PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN THEIR ENTIRETY BEFORE USING THIS PLATFORM OR ANY SERVICES MADE AVAILABLE USING THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 22), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 18, 19, 20 AND 22 FOR MORE INFORMATION.
THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
1. OUR ROLE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS
Welcome to the website operated by Unfair Advantage, LLC, an Idaho limited liability company ("Unfair Advantage", "we", "us" or "our"). The following terms and conditions ("Terms and Conditions") govern your access to and use of (i) the unfairadvantage.com, supplementsecrets.com, and other websites which are owned or operated by Unfair Advantage (the "Sites"); (ii) any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by Unfair Advantage or its affiliates ("Mobile Apps", and together with the Sites and other online or mobile-enabled technology, digital tools, the "Platform"); and (iii) any services and products that you may access through the use of the Platform (such services and products, the "Services").
The Services available through the Platform may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by clinical laboratories, including contracted third parties and other clinical labs (collectively, "Labs"); (iii) access to healthcare practitioners and staff members ("Practitioners") who are contracted by certain independent third parties (collectively, the "Practices"); (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Practitioners on the Platform; and (iv) technology support for using the Platform as a means of direct access to Lab test results and to Practitioners for communication, consultations, assessments, and treatment by such Practitioners; and (v) ability to purchase vitamins, supplements, over-the-counter and clinical lab test and collection kits and other tangible items ("Products").
All health and wellness information or resources available on the Platform are for informational purposes only, and are not a substitute for direct health care services nor are they an indicator of specific results. Neither Unfair Advantage nor the Platform provides medical advice or care. Rather, although the Platform enables individuals to access the services of Labs, Practices and Practitioners, you agree and acknowledge that it is the Labs, Practices and/or Practitioners, as the case may be, who are furnishing all health or medical services to you, not Unfair Advantage or the Platform, and that you are not entering into a provider-patient relationship with Unfair Advantage or the Platform. Unfair Advantage does not exercise control or direction over the means, methods or manner by which any Lab, Practice or Practitioner exercises professional judgment in the provision of their clinical services. Similarly, we are not responsible for the quality or appropriateness of the care any Lab, Practice or Practitioner renders to you, including any personal injury or property damage.
The Platform is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
To the fullest extent possible under applicable law, all suppliers of Services and Products, including all Labs, Practices or Practitioners that are accessed or purchased on the Platform shall be beneficiaries of, and possess the right to enforce, any and all rights, remedies, disclaimers, limitations, waivers or other legal or equitable remedies or benefits available to Unfair Advantage and its affiliates under these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH HEREIN, YOU MUST NOT ACCESS OR USE THE PLATFORM.
2. ADDITIONAL TERMS AND CONDITIONS
In order to access or purchase certain Services or Products available on the Platform, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions"). Such Additional Terms and Conditions may be specific to (a) a supplier of the Services or Product, including a specific or group of Lab(s), Practice(s) or Practitioner(s), (b) a Service or Product or category of Service or Product, or (c) any combination thereof.
To the fullest extent possible under applicable law, those Additional Terms and Conditions shall be incorporated into these Terms and Conditions with respect to applicable Services, Products or suppliers, as the case may be, as and when they are entered into or acknowledged, and said Additional Terms and Conditions and these Terms and Conditions shall be interpreted, to the fullest extent possible, as if they are incorporated into one and the same instrument; provided, however, in the event of express conflict between these Terms and Conditions and applicable Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall control. To the extent that certain Additional Terms and Conditions cannot under applicable law be incorporated into these Terms and Conditions with respect to certain Services, Products or suppliers, you acknowledge that Unfair Advantage or an affiliate thereof (a) may exercise applicable rights under said Additional Terms and Conditions of the applicable supplier (including a Lab, Practice or Practitioner) of said Services or Products, as said supplier's service provider; and (b) Unfair Advantage is a third-party beneficiary of, with the right to exercise and enforce against you, any and all rights, remedies or defenses available under said Additional Terms and Conditions.
