Terms of Service

Last Modified: March 20, 2024

Section 7 of these terms OF SERVICE contains information regarding subscriptions, auto-renewals and cancellations thereof. Please review section 7 prior to purchasing any subscription.

1. Acceptance of the Terms of Service

These terms of service are entered into by and between you as a user of our website (“You” and “Your”) and 4WELLNESS LLC, an Ohio limited liability company dba 4Cancer Wellness (“Company,” “we” or “us”).  The following terms of service, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern Your access to and use of https://www.4cancerwellness.com/, any related applications, or platforms, and any content or functionality on or through any of the foregoing (collectively, the “Site”), whether as a guest, registered user, purchaser, or subscriber.

Please read these Terms carefully before You start to use the Site.  By using the Site or by clicking to accept or agree to the Terms when this option is made available to You, You accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.4cancerwellness.com/privacy-policy/, incorporated herein by reference.  If You do not agree to these Terms or the Privacy Policy, You must not, and must immediately discontinue, access and use the Site.   

This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions.  By using this Site, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If You do not meet all of these requirements, You must not access or use the Site.

Health & Medical Disclaimer

The information, content, and services provided through this Service are for informational and educational purposes only and are not intended as medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider

2. Changes to the Terms

We may revise and update these Terms 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 Site thereafter.  The most recent version of these Terms may be found here: https://www.4cancerwellness.com/terms-of-service/.

Your continued use of the Site following the posting of revised Terms means that You accept and agree to the changes.  You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

3. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service, good, or materials we provide on the Site, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site, including any service, good, or material purported to be provided on the Site, is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users, purchasers, and subscribers.

You are responsible for making all arrangements necessary for You to have access to the Site and ensuring all persons who access the Site through Your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information.  It is a condition of Your use of the Site that all the information You provide on the Site is correct, current, and complete. You agree to update such information as necessary to ensure such information remains current.  You agree that all information You provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy https://www.4cancerwellness.com/privacy-policy/, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of our registration, subscription, purchase, or security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity.  You also acknowledge that Your Site account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your username, password, or other security information for this Site.  You agree to notify us immediately of any unauthorized access to or use of Your username or password for this Site, 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. You agree we may share Your username and/or password to the extent we deem it necessary to comply with applicable law.

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.

4. Intellectual Property Rights and Restrictions on Use

The Site and its entire 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 the Company, its 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.

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by the Company, or the party credited as the provider of the Content.  You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site.

These Terms permit You to use the Site and the Consent 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 Consent on our Site, except as follows:

• Your computer may temporarily store copies of such Consent in RAM incidental to Your accessing and viewing that Consent.
• You may store files that are automatically cached by Your web browser for display enhancement purposes.
• You may download, where specifically permitted, one copy of the Content for Your own personal, non-commercial use and not for further reproduction, publication or distribution, provided you must keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from the Company, or the copyright holder identified in the copyright notice contained in the Content.
• If we provide desktop, mobile, or other applications for download, You may print or download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
• If you wish to build a hyperlink to the Site, you may do so provided You do so in a way that is fair and legal and does not damage our reputation or attempt to take advantage of it, and you agree to cease such link upon request from the Company. No other use is permitted without prior written permission of the Company.

 

You must not:

• Modify copies of any Content from this Site.
• Hold out any Content from this Site as Your own.
• Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this Site.

You must not access or use for any commercial purposes any part of the Site or any Content available through the Site.  If You wish to make any use of Consent on the Site other than that set out in this section, please address Your request to: [email protected].

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, Your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the Consent You have made.  No right, title, or interest in or to the Site or any Consent on the Site is transferred to You by Your use of the Site, and all rights not expressly granted are reserved by the Company.  Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The Company name, the Company logo, and all related names, logos, products, and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Site and its Content only for lawful purposes and in accordance with these Terms.  You agree not to use the Site or the Content:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Content, or which, as determined by us in our sole discretion, may harm the Company or users of the Site or expose them to liability (including, without limitation, linking to outside, malicious websites).
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, automatic device, process or means to access the Site for any purpose, including monitoring, framing, or copying any of the Content on the Site.
• Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site, whether intentionally or accidentally done
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

 

6. Not Professional Advice

The Content presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this Content or the research behind the articles, information, and statements contained on the Site, and no such Content is intended to be professional advice, including accounting, financial, legal, or medical advice.  Any reliance You place on such Content is strictly at Your own risk.  Consult with an appropriate professional before taking any action based on Content provided on or through this this Site. We disclaim all liability and responsibility arising from any reliance placed on such Content by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. The Company does not review the backgrounds of any such third party, including whether such any such third party maintains appropriate professional licenses. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to You or any third party, for the content or accuracy of any Content provided by any third parties.

