a condition of using certain
aspects of the Service, you may be required to register with the Company and select a
screen name ("User ID") and password. You shall provide accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of the Terms of
Use, which may result in immediate termination of your account. You shall not use as a
User ID, domain name, or project name any name or term that (i) is the name of another
person, with the intent to impersonate that person; (ii) is subject to any rights of
another person, without appropriate authorization; or (iii) is offensive, vulgar, or
obscene. The Company reserves the right in its sole discretion to refuse registration of
or cancel a User ID, domain name, and project name. You are solely responsible for
activity that occurs on your account and shall be responsible for maintaining the
confidentiality of your password for the Site. You shall never use another User account
without the other User’s express permission. You will immediately notify the Company in
writing of any unauthorized use of your account, or other known account-related security
breach.
Third-Party Sites
The Service may permit you to link to other websites or resources on the internet, and
other websites or resources may contain links to the Site. When you access third-party
websites, you do so at your own risk. Those other websites are not under the Company's
control, and you acknowledge that the Company is not liable for the content, functions,
accuracy, legality, appropriateness, or any other aspect of those other websites or
resources. The inclusion on another website of any link to the Site does not imply
endorsement by or affiliation with the Company. You further acknowledge and agree that
the Company shall not be liable for any damage related to the use of any content, goods,
or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and
Users and that the Content may be protected by copyrights, trademarks, service marks,
patents, trade secrets, or other rights and laws. You shall abide by and maintain all
copyright and other legal notices, information, and restrictions contained in any
Content accessed through the Service. The Company grants to each User of the Service a
worldwide, non-exclusive, non-sublicensable and non-transferable license to use and
reproduce the Content, solely for personal, non-commercial use. Use, reproduction,
modification, distribution, or storage of any Content for other than personal,
non-commercial use is prohibited without prior written permission from the Company, or
from the copyright holder. You shall not sell, license, rent, or otherwise use or
exploit any Content for commercial use or in any way that violates any third-party
right.
User Submitted Intellectual Property
By Submitting User Submissions on the Site or
otherwise through the Service, you agree to the following terms:
- The
Company will not have any ownership rights over your User Submissions.
However, the Company needs the following license to perform and market the
Service on your behalf and on behalf of its other Users and itself. You
grant to the Company the worldwide, non-exclusive, perpetual, irrevocable,
royalty-free, sublicensable, transferable right to (and to allow others
acting on its behalf to) (i) use, edit, modify, prepare derivative works of,
reproduce, host, display, stream, transmit, playback, transcode, copy,
feature, market, sell, distribute, and otherwise fully exploit your User
Submissions and your trademarks, service marks, slogans, logos, and similar
proprietary rights (collectively, the "Trademarks") in connection with (a)
the Service, (b) the Company’s (and its successors' and assigns’)
businesses, (c) promoting, marketing, and redistributing part or all of the
Site (and derivative works thereof) or the Service in any media formats and
through any media channels (including, without limitation, third-party
websites); (ii) take whatever other action is required to perform and market
the Service; (iii) allow its Users to stream, transmit, playback, download,
display, feature, distribute, collect, and otherwise use the User
Submissions and Trademarks in connection with the Service; and (iv) use and
publish, and permit others to use and publish, the User Submissions,
Trademarks, names, likenesses, and personal and biographical materials of
you and the members of your group, in connection with the provision or
marketing of the Service. The foregoing license grant to the Company does
not affect your other ownership or license rights in your User Submissions,
including the right to grant additional licenses to your User
Submissions.
- You are
publishing your User Submission, and you may be identified publicly by your
name or User ID in association with your User Submission.
- You
grant to each User a non-exclusive license to access your User Submissions
through the Service, and to use, edit, modify, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
solely for personal, non-commercial use.
- You
further agree that your User Submissions will not contain third-party
copyrighted material, or material that is subject to other third-party
proprietary rights, unless you have permission from the rightful owner of
the material or you are otherwise legally entitled to post the material and
to grant Shock Doctor all of the license rights granted herein.