3. ELIGIBILITY AND AVAILABILITY
In order to access the Services through the Platform, you represent and warrant that:
If you do not meet all of these requirements, you must not access or use the Platform or any Services available through the Platform.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. Certain Services may only be available to individuals who satisfy additional eligibility criteria or who reside or are located in certain geographic locations ("Eligibility Criteria"). We, Labs, Practices and/or Providers will endeavor to provide notice of such limitations when using those parts of the Services. Notwithstanding the foregoing, at all times Practitioners exercise their independent clinical judgement in furnishing Services to individuals. Accordingly, Practitioners delivering services may on a case-by-case basis determine that additional criteria may apply in the case of specific individuals or that certain services are not appropriate in any individual instance for a particular user. In addition to the above requirements, we, Labs, Practices and their Practitioners reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
We are based in the United States. We provide the Platform and our Services for use only by individuals located in the United States, except in any jurisdiction where the Products or Services would be illegal or any other jurisdiction that we expressly do not do business. We make no claims or representations that the Platform or any of the content made available therein is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
4. ACCOUNT REGISTRATION
To purchase Services on the Platform, or access certain Services that may have been purchased at an online location or otherwise made available, you may be required to set up an account (an "Account") on the Platform. To obtain an Account, you may be asked to provide certain registration details or other information. It is a condition of your setting-up an Account that all the information you provide is correct, current and complete.
You acknowledge that your Account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.
5. SERVICES AND PRODUCTS ACCESSED ON THE PLATFORM
This Section 5 describes the Services and Products that may be accessed or purchased on the Platform. Please read them carefully before accessing or purchasing any Service or Product. All purchases of Services or Products are subject to the provisions of Section 6 (Purchases, Shipping and Payment Methods), except as and to the extent expressly modified by the terms in this Section 5 applicable to specific Services or Products.
A. Health and Wellness Information; Not Healthcare or Medical Advice
The contents of the Platform, such as text, graphics, images, and other materials created by us or obtained from our licensors, including from users of the Platform who share their health and wellness journey experiences (collectively, "Content") are for informational purposes only. Although some Content may include health- or medical-related information, or online tools to calculate general health and wellness metrics, all such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Content or otherwise, and you should not use the Content on the Platform for the diagnosis or treatment of any health issue or for prescription of any medication or other treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Platform. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
B. Laboratory Testing Services
The Platform may enables you to purchase laboratory testing Services ("Test Services"), as well as access to Test Services you may have purchased or received from an online location. Except as expressly indicated in the Test Services description information or packaging materials, all Test Services are intended for wellness monitoring, informational and educational use, and are not intended to diagnose or treat disease. Carefully review this Section 5(B) and description page for any Test Services you select prior to purchasing your Test Services.
i. Ordering Test Services
In order to access Test Services purchased on the Platform or at a retail or other online location, you may be required to set up an Account and may be required to submit additional information to deliver collection kits to you and potentially determine whether you satisfy applicable Eligibility Criteria. In order for the Lab to process your request for Test Services, you may be required to submit applicable information necessary to enable a Practitioner ("Reviewing Practitioner") to assess whether the Test Service is appropriate for you. Test Services will not be provided to you if the Reviewing Practitioner does not authorize your request and order the applicable Test Services. In the event that a Reviewing Practitioner does not ultimately authorize a Test Service, we will refund the applicable fees you paid in respect of said Test Services.
ii. Submitting Samples using Collection Kits
Our at-home Test Services require you to access the collection kit ("Collection Kit") that you purchased on the Platform or at a retail or other online location. Please read carefully all of the notices and instructions ("Instructions") included in the Collection Kit. You must then (a) collect all biological samples ("Samples") in accordance with the Instructions, and (b) send the Sample(s) directly to the Lab set forth in the Instructions or otherwise indicated on the Platform. If you do not provide an adequate Sample or utilize the Collection Kit, or provide it in a manner that is contraindicated or not consistent with any Instructions, or do not return the Sample within the timeframe set forth in the Instructions, the Lab may not be able to process your Sample or such action may result in inaccurate and unreliable readings of the Sample. In the event the Lab determines that a Sample is not suitable for testing due to the content of the Sample or because the Sample may have been submitted in contravention of the Instructions or these Terms and Conditions, we and the Lab reserve the right to withhold the Test Results (defined below) and to not provide a refund.