Any reference made by the Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the Company.  Content on the Site may be provided by third parties and users.  Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.

THE SITE, CONTENT, AND THE INFORMATION AND PRODUCTS PROVIDED HEREIN AND THEREIN ARE NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND OTHER STATEMENTS CONTAINED ON THIS SITE, INCLUDING INFORMATION AND STATEMENTS PROVIDED BY HEALTHCARE PROFESSIONALS REGARDING PRODUCTS AND SERVICES OFFERED BY THE COMPANY, ARE FOR EDUCATIONAL PURPOSES ONLY SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE USED OR RELIED UPON TO SUGGEST A COURSE OF TREATMENT OR USED IN PLACE OF A VISIT, CALL, CONSULTATION, OR ADVICE OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. ADDITIONALLY, INFORMATION AND statements regarding PRODUCTS AND SERVICES OFFERED BY THE COMPANY have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING ADVICE OR TREATMENT BECAUSE OF ANYTHING YOU READ ON THIS SITE. NOTHING YOU SEE OR INTERACT WITH ON THIS SITE IS INTENDED TO CREATE A DOCTOR-PATIENT RELATIONSHIP.

7. Subscription, Auto-Renewal, Cancellation.

PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS OF THIS SECTION PRIOR TO PURCHASING ANY PAID SUBSCRIPTION.

A. Paid Subscriptions

Certain products and services may be purchased on the Site on a subscription basis, meaning you may elect to receive certain products and/or services at specified intervals (“Paid Subscriptions”). While Paid Subscription options will vary from time to time, they will require You to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to You prior to purchase (the “Subscription Period”).

We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to You in advance in the manner required by applicable law (if any). Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By registering for a Paid Subscription, You authorize us to charge Your credit card or other account that You have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars.  You shall pay all applicable taxes relating to the use of the Website through your account.

B. Auto-Renewal and Cancellation

The subscription fee for a Paid Subscription will be billed at the beginning of Your Subscription Period. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after Your initial Subscription Period, and again after any subsequent Subscription Periods, You will automatically be billed for an additional period of the same length. For example, if You select a monthly subscription beginning the 15^th of any month, You will be billed for an additional month on the 15^th of the next month, and then on the 15^th of each month after that, until You cancel Your subscription. In the event the Your Subscription Period begins on a day that is not contained in a subsequent month, we may bill Your subscription fee on a day in the subsequent month we deem appropriate.

You may cancel Your subscription at any time by logging into Your account on the Site or contacting us at [email protected]. You have the right to cancel Your subscription without fee or penalty at any time; provided, you will still be charged the subscription fee for Your subscription to the extent corresponding to any goods subject to Your subscription shipped prior to cancellation. If You cancel Your subscription, cancellation will be effective at the end of the current Subscription Period.

Third-Party Billing
If you purchase a subscription through a third-party platform (such as the Apple App Store or Google Play Store), your subscription must be managed and cancelled through that platform. We do not have access to or control over subscriptions purchased through third-party providers and cannot cancel or issue refunds for such subscriptions.

C. Refund Policy

We are proud to offer the highest quality Content on the market. If for any reason You are not satisfied with Your experience, contact us within thirty days of Your purchase for a refund or product exchange.  At our discretion, if we believe You are abusing our credit/refund policy, we reserve the right to ban Your account and to restrict all future use of the Site.  Excessive use of Content before requesting a refund may constitute abuse of the policy.

D. App Store & Third-Party Subscriptions

If you purchase a subscription through the Apple App Store or Google Play Store, payment will be charged to your account at confirmation of purchase.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.

Your account will be charged for renewal within 24 hours prior to the end of the current period.

You can manage or cancel your subscription at any time through your Apple ID or Google Play account settings.

Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

Free Trials
If a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless you cancel prior to the trial’s expiration.

E. Refund Policy

Except where required by applicable law, all payments are non-refundable.

If you purchase a subscription through the Apple App Store or Google Play Store, all billing and refund requests must be directed to the applicable platform, and will be subject to their terms and policies.