- You
will pay all royalties and other amounts owed to any person or entity based
on your Submitting User Submissions to the Service or the Company’s
publishing or hosting of the User Submissions as contemplated by these Terms
of Use.
- The use
or other exploitation of User Submissions by the Company and Users as
contemplated by this Agreement will not infringe or violate the rights of
any third party, including without limitation any privacy rights, publicity
rights, copyrights, contract rights, or any other intellectual property or
proprietary rights.
- The
Company shall have the right to delete, edit, modify, reformat, excerpt, or
translate any of your User Submissions.
- The
Company cannot guarantee the identity of any other Users with whom you may
interact while using the Service.
-
All
Content you access through the Service is at your own risk and you will be
solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright
Act, Shock Doctor has adopted a policy of, in appropriate circumstances,
terminating User accounts that are repeat infringers of the intellectual
property rights of others. Shock Doctor also may terminate User accounts even
based on a single infringement.
Redemption Of Free Product And Coupon Offers
From time to time, Shock Doctor offers its clients
special offers and discount codes to be used in conjunction with this website.
These offers are frequently disseminated via this website and through email to
those who have registered for our email database. They are sometimes posted on
our home page (www.glukosenergy.com) or announced via other means of communication in
conjunction with the promotion of the Shock Doctor product collection, including
radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special
offers, but we respectfully ask that you not exploit them. Shock Doctor, at our
sole discretion, will determine if all purchasing criteria has been met to
qualify for stated discount or free product. If you successfully circumvent the
software safeguards of this website in order to receive several free products
with your order, then we will (at our sole discretion) remove any extraneous
free product from your order or cancel the order in its entirety. You will be
informed of any order changes via the phone number or email address listed with
your order. Please, play fair.
Termination
The Company may terminate your access to the Service, without cause or notice, which may
result in the forfeiture and destruction of all information associated with your
account. If you wish to terminate your account, you may do so by following the
instructions on the Site. All provisions of the Terms of Use that by their nature should
survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, and limitations of liability.
Warranty Disclaimer
The Company has no special relationship with or fiduciary duty to you. You acknowledge
that the Company has no duty to take any action regarding any of the following: which
Users gain access to the Site; what Content Users access through the Site; what effects
the Content may have on Users; how Users may interpret or use the Content; or what
actions Users may take as a result of having been exposed to the Content. The Company
cannot guarantee the authenticity of any data or information that Users provide about
themselves or their campaigns and projects. You release the Company from all liability
for your having acquired or not acquired Content through the Site. The Site may contain,
or direct you to websites containing, information that some people may find offensive or
inappropriate. The Company makes no representations concerning any Content on the Site,
and the Company is not liable for the accuracy, copyright compliance, legality, or
decency of material contained on the Service. The Company does not guarantee that any
Content will be made available through the Service. The Company has no obligation to
monitor the Service or Content. The Company reserves the right to, at any time, for any
reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a project;
(ii) remove, edit, or modify any Content, including, but not limited to, any User
Submission; and (iii) remove or block any User or User Submission. Shock Doctor reserves
the right not to comment on the reasons for any of these actions. The Service is
provided “as is” and “as available” and is without warranty of any kind, express or
implied, including, but not limited to, the implied warranties of title,
non-infringement, merchantability, and fitness for a particular purpose, and any
warranties implied by any course of performance or usage of trade, all of which are
expressly disclaimed. The Company, and its directors, employees, agents, suppliers,
partners, and content providers do not warrant that: (a) the Service will be secure or
available at any particular time or location; (b) any defects or errors will be
corrected; (c) any content or software available at or through the Service is free of
viruses or other harmful components; or (d) the results of using the Service will meet
your requirements. Your use of the Service is solely at your own risk. Some states or
countries do not allow limitations on how long an implied warranty lasts, so the above
limitations may not apply to you. The Company makes no guaranty of confidentiality or
privacy of any communication or information transmitted on the Site or any website
linked to the Site. The Company will not be liable for the privacy of email addresses,
registration and identification information, disk space, communications, confidential or
trade-secret information, or any other Content stored on the Company’s equipment,
transmitted over networks accessed by the Site, or otherwise connected with your use of
the Service. Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE
COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will
not be liable for the privacy of email addresses, registration and identification
information, disk space, communications, confidential or trade-secret information, or
any other Content stored on the Company’s equipment, transmitted over networks accessed
by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of
its and its affiliates’ employees, contractors, directors, suppliers, and
representatives from all liabilities, claims, and expenses, including reasonable
attorneys' fees and other legal costs, that arise from or relate to your use or misuse
of, or access to, the Service and Content, or otherwise from your User Submissions,
violation of the Terms of Use, or infringement by you, or any third party using your
account, of any intellectual property or other right of any person or entity. The
Company reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with the Company in asserting any available defenses.