By sending us a Sample, you are thereby (a) consenting to undergo the related Test Services, (b) and re-affirming to be bound by these Terms and Conditions and Additional Terms and Conditions, (c) representing and warranting that you have read all relevant Instructions and packaging materials provided with the Collection Kit, and authorizing us to transmit your personal information to the Reviewing Practitioner, the Lab, other health providers you identify, third-party payors and their respective business associates and subcontractors, as described in these Terms and Conditions. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
iii. Test Results
If your Sample is successfully processed by the relevant Lab, the results of the Test Services ("Test Results") will be made available to the Reviewing Practitioner, who will release the Test Results to us, who will make them available to you in your Account on the Platform. Except as expressly indicated in the Test Service's packaging or Platform description information, all Test Services are intended for informational, educational and wellness purposes only. Accordingly, whether or not the Lab performing the Test Services indicates in the Test Results that said results are "positive," "reactive," "detected," "elevated" or any other indication, the Test Results are not intended to diagnose or treat a disease or condition. Furthermore, due to the nature of the Test Services, neither we nor the Lab warrant that the Test Results will be entirely or 100% accurate. Inaccuracies can arise from a number of factors. For example, certain infections, such as sexually transmitted infections, may remain undetectable for an extended period of time due to varying incubation periods. Additionally, there can be instances of "false-positive" and "false-negative" test results, resulting, for example, in an individual who has a specified condition or biomarker receiving a "false negative" Test Result. Accordingly, if you have a "positive," "reactive," "detected," or "elevated" Test Result, or have concerns about your Test Results, you will need a further confirmatory diagnostic test.
If you require any further information, you agree to contact us or a licensed healthcare professional for further information.
In order for a Lab to process your request for Test Services, you may be required to submit applicable information necessary to enable the Reviewing Practitioner to assess whether the Test Services are appropriate for you, and will review the Test Results if and when furnished by the Lab. You understand and agree that as to certain Tests offered through the Platform you do not necessarily establish a provider-patient relationship with the Reviewing Provider simply as a result of your purchase or use of the Test Services.
6. PURCHASES, SHIPPING AND PAYMENT METHODS
A. Ordering Services and Products.
Please carefully read in their entirety the descriptions of all Services and Products prior to ordering and purchasing them on the Platform. Please note that we reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or to limit the quantity of items purchased per person, per household or per order. Prices and availability are subject to change without notice. Please also note that there may be certain orders that we are unable to accept and must cancel. Some situations that may result in your order being canceled include limitations on quantities available for purchase, or inaccuracies or errors in pricing information, but we reserve the right to cancel for any reason whatsoever. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
B. Pricing Information.
We reserve the right to change the prices for our Services and Products at any time. You acknowledge that the prices you paid for a Service or Product may be different from the price paid by others because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time you purchased the Services or Products.
We work hard to provide accurate pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation.
If you are located in the United States, we will arrange for shipment of the Products you purchase on the Platform. You will pay all shipping and handling charges specified during the ordering process, unless otherwise specified in writing. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping and delivery of your Products. If indicated on the Product description page associated with a specified product or category of products, we may offer free or reduced-price shipping on certain qualifying orders.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Shipping may not be available to locations outside the United States.
D. Payment Method and Taxes.
If you wish to purchase Services or Products on the Platform, payment may be made by credit card, debit card or any other such method as we, in our sole discretion, may introduce on the Platform from time to time ("Payment Method"). We reserve the right to accept or refuse any payment made in any form.
To purchase Services or Products on the Platform, you must provide valid credit or debit card information on the Platform's order form. This information includes, but is not limited to, your credit card number, the expiration date of your credit card, the CVV information, your billing address and the name as it appears on the card ("Payment Method Information").