8. User Contributions

The Site may contain message boards, chat rooms, comment sections, personal web pages or profiles, forums, bulletin boards, blogs, feedback options, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.  Company reserves the right to delete or remove any User Contribution in its sole discretion.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use, specifically including the Content Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

9. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend Your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other persons on the Site, commonly known as “trolling.”
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Changes to the Site

We may update the content on this Site and/or any Content from time to time.  Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy.  By using the Site, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

13. Linking to the Site and Social Media Features

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or attempt to take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable You to:

• Link from Your own or certain third party sites to certain content on this Site.
• Send e-mails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on Your own or certain third party sites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

15. Geographic Restrictions

The owner of the Site is based in the state of Ohio in the United States.  We provide this Site for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

16. Links from the Site

If the Site contains links to other sites 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 sites 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 sites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use and privacy policies for such sites.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files or other content from the internet or the Site will be free of viruses 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 Site 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, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY OTHER ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE PURCHASE OF ANY SUCH ITEMS, IS AT YOUR OWN RISK.  THE SITE, ITS CONTENT AND ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT, OR ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FIT FOR A PARTICULAR PURPOSE, OR MERCHANTABLE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO COMMUNICATIONS FROM THE COMPANY OR ANY OF ITS AGENTS, INCLUDING COMMUNICATIONS FROM SUPPORT SERVICES, WILL BE DEEMED TO CREATE ANY WARRANTY.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS,  OFFICERS, DIRECTORS, OR SUCCESSORS OR ASSIGNS (THE “COMPANY PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE COMPANY PARTIES INCUR AGGREGATE LIABILITY HEREUNDER IN EXCESS OF THE LESSER OF (a) $10,000; OR (b) THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING THE PRODUCT OR SERVICE GIVING RISE TO SUCH LIABILITY.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company Parties from and against any direct and/or indirect claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your violation or alleged violation of these Terms or Your use of the Site.

20. Governing Law and Jurisdiction

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Dayton, and County of Montgomery County although we retain the right to bring any suit, action or proceeding against You for breach of these Terms in Your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

21. Copyright and Copyright Agent

If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work that You claim has been infringed;
• A description of where the material that You claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our Copyright Agent for notice of claims of copyright infringement on the Site is [NAME, MAILING ADDRESS, EMAIL ADDRESS, PHONE NUMBER]

 

22. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

25. Entire Agreement

These Terms, our Privacy Policy, and Terms of Online Sales constitute the sole and entire agreement between You and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

26. Your Comments and Concerns

The Site is operated by the Company,

31 S Main St #220 Dayton, OH 45402

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected].

Last Modified: March 11, 2024

Section 7 of these terms OF SERVICE containS information regarding subscriptions, auto-renewals and cancellations thereof. please review section 7 prior to purchasing any subscription.

1. Acceptance of the Terms of Service

These terms of service are entered into by and between you as a user of our website (“You” and “Your”) and 4WELLNESS LLC, an Ohio limited liability company dba 4Cancer Wellness (“Company,” “we” or “us”).  The following terms of service, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern Your access to and use of https://www.4cancerwellness.com/, any related applications, or platforms, and any content or functionality on or through any of the foregoing (collectively, the “Site”), whether as a guest, registered user, purchaser, or subscriber.

Please read these Terms carefully before You start to use the Site.  By using the Site or by clicking to accept or agree to the Terms when this option is made available to You, You accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.4cancerwellness.com/privacy-policy/, incorporated herein by reference.  If You do not agree to these Terms or the Privacy Policy, You must not, and must immediately discontinue, access and use the Site.   

This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions.  By using this Site, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If You do not meet all of these requirements, You must not access or use the Site.

2. Changes to the Terms

We may revise and update these Terms 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 Site thereafter.  The most recent version of these Terms may be found here: https://www.4cancerwellness.com/terms-of-service/.

Your continued use of the Site following the posting of revised Terms means that You accept and agree to the changes.  You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

3. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service, good, or materials we provide on the Site, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site, including any service, good, or material purported to be provided on the Site, is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users, purchasers, and subscribers.

You are responsible for making all arrangements necessary for You to have access to the Site and ensuring all persons who access the Site through Your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information.  It is a condition of Your use of the Site that all the information You provide on the Site is correct, current, and complete. You agree to update such information as necessary to ensure such information remains current.  You agree that all information You provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy https://www.4cancerwellness.com/privacy-policy/, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of our registration, subscription, purchase, or security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity.  You also acknowledge that Your Site account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your username, password, or other security information for this Site.  You agree to notify us immediately of any unauthorized access to or use of Your username or password for this Site, 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. You agree we may share Your username and/or password to the extent we deem it necessary to comply with applicable law.

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.

4. Intellectual Property Rights and Restrictions on Use

The Site and its entire 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 the Company, its 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.

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by the Company, or the party credited as the provider of the Content.  You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site.