Limitation of Liability
This site is provided by Shock Doctor on an “as is”
and “as available” basis. Shock Doctor makes no warranties, either expressed or
implied, as to the operation of the site or the content contained therein. You
expressly agree that your use ofwww.glukosenergy.com is at your own risk.
Shock Doctor cannot warrant that this site, our
servers, or email communications affiliated with the use of this website, are
free from viruses. Shock Doctor will not be responsible for any damages of any
kind resulting from use of this website, including but not limited to direct,
indirect, incidental, punitive, and consequential damages.
International
Accessing the Service is prohibited from territories where the Content is illegal. If you
access the Service from other locations, you do so at your own initiative and are
responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Shock Doctor all communications
including notices, agreements, legally required disclosures, or other information in
connection with the Services (collectively, "Contract Notices") electronically. Shock
Doctor may provide the electronic Contract Notices by posting them on the Site. If you
desire to withdraw your consent to receive Contract Notices electronically, you must
discontinue your use of the Services. By creating a Shock Doctor account, signing up for
a newsletter, purchasing a product(s) on Shock Doctor.com (or any affiliated websites)
and/or volunteering your email address anywhere on Shock Doctor.com (or any affiliated
websites), you are consenting to receive email notifications and communications from
Shock Doctor and employees of Shock Doctor. You are also consenting to have your email
shared with Shock Doctor’s trusted services.
Governing Law
These Terms of Service (and any further rules, policies, or guidelines incorporated by
reference) shall be governed by and construed in accordance with the laws of the State
of California and the United States, without giving effect to any principles of
conflicts of law, and without application of the Uniform Computer Information
Transaction Act or the United Nations Convention of Controls for International Sale of
Goods. You agree that the Company and its Services are deemed a passive website that
does not give rise to personal jurisdiction over Shock Doctor or its parents,
subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or
shareholders, either specific or general, in any jurisdiction other than the State of
California. You agree that any action at law or in equity arising out of or relating to
these terms, or your use or non-use of the Services, shall be filed only in the state or
federal courts located in San Francisco County in the State of California and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. You hereby irrevocably waive any right you may have to trial
by jury in any dispute, action, or proceeding.
Integration and Severability
These Terms of Use and other referenced material are the entire agreement between you and
the Company with respect to the Service, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you and the
Company with respect to the Service and govern the future relationship. If any provision
of the Terms of Use is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Terms of Use will
otherwise remain in full force and effect and enforceable. The failure of either party
to exercise in any respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder.