By submitting such Payment Method Information, you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your purchase or use of the Services or Products, together with any applicable taxes. You represent and warrant that you have the legal right to use your designated Payment Method(s) submitted on the Platform in connection with any purchase of Services or Products, that the charges incurred by you on the Platform will be honored by your Payment Method issuer, you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, and that the information you supply to us is true, correct and complete. As certain fees for Services rendered through the Platform are fees for clinical, laboratory and related services rendered by Labs, the Practices and Practitioners, you acknowledge that we are serving as the billing and collection agent on behalf of Practices and Labs, as the case may be and described in the applicable subsection of Section 5, to collect such amounts on their behalf.
We reserve the right to cancel any order, any time and for any reason. If your Payment Method has already been charged and your order is canceled, you shall receive a credit to your Payment Method account in the amount of the charge. We will not be responsible (i) for any charges that your Payment Method issuer may apply to you as a result of our processing your order, (ii) if your Payment Method issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Services or Products that may arise due to any validation checks that may be carried out regarding your payment or identification.
You agree that authorization to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify us of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Products and Services that you have ordered.
We use a third-party payment processor (the "Payment Processor") to facilitate payment for purchases of Products and Services. Processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By submitting the Payment Method Information, you grant us an irrevocable, unencumbered, world-wide, and perpetual right to provide the Payment Method Information to our Payment Processor. We are not responsible for any acts or omissions of the Payment Processor. We reserve the right to refuse or cancel your order of Products if fraud or an unauthorized or illegal transaction is suspected.
We reserve the right to issue refunds or credits for any Service or Product at our sole discretion or pursuant to a refund policy. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
7. PRIVACY NOTICES
8. CHANGES TO THE TERMS AND CONDITIONS
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. If we make material changes that would impact your use of the Platform, we will endeavor to notify you of the changes, such as by posting a notice directly on the Platform, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. Your continued use or re-visitation of the Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check these Terms and Conditions and the Platform generally from time to time so you are aware of any changes, as they are binding on you. If you do not agree to the changed Terms and Conditions, you should immediately terminate your use of the Platform.
9. ACCESSING THE PLATFORM
We reserve the right to withdraw or amend the Platform, and any material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the entirety of the Platform.
10. INTELLECTUAL PROPERTY RIGHTS
The Platform and the entirety of its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, and product names, and designs appearing on the Platform are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
These Terms and Conditions permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:
You must not:
B. User Submitted Content.
If you submit, post or display content of any kind related to Unfair Advantage or its Products and Services on any medium whatsoever ("User Content"), you (i) represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, and (ii) grant us, our affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content on or through the Platform, our blog or by other means now existing or hereafter devised. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the promotion, marketing or provision of any Service or Products.
11. PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Platform:
Additionally, you agree not to:
12. RELIANCE ON INFORMATION POSTED
The Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. ACCESS, CORRECTION AND DATA INTEGRITY
Although we attempt to maintain the integrity and accuracy of the information on the Platform, we make no guarantees as to its correctness, completeness, or accuracy. The Platform may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Platform is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.
14. LINKS TO OTHER WEBSITES AND RESOURCES
If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. ELECTRONIC COMMUNICATIONS
You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with us and through the Platform with the Practices and their Practitioners, and engage in health-oriented activities with Practitioners of the Practices, and such processes have the same force and effect as your written signature. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
You agree to receive invitations, notifications, reminders, and other communications from us (and any of our affiliates or agents) and the Practices and their Practitioners through the Platform, or by email, phone or other method of communication. These communications may include (but are not limited to):
When permitted by law, we may also send you promotional communications via email, including newsletters, surveys and other news and information we think will be of interest to you. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our emails by following the instructions for unsubscribing contained in the e-mails. Please allow us ten (10) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still email you non-commercial (transactional) e-mails related to your account and your transactions via the Platform.
16. WEBSITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
If you create an Account on the Platform, you agree to complete the registration process by providing current, complete, and accurate information. You are responsible for all activities that occur under your Account. In the event access to the Platform or a portion thereof is limited, requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked at any time with or without cause.
17. USER CONTENT AND CONDUCT GUIDELINES
User Content is any content, materials or information (including, without limitation, any health information, medical history, conditions, problems, symptoms, personal information or protected health information, consent forms, agreements, graphics, messages, videos, photographs/images, data, questions, requests, comments, suggestions, etc.) that you upload, send, e-mail, display, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Platform. You agree not to provide any User Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (b) violates or infringes privacy, copyright, trademark, trade dress, trade secrets, or other intellectual property rights, proprietary rights, or any other applicable law or regulation.
Your privilege to use the Platform depends on your compliance with the conduct guidelines set forth above. We reserve the right to monitor your account and may revoke your privileges to use all or some of the Platform and/or take any other appropriate measures, including the removal of any public posts you make that violate these guidelines, to enforce these conduct guidelines if we become aware of violations. If you fail to adhere to these conduct guidelines, or any other part of these Terms and Conditions, we may terminate, in our sole discretion, your use of, or participation in, any part(s) of the Platform. Any violation of this section may also subject you to civil and/or criminal liability.
18. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Platform or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE PLATFORM, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM, OUR (AND THE SERVICE PROVIDERS,' INCLUDING LABS, PRACTICES, AND PRACTITIONERS) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF SCRIPT VIRUSES, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND THE SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
19. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, THE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, OR (2) ARISING OUT OF OF OR IN CONNECTION WITH ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE PLATFORM, INCLUDING, IN EITHER CASE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM OR ANY OTHER RELATED SERVICES. THE OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, OR PROGRAMS. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE PLATFORM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
20. LIMITATION ON LIABILITY
We may terminate your use of the Platform for any or no reason at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM.
21. DISPUTE RESOLUTION
Unless it is settled or otherwise resolved by mutual agreement, any dispute, claim, question, or disagreement ("Dispute") arising from or relating to these Terms and Conditions, the Platform, or the Services, shall be resolved through confidential arbitration administered by the American Arbitration Association ("AAA") under its rules for consumer arbitrations ("AAA Rules"). The venue for all such Disputes shall be in Boise, Idaho, but you and we (collectively, the "Parties") may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. Such a notice should be mailed to:
Unfair Advantage, LLC
3443 W. Bavaria St.
Eagle, ID 83616
ATTN: Legal Department (AAA Request)
The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable limitations period. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply.
Other than the exceptions listed herein, the arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney's fees) and any award of the arbitrator will be final and binding on each of the Parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions. The fees charged by the AAA and arbitrator shall be shared equally by the Parties. If, however, you are able to prove that the costs of arbitration will be significantly more prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.
Either party may bring a claim related to intellectual property rights, seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, or seek to bring an individual action in small claims court (provided such claim qualifies to be filed in small claims court), in any court of competent jurisdiction, without the posting of bond or other security). If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and Conditions and will remain valid and enforceable, except as prohibited by applicable law.
22. GOVERNING LAW AND JURISDICTION
All disputes arising from or relating to these Terms and Conditions and all Disputes arising from or relating to the Platform or the Services (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Idaho regardless of where you access the Platform, and notwithstanding any conflicts of law principles.
23. CLASS ACTION WAIVER
ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A COLLECTIVE OR CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS AND CONDITIONS OR ANY DISPUTES BETWEEN THE PARTIES. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
24. LIMITATION OF TIME TO FILE CLAIMS
ANY ACTION, CLAIM OR DISPUTE YOU HAVE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR, UNLESS PROHIBITED BY APPLICABLE LAW. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.
You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by e-mail to the address you provide to us. Your on-going use of the Platform after any such notice is deemed acknowledgement of your acceptance of such information, including any Terms and Conditions, as updated.
B. Entire Agreement.
These Terms and Conditions constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any other terms (aside from any Additional Terms and Conditions duly entered into pursuant to these Terms and Conditions), the terms of these Terms and Conditions shall govern. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect. The headings of sections and paragraphs in these Terms and Conditions are for convenience only and shall not affect their interpretation.
We may freely assign these Terms in connection with a merger, reorganization, acquisition, or sale of assets, or by operation of law or otherwise.
D. Health Disclaimer.
All other waivers and/or disclaimers that appear on our website to which these Terms and Conditions are linked shall be incorporated into these Terms and Conditions in their entirety.
To contact us, please send an email to email@example.com.