These Terms permit You to use the Site and the Consent 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 Consent on our Site, except as follows:

• Your computer may temporarily store copies of such Consent in RAM incidental to Your accessing and viewing that Consent.
• You may store files that are automatically cached by Your web browser for display enhancement purposes.
• You may download, where specifically permitted, one copy of the Content for Your own personal, non-commercial use and not for further reproduction, publication or distribution, provided you must keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from the Company, or the copyright holder identified in the copyright notice contained in the Content.
• If we provide desktop, mobile, or other applications for download, You may print or download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
• If you wish to build a hyperlink to the Site, you may do so provided You do so in a way that is fair and legal and does not damage our reputation or attempt to take advantage of it, and you agree to cease such link upon request from the Company. No other use is permitted without prior written permission of the Company.

 

You must not:

• Modify copies of any Content from this Site.
• Hold out any Content from this Site as Your own.
• Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this Site.

You must not access or use for any commercial purposes any part of the Site or any Content available through the Site.  If You wish to make any use of Consent on the Site other than that set out in this section, please address Your request to: [email protected].

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, Your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the Consent You have made.  No right, title, or interest in or to the Site or any Consent on the Site is transferred to You by Your use of the Site, and all rights not expressly granted are reserved by the Company.  Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The Company name, the Company logo, and all related names, logos, products, and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Site and its Content only for lawful purposes and in accordance with these Terms.  You agree not to use the Site or the Content:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Content, or which, as determined by us in our sole discretion, may harm the Company or users of the Site or expose them to liability (including, without limitation, linking to outside, malicious websites).
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, automatic device, process or means to access the Site for any purpose, including monitoring, framing, or copying any of the Content on the Site.
• Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site, whether intentionally or accidentally done
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

 

6. Not Professional Advice

The Content presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this Content or the research behind the articles, information, and statements contained on the Site, and no such Content is intended to be professional advice, including accounting, financial, legal, or medical advice.  Any reliance You place on such Content is strictly at Your own risk.  Consult with an appropriate professional before taking any action based on Content provided on or through this this Site. We disclaim all liability and responsibility arising from any reliance placed on such Content by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. The Company does not review the backgrounds of any such third party, including whether such any such third party maintains appropriate professional licenses. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to You or any third party, for the content or accuracy of any Content provided by any third parties.

Any reference made by the Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the Company.  Content on the Site may be provided by third parties and users.  Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.

THE SITE, CONTENT, AND THE INFORMATION AND PRODUCTS PROVIDED HEREIN AND THEREIN ARE NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND OTHER STATEMENTS CONTAINED ON THIS SITE, INCLUDING INFORMATION AND STATEMENTS PROVIDED BY HEALTHCARE PROFESSIONALS REGARDING PRODUCTS AND SERVICES OFFERED BY THE COMPANY, ARE FOR EDUCATIONAL PURPOSES ONLY SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE USED OR RELIED UPON TO SUGGEST A COURSE OF TREATMENT OR USED IN PLACE OF A VISIT, CALL, CONSULTATION, OR ADVICE OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. ADDITIONALLY, INFORMATION AND statements regarding PRODUCTS AND SERVICES OFFERED BY THE COMPANY have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING ADVICE OR TREATMENT BECAUSE OF ANYTHING YOU READ ON THIS SITE. NOTHING YOU SEE OR INTERACT WITH ON THIS SITE IS INTENDED TO CREATE A DOCTOR-PATIENT RELATIONSHIP.

 

7. Subscription, Auto-Renewal, Cancellation.

PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS OF THIS SECTION PRIOR TO PURCHASING ANY PAID SUBSCRIPTION.

A. Paid Subscriptions

Certain products and services may be purchased on the Site on a subscription basis, meaning you may elect to receive certain products and/or services at specified intervals (“Paid Subscriptions”). While Paid Subscription options will vary from time to time, they will require You to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to You prior to purchase (the “Subscription Period”).  In addition to these Terms, Paid Subscriptions are governed by our Terms of Online Sales available at [URL TO TERMS OF ONLINE SALES]. 

We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to You in advance in the manner required by applicable law (if any). Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By registering for a Paid Subscription, You authorize us to charge Your credit card or other account that You have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars.  You shall pay all applicable taxes relating to the use of the Website through your account.

B. Auto-Renewal and Cancellation

The subscription fee for a Paid Subscription will be billed at the beginning of Your Subscription Period. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after Your initial Subscription Period, and again after any subsequent Subscription Periods, You will automatically be billed for an additional period of the same length. For example, if You select a monthly subscription beginning the 15^th of any month, You will be billed for an additional month on the 15^th of the next month, and then on the 15^th of each month after that, until You cancel Your subscription. In the event the Your Subscription Period begins on a day that is not contained in a subsequent month, we may bill Your subscription fee on a day in the subsequent month we deem appropriate.