Miscellaneous
The Company shall not be liable for any failure to perform its obligations hereunder
where the failure results from any cause beyond the Company’s reasonable control,
including, without limitation, mechanical, electronic, production, shipping, or
communications failure or degradation. The Terms of Use are personal to you, and are not
assignable, transferable, or sublicensable by you except with the Company's prior
written consent. The Company may assign, transfer, or delegate any of its rights and
obligations hereunder without consent. No agency, partnership, joint venture, or
employment relationship is created as a result of the Terms of Use and neither party has
any authority of any kind to bind the other in any respect. In any action or proceeding
to enforce rights under the Terms of Use, the prevailing party will be entitled to
recover costs and attorneys' fees. All notices under the Terms of Use will be in writing
and will be deemed to have been duly given when received, if personally delivered or
sent by certified or registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is
sent, if sent for next day delivery by recognized overnight delivery service.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively,
"Content"), belongs exclusively to the Shock Doctor Corporation, or its affiliates. The
collection, arrangement, and assembly of all Content on this Site (the "Compilation")
belongs exclusively to Shock Doctor Corporation. or its affiliates. All software used on
this Site (the "Software") is the property of Shock Doctor Corporation, its affiliates
or its Software suppliers. The Content, the Compilation and the Software are all
protected by U.S. and international copyright laws. Shock Doctor and other logos,
slogans, trade names or words are registered trademarks, trademarks or service marks of
Shock Doctor Corporation, its affiliates, suppliers, or third parties. The use of any of
our trademarks or service marks without our express written consent is strictly
prohibited. You may not use our trademarks or service marks in connection with any
product or service in any way that is likely to cause confusion. You may not use our
trademarks or service marks in any manner that disparages or discredits us. You may not
use any of our trademarks or service marks in meta tags without prior explicit consent.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to
you, immediately terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall immediately
cease all access to and use of the Site and we shall, in addition to any other legal or
equitable remedies, immediately revoke all password(s) and account identification issued
to you and deny your access to and use of this Site in whole or in part. Any termination
of this Agreement shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising before the date of
termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may
contain products or references to products that are not available outside of the United
States. Any such references do not imply that such products will be made available
outside the United States. If you access and use this Site outside the United States you
are responsible for complying with your local laws and regulations.
Disclaimer And Limitation Of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH
PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE
TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. 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, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY
AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL
ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE
FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY
PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE
TO OUR LIABILITY.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due
to typographical error or error in pricing or product information received from our
suppliers, we shall have the right to refuse or cancel any orders placed for product
listed at the incorrect price. We shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, we
shall immediately issue a credit to your credit card account in the amount of the
charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by
third parties. You acknowledge that we are not responsible for the operation of or
content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement.
Remedies
You agree that our remedy at law for any actual or threatened breach of this Agreement
would be inadequate and that we shall be entitled to specific performance or injunctive
relief, or both, in addition to any damages that we may be legally entitled to recover,
together with reasonable expenses of any form of dispute resolution, including, without
limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other,
whether at law or in equity, including without limitation damages injunctive relief,
attorneys' fees and expenses. No instance of waiver by us of our rights or remedies
under these terms and conditions shall imply any obligation to grant any similar, future
or other waiver.
Applicable Law
This site is created and controlled by us in the State of California, USA. As such, the
laws of the State of California will govern these disclaimers, terms, and conditions,
without giving effect to any principles of conflicts of laws.
Disputes
Any dispute relating in any way to your visit to the Site or to the products you purchase
through the Site shall be submitted to confidential arbitration in San Francisco,
California, except that to the extent you have in any manner violated or threatened to
violate our intellectual property rights, we may seek injunctive or other appropriate
relief in any state or federal court in the State of California. You hereby consent to,
and waive all defenses of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in the state and federal courts of California.
Arbitration under these Terms of Use shall be conducted pursuant to the Commercial
Arbitration Rules then prevailing at the American Arbitration Association. The
arbitrator's award shall be final and binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class action proceedings or otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of, related to or connected with the use of the Site or this
Agreement must be filed within one (1) year after such claim or cause of action arose or
be forever banned.
Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed several and shall not affect the validity and
enforceability of any remaining provision.
Information on this site is not medical advice
Neither the information published on this Site, including product descriptions, nor the
information provided on any product label or packaging are intended as a substitute for
advice from your physician, physical therapist, or other healthcare professional. You
should not use the information on this site or provided with any product for diagnosis
or treatment of any health problem or for prescription of any therapy or other
treatment. You should always speak with your physician or other healthcare professional
before starting any diet or exercise program or before adopting any treatment for a
health problem, or a suspected health problem of any kind.
Our Address
Please send any questions or comments (including all
inquiries unrelated to copyright infringement) regarding this Site to:
11488 Slater Ave
Fountain Valley, CA 92708