You may cancel Your subscription at any time by logging into Your account on the Site or contacting us at [email protected]. You have the right to cancel Your subscription without fee or penalty at any time; provided, you will still be charged the subscription fee for Your subscription to the extent corresponding to any goods subject to Your subscription shipped prior to cancellation. If You cancel Your subscription, cancellation will be effective at the end of the current Subscription Period.

Third-Party Billing
If you purchase a subscription through a third-party platform (such as the Apple App Store or Google Play Store), your subscription must be managed and cancelled through that platform. We do not have access to or control over subscriptions purchased through third-party providers and cannot cancel or issue refunds for such subscriptions.

C. Refund Policy

We are proud to offer the highest quality Content on the market. If for any reason You are not satisfied with Your experience, contact us within thirty days of Your purchase for a refund or product exchange.  At our discretion, if we believe You are abusing our credit/refund policy, we reserve the right to ban Your account and to restrict all future use of the Site.  Excessive use of Content before requesting a refund may constitute abuse of the policy.

D. App Store & Third-Party Subscriptions

If you purchase a subscription through the Apple App Store or Google Play Store, payment will be charged to your account at confirmation of purchase.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.

Your account will be charged for renewal within 24 hours prior to the end of the current period.

You can manage or cancel your subscription at any time through your Apple ID or Google Play account settings.

Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

Free Trials
If a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless you cancel prior to the trial’s expiration.

E. Refund Policy

Except where required by applicable law, all payments are non-refundable.

If you purchase a subscription through the Apple App Store or Google Play Store, all billing and refund requests must be directed to the applicable platform, and will be subject to their terms and policies.

8. User Contributions

The Site may contain message boards, chat rooms, comment sections, personal web pages or profiles, forums, bulletin boards, blogs, feedback options, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.  Company reserves the right to delete or remove any User Contribution in its sole discretion.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use, specifically including the Content Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

9. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend Your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other persons on the Site, commonly known as “trolling.”
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Changes to the Site

We may update the content on this Site and/or any Content from time to time.  Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy.  By using the Site, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

13. Online Purchase and Other Terms and Conditions

All purchases through our Site or other transactions for the sale of goods, services, or information formed through the Site or resulting from visits made by you will be governed by our Terms of Online Sale [URL LINK TO SITE’S TERM OF SALE].

14. Linking to the Site and Social Media Features

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or attempt to take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable You to:

• Link from Your own or certain third party sites to certain content on this Site.
• Send e-mails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on Your own or certain third party sites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

15. Geographic Restrictions

The owner of the Site is based in the state of Ohio in the United States.  We provide this Site for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

16. Links from the Site

If the Site contains links to other sites 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 sites 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 sites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use and privacy policies for such sites.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files or other content from the internet or the Site will be free of viruses 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 Site 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, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY OTHER ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE PURCHASE OF ANY SUCH ITEMS, IS AT YOUR OWN RISK.  THE SITE, ITS CONTENT AND ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT, OR ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FIT FOR A PARTICULAR PURPOSE, OR MERCHANTABLE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO COMMUNICATIONS FROM THE COMPANY OR ANY OF ITS AGENTS, INCLUDING COMMUNICATIONS FROM SUPPORT SERVICES, WILL BE DEEMED TO CREATE ANY WARRANTY.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS,  OFFICERS, DIRECTORS, OR SUCCESSORS OR ASSIGNS (THE “COMPANY PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE COMPANY PARTIES INCUR AGGREGATE LIABILITY HEREUNDER IN EXCESS OF THE LESSER OF (a) $10,000; OR (b) THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING THE PRODUCT OR SERVICE GIVING RISE TO SUCH LIABILITY.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company Parties from and against any direct and/or indirect claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your violation or alleged violation of these Terms or Your use of the Site.

20. Governing Law and Jurisdiction

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Dayton, and County of Montgomery County although we retain the right to bring any suit, action or proceeding against You for breach of these Terms in Your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

21. Copyright and Copyright Agent

If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work that You claim has been infringed;
• A description of where the material that You claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our Copyright Agent for notice of claims of copyright infringement on the Site is [NAME, MAILING ADDRESS, EMAIL ADDRESS, PHONE NUMBER]

 

22. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

25. Entire Agreement

These Terms, our Privacy Policy, and Terms of Online Sales constitute the sole and entire agreement between You and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

26. Your Comments and Concerns

The Site is operated by the Company,

31 S Main St #220 Dayton, OH 45402

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